Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(22): “Marriage of Challenged Individual"

Date Added : 29-11-2015

 

Resolution No.(22) by the Board of Iftaa`, Research and Islamic Studies:    

“Marriage of Challenged Individuals“

Date: 20/11/1411 A.H, corresponding to 3/6/1991 A.D

 

We have received the following question:
What is the ruling of Sharia on the marriage of challenged individuals?
Answer:
All success is due 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.
Having reviewed article (120) of the Jordanian Civil Status Law which grants a wife the right to ask for separation in case her husband became insane after the conclusion of their marriage contract, and the articles (113-119) which give her/him the right to ask for dissolution of marriage due to illnesses and diseases, the Board is of the view that it is permissible to confine the marriage of an individual afflicted with a disability, repulsive disease, or a disease that  could be transmitted to others or to his offspring, whether his disability was mental, physical, or psychological. It is also permissible to confine the marriage of an individual inflicted with a handicap, or was genetically handicapped, by obtaining a permission from a Sharia judge, by analogy to the ruling applied to the person inflicted with insanity, or idiocy, which undermines the very purpose of marriage itself.
The ruling in such cases depends on the judge`s decision and assessment of the best interest of both spouses, provided that each case is considered separately and after submitting a certified medical report from a specialized committee of expert doctors, showing that his disability or illness is incurable, and that he is likely to beget children inflicted with the same disabilities. In this case, the judge is entitled to stop this marriage before the conclusion of the contract to avoid any future harms since in this situation marriage loses its purpose, and causes embarrassment or harm to one of the spouses or to both of them. And Allah Knows Best.

 

Chairman of the Iftaa` Board, Chief Justice Mohammad Mohailan
The Grand Mufti of Jordan, Izzaldeen At-tamimi
Dr. Abdusallam Al-Abbadi
Dr. Umar Al-Ashkhar
Dr. Yaseen Daradkeh
Dr. Abdulahaleem Al-Ramahi
Sheikh Ratib Al-Zahir
Sheikh Ibrahim Khashan
Dr. Abdullahlim Ar-ramahi

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Summarized Fatawaa

What is the ruling on reciting verses of the Holy Quran on water, then drinking it?

It is permissible to recite Quran on water, then drink it as a kind of treatment since the Quran heals. Allah, The Almighty, Says (What means): "We send down (stage by stage) in the Qur’an that which is a healing and a mercy to those who believe: to the unjust it causes nothing but loss after loss." [Al-Isra`/82].

I`m getting old and haven`t got married yet. I love wearing the veil, but people advised me to take it off because it could stand in the way of my marriage, and that I should wear it after getting married, what should I do?

The veil (face drape) is the wear of the Prophet`s (PBUH) wives and righteous female companions (May Allah be pleased with them) and whoever imitates a certain group of people shall receive the same reward or punishment like themselves. Only those who are religiously poor deny women wearing the veil, and thinking that it stops a woman from getting married is from the evil suggestions of the devil.

What is the ruling on making up for missed fasting after the second half of Sha`ban (the month before Ramadhaan)?

One is obliged to make up for missed fasting before the start of next Ramadhaan, and regardless of offering it during the first, or the second half of Shab`an. This is because the prohibition mentioned in the Hadith is for offering absolute voluntary fasting in the second half of Sha`ban. And Allah Knows Best.

Is it permissible to pay the Fitr Zakah (obligatory charity) of Ramadan on behalf of a dead person?

The Fitr Zakah of Ramadhaan isn`t due on one who had passed away before the sunset of the last day of Ramadan. And Allah Knows Best.