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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

Should a person feel pleased, or have a virtuous vision after offering Istikhara (guidance prayer) in order to do what he/she had offered it for?

The result of the Istikhaarah is not necessarily that a person sees something (in his dream), or feels pleased, but the most important result of the Istikhaarah is whether a person is enabled to do a given matter or not.

A man has married a second wife and deprived the first from provision and overnight stay. He spent most of his time and wealth on his second wife. After sometime, the latter got sick and was diagnosed with breast cancer, which made him forsake her in bed and return to his first wife. What is the position of Sharia on this?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
It is forbidden for a woman to forsake her husband in bed without a lawful excuse since this is one of the mutual rights of spouses. When the wife abstains from making love to her husband without a lawful excuse, she is considered sinful. This is because the Prophet (PBUH) said: "If a woman spends the night deserting her husband's bed (does not sleep with him), then the angels send their curses on her till she comes back (to her husband)." [Agreed upon]. And Allah The Almighty Knows Best.

Is it permissible to offer the Eid sacrifice in a non-Muslim country?

Eid sacrifice is permissible anywhere, and Islamic Sharia hasn`t determined that it should be in an Islamic country, but poor Muslims should be given a share in order for it to be valid since it is an act of worship. A portion of that Eid sacrifice should be given at least to one poor Muslim, and if that wasn`t possible then the one offering it should consume it along with his family.

Is it permissible to fish on Saturday?

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 of his family and companions. 

It is permissible for Muslims to fish on any day, but the sons of Israel are the ones forbidden to fish on Saturday. Moreover, there is no evidence in Islamic Sharia prohibiting Muslims from fishing on that day. And Allah Knows Best.

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