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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

What are the categories of the livestock permissible for Udhiyah?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
An Udhiyah (sacrificial offering) is only valid if it is selected from Al-An'am (livestock), which includes: camels, cattle, and sheep or goats—whether male or female, and even if castrated. Allah Almighty says {what means}: "And for all religion We have appointed a rite [of sacrifice] that they may mention the name of Allah over what He has provided for them of [sacrificial] livestock." (Al-Hajj/ 34)
 
In terms of preference, camels are considered the best choice, followed by cattle, then sheep, and finally goats.
A single sheep or goat is valid as a sacrifice on behalf of one person. However, a single camel or cow can be shared by up to seven people. This is based on the narration of Jabir (may Allah be pleased with him), who said: "In the year of Al-Hudaybiyah, we sacrificed along with the Messenger of Allah (peace and blessings be upon him) a camel on behalf of seven people, and a cow on behalf of seven people." (Narrated by Muslim)
 
(Note: The term "Badanah" used in the original Arabic text specifically refers to a camel in this context). And Allah the Almighty Knows Best.

What is the recommended supplication (Du'a) upon breaking the fast, and is it recited before or after breaking it?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is recommended (Mustahabb) for a fasting person to recite upon breaking the fast—that is, immediately after eating or drinking—the supplication: "Allahumma laka sumtu wa 'ala rizqika aftartu" (O Allah, for You I have fasted, and with Your provision I have broken my fast).
 
This is because our master, the Prophet (peace and blessings be upon him), used to say this. The narration was recorded by Abu Dawud with a good (Hasan) chain of transmission, albeit in a Mursal form (a narration where a Successor reports directly from the Prophet). Shaykh al-Islam Imam Ibn Hajar al-Haytami (may Allah have mercy upon him) stated: "Its Mursal status is inconsequential, as it pertains to virtuous deeds (Fada'il); furthermore, it was connected (Mawsul) through another chain of transmission." [Tuhfat al-Muhtaj, Vol.3/P.425]
 
It is also recommended to recite: "Dhahaba al-dhama'u wa ibtallat al-'uruqu wa thabata al-ajru in sha' Allah" (The thirst has gone, the veins are moistened, and the reward is confirmed, if Allah wills).
 
This was recorded by Abu Dawud with a good (Hasan) chain. Our leading jurists (Imams) have explicitly stated that it is recommended for the fasting person to combine both supplications.
 
Imam al-Bajuri (may Allah have mercy upon him) stated:
 
 
"And his saying following his breaking of the fast—that is, it is recommended to say: 'O Allah, for You I have fasted, upon Your provision I have broken my fast, in You I have believed, to You I have submitted, and upon You I have relied. The thirst has gone, the veins are moistened, and the reward is confirmed, if Allah wills. O You of vast bounty, forgive me. Praise be to Allah Who aided me so that I fasted, and provided for me so that I broke my fast. O Allah, grant us success in fasting, enable us to stand in night prayer during it, and aid us in it while people sleep, and admit us to Paradise in peace.'" [Hashiyat al-Bajuri, Vol.1/P.562]
 
Furthermore, the fasting person may supplicate with whatever good he or she wishes, for the supplication of a fasting person is answered. Al-Bayhaqi recorded on the authority of Anas ibn Malik that the Messenger of Allah (peace and blessings be upon him) said: "Three supplications are not rejected: the supplication of a parent for his child, the supplication of a fasting person, and the supplication of a traveler." And Allah Almighty knows best.

What is the ruling of Islamic Law on colleagues alternating overtime shifts and receiving wages for absent days?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
An employee is religiously obligated to abide by the instructions and regulations pertaining to overtime hours. Furthermore, it is mandatory to adhere to honesty and avoid deceit, circumvention, and falsehood. Allah Almighty says (what means): "O you who have believed, be conscious of Allah and be with those who are truthful."
(At-Tawbah/119).
 
Therefore, whoever is assigned to work overtime must remain present at the designated workplace, even if no active tasks are required of them during that time.
 
Likewise, the official authorized to approve overtime work must comply with all established conditions and regulatory guidelines. It is impermissible for them to grant overtime hours in violation of system regulations. Should any compensation be disbursed in contravention of these official rules, it is unlawful to accept or consume such wages. And Allah Almighty knows best.

What do you say about someone who stays up all night on Laylat al-Qadr but misses Fajr prayer?

Such a person has deprived themselves of a great reward. Performing obligatory acts is more beloved to Allah than voluntary acts. Fajr prayer is an obligation, and performing it in congregation is equivalent to worshiping for the entire night. So how can someone neglect it while striving for voluntary prayers?!

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