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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

Is it permissible for a financially capable woman to pay the Zakat to her sons or one of them?

It is permissible for a mother to give her children from zakat if they are eligible to receive it, even though she is obligated to provide for them. This is based on the saying of the Prophet Muhammad (PBUH) regarding Zainab, the wife of Abdullah Ibn Mas'ud (may Allah be pleased with them): "Your husband and your children are more deserving of your charity" [Al-Bukhari]. And Allah Knows Best.
 
 
 
 
 

How should I deal with the whispers of the devil with regard to ablution and purity?

Whispers in ablution are from the devil, and so you should take refuge in Allah from the devil`s evil suggestions that aim to distort the religion. Thus, once an organ is completely pure, don`t question its purity since having whispers doesn`t mean that the purity is invalid as it has already been established.

A woman went for Hajj while pregnant, gave birth after leaving Arafat, and was unable to perform the Tawaf Al-Ifadah. If she cannot stay until she becomes pure from postpartum bleeding (Nifas) and she is from a distant country, what is she liable for?
 

This woman is advised to leave Mecca in a state of Ihram if the caravan departs. Once she reaches a distance where returning to Mecca is not feasible, she should consider herself in a state of being prevented (Muhsar). She may then exit Ihram, and she is required to offer a sacrificial animal (Blood) at that location. Additionally, she must perform a compensatory Hajj at the earliest possible opportunity. And Allah Almighty Knows Best.

 

 

 

I can`t afford to get married, what should I do to curb my sexual drives?

You should offer a lot of voluntary fasting, keep busy with useful and permissible acts and make supplication to Allah, The Exalted.

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