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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(216): "Divorce Given in Anger and Bid'aa/Innovative Divorce: Effective or not"

Date Added : 21-12-2015

Resolution No.(216)(6/2015) by the Board of Iftaa`, Research and Islamic Studies:

"Divorce Given in Anger and Bedai`/Innovative Divorce: Effective or not"

Date: 28/ Shawal/ 1436 AH, corresponding to 13/8/2015 AD.

 

On the above given date, the Board reviewed the question asked by the Islamic Fatwa Council, Jerusalem, Palestine, about divorce given in a state of anger and Bedai`/innovative divorce in terms of their effectiveness?

After thorough deliberations, the Board decided the following:

Muslim Jurists have classified anger into three types:

First: Extreme Anger: The person gets furious and his anger is so high that he no longer has control over his mind and is no longer aware of his actions and words. Muslim Jurists have agreed that there is no doubt that the actions and words of such a person aren`t effective. This is based on the following Hadith: The Messenger of Allah (PBUH) said: "There is no divorce and no manumission at the time of coercion." [Abu Dawood and Ahmad].

Second: Minimum Anger: The person gets angry but not so extreme. He controls himself and perceives his words and actions; the divorce of such person is valid without any objection amongst the Muslim scholars.

Third: Medium Anger: The person whose condition is between these two conditions. He becomes extremely angry, but he doesn`t reach the degree of an insane person as mentioned in the first condition, not losing his mind totally. The Jordanian Personal Status Code calls such person "Madhoosh." 

Muslim scholars have differed concerning the ruling of such a person. Their majority said that his divorce takes place; whereas, Ibn Taymiah and Ibn Qayim Al-Jawzieh, Hanbalite scholars, and Ibn Abdeen - a Hanafite scholar, said that it doesn`t. Ibn Abdeen stated: "I believe that it isn`t obligatory that the Madhoosh and the angry don`t realize what they say, it suffices that they are delirious and their talk at that moment is a mix of joking and seriousness ." {Radd Al-Mohtaar}.

Accordingly, the Jordanian Civil Status Law No.(36)/2010, article(86) and the Board of Iftaa`, Research and Islamic Studies rule that divorce in a state of Medium Anger doesn`t take place, whether in the first, second or third pronouncement of divorce based on the principle of "intention" and the Sharia evidence that remove the hardship facing the mistaken, the insane and the coerced. The same ruling applies to persons whose minds are in a state of confusion and lack the capacity to choose.

As for Bedai /innovative divorce (When a person divorces his wife after he sleeps with her while she is in a state of ritual purity), it has several forms and there is disagreement whether some of them are considered Sunni or Beda`i. What counts here is that the Jordanian Board of Iftaa` rules that all forms of Bedai`/ innovative divorce take place, except that which is accompanied with a number of divorce pronouncements either by utterance or signal, and repeating the pronouncement of divorce in the same council, only one divorce takes place. Whereas, the divorce of the woman observing  iddah(waiting period) doesn`t take place at all based on a Fatwa of Ibn Taymiah so as to facilitate for the Muslims and hinder the devil from seducing them to destroy their families. Most of the contemporary scholars have adopted this opinion based on the following Hadith: Ibn 'Abbas (Allah be pleased with them) reported that the (pronouncement) of three divorces during the lifetime of Allah's Messenger (PBUH) and that of Abu Bakr and two years of the caliphate of Umar (Allah be pleased with him) (was treated) as one. But Umar b. Khattab (Allah be pleased with him) said: "Verily the people have begun to hasten in the matter in which they are required to observe respite. So if we had imposed this upon them, he imposed it upon them." {Muslim}.

This opinion has also been adopted in articles (81) and (89) of the Jordanian Personal Status Law, 36/2010. And Allah Knows Best.

 

The Grand Mufti of Jordan, Sheikh Abdulkareem Al-Khasawneh

Dr. Abdulnnassir Abulbasal

Sheikh Sa`eid Hijjawi

Dr. Jameel Khatatbeh, Deputized Mufti of the Armed Forces

Dr. Mohammad Khair Al-Esa

Dr. Wasif Al-Bakhri

Dr. Mohammad Al-Qhodat

Dr. Mohammad Al-Khalayleh

Dr. Mohammad Al-Zo`bi

 

 

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Summarized Fatawaa

Is it permissible to purchase the Udhiyah on installments?

It is permissible to purchase the sacrificial animal (uḍḥiyyah) on installments or by borrowing its price. However, it is not recommended for the poor to do so, because they are not required to offer a sacrifice, and Allah does not burden a soul beyond its capacity. If doing so would lead to negligence in providing for one's dependents (nafaqah wājibah), then giving precedence to obligatory maintenance over borrowing to buy the sacrifice is appropriate. This is based on the saying of the Prophet (peace and blessings be upon him): "It is sufficient sin for a person to withhold food from those whom he is responsible to support."
 
Furthermore, the sacrifice is valid from one who has a debt, but it is preferable (awlā) to repay the debt first, especially if the debt is due immediately (ḥāll). And Allah Almighty knows best.

Is it permissible to consume the meat of a sacrifice (Dhabihah) offered as an act of devotion to Allah, seeking His protection for my family?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to eat from this sacrifice, and the reward [for it] is according to what is given to the poor. And Allah the Exalted knows best.

Does vomiting during the day in Ramadan break the fast?

Intentional vomiting is one of the nullifiers of fasting; whoever vomits deliberately breaks their fast.
However, if vomiting occurs involuntarily, the fast remains valid as long as nothing returns to the body cavity (jauf). If anything is swallowed back, the fast is invalidated.
The Prophet ﷺ said: "Whoever is overcome by vomiting does not have to make up the fast, but whoever induces vomiting deliberately must make it up." [Narrated by Abu Dawood and At-Tirmidhi]

What is the ruling on combining (jam‘) and shortening (qaṣr) prayers when travel is repeated on a daily basis?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
A traveler is permitted to avail himself of the concessions of shortening and combining prayers once the distance of his journey reaches (81 km) or more. This is on condition that his journey is a permissible one, and that he begins shortening and combining only after setting out and passing beyond the built-up limits of the city in which he resides, or beyond the administrative boundaries of the area where he lives.
Accordingly, if the distance between one's workplace and one's place of residence reaches the distance upon which the concession of combining and shortening depends, then combining and shortening are permissible once he leaves the built-up area, even if this travel is repeated on a daily basis.
Ash-Shirbīnī (raḥimahullāh) said: "It is permissible to combine Ẓuhr and ‘Aṣr, either as an early combination (taqdīm) in the time of the first, or as a delayed combination (ta'khīr) in the time of the second; and likewise Maghrib and ‘Ishā' — either early, in the time of the first, or delayed, in the time of the second — during a long, permissible journey, in following [the Prophet's practice]. As for the delayed combination, it is established in the two Ṣaḥīḥs from the ḥadīth of Anas and Ibn ‘Umar (raḍiyallāhu ‘anhum). As for the early combination, Ibn Ḥibbān and al-Bayhaqī graded it ṣaḥīḥ from the ḥadīth of Mu‘ādh, and at-Tirmidhī graded it ḥasan." [Quoted with slight abridgment from Mughnī al-Muḥtāj, Vol.1/p.529]
The conditions for combining and shortening have already been explained in Fatwa No. 14 and Fatwa No. 842. And Allah, the Exalted, knows best.

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