Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Date Added : 02-11-2015

 

Resolution No.(69): “Ruling of Sharia on the Definition of Reproductive Health“

Date: 5/8/1424 AH corresponding to 1/10/2003 AD.

 

The Board has received the following question:

What is the opinion of the Iftaa` Board as regards the following definition of reproductive health?

Reproductive health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity, in all matters relating to the reproductive system and to its functions and processes. Reproductive health therefore implies that people are able to have a satisfying and safe sex life and that they have the capability to reproduce and the freedom to decide if, when and how often to do so. Implicit in this last condition are the right of men and women to be informed and to have access to safe, effective, affordable and acceptable methods of family planning of their choice, as well as other methods of their choice for regulation of fertility which are not against the law, and the right of access to appropriate health-care services that will enable women to go safely through pregnancy and childbirth and provide couples with the best chance of having a healthy infant. {The International Conference on Population Development}.

Answer: All success is due to Allah.

After reviewing the above definition, the Board made the following remarks:

1- The statement: “Reproductive health therefore implies that people are able to have a satisfying and safe sex life and that they have the capability to reproduce and the freedom to decide if, when and how often to do so” contradicts with the rules of Islamic Sharia, so it must read  as follows: “Reproductive health therefore implies that both spouses are able to have a satisfying and safe sex life and that they have the capability to reproduce and the freedom to decide if, when and how often to do so, in line with the rules of Islamic Sharia.“

2- The above definition includes legal and illegal relationships between men and women, and this violates the principles of Islam, which only permits relationships through legal and valid marriage since Allah, the Almighty Says in this regard {what means}: “It is He Who has created man from water: then has He established relationships of lineage and marriage: for thy Lord has power (over all things).” {Al-Furqan/54}. Scholars stated about the interpretation of this verse: {Lineage is the mixing of water (sperm) between a male and a female legally; otherwise, it becomes neither a lineage nor a marriage.} Allah Says {what means}: “And among His Signs is this, that He created for you mates from among yourselves, that ye may dwell in tranquillity with them, and He has put love and mercy between your (hearts): verily in that are Signs for those who reflect.” {Ar-Rum/21}.

3- The statement: “Which are not against the law “isn`t in line with the rules of Islamic Sharia, so it must read as follows: “Which aren`t against the rules of Islamic Sharia.” This is because it is an obligation on every Muslim man and woman to abide by the rules of Sharia, and not to commit any act that violates them, for Allah Says {what means}: “But no, by the Lord, they can have no (real) Faith, until they make thee judge in all disputes between them, and find in their souls no resistance against Thy decisions, but accept them with the fullest conviction.” {An-Nisa`/65}. And Allah Knows Best.

 

Iftaa` Board

Chairman of the Iftaa` Board, Chief Justice, Izz Al-Deen Al-Tamimi

                Dr. Mohammad Abu Yahia               

    Dr. Yousef Gheezaan

Dr. Wasif Al-Bakhri

   Sheikh Saeid Hijjawi

        Sheikh Na`eim Mujahid

                 Sheikh Mahmoud Shwayyaat

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Summarized Fatawaa

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

My headcloth is causing me a terrible headache and severe shortsightedness. Is it permissible for me to take it off?

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.
If the headcloth Khimar is harmful, it is sufficient to wear the Niqab (face-veil). However, with the passage of time you will get used to the Khimar and these symptoms will go away. And Allah The Almighty Knows Best.

My husband told me that he concluded our marriage with a fake name that belongs to another person, because he was sentenced. Nowadays, he recieved an ID, passport and birth certificate with the his current name. What is the ruling on being married to him?

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.  As regards being married to the person mentioned in your question: The marriage is valid so long as he was the same person your guardian concluded the marriage with, even if he changed his name i.e. if your marriage contract was concluded with the same person, since what counts regarding marriage is the persons not names. And Allah Knows Best.

 

Is it permissible for someone who has forgotten to mention the supplication pertaining to answering the call of nature to say it while in the toilet?

It is disliked for a Muslim to mention Allah while in the toilet, but he/she may recall the supplication in his/her head without uttering it; that is in case he/she had forgotten mentioning it before entering the toilet.