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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

Is it obligatory to have an intention (niyyah) for every prayer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is obligatory for the worshiper to have a specific intention (Niyyah) for every prayer, meaning they must consciously intend the act of worship they are performing. The intention is a pillar (Rukn) of the prayer, and the prayer is not valid without it. It is not a requirement to utter the intention verbally; rather, doing so is considered a recommended Sunnah. And Allah the Exalted knows best.

What are the Sunnah acts of fasting?

● Delaying Suhoor (pre-dawn meal) as long as there is no risk of Fajr beginning.
● Hastening Iftar (breaking the fast) immediately after confirming sunset.
● Performing I‘tikaf, especially during the last ten nights of Ramadan.
● Reciting the Quran frequently.
● Avoiding idle and useless talk.
● Being generous and charitable.
● Guarding oneself from desires.
● Purifying oneself from major impurity (janabah) before Fajr.

Is supplicating in Qunoot, at times of affliction, during obligatory and voluntary prayer a Sunnah, and should it be done before Rukoo` (bowing), or after it?

At times of affliction, it is a Sunnah that Muslims supplicate in Qunoot after the final Rukoo` of each obligatory, or voluntary prayer as individuals, or in congregation.

What is the ruling on wiping the head during ablution from behind a barrier like a headscarf (hijab)?

The obligation in ablution is to wipe some of the head; it is not a condition to wipe all of it. As for one who has a turban or headscarf on their head, it is permissible for them to wipe over it after wiping a part of their head in any place. This is easily done at the front of the head. This means the woman begins by wiping the front of her head from under the headscarf, then completes the wiping to the back of the head from over the headscarf. If the woman wipes over the headscarf on her head and the moisture reaches the scalp or some hair within the boundaries of the head, it suffices for wiping the head. And Allah the Almighty knows best.

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