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Statement on the Divorce Campaign
Author : The General Iftaa` Department
Date Added : 04-06-2023

Statement on the Divorce Campaign

 

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

 

Marriage is a blessing bestowed by Allah on His servants and it is the practice of the Prophets and the righteous. This blessing deserves thankfulness and gratitude; not denial and ingratitude since marriage is the first component for a good family and the fundamental building of the fabric of society.

Hence, the General Iftaa` Department alerts to what is rumored regarding the divorce campaign and stresses that it is merely a disregard and mockery of the family and the woman, and this goes against that higher purposes (Maqasid) of Islamic Law, which came to maintain and protect the family from getting tampered with.

The aforesaid campaign doesn`t have a civilizational purpose that lies in the best interest of the people; rather, it aims to tamper with the tight bond of marriage and distract people from significant issues embodied in building, development, knowledge and work.

Allah the Almighty says {what means}: "Do not treat God’s Signs as a jest, but solemnly rehearse God’s favours on you, and the fact that He sent down to you the Book and Wisdom, for your instruction. And fear God, and know that God is well acquainted with all things." {al-Baqarah, 231}. He the Almighty also says {What means}: "These are the limits ordained by God; so do not transgress them if any do transgress the limits ordained by God, such persons wrong (Themselves as well as others)." {al-Baqarah, 229}. And Allah the Almighty knows best.

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Summarized Fatawaa

Is it permissible for a father to divide his property amongst his children except one under the pretext that he has paid for the latter`s tuition? This is knowing that his other children were given the opportunity to pursue their education but didn`t because they were educationally poor. Moreover, is he allowed to give his other children who have helped him with growing his business?

All perfect praise be to Allah the Lord of the Worlds. May Allah`s peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
The father should be just between his children as regards gifts, in case they had similar circumstances. However, if any had a special merit, then it is permissible for the father to take that into account to be just. For example, giving his children who have helped in making his fortune and received no reward for that or giving the little ones because they haven`t taken as much as the older ones or giving the sick child who is unable to make a living. The most important thing is achieving justice. Moreover, the father is not interdicted by any of his children, and he is free to do whatever he wants with his money and Allah will call him to account as regards observing justice between his children. And Allah The Almighty Knows Best.

Are phone conversations between the two sexes permissible if for consultation, and within the limits of good manners?

Such act is impermissible since it renders hearts corrupt, and could lead to forbidden attachment. Allah, The Almighty, Says (What means): "and follow not the footsteps of the devil." [Al-Baqarah/68].

 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. 

My father passed away before my grandfather. Am I entitled to any share of my grandfather`s inheritance?

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.
According to Islamic courts, you are entitled to what is called obligatory bequest (The distribution of estate to grandchildren who has either lost a parent before the death of the grandparents). Therefore, if your grandfather left such bequest for you, then take that share or else it is more prudent to take nothing. And Allah The Almighty Knows Best. 

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