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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

I took a housing loan from the bank for a 20-year period. Four years have passed, and I recently learned that this loan is usurious. I wish to perform Umrah. Am I permitted to perform it? If not, what should I do?

You are permitted to perform Umrah. Strive to repay the debt in hopes of reducing the amount of usurious interest. Allah Says (What means): "And there are others who have acknowledged their sins. They had mixed a righteous deed with another that was bad. Perhaps Allah will turn to them in forgiveness. Indeed, Allah is Forgiving and Merciful." [At-Tawbah/102]. And Allah Knows Best.
 
 
 
 
 

 have an amount of 2,700 Jordanian dinars, which I have invested in a project, and I pay zakat on it every year. However, I have debts and obligations, and this project yields only a profit of about 2-4%. My salary is not enough to support myself and my family to the extent that I cannot pay the electricity bills. Is it permissible for me to take from the above Zakat?
 

You permitted to take from your Zakat since your income insufficient for you, because the poor is permitted to take from the Zakat in general, besides; the poor is identified of whose income doesn't suffice him. And Allah Knows Best.

Should water be put in the deceased`s mouth and nose while washing him/her?

Putting water in the mouth and nose of the deceased while washing him is impermissible.

Do certain vaginal discharges and incontinence of urine nullify ablution, and should underwear be changed?

A person afflicted with constant impurity due to urinary incontinence and vaginal discharges is obliged to make ablution for every obligatory prayer when its time is due, and after removing Najaasah (impurity), and wearing a clean diaper. He/she is obliged to pray immediately even if the impurity is being released, and he/she is obliged to remake ablution, and the aforementioned for every obligatory prayer.

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