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Answer from the General Iftaa` Department on what was Published in "Al-Ra'y" Newspaper.
Author : The General Iftaa` Department
Date Added : 06-07-2023

Answer from the General Iftaa` Department on what was Published in "Al-Ra'y" Newspaper

 

 

We have read what was written in "Al-Ra'y" newspaper (Issue No. (14044), Tuesday, March 24, 2009) under the "Al-Ra'y Platform" section entitled (The story of a Jordanian family raises deep questions in religion and society / Medical examination made him doubt her pregnancy, so he divorced her, and the due date of childbirth cleared her. Would she return to him?).

 

We would like to emphasize that divorce cases aren`t answered over the phone.

 

Indeed, this is true due to the extremely sensitive nature of this matter and because some people, if they heard the answer on the phone, try to change the question to get the answer that suits them.

This emanates from insufficient knowledge of the meaning of the Sharia ruling, which is the ruling of Allah before Whom we will be held to account. Consequently, there is no use in having hidden some facts from the Mufti or the Judge. Once Allah's Messenger (PBUH) said, "You people present your cases to me and some of you may be more eloquent and persuasive in presenting their argument. So, if I give some one's right to another (wrongly) because of the latter's (tricky) presentation of the case, I am really giving him a piece of fire; so he should not take it." {Bukhari & Muslim}.

 

It is the duty of the Iftaa` Department to give the ruling of Sharia; however, the responsibility of implementation is that of the person concerned.

In the matter under discussion:

 

• How dare a man divorce his wife repeatedly although recently married? What happened to patience, good character, and trusting wife?!

 

• How could four doctors make a mistake in a matter that lies within their field of specialty and the fact that medical devices, nowadays, are very advanced?!

 

• What could the Mufti do after the husband admits having divorced wife on three separate occasions and this is proven in the Sharia court? Just as the wife was made lawful to her husband by uttering one word, she is made forbidden to him by uttering one word as well, which is the utterance of divorce. Out of His mercy, Allah made the wife unlawful to her husband after three divorces (Talaq Bain baynuna Kubra/Final divorce). Allah the Almighty says {What means}: "A divorce is only permissible twice: after that, the parties should either hold Together on equitable terms, or separate with kindness. It is not lawful for you, (Men), to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by God. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by God, there is no blame on either of them if she give something for her freedom. These are the limits ordained by God; so do not transgress them if any do transgress the limits ordained by God, such persons wrong (Themselves as well as others). So if a husband divorces his wife (irrevocably), He cannot, after that, re- marry her until after she has married another husband and He has divorced her. In that case there is no blame on either of them if they re-unite, provided they feel that they can keep the limits ordained by God. Such are the limits ordained by God, which He makes plain to those who understand." (Al-Baqarah, 229-230)

 

The marriage mentioned in the above verse is what the jurists call marriage of desire. I.e. the intention is living permanently with the wife, and not the engaging in a poor performance that the virtuous person would feel ashamed to mention. The Prophet (PBUH) said about it: "May Allah curse the one who makes permissible and the one who makes permissible for him." {Transmitted by Abu Dawood}. In addition, the Prophet (PBUH) called such person as "The borrowed "buck" goat". The Department wouldn`t deliver such Fatwa nor would any of the scholars who have respect for their knowledge. Moreover, with due respect, media should seek the truth and the ruling of Sharia since sympathizing with whoever divorces his wife in this way is inappropriate.

 

We do not like divorce because, as the Prophet (PBUH) said, it is the most hated of lawful things to Allah. However, worse than that is that a man lives with a woman who is not lawful to him, or that a woman lives with a man who is not lawful to her. The person addressed here is not the first to divorce and regret, but we confirm that no one had divorced without regretting that afterwards.

In the past, they used to say:

 

Do you cry over Layla while you left her*****Layla is gone, so what are you going to do about it!

In conclusion, do not blame the Mufti, but blame those who do not estimate matters correctly.

 

 

 

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Summarized Fatawaa

Is fidyah required for someone who breaks their fast due to a valid excuse?

● If the excuse is permanent, such as a chronic illness with no hope of recovery or old age, then fidyah is required. This means feeding one needy person for each missed fasting day.
● However, if the excuse is temporary, such as menstruation, postnatal bleeding, or a temporary illness, then only making up the missed fasts (qada) is required, and fidyah does not apply.

Is it permissible for a young man and a young woman to enter into a covenant as a married couple without having a true seclusion (Khalwah) until their marriage contract is officially concluded?

The relation which isn`t based on a marriage contract is forbidden, and entering into a covenant as a married couple is unaccounted for and is from the evil suggestions of the devil.

What is the ruling of Islamic Law regarding one who purchases a sacrificial animal (uḍḥiyah) and it then develops a defect before slaughter?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a defect that invalidates the sacrifice (uḍḥiyah) arises after its purchase — for example, if one purchased a sound, defect-free animal, and it then developed a limp, blindness in one eye, or a similar defect before slaughter — it does not fulfill the requirement of a valid uḍḥiyah, according to the Shāfi'ī school.
It is stated in Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib (Vol.1/P.535): "Even if the limp develops [in the animal] while the knife is upon it, it still does not fulfill the requirement, because it is lame at the moment of slaughter — this is analogous to a case where a sheep's leg breaks and one hastens to slaughter it [in that condition]."
The Ḥanbalī school, however, held that if the one offering the sacrifice purchased the animal while it was sound and defect-free, and a defect then befell it afterward, the sacrifice remains valid and there is no obligation to replace it.
It is stated in Masā'il al-Imām Aḥmad, one of the Ḥanbalī reference works (Vol.8/P.4021): "I said: If a person purchases the sacrificial animal while it is sound, and it is then afflicted with illness, blindness in one eye, or a broken limb [before slaughter]? He [Imam Aḥmad] said: It is said that it still fulfills the requirement. Isḥāq said likewise, because he purchased it while sound, and the defect befell it only afterward, so it remains sufficient on his behalf." [End of quote]
Accordingly, a sheep afflicted with a defect that invalidates the sacrifice does not fulfill the requirement of a valid uḍḥiyah — whether the defect arose after purchase or during the slaughter itself — according to the Shāfi'ī school. However, there is no objection to following the Ḥanbalī position on this matter [as a valid alternative]. And Allah, the Most High, knows best.

What is incumbent upon the one offering the sacrifice if, after slaughtering the animal, they discover that one of its internal organs is damaged or diseased?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
The presence of disease or defect in the internal organs of a sheep does not affect the validity of the sacrificial animal, unless the disease leads to the animal becoming emaciated and its meat becoming corrupted.
 
It is stated in al-Iqnā' (2/590) by Imam al-Shirbīnī: "The third disqualifying condition: an animal with a manifest illness — meaning one whose illness visibly results in emaciation and corruption of its meat. However, if the illness is minor and does not produce such effects, it doesn`t affect the validity of the sacrificed animal." And Allah Almighty knows best.

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