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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

What is meant by "Recalcitrance of the woman toward her husband doesn`t render her divorced"?

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 means that her being recalcitrant (Nashiz) doesn`t make her divorced. Rather, she has to be divorced by husband or Sharia judge to be considered divorced. And Allah The Almighty Knows Best.

 By slip of the tongue, my son cursed Allah. It is worth pointing that he has concluded his marriage contract recently, but haven`t consummated the marriage. What is the position of Sharia on this? 

All perfect praise be to AllahThe Lord of The Worlds and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions. 
This person must return to the fold of Islam by uttering the two testimonies of faith and making repentance to Allah from all acts that lead to disbelief. Also, he must make a new marriage contract because the old one was dissolved after he had committed this act of disbelief. Moreover, since there is no waiting period for his wife, then she is in state of Talaq ba`en baynona Soghra (Minor irrevocable divorce); consequently, she can get back to him only by a new marriage contract. And Allah The Almighty Knows Best. 

How should a woman make up prayers that she missed two days from delivery?

All perfect praise be to Allah,The Lord of The Worlds                                                                                                                                                                        It is prohibited to delay prayer beyond its prescribed fixed time, therefore, the woman in question is obliged to make up missed prayers after delivery and confinement i.e. once she becomes ritually pure. And Allah Knows Best.

Is it permissible to offer Tahajjud prayer after Witr prayer?

It is permissible to offer voluntary prayer after Witr (An odd number prayer performed between Isha and Fajr) prayer. However, it is desirable that the night prayer be ended with Witr. Therefore, it is desirable for one, who thought that he was most probably going to wake up at night in order to offer Tahajjud, to offer Witr after it, but one, who fears that he might not wake up, should offer Witr before going to bed.

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