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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

What is the ruling of Sharia on uncovering Awrah  before  a female laser-hair-removal specialist to remove thick hair knowing that I`am engaged and feel embarrassed and this treatment is guaranteed and definitive?

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.
It is lawful for a Muslim woman to look at the body of another Muslim woman except what is between the navel and the knees.  In addition, it is lawful to look at the whole body for treatment; however, having thick hair isn`t considered an illness. And Allah The Almighty Knows Best.

Is Zakah due on a woman`s deposited gold?

Zakah (obligatory charity) is due on deposited gold if it reached Nissab (minimum amount liable for Zakah), and a lunar year had lapsed over owning it. The due Zakah is (2.5%). And Allah Knows Best.

Should a pregnant woman who broke fast because of pregnancy make it up, and is a ransom due on her?

The pregnant and the suckling, if they fear for their health, may break their fast and make up for it, and no ransom is due on them. However, if they broke fast in fear for the fetus and the baby, then they are obliged to make up for it, and pay the ransom which is feeding a needy person for each of the missed fasting days. And Allah Knows Best.

I underwent a procedure for a molar pregnancy (hydatidiform mole), and after that, the bleeding continued for more than two months, during which I did not pray. Do I need to make up the missed prayers?

If you have previously experienced postpartum bleeding, the duration of the current bleeding is treated the same as your previous postpartum period. Any bleeding that exceeds this duration must be considered irregular bleeding (istihada), and you must make up the missed prayers. If this is the first time, then any bleeding beyond sixty days is considered irregular bleeding. You must perform ghusl, pray, and make up the prayers for the days beyond the sixty-day limit. And Allah Knows Best.

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