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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 distribute the raw meat of the vowed animal sacrifice amongst the poor/to offer it to them in cooked form?

It is impermissible for the vow-maker to eat from the vowed animal sacrifice, rather, he/she should distribute it as he/she had intended upon making the vow, but if the vow was a general one, without any specification then, it is better to give it as raw meat.

I am a disabled woman who has vaginal discharges and can`t control her urine. Therefore, I combine prayers. Is that permissible?

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Muhammad and upon all his family and companions.

According to the Hanbali doctrine, it is permissible for the sick to combine prayers. In your case (Asker), it is better that you delay the noon prayer until a few minutes before the afternoon prayer in order to minimize the time span between the two and perform each alone. In addition, you can do the same with sunset and evening prayers. Finally, we ask Allah to bless you with recovery. And Allah Knows Best.

After a month and a half from the end of postpartum bleeding, my wife occasionally finds a small amount of blood, and she is breastfeeding. What is this blood, and should she fast and pray when she experiences it?

This is postpartum bleeding, so she should not fast or pray until she sees the signs of purity, unless it exceeds sixty days, as the maximum duration for postpartum bleeding is sixty days, and the majority of women experience forty days. If it exceeds sixty days, it is considered irregular bleeding (Istihada). It would be advisable to consult a doctor after the sixty days. And Allah Knows Best.

Is it permissible for the children of a deceased father to settle his debt from the Zakah (obligatory charity) money due on them?

It is impermissible to use the Zakah of one`s money for settling the debts of the deceased. However, children should settle the debts of their deceased parents out of filial piety. And Allah Knows Best.

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