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

"I told my family at night: 'I will fast tomorrow as qaḍā' (a make-up fast),' but I forgot to make the intention before sleeping. Is my fast valid?"

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
 
The intention is obligatory in acts of worship. For obligatory fasting, the required intention is to resolve to fast during the night [before dawn]. Its proper locus is the heart, while verbalizing the intention out loud in acts of worship is a sunnah — so that the tongue may align with the heart. If the intent behind the statement in question was the intention to fast, then it is valid; but if the intent was merely to inform someone, or reflected hesitation or doubt, then it is not valid.
 
It is stated in *Bushrā al-Karīm* (Vol.1/P.216): "It is a sunnah to verbalize the intention — that is, whatever has already been intended in the heart, whether an obligatory or a voluntary act — such as specifying the number of rak‘ahs, just before the opening takbīr — so that the tongue may assist the heart, and because this is further removed from whispered doubts (waswasah), and in order to accommodate the view of those who held it obligatory in every act of worship that requires an intention (even though this is a minority position), by analogy with Ḥajj."
 
Accordingly: if the intention to fast arose in your heart before the second adhān [i.e., before Fajr], then your fast is valid.
 
And Allah, the Exalted, knows best.

Does Laylat al-Qadr move between the nights of Ramadan?

Laylat al-Qadr is definitely in Ramadan, and it is most likely in the last ten nights, especially on the odd-numbered nights.
For this reason, the Prophet ﷺ commanded observing worship in the last ten nights, and he himself used to dedicate those nights to worship. Many people put special effort into the 27th night of Ramadan, and they are rewarded in any case, whether they actually coincide with Laylat al-Qadr or not, because worshiping on any night of Ramadan carries great rewards.
 

What is the ruling of Islamic Law on the "wheel of fortune"?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If entry into the contest is free of charge, meaning it is not paid for, and a company offers it to a customer so that he may enter a prize draw, then there is no objection or sin in it. In that case, it is considered a gift from the merchant. This is what appears in Iftaa Board Resolution No. 3/2010. And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on kissing while fasting?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is prohibitively disliked (makrūh taḥrīman) for a husband to engage in foreplay with or kiss his wife during the daylight hours of Ramaḍān if doing so stirs his desire. If pre-seminal fluid (madhī) is released as a result, the fast is not invalidated; however, if seminal fluid (manī) is released, the fast is broken.
Imām al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, stated: "It is prohibitively disliked to kiss — whether on the mouth or elsewhere — for one whose desire is stirred, whether man or woman, to the extent that he fears it may lead to intercourse or ejaculation. Embracing, touching, and similar acts without a barrier carry the same ruling as kissing in this regard, because such acts expose the act of worship to being corrupted — and as the two Ṣaḥīḥs record: 'Whoever circles around a protected boundary is liable to fall into it.'"
He further added: "It is preferable for one whose desire is not stirred — even if he is a young man — to refrain from such acts as well, so as to close the door entirely. For he may believe his desire has not been aroused when in fact it has. Moreover, it is Sunnah for the fasting person to abstain from all desires without exception." — Summarised with minor adaptation from [Mughnī al-Muḥtāj]. And Allah the Almighty knows best.