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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 to eat from an Udhiyah slaughtered on behalf of a deceased person?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
It is permissible to eat from the sacrifice (uḍḥiyyah) that is offered on behalf of a deceased person. This is the madhhab (school of thought) of the Hanbalis. In this case, the heirs take the place of the deceased as if he were alive, with the same rights to eat from it, give it in charity, and offer it as a gift.
 
It is stated in Maṭālib Uli al-Nuhā (Vol.2/P.472): "Offering a sacrifice on behalf of a deceased person is better than offering one on behalf of a living person, because the deceased is unable (to perform deeds) and is in need of reward. It is to be treated like a sacrifice on behalf of a living person in terms of eating, giving charity, and giving gifts." And Allah Almighty knows best.

Is the marriage contract considered valid if concluded at home by the marriage official (Ma`zon)?

Yes, it is valid as long as it is registered at the court.

What is the meaning of the Udhiyah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Udhiyah (Sacrificial Offering) refers to the livestock (An'am) that is slaughtered as an act of drawing closer to Allah the Almighty. This takes place on the day of Eid al-Adha (the 10th of Dhu al-Hijjah) and during the three days of Tashreeq that follow the day of Eid. And Allah the Exalted knows best.

Is it valid to share in the 'aqīqah by contributing a seventh share of a camel or cow?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
Yes, it is permissible. If a group of people jointly share in the slaughter of a camel or a cow on behalf of seven individuals, this is valid — regardless of whether all of them intend the 'aqīqah, or some intend the 'aqīqah, others the uḍḥiyyah, and others simply the purchase of meat. And Allah Almighty knows best.

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