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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

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The Friday bath is a confirmed Sunnah, based on the Prophet's (peace be upon him) saying: "Whoever performs ablution on Friday, it is good for him, and whoever takes a bath, bathing is better." (Reported by Abu Dawud and al-Tirmidhi who said it is a hasan hadith). It is recommended for everyone who wants to attend the Friday prayer, even if they are not from its usual attendees, like a woman or a boy.
If a person is in a state of major impurity (junub) and intends by his bath both lifting the major impurity and the Friday bath, he achieves both. If he intends only one of them, he achieves only what he intended. And Allah the Almighty knows best.

What is the ruling on someone who insults or deceives others while fasting?

Insulting or deceiving others is forbidden (haram) and diminishes the reward of fasting.
The Prophet ﷺ warned against deception, saying: "Whoever deceives is not one of us." [Narrated by Al-Tirmidhi]
However, their fast remains valid despite the sin.

What are the Sunnahs and etiquettes related to the slaughtering of an animal?

 

 
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2-Do not slaughter the animal in front of others of its kind.
 
3-Offer water to the animal before the sacrifice.
 
4-Sharpen the knife thoroughly prior to slaughtering to ensure the cut is made as quickly and cleanly as possible. This is in accordance with the statement of our Master, the Prophet (peace and blessings be upon him): "Indeed, Allah, the Almighty and Majestic, has prescribed excellence (Ihsan) in all things. So when you kill, kill well; and when you slaughter, slaughter well. Let each of you sharpen his blade, and let him put his sacrificial animal at ease." (Narrated by Muslim)
 
Do not begin skinning the carcass until you are absolutely certain that the animal has completely passed away.
 
Slaughter cattle, sheep, and goats while they are lying down on their left side, facing the Qiblah (direction of prayer). Leave the right leg untied so the animal can move it, helping it rest more easily during its final moments. For camels, however, the preferred method (Nahr) is to slaughter them while they are standing up, with their left knee tied. And Allah the Almighty Knows Best.

What is the ruling on sending blessings and peace upon the prophet (PBUH) after the Adhan?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is a Sunnah to send blessings and peace (As-Salat wa al-Salam) upon the Prophet ﷺ after the Adhan and the Iqamah, for both the caller (Mu’adhin) and the listener. It is permissible to do so aloud after the conclusion of the Adhan. However, it is preferable to maintain a brief pause between the words of the Adhan and the prayers upon the Prophet ﷺ, so that people do not mistakenly assume that sending blessings upon him is an integral part of the Adhan itself. And Allah the Exalted knows best.

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