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Resolutions of Iftaa' Board

Resolution No.(132): “Articles (15) and (16) of CEDAW Convention"

Date Added : 27-10-2015

 

Resolution No.(132),(10/2009) by the Board of Iftaa`, Research and Islamic Studies:

“Articles (15) and (16) of CEDAW Convention"

Date: 1/8/1430 AH, corresponding to 23/7/2009 AD.

 

 

 

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

During its session held on the above given date, the Board reviewed articles (15) and (16) from the “CEDAW CONVENTION” which calls for absolute equality between men and women.

The Board has dwelled on the following verse: “And in no wise covet those things in which God Hath bestowed His gifts More freely on some of you than on others: To men is allotted what they earn, and to women what they earn: But ask God of His bounty. For God hath full knowledge of all things.” {An-Nisa`/32}. The Board would like to clarify that the legal is what Allah has made legal and the illegal is what Allah has made illegal. Allah has created both the male and the female, and He is aware of His creation. His law has equalized between men and women in aspects where they are equal such as belief, the right to education, ownership, choosing a spouse, and the like, within the boundaries of Sharia.

He has favored woman over  man in aspects where she had surpassed him, such as the right to child custody in case of separation, because her Fitrah (natural disposition) enables her to raise children. He has also favored her with the right to receive kind treatment from her children.

On the other hand, He has favored man over woman in aspects where he had surpassed her, such as the ability to make a living; therefore, man is obliged to provide for his family. Allah Has also Favored him with the ability to fight, and this is why he is obliged to bear arms to defend his homeland when necessary.

Therefore, whatever violates the rules of Sharia from the “CEDAW CONVENTION” is forbidden and impermissible to put into effect, such as a wife`s freedom in movement and residence, because this undermines the intention behind the concept of the family which Sharia came to protect. Also,  a Muslim woman marrying a non-Muslim man constitutes another violation to the rules of Sharia.

The Board stresses its appreciation to the Supreme Judge`s Department`s stand in rejecting whatever violates the provisions of Sharia from the CEDAW CONVENTION as well as its concern about the family and its related affairs.

The Board hopes that the Jordanian Parliament rejects such legislations which represent a clear violation to Islamic Sharia.

Moreover, it is imperative that every Muslim rejects matters that contradict Allah`s Law. Allah, The Almighty, Says (what means): “the command is for none but God: He hath commanded that ye worship none but Him: that is the right religion, but most men understand not...” {Yousef/40}. And Allah The Almighty Knows Best.

 

 

 

Chairman of the Iftaa` Board, Grand Mufti of Jordan,Dr. Nooh al-Qhodat

Vice Chairman of the Iftaa` Board, 

Dr. Ahmad Hilayel

Sheikh Abdulkareem al-Khasawneh/ Member

Sheikh Sa`eid Hijjawi/ Member

Dr. Mohammad Khair al-Eesa/ Member

Judge Sari al-Ass`ad/ Member

Dr. Abdurahamn Ibbdah/ Member

Dr. Mohammad Okla/ Member

Dr. Abdunnasir Abulbasal/ Member

Executive Secretary of the Board/ Dr. Mohammad Al-Khalayleh

 

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Summarized Fatawaa

What is the ruling of Islamic Law on supplicating with other than the transmitted (Ma'thur) supplications in prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is permissible to supplicate (make du'a) during the prayer for anything from the affairs of religion or worldly life, and the prayer is not invalidated by doing so.
Shaykh al-Islam, the Imam an-Nawawi, may Allah have mercy on him, says: "Our madhhab [i.e., the Shafi'i madhhab] holds that it is permissible for a person to supplicate during it [the prayer] with anything that is permissible to supplicate with outside the prayer, from the affairs of religion or worldly life. He may say: 'O Allah, grant me wholesome sustenance, offspring, a house, and a beautiful young wife' — describing her; or: 'O Allah, free so-and-so from prison,' or 'destroy so-and-so,' and other such things — and none of this invalidates his prayer according to us. And this is also the view of Malik, ath-Thawri, Abu Thawr, and Ishaq." [Al-Majmu', Vol.3/P.454]. And Allah, the Exalted, knows best.

What is the ruling on the ablution of one who touches his wife without a barrier?

In the Shafi'i school, a man's ablution is invalidated by touching his wife if their skins meet (in any place) without a barrier, whether the touch is intentional or accidental. An exception to this is touching hair, teeth, or nails; these do not invalidate ablution. And Allah the Almighty knows best.

What is the ruling on praying alone (munfaridan) in a row, and what should I do if I enter the mosque together with another person, and there is only a single gap in the first row with no second row present — should I fill that gap in the first row, or should I stand together with him in a new second row?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If a person enters [the congregation] and finds no space available in the row, it is recommended for him — after making his opening takbīr for the prayer — to gently pull someone from the row in front of him to pray alongside him, provided he senses that this person would be agreeable to it. If that person does not agree, then he prays alone, and there is no dislike attached to his doing so in that case.
If he ends up praying alone [behind the row], it is sunnah for him to stand directly behind the imam. Then, if someone else arrives, that person stands to his right; and whoever comes after them stands to his left — and so on — such that the imam remains centered in the middle of the row. This is done so that everyone attains the reward of congregational prayer.
As for the case where two people enter the prayer together, and there is a gap in the row wide enough for only one person, then the two of them should pray together in a new row [of their own], and whoever arrives after them should fill that original gap. This is because if only one of the two fills the gap, the other would end up praying alone [which is to be avoided when it can easily be prevented].
Al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said in Mughnī al-Muḥtāj (Vol.1/P.494): "If he does not find space, then it is recommended for him, while still standing, to gently pull a single person from the row toward himself after making his opening takbīr — out of caution, so as to avoid the position held by some scholars that a person's prayer standing alone behind the row is not valid.
Az-Zarkashī and others said: this should only be done if it seems he would agree to it; otherwise, he should not pull anyone — indeed, doing so becomes impermissible, out of fear of causing discord (fitnah). It is recommended for the person being pulled to cooperate and agree, so that he may attain the reward of assisting in righteousness and piety (al-birr wat-taqwā). However, he should not pull one of two people [praying together] from the row, since this would cause one of them to end up praying alone. This is why the 'pulling' described here takes place only after the opening takbīr [i.e., once the person doing the pulling has already validly begun his own prayer]."
Accordingly: it is sunnah for you to pray alongside the person praying alone, and then, if someone else arrives afterward, you may go and fill the gap in the original row. And Allah, the Exalted, knows best.

What is the ruling on a woman who learns of her divorce or her husband's death after her *ʿiddah* has ended? And does the *ʿiddah* of a woman who abandoned mourning (*iḥdād*) for the whole period of the *ʿiddah*, or part of it, still end, even though she knew that abandoning it is forbidden?**

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The waiting period of a widow who is not pregnant is four months and ten days, based on the saying of Allah Almighty (which means): “And those of you who die and leave wives behind, they shall wait concerning themselves for four months and ten days” [al-Baqarah/234]. If she is pregnant, her ʿiddah ends with the delivery of her child. The ʿiddah is calculated by lunar months and begins from the date of death.
If her ʿiddah ends before she learns of her husband’s death, or of his divorcing her, she does not observe the ʿiddah upon learning of it, because her ʿiddah has already ended.
It is stated in al-Bayān fī Madhhab al-Imām al-Shāfiʿī (Vol.11/p.41), one of the books of the Shāfiʿī school: “If a man divorces his wife, or dies while he is absent from her, her ʿiddah is from the time of the divorce or from the time of death. If she does not know of the divorce or the death until her ʿiddah period has ended, then her ʿiddah has ended. If she learns of it before the end of the ʿiddah period, she completes her ʿiddah counting from the time of the divorce or death.”
As for a woman who abandoned mourning throughout the ʿiddah while knowing that it is forbidden, she is sinful, although her ʿiddah has nonetheless ended. And Allah Almighty knows best.

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