Articles

The Impact of COVID-19 Pandemic on Family Ties
Author : Dr. Ahmad Al-Harasees
Date Added : 10-01-2023

The Impact of COVID-19 Pandemic on Family Ties

 

 

All perfect praise be to Allah the Lord of the Worlds; may His peace and blessings be upon Prophet Mohammad, his family and noble companions.

Allah The Almighty Says {What means}: "Be sure we shall test you with something of fear and hunger, some loss in goods or lives or the fruits (of your toil), but give glad tidings to those who patiently persevere," {Al-Baqarah/155}.

In light of this global pandemic and the spatiotemporal frame of the social reality in Jordan, two trends can be observed:

First: The positive trend.  Creating opportunity from the very womb of affliction and positive changes in the visible and clear patterns of behavior in society as a whole or in the family. Both sociologists and specialists in social and family relations must consider these changes, work on the change management process, strengthen the positives and build on them.

There are several examples on this; some of which are: abstaining from what is called "Conspicuous consumption", investing in new positive patterns in the family system and building on them in the future; particularly since the pandemic has given a bigger chance for interdependence and solidarity within the family itself. In addition, the family system and solidarity among its members must be worked on in the future. This can be achieved through paying more attention to solidarity and love compared to rights and duties. In this regard, Allah Says  {What means}: " And among His Signs is this, that He created for you mates from among yourselves, that ye may dwell in tranquility with them, and He has put love and mercy between your (hearts): verily in that are Signs for those who reflect." {Ar-rum/21}.

Many aspects of excessive extravagance related to happy as well as sad occasions have changed. This is in addition to terminating extravagance and ostentation, and burdening the family with issues concerning society`s security.

Hence societal effort through the society as a whole, governmental or voluntary, emphasized these positives via media, cultural platforms, and the fatwas-based on divine guidance and Prophetic traditions-issued by the Iftaa` Department in this regard. In fact, several Friday sermons addressing this pandemic were delivered prior to the comprehensive ban. Their theme was the higher objectives of Sharia; namely preserving life and the importance of prevention as it is better than cure. Then a fatwa was issued regarding the permissibility of praying Friday and congregational prayers at home during the time of the pandemic was an act of new Ijtihad.* The latter took the common good into consideration by laying emphasis on preserving life as one of the higher objectives of Sharia. Moreover, many fatwas were issued concerning social distancing, spacing among prayer performers, wearing masks, instructions of attending Friday and congregational prayers, and washing the person who died due to COVID-19. This is in addition to many fatwas and Sharia guidance, which had a significant effect in raising people`s awareness, not questioning the instructions issued about this pandemic within the frames of Ijtihad conducted on the higher objectives of Sharia.

Second: The negative impact of the pandemic. On top of this is the financial status of many families relying on daily income, which led to family problems and divorce cases caused by poverty, destitution, and inability to secure the basic needs of the family.

I refer here to the need to study the poll published by the Center for Strategic Studies of the University of Jordan on "COVID-19 and Domestic Violence." It showed results and indicators that needed careful consideration. However, some results were positive, must be focused on, built on, and encouraged. One of these is society`s rejection to the idea that it is the right of the husband to be violent against his wife. The percentage in favor of this idea was 99%, 85% recognized wife`s household responsibilities, 66% tried to find solutions for their children problems, and 80% was the percentage of parent-child communication, in addition to many other positive aspects.

In conclusion, this pandemic has shown many positive as well as negative aspects in society. It is the duty of the professionals of this field to study further this case, build on the positives within the society change management, and reduce the negative aspects through awareness raising.

We ask Allah The Exalted to protect Jordan and its people, and end this scourge. All perfect praise be to Allah The Lord of The Worlds.

 

 

* Ijtihad is an Islamic legal term referring to independent reasoning by an expert in Islamic law, or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question. It is contrasted with taqlid.

 

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Summarized Fatawaa

What is the ruling of Islamic Law regarding one who slaughters a ewe and it turns out to have been pregnant, and is it permissible to slaughter the ewe if one knows it is pregnant?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person slaughters a ewe and it turns out to have been pregnant, the fetus becomes lawful (ḥalāl) by virtue of its mother's slaughter (tabaʿan li-ummihā).
It is stated in Mughnī al-Muḥtāj (Vol.6/P.158): "A fetus found dead [after the mother's slaughter], or found alive but in a state resembling that of a slaughtered animal [i.e., dying shortly after], becomes lawful — whether or not it had grown fur — provided it is found in the womb of a mother that was lawfully slaughtered, whether her slaughter was by cutting the throat, or by an arrow or hunting dog sent after her. This is based on the ḥadīth: 'The slaughtering of the fetus is [effected by] the slaughtering of its mother' [narrated by al-Tirmidhī, who graded it ḥasan, and by Ibn Ḥibbān, who graded it ṣaḥīḥ] — meaning that the slaughter which rendered the mother lawful renders the fetus lawful as well, by virtue of following her; and because the fetus is one of her constituent parts, and her slaughter renders lawful all of her parts."
This ruling differs, however, from the case of one who knows from the outset that the ewe is pregnant [and intends to sacrifice her specifically as the udḥiyah while pregnant] — in which case, according to the Shāfi'ī school, she does not fulfill the requirement of a valid sacrifice.
It is stated in Ḥāshiyat al-Bujayrimī 'alā al-Khaṭīb (Vol.4/P.335): "A pregnant animal does not fulfill the requirement [of a valid sacrifice], and this is the authoritative position (al-mu'tamad), because pregnancy diminishes the quality of the meat. As for why such an animal is nevertheless counted as complete [i.e., fully valid] in matters of zakāh, that is because the intent there is reproduction (nasl), not the quality of the meat.". And Allah, the Most High, knows best.

What is the ruling on performing the Witr prayer as a single rak`ah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to perform the Witr prayer as a single unit (rak‘ah). It was narrated from Ibn ‘Umar that a man asked the Messenger of Allah ﷺ about the night prayer, and the Messenger of Allah ﷺ replied: 'The night prayer is offered two by two (mathna mathna). If one of you fears the approach of dawn, let him pray a single rak‘ah to make what he has prayed odd-numbered (Witr) for him.' (Related by al-Bukhari & Muslim)). However, limiting the prayer to only one rak‘ah is considered 'contrary to the preferred way' (Khilaf al-Awla).
 
It is stated in Al-Minhaj al-Qawim Sharh al-Muqaddimah al-Hadramiyyah (p. 137): 'The minimum of Witr is one rak‘ah, but limiting it to that is contrary to what is best.'
 
The most complete form of Witr is eleven units, while the minimum level of 'perfection' is three units. It is stated in ‘Umdat al-Salik (p. 60): 'The minimum of Witr is one rak‘ah, and its maximum is eleven, performing the taslim (salutation) after every two units. The lowest level of perfection is three units with two separate taslims (meaning 2+1).' And Allah the Exalted knows best.

Is the marriage, which lacks a valid legal contract, a guardian, and a court registration, valid?

It is incumbent that a valid marriage contract be concluded in the presence of a guardian and two trustful witnesses, and it should be registered in the court to protect the rights of the wife. Actually, a valid marriage contract is what differentiates between sound marriage and fornication.

What is the ruling of Islamic Law regarding one who purchases a sacrificial animal (uḍḥiyah) and it then develops a defect before slaughter?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a defect that invalidates the sacrifice (uḍḥiyah) arises after its purchase — for example, if one purchased a sound, defect-free animal, and it then developed a limp, blindness in one eye, or a similar defect before slaughter — it does not fulfill the requirement of a valid uḍḥiyah, according to the Shāfi'ī school.
It is stated in Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib (Vol.1/P.535): "Even if the limp develops [in the animal] while the knife is upon it, it still does not fulfill the requirement, because it is lame at the moment of slaughter — this is analogous to a case where a sheep's leg breaks and one hastens to slaughter it [in that condition]."
The Ḥanbalī school, however, held that if the one offering the sacrifice purchased the animal while it was sound and defect-free, and a defect then befell it afterward, the sacrifice remains valid and there is no obligation to replace it.
It is stated in Masā'il al-Imām Aḥmad, one of the Ḥanbalī reference works (Vol.8/P.4021): "I said: If a person purchases the sacrificial animal while it is sound, and it is then afflicted with illness, blindness in one eye, or a broken limb [before slaughter]? He [Imam Aḥmad] said: It is said that it still fulfills the requirement. Isḥāq said likewise, because he purchased it while sound, and the defect befell it only afterward, so it remains sufficient on his behalf." [End of quote]
Accordingly, a sheep afflicted with a defect that invalidates the sacrifice does not fulfill the requirement of a valid uḍḥiyah — whether the defect arose after purchase or during the slaughter itself — according to the Shāfi'ī school. However, there is no objection to following the Ḥanbalī position on this matter [as a valid alternative]. And Allah, the Most High, knows best.