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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

Who is the one deemed "able" (al-qādir), for whom the uḍḥiyah (sacrificial offering) is sunnah?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The one who is deemed "able" (al-qādir) [to perform the uḍḥiyah, i.e., the sacrifice] is someone who possesses wealth sufficient to acquire the sacrificial animal, over and above what is needed to cover his own living expenses and the living expenses of his wife and children — or of anyone else whose financial support (nafaqah) is legally obligatory upon him — for the day of ‘Eid and the three days of Tashrīq [that follow it], since this is the designated time period for the sacrifice. And Allah, the Exalted, knows best.

What is the ruling on sacrificing a castrated animal or one with a missing tail?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible to sacrifice a castrated sheep; as it has been established that the Prophet (peace be upon him) sacrificed:
 
"...two large, fat, horned, white-and-black, castrated rams (Mawju'ayn—meaning having crushed testicles)." [Narrated by Ibn Majah in his Sunan].
 
It is not permissible to sacrifice an animal that is missing its tail, or udder due to being cut off. This is in contrast to an animal that was naturally born without a tail, or udder; such an animal is valid for sacrifice. And Allah the Almighty knows best.

Is the prayer of someone who didn`t face Quibla (Ka`ba direction) valid?

All perfect praise be to Allah,The Lord of The Worlds.                                                                                                                                                              Facing the Quibla is a condition for the validity of prayer, and the prayer of the person who hadn`t faced the direction of the Quibla is invalid, and he is obliged to repeat it. And Allah Knows Best.

What is the ruling on combining more than one intention in the prayer, such as combining the *sunnah* of wuḍūʾ with the pre-Dhuhr *sunnah*, or combining the *sunnah* of greeting the mosque (*taḥiyyat al-masjid*) with the pre-Dhuhr *sunnah*?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Combining two intentions in a single act of worship, which some jurists call the “overlapping of acts of worship”, has several cases and precise rules. These can be consulted in the books of legal maxims, such as al-Manthūr fī al-Qawāʿid al-Fiqhiyyah by al-Zarkashī and al-Ashbāh wa’l-Naẓāʾir by al-Suyūṭī. Among the most important of these rules:
First: If all of the acts of worship that one wishes to combine under one intention are obligatory, the intentions do not overlap. An example is combining the intention of the obligatory ʿAṣr prayer with that of the obligatory Dhuhr prayer. The intentions do not overlap in this case.
Second: If the two acts are specified supererogatory prayers (nawāfil muqayyadah) that are aimed at in themselves because of a particular time, occasion, or cause, or if they are an obligatory prayer and a specified supererogatory prayer, the intentions again do not overlap. An example is the Duha prayer, which may not be combined with, for instance, the regular sunnah of Dhuhr.
It is stated in Bushrā al-Karīm: “Whatever is not, in meaning, an absolute voluntary prayer, such as the Duha sunnah… is not subsumed under another. Rather, if he intends something else along with it… the prayer is not validly entered. This is because combining two obligations, two specified supererogatory prayers, or an obligation and a specified supererogatory prayer invalidates the prayer in cases not built upon overlapping, as ritual purification (ṭahārah) is.”
Third: If the two acts are absolute voluntary prayers (nawāfil muṭlaqah), or one of them is, where the texts of the Sharīʿah show that the aim of the voluntary act is to fill the time with worship, then overlapping of intentions is permissible. An example is the obligatory Dhuhr prayer together with the sunnah of greeting the mosque (taḥiyyat al-masjid). And Allah Almighty knows best.

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