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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

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

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

Which is better in night prayer: long standing (Qiyam) or long prostration (Sujood)?

Long standing (Qiyam) is better in prayer. However, a Muslim should also observe tranquility and composure in their prayer.

What is the ruling on a Friday sermon in which the khaṭīb did not explicitly exhort the congregation to be conscious of Allah (taqwā) in both sermons, but sufficed with commanding them to obey Allah and refrain from disobeying Him?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
For the Friday sermon (khuṭbat al-Jumʿah) to be valid, certain essential pillars (arkān) must be fulfilled. Among these is the exhortation to be conscious of Allah (waṣiyyah bi-taqwā Allāh), which must be present in both sermons. Alongside this pillar, the praising of Allah (ḥamdallah) and the sending of blessings upon the Messenger of Allah ﷺ are equally required.
Shaykh al-Islām Imām Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states: "These three are pillars in each of the two sermons, because each sermon is independent and separate from the other." [Tuḥfat al-Muḥtāj,Vol.4/P.447]
It is not a condition that the exhortation be expressed in any specific wording, nor is it required that the word "taqwā" itself be used — such as saying "I exhort you to be conscious of Allah." Rather, this pillar is fulfilled by any expression that contains a command to obey Allah the Almighty and to abstain from what He has prohibited.
Imām al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, states: "The third pillar is the exhortation to taqwā... The specific wording of this exhortation is not required, according to the most correct view, because the purpose is admonition and the urging of obedience to Allah the Almighty. Therefore, any expression that conveys admonition suffices — whether long or short — such as: 'Obey Allah and be ever mindful of Him.'" [Mughnī al-Muḥtāj,Vol.1/P.550]
Accordingly, what the khaṭīb has done — by commanding obedience to Allah and forbidding disobedience to Him in both sermons — is valid and sufficient. And Allah the Almighty knows best.

What is the ruling on insulin injections?

Insulin injections do not break the fast because they are administered under the skin and do not reach the body cavity (jauf).

Is it incumbent on a husband to pay the alimony of his wife if she had left him and stayed at her parent`s without his permission?

When a wife leaves her house, and stays at her parent`s without asking her husband, she is considered a Nashiz (wife who refuses to abide by her husband’s orders), and so she doesn`t deserve an alimony.

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