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The Iftaa` Department Refrains from Interfering in the Judiciary
Author : The General Iftaa` Department
Date Added : 23-03-2023

The Iftaa` Department Refrains from Interfering in the Judiciary

 

 

Some media reported that the General Iftaa` Department refrained from issuing a Fatwa on the inadmissibility of the testimony of the woman who doesn`t wear Hijab.

 

In response to this claim, the Department wishes to make clear that the requested Fatwa is related to a case pending before the court. Therefore, it refrained from issuing that Fatwa to ensure the impartiality and independence of the judiciary system, the integrity of its provisions and non-interference in its affairs, as provided for in the legislations in force. This is to achieve justice and preserve the rights of the litigants.

 

The Department asserts that non-interference in cases pending before the court is its adopted approach since its establishment to safeguard the integrity of litigation from any external influences.

 

Only Allah leads to prosperity and guides to the straight path•

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Summarized Fatawaa

I have concluded my marriage contract at a Sharia court; however, one day I was talking to my fiancée over the phone and she got on my nerves leading me to utter one divorce. This is knowing that I can`t tell my her father because he is very strict and will not accept that at all. What is the best course of action that I should pursue in this situation?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
When divorce takes place before the consummation of marriage it is called Ba`in divorce* (Minor irrevocable divoce), so your wife is considered unlawful to you until you conduct a new marriage contract and pay Mahr* , and you should visit the Iftaa` Department in order to know the correct Fatwa. And Allah The Almighty Knows Best.

* Minor irrevocable divorce Talaq Al-Ba'in Binona Soghra: It is a divorce where the husband cannot take his ex-wife back unless with her consent, conducting a new marriage contract and paying new bridal wealth Mahr.

* 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. 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.

I prayed all the obligatory prayers in congregation, but after finishing the `Isha prayer, I remembered that I had forgotten to pray Dhuhr. What should I do, and is my prayer invalid?

Your prayers are valid, but you must make up the Dhuhr prayer as soon as you remember it, based on the saying of the Prophet (peace be upon him): "Whoever forgets a prayer must pray it as soon as they remember it; there is no expiation for it except this." [Muslim]. And Allah knows best

Is it permissible for us to sever ties of kinship if our blood-relatives` gatherings/meetings involve acts of sin?

Observing kinship ties is obligatory, and paying your blood-relatives a visit causing their sinful acts to be hindered , then you should do so. However, if their sinful acts continue while you are at their gathering and they didn't respond positively, then observing kinship ties via telephone and the like will suffice in this case. And Allah Knows 

Is it permissible for me to name my first son “Kassim” ?

The Prophet (PBUH) prohibited combining his name and his nickname, but using one of them is desirable.

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