Forbearance is the Basis for Dealing with Allah`s Creation

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The Fatwa Department of the Hashemite Kingdom of Jordan was founded in 1921. Since its formation, it has relied upon Hanafi fatwas which were in use during the Ottoman era, and the Mufti has answered the questions of members of the public, whether they relate to worship or financial transactions or personal statutes, and it has assigned a mufti to each judge in cities both large and small. The judge seeks the mufti's assistance in solving social problems, just as the mufti refers to the judge matters which are not within the mufti's jurisdiction and which require evidence and witnesses....
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Summarized Fatawaa

I have a question regarding the deferred portion of the dowry (Mahr)*. Is the wife entitled to it only upon divorce or she can claim it even if divorce hasn`t taken place? Moreover, does she have the right to claim this portion after death of husband, even if he didn`t divorce her before that?

All perfect praise be to Allah the Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

In the marriage contract, it is recorded that the deferred portion of the dowry is due upon divorce or death, whatever comes first. If divorce took place first then the woman is entitled to it and if the husband died this amount must be paid from his estate. On the other hand, if the woman died then the husband becomes liable for this portion and it becomes part of the woman`s estate. We advise every husband to give this portion to his wife while alive because it is a right of hers. And Allah The Almighty Knows Best.

* In Islam, a Mahr is the obligation, in the form of money or possessions paid by the groom, to the bride at the time of Islamic marriage (payment also has circumstances on when and how to pay). While the mahr is often money, it can also be anything agreed upon by the bride such as jewelry, home goods, furniture, a dwelling or some land. Mahr is typically specified in the marriage contract signed upon marriage.

Is it permissible for a father to disinherit his disobedient, alcohol consuming son and his daughter who had fled home and never returned?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

It is permissible to give heirs some money because of their being extra obedient or needy. As far as inheritance is concerned, it is to be divided after one`s death, so it had better be left to the court itself. And Allah The Almighty Knows Best.

Is the `Iddah (waiting period) of the divorced effective from the time the divorce took place, or from the time of registering it at the court?

It is considered effective from the time the divorce took place, and not from the time of registering it at the court.

What does the name ”Mai`es” mean?

“Mai`es” and “Mais`san”: strutting. “Mai`es” : a tree` of high-quality wood, and giving this name to your daughter is permissible.

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Forbearance is the Basis for Dealing with Allah`s Creation

Author : Dr. Hassan Abu_Arqoub

Date Added : 04-01-2021

Forbearance is the Basis for Dealing with Allah`s Creation

A group of people thinks that sternness, mercilessness, anger and violence embody strength or manhood and they give a person control over different situations, however, this is incorrect. In principle, forbearance, leniency and kindness are the basis for dealing with others and they bring hearts and minds together. Allah The Almighty Says (What means): "It is part of the Mercy of Allah that thou dost deal gently with them Wert thou severe or harsh-hearted, they would have broken away from about thee: so pass over (their faults), and ask for (Allah's) forgiveness for them; and consult them in affairs (of moment). Then, when thou hast taken a decision put thy trust in Allah. For Allah loves those who put their trust (in Him)." [Al-Imran/159]. Thus, kindness, leniency and forbearance pass on to the next generations and love bears the fruit of righteousness, which is the golden key for the hearts of all people.

Therefore, in several narrations, Prophet (PBUH) urged Muslims to observe forbearance and kindness when dealing with others. This is in order for a Muslim to have self-control and become a successful role model in his relations with others: in-laws, children, neighbors, and colleagues…etcetera. 'Aisha (May Allah be pleased with her) reported: The Prophet (PBUH) said: "Whenever forbearance is added to something, it adorns it; and whenever it is withdrawn from something, it leaves it defective." [Moslim].

Moreover, 'Aisha (May Allah Be Pleased with her), the wife of Allah's Apostle (PBUH), reported that Allah's Messenger (PBUH) said: "'Aisha, verily Allah is Kind and He loves kindness and confers upon kindness which he does not confer upon severity and does not confer upon anything else besides it (kindness)." [Moslim].

In addition, Jarir b. 'Abdullah (May Allah Be Pleased with him) reported Allah's Apostle (PBUH) as saying:

"He who is deprived of tenderly feelings is in fact deprived of good and he who is deprived of tenderly feelings is in fact deprived of good." [Moslim].

Since violence usually stems from anger, our Prophet (PBUH) forbade it and commanded us not to get angry. He (PBUH) said: "On the authority of Abu Hurayrah (may Allah be pleased with him): A man said to the Prophet (peace and blessings of Allah be upon him): "Counsel me, so he (peace and blessings of Allah be upon him) said: "Do not become angry." The man repeated [his request for counsel] several times, and [each time] he (peace and blessings of Allah be upon him) said: "Do not become angry." [Al-Bukhari].

Furthermore, Abu Hurairah (May Allah be pleased with him) reported: Messenger of Allah (PBUH) said: "The strong man is not the one who wrestles, but the strong man is in fact the one who controls himself in a fit of rage." [Al-Bukhari].

Kindness, leniency and forbearance are the bricks of healthy human relationships and each Muslim should maintain his different relations according to this scale. And Allah is the One Who Bestows all that is good.

هذا المقال يعبر عن رأي كاتبه، ولا يعبر بالضرورة عن رأي دائرة الإفتاء العام

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Summarized Fatawaa

Is abortion permissible when the family isn`t ready to receive a new baby?

Abortion is forbidden unless it constituted a serious threat against the mother`s life based on the opinion of trustful and God fearing physicians.

What is the ruling on staring at the Holy Ka'abah?

All perfecy praise be to Allah, The Lord of The Worlds and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.

Staring/looking at the Holy Ka'abah is an act of worship even if this took place while performing a prayer, since Al-Baihaqee stated that the Prophet (PBUH) said: " Staring at the Holy Ka'abah is an act of devotion." [Sho'aab Al-Imaan]. And Allah Knows Best.

How long is the` Iddah(waiting period) of a divorced woman?

If a woman is pregnant at the time of divorce, then her 'Iddah (waiting period) expires when she gives birth to the baby. If she is in a state of menstruation, then her `Iddah expires when she finishes three menses. However, if she doesn`t have menses, then her `Iddah expires after three months.

Is it incumbent on a husband to pay the alimony of his wife if she had left him and stayed at her parent`s without his permission?

When a wife leaves her house, and stays at her parent`s without asking her husband, she is considered a Nashiz(wife who refuses to abide by her husband’s orders), and so she doesn`t deserve an alimony.