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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

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.

What is the ruling of Sharia on unregistered marriage in Jordan?

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.
Aishah narrated that the Messenger of Allah said: "Whichever woman married without the permission of her Wali her marriage is invalid, her marriage is invalid, her marriage is invalid. If he entered into her, then the Mahr is for her in lieu of what he enjoyed from her private part. If they disagree, then the Sultan is the Wali for one who has no Wali." [At-Tirmithi, Hadith No.1102]. The Prophet (PBUH) also said: "There is no marriage without a guardian and two honorable witnesses." Related in [Al-Mo`jam Al-Basit for At-Tabarani, pp.6366]. Registration of the marriage contract at Islamic court is necessary for the preservation of rights and failing to do so is punishable by Jordanian Law. And Allah The Almighty Knows Best

I work for a company whose manager refuses to allow employees to leave during work hours. Do I incur sin if I secretly went out to join the congregation at the Masjid? Is doing so considered a breach of trust?

Praise be to the Lord of the Worlds.

We recommend that you pray at work to encourage your colleagues to follow suit, because whoever guides to good has the like of the reward of the person who actually does it. And Allah The Almighty Knows Best.

Is it permissible for a wife`s family to demand her husband to divorce her although she doesn`t want that?

It is forbidden for them to do that in case their daughter doesn`t want divorce unless there was a sin that continues as long as the marriage survives.

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