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

Is it acceptable to perform the Aqiqah for a male child by slaughtering and distributing the first sheep, and bringing the second one cooked from the restaurant?

 

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.

It is permissible to slaughter the first sheep with the intention of Aqiqah (the newborn's sacrificial offering) and distribute it entirely [uncooked], and to slaughter the second sheep and have it cooked at a restaurant to bring home for the household. However, it must be noted that it is obligatory to give some portion of the Aqiqah in charity to the poor, even if it is a small amount, though it is preferable to send the food cooked to them.

Buying a pre-cooked, ready-made sheep from a restaurant does not suffice as an Aqiqah. However, if an agreement is made with the restaurant to explicitly slaughter a sheep with the intention of Aqiqah for the newborn, and then cook it afterward, this is permissible.

In conclusion, slaughtering the sheep and distributing it with the intention of Aqiqah is permissible, and through it, the foundational prophetic tradition (Sunnah) is fulfilled. As for simply buying a cooked sheep from a restaurant that was not specifically slaughtered with the intention of Aqiqah, it will not count as such. Conversely, if the restaurant owner is commissioned (Wakala) to handle both the slaughtering and the cooking as an Aqiqah, it is valid. And Allah the Almighty knows best.

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

What is the ruling on selling sacrificial animals (udhiyah) described with specific attributes and authorizing an agent to slaughter them?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Selling sacrificial animals (udhiyah) that are described with specific attributes is permissible. This falls under the category of a salam sale (forward sale) if conducted using the terminology of salam, and under the category of a regular sale if not using the terminology of salam.
 
As for authorizing the seller to slaughter the sacrificial animal, the basic principle is that it is permissible, because the agent (wakil) stands in the place of the principal (muwakkil) in achieving his objective. This is a contract that the principal (the buyer) is entitled to perform himself, so authorizing another (the seller) to do so on his behalf is valid.
 
However, it is a condition for authorization to slaughter that the intention (niyyah) is present either at the time of slaughter or at the time of handing over the sacrificial animal to the agent. The basic principle is that the sacrificial animal must be specifically designated, as it is an act of worship. It is not required to designate it at the time of slaughter; rather, it is valid to do so before that.
 
It is permissible for the principal either to delegate the intention to the agent or to formulate it himself when authorizing the agent to slaughter. However, the sacrificial animal must be designated, even if at the time of slaughter, by the agent.
 
It is obligatory to designate the sacrificial animals so that each person offering a sacrifice receives his own specific animal. Therefore, charitable organizations and companies must take this into consideration and establish a specific mechanism that ensures no mixing of sacrificial animals occurs, so that each person offering a sacrifice receives his own designated animal. And Allah Almighty knows best.

Does having a wet dream during the day in Ramadan break the fast?

Having a wet dream during the day in Ramadan does not invalidate the fast. However, one must perform ghusl (ritual purification) to ensure they do not miss their prayers.