عربي
Home


Articles

Articles

Answer from the General Iftaa` Department on what was Published in "Al-Ra'y" Newspaper.
Author : The General Iftaa` Department
Date Added : 06-07-2023

Answer from the General Iftaa` Department on what was Published in "Al-Ra'y" Newspaper

 

 

We have read what was written in "Al-Ra'y" newspaper (Issue No. (14044), Tuesday, March 24, 2009) under the "Al-Ra'y Platform" section entitled (The story of a Jordanian family raises deep questions in religion and society / Medical examination made him doubt her pregnancy, so he divorced her, and the due date of childbirth cleared her. Would she return to him?).

 

We would like to emphasize that divorce cases aren`t answered over the phone.

 

Indeed, this is true due to the extremely sensitive nature of this matter and because some people, if they heard the answer on the phone, try to change the question to get the answer that suits them.

This emanates from insufficient knowledge of the meaning of the Sharia ruling, which is the ruling of Allah before Whom we will be held to account. Consequently, there is no use in having hidden some facts from the Mufti or the Judge. Once Allah's Messenger (PBUH) said, "You people present your cases to me and some of you may be more eloquent and persuasive in presenting their argument. So, if I give some one's right to another (wrongly) because of the latter's (tricky) presentation of the case, I am really giving him a piece of fire; so he should not take it." {Bukhari & Muslim}.

 

It is the duty of the Iftaa` Department to give the ruling of Sharia; however, the responsibility of implementation is that of the person concerned.

In the matter under discussion:

 

• How dare a man divorce his wife repeatedly although recently married? What happened to patience, good character, and trusting wife?!

 

• How could four doctors make a mistake in a matter that lies within their field of specialty and the fact that medical devices, nowadays, are very advanced?!

 

• What could the Mufti do after the husband admits having divorced wife on three separate occasions and this is proven in the Sharia court? Just as the wife was made lawful to her husband by uttering one word, she is made forbidden to him by uttering one word as well, which is the utterance of divorce. Out of His mercy, Allah made the wife unlawful to her husband after three divorces (Talaq Bain baynuna Kubra/Final divorce). Allah the Almighty says {What means}: "A divorce is only permissible twice: after that, the parties should either hold Together on equitable terms, or separate with kindness. It is not lawful for you, (Men), to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by God. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by God, there is no blame on either of them if she give something for her freedom. 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). So if a husband divorces his wife (irrevocably), He cannot, after that, re- marry her until after she has married another husband and He has divorced her. In that case there is no blame on either of them if they re-unite, provided they feel that they can keep the limits ordained by God. Such are the limits ordained by God, which He makes plain to those who understand." (Al-Baqarah, 229-230)

 

The marriage mentioned in the above verse is what the jurists call marriage of desire. I.e. the intention is living permanently with the wife, and not the engaging in a poor performance that the virtuous person would feel ashamed to mention. The Prophet (PBUH) said about it: "May Allah curse the one who makes permissible and the one who makes permissible for him." {Transmitted by Abu Dawood}. In addition, the Prophet (PBUH) called such person as "The borrowed "buck" goat". The Department wouldn`t deliver such Fatwa nor would any of the scholars who have respect for their knowledge. Moreover, with due respect, media should seek the truth and the ruling of Sharia since sympathizing with whoever divorces his wife in this way is inappropriate.

 

We do not like divorce because, as the Prophet (PBUH) said, it is the most hated of lawful things to Allah. However, worse than that is that a man lives with a woman who is not lawful to him, or that a woman lives with a man who is not lawful to her. The person addressed here is not the first to divorce and regret, but we confirm that no one had divorced without regretting that afterwards.

In the past, they used to say:

 

Do you cry over Layla while you left her*****Layla is gone, so what are you going to do about it!

In conclusion, do not blame the Mufti, but blame those who do not estimate matters correctly.

 

 

 

Article Number [ Previous | Next ]

Read for Author




Comments


Captcha


Warning: this window is not dedicated to receive religious questions, but to comment on topics published for the benefit of the site administrators—and not for publication. We are pleased to receive religious questions in the section "Send Your Question". So we apologize to readers for not answering any questions through this window of "Comments" for the sake of work organization. Thank you.




Summarized Fatawaa

I married a man and had two children; however, we got separated four years ago. In addition, my husband`s brother, paternal uncle of my children, has been providing for them ever since. In fact, he is an honest, well-behaved man. Is it permissible that we get married although his brother (My ex-husband) is still alive?

All perfect praise be to Allah the Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
It is temporarily prohibited for a woman to marry her stepbrother. Therefore, once she receives Talaq Ba`in (Irrevocable divorce), she is allowed to marry her stepbrother, even if his brother (First husband) is still alive. And Allah the Almighty knows best.

Is a person who is in a state of Janabah( major ritual impurity due to having a marital intercourse, ejaculation, menstruation, and post-delivery impurities) sinful if he/she goes about his/her daily life activities in that state i.e. without making Ghusl( ritual bath ) ?

It goes without saying that a Muslim should always be in a state of ritual purity so as to be able to perform prayers and recite Quran. It is from Sunnah(Prophetic tradition) that a Muslim hastens to make Ghusl from Janabah, but he/she is not sinful in case he/she delayed that provided that he/she doesn`t miss prayers. However, it is permissible for him/her to go about their daily activities while in a state of Janabah, but had better bathe in order not to miss any prayer.

I wish I could pray in the mosque, but I know that it is better for a woman to pray at home. I know that the reward for going to the mosque is great, but is this reward restricted to men? I feel jealous of them for that. What should I do ? Is there a way for me to be favored with such reward?

 

All perfect praise be to Allah The Lord of The Worlds, and may His peace and blessings be upon our Prophet Muhammad and upon all of his family and companions.

Abdullah Ibin Masood reported that the Prophet (PBUH) said: "Her prayer inside her home is better than its courtyard, and her prayer in her own bedroom is better than inside her home." [Abu Dawood]. Her staying at home, and not going to the mosque in obedience to Allah`s injunctions entails a great reward similar to that bestowed on a man for going to the mosque since the bounty of Allah is for all. And Allah Knows Best.

What is the ruling on someone who vowed to fast for two consecutive months, but failed to do so?

He is obliged to fulfill his vow by fasting for two consecutive months, but if he fails to do so then, it remains a debt on him until he either fulfills his vow, or dies. In case of his death, his guardian is supposed to fast on his behalf, or donate food from his estate in return for fasting, but if the guardian fails to do so then, it is all in the Hands of Allah.

See More