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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 for a man to wear transparent clothing?

It is not permissible for a man to wear transparent clothing that reveals his 'Awrah (the area that must be covered). The 'Awrah of a man is "from his navel to his knees", and modesty is more prudent. And Allah Knows Best.

We collect funds from mosques and other sources, saying: "For the poor, the needy, widows, orphans, and those who do not beg insistently." After paying the stipends of the families registered with the Zakat Committee, an amount exceeding 6,000 dinars remained. Is it permissible for me to save it for upcoming months when I may not be able to collect the stipends?

These funds are received by the committee as representatives of the zakat payers to deliver zakat to those entitled to it. It is well-known that delaying zakat while being able to pay it is not permissible. Imam Al-Nawawi (may Allah have mercy on him) said: "Zakat must be paid immediately if one is able to do so, by the presence of wealth and the eligible categories." [Al-Minhaj] Therefore, the committee must distribute the zakat to the eligible recipients without installment payments or using it to purchase material goods for them, as the committee does not have authority over the poor to allocate it in this way. And Allah Knows Best.

What is the ruling on taking part in an online contest to win a prize of 100,000 dollars in return for answering thirty questions in different fields of knowledge and science? Knowing that there is no drawing of lots; only one or two cards are purchased to commence the contest.

Praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
This is a form of gambling, which is impermissible to participate in, because the people in charge of this online contest increase the value of the calls to compensate for the value of the prizes. And Allah The Almighty Knows Best.

What is the Islamic ruling when parents oblige their son or daughter to divorce or marry, and this actually takes place, although it is against their will?

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.
When the husband utters the word of divorce, without being forced or threatened, divorce takes place and we recommend that you visit the General Iftaa` Dept. to be given the suitable advice in this regard. And Allah The Almighty Knows Best.

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