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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Date Added : 28-10-2015

Resolution No.(29): “Ruling of Sharia on the UN General Assembly`s Convention on Consent to Marriage“

Date: 7/9/1412 AH corresponding to 11/3/1993 AD.

 

The Board has received the following question:

What is the ruling of Islamic Sharia on the UN General Assembly`s Convention on Consent to Marriage?

Answer: All success is due to Allah, The Almighty.

The Board is of the view that the convention relies in its preamble on that which violates the provisions of Islamic Sharia as well as the consensus of Muslim scholars for it states that: “Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and found a family.“

 

Still, it is axiomatic that Islamic Sharia forbids the marriage of a Muslim woman from a non-Muslim, and considers such marriage invalid.

In addition, the above provision is in violation of the provisions of the Jordanian Constitution, particularly articles (2,103,105), which stipulate implementing the rules of Islamic Sharia as regards personal status issues such as marriage and the rulings pertaining to it.

The UN General Assembly`s provision also violates the effective Jordanian Civil Status law, particularly article (33).

As a result, the Board unanimously agrees on disapproving this convention, and doesn`t recommend entering into it or approving of it since the H.K.J is distinguished with its wise Hashemite leadership. And Allah Knows Best.

 

Chairperson of the Iftaa` Board, Chief Justice Dr.Nooh Al-Qodaat

Acting Mufti General, Sheikh Saeid Hijjawi

     Dr. Umar Al-Ashkharr

Dr. Abdassalam Al-Abbadi

Dr. Ahmad Hilayel

        Mohammad Mohailaan

     Sheikh Ratib Az-zahir

              Dr. Yaseen Daradkeh         

 

 

 

 

 

 

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Summarized Fatawaa

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.

 

When the soul leaves the body, does it hear and see? And where does the soul go?

The important thing is that the soul departs while its owner is a believing, repentant Muslim, as this is a good ending. As for the details, they are lengthy. The grave is either a garden from the gardens of Paradise or a pit from the pits of Hellfire. And Allah The Almighty Knows Best.

What is the ruling on using bank cards such as Visa and MasterCard?

All perfect praise be to Allah, The Lord of The Worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upo all of his family and comapnions                                                                                                                                                                                                                                        It is permissible to use such cards in accordance with the following conditions: 1- The issuing body does not stipulate collecting interest upon late payments. 2- The merchant does not increase the price of the goods due to an increase in the commission collected from him by the card issuer. 3- The purchased item(s) should not be gold, silver or currency in case the card is not covered. And Allah Knows Best.

Does Husband fasting while being impure for having sexual intercourse with his wife at night permissible?

Yes it is permissible for you to fast because impurity isn't among valid fasting conditions, but you are obliged to perform ritual impurity in order to catch up Fajr prayer at its due time. And Allah Knows Best.    

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