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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

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 offer one Rak`ah in Witr prayer?

The minimum of Witr (An odd number prayer performed between Isha`a and Fajr) prayer is one Rak`ah, and the maximum is eleven, but the minimum of its complete form is three, and it is permissible to offer one only.

What is the due amount of food in expiation for perjury?

It is feeding ten indigent persons: 600 grams (for each) of the average food of your families such as rice, and it is permissible, according to Imam Ahmad Bin Hanbal, to give that amount in money if it was more useful to them.

What is the ruling on a woman shaking hands with the brothers of her husband`s father, and not putting on Islamic wear before them?

The aforesaid are strangers to the their brother`s son`s wife, therefore, it is forbidden for her to take off her Islamic wear before them, or to shake hands with them.

Is it permissible for the woman to use her mobile phone while on the street?

All Perfect Praise is due to Allah, The Lord of The Worlds 

Modesty should be observed by the woman at all times, so she is free to use her phone while on the street as long as it is done within the limits of Islamic manners. And Allah The Almigty Knows Best.

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