Articles

The Pandemic Absolves a Person from Friday's Congregational Prayer
Author : The General Iftaa` Department
Date Added : 15-03-2021

 

In the Name of God Almighty and All perfect praise be to Him, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Muhammad and upon all of his family and companions.

The General Iftaa Dept. assures what been mentioned in earlier articles and Fatwas that preserving the human soul of what might be lead to causing harm to it is one of the most important objectives of Sharia; thus, Allah, The Exalted forbade doing any act which might inflict damage upon person's life and enjoined to preserve it in all legal methods, as He said (What means): "Spend your wealth for the cause of Allah, and be not cast by your own hands to ruin; and do good. Lo! Allah loveth the beneficent." [Al-Baqarah/195] in addition, He Said (What means): "and kill not one another. Lo! Allah is ever Merciful unto you." [An-Nisa'/29].

 

Nowadays, our country suffers from the great spread of this pandemic by which many people were passed away while others have been hospitalized for a long period due to their pains, sufferings as well as losses. Therefore, our religious and faithful obligations entail us to abide by all health instructions and guidelines as well the organizational orders issued by parties in charge, in addition to maintain all necessary means to stop the spread and transmission of this disease in order to preserve the strength and stability of the society.

 

In principle, Islamic Sharia arrived to ease people's daily matters and considered this one of its principles, because the objective of the devotions' acts is to manage peoples' affairs and cast away any harm whether in this life or in the hereafter, as Allah, The Exalted Said (What means): "God intends every facility for you; He does not want to put to difficulties." [Al-Baqarah/185].

Besides Muslim jurists are of the view that rain and mud are among the concessions by which a person is excused from offering Friday’s obligatory prayer based on the following narration in (Sahih Moslim): Abdullah Ibn ‘Abbas (May Allah Be Pleased with them) reported that he said to the Mu’adhdhin on a rainy day: When you have announced” I testify that there is no god but Allah; I testify that Muhammad is the Messenger of Allah,” do not say: ”Come to the prayer,” but make this announcement:” Say prayer in your houses.” He (the narrator) said that the people disapproved of it. Ibn ‘Abbas said: Are you astonished at it? He (the Holy Prophet), who is better than I, did it. Jumu’a prayer is no doubt obligatory, but I do not like that I should (force you) to come out and walk in mud and slippery ground. Al-Imam Al-Shafiee stated: ”The aforementioned narration is an among the concessions that permits a person not to offer obligatory prayer due to rain and the like. “

 

These days, the medical parties recommend to avoid gatherings such as the ones intended to  perform Friday’s obligatory prayer, since abiding by it serves a noble goal and righteous intention which are: preserving people’s life where by them the religion is preserved, and by keeping them safe, religious rituals might be established on the basis of Sharia maxims by which the hardship is removed and ease is adopted; thus, the avoidance of performing Friday’s congregational prayer becomes a valid excuse in this case. In addition to the fact that our legal obligation entails us to abide by this objective as we suffer for the time being from the spread of this pandemic among people. 

 

In this regard, we call upon everyone to perform the Duhr prayer at their homes and to abide by precautionary procedures in order to stop the spread and transmission of infection to others, since the Prophet (PBUH) said: ”There is no injury nor return of injury. " [Ibn Majah]. Besides, abiding by these procedures is considered a revival of a human soul whereas preserving it from injury is an obligation. For instance, bringing personal praying-mat while performing congregational prayer in the Mosque, the recitation from a personal copy of the Holy-Quran, making ablution in home, keeping physical distancing and the avoidance of shaking hands, since by adhering to the previous procedures, the prevention of this pandemic takes place among praying people as well as their lives and health is to be preserved.

 

Finally, we pray to Allah, The Exalted to keep our country and all Muslim countries safe and sound and to protect us from sicknesses and diseases as He is Powerful to do so and the conclusion of our prayer will be Praise be to Allah, Lord of the Worlds!

 

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Summarized Fatawaa

What is the ruling on having slight discharges of menstrual blood during a day of Ramadhaan, and before Maghrib time ?

A woman who is certain that her menses have started during a day time of Ramadhaan is in a state of menstruation, and her fasting is considered broken at first sight of blood. However, she is rewarded for not breaking fast at the beginning of day time.

Who has the right to child custody when final divorce takes place?

The wife has the right to child custody until her children reach the age of puberty. However, if she gets married, the right of custody becomes that of her mother`s.

I`m married to an American citizen who used to be married to a man in Mexico and filed for divorce there. It is worth pointing that in America she isn`t registered as married. When she arrived in Jordan, her lawyer called and told her that she got the divorce, and based on this we got married in Jordan. What is the ruling of Sharia on this?

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.
 
You haven`t mentioned whether this woman has converted to Islam or not. If she had embraced Islam and three menstrual cycles passed, but her first husband hasn`t converted to Islam, then her relationship with him is over. If you married her after this (Passing of three menstrual cycles and first husband not having embraced Islam) then your marriage is valid. However, if she didn`t convert to Islam then your marriage contract with her is invalid and you have to wait until she gets divorced by her first husband and observes Iddah, which is three menstrual cycles. Afterwards, you can conclude the marriage contract. We pray that Allah doesn`t hold you to account for what you have done because you thought she was divorced. We recommend that you seek Allah`s forgiveness as much as you can and do righteous deeds. We also advise you to marry a Muslim woman to preserve your and your children`s religion since Almighty Allah Says (What means): "Wed not idolatresses till they believe…" [Al-Baqarah/ 221]. It is true that marrying a Kitabi (One who believes in a book of sacred scriptures and with whom a Muslim may marry in what is deemed a lawful marriage) is permissible, it involves great risks, as stated in the aforementioned verse. And Allah The Almighty Knows Best.
 

Is it permissible for a woman who is in her `Iddah (waiting period) due to the death of her husband to go out and mix with non-Mahrams(Marriageable men)?

A woman in such a situation is only allowed to leave her house for a sound reason such as visiting the doctor, and she is only allowed to mix with her Mahrams(Non-Marriageable kin) since it is permissible for a woman, whether in her `Iddah, or not, to mix with her husband and Mahrams. However, she is allowed to accept condolences, and answer inquiries about her situation after such a calamity.