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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

What is the ruling on congregational prayer performed outside the mosque, and is it a condition that it be performed in a mosque in order to attain the full reward?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is not a condition for attaining the reward of congregational prayer that it be performed in a mosque; however, a Muslim should still be keen to perform his prayers in the mosque, so as not to miss out on immense reward. This is due to the virtue of the mosque and of spending time there (i‘tikāf), the typically larger number of worshippers present, and the additional reward gained through walking to and from the mosque. On the authority of Abū Hurayrah (raḍiyallāhu ‘anh), the Messenger of Allah ﷺ said: "Whoever purifies himself in his house, then walks to one of the houses of Allah to fulfill one of the obligations Allah has prescribed, one of his steps will erase a sin, and the other will raise him a degree [in status]." (Related by Muslim)
Whoever misses congregational prayer at the mosque should still strive to pray in congregation at his workplace, or together with the members of his household. And Allah, the Exalted, knows best.

What is the ruling on the follower (*maʾmūm*) reciting Sūrat al-Fātiḥah behind the imam?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
In our school of Islamic thought, the Shāfiʿī school, reciting al-Fātiḥah is obligatory in every rakʿah of the prayer for the imam, the follower (maʾmūm), and the one praying individually (munfarid), because it is one of the pillars (arkān) of the prayer. Whoever does not perform it, his prayer is invalid, whether the prayer is silent (sirriyyah) or audible (jahriyyah), based on the saying of the Prophet (peace and blessings be upon him): “The prayer of the one who does not recite the Opening of the Book (Fātiḥat al-Kitāb) is invalid.” Agreed upon.
It is stated in ʿUmdat al-Sālik, one of the books of the Shāfiʿī school: “He recites al-Fātiḥah in every rakʿah, whether he is the imam, the follower, or the individual worshipper.”
The jurists of the other schools hold a different opinion, which was previously explained in Fatwa no. (3169); please refer to it. And Allah Almighty knows best.

What are the legal and religious consequences for a charitable organization in the event that a sacrificial animal is damaged or spoiled after slaughter?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
Charitable organizations entrusted with slaughtering sacrificial animals (uḍḥiyyah) and distributing their meat on behalf of their owners are obligated to safeguard the meat from spoilage, damage, theft, and any other harm. This is because such organizations act as agents (wukalā') on behalf of those offering the sacrifice, and an agent holds what is entrusted to them in trust (amānah) — whether they receive a wage for their work or act on a voluntary basis.
If the sacrificial animal is damaged after slaughter during the processes of packaging, transportation, or storage due to negligence or oversight — whether on the part of the organization's own staff overseeing the operation, or on the part of third parties contracted by the organization such as transport or shipping companies — then liability falls upon the negligent party, who is required to compensate for the value of the sacrifice. It is not permissible to cover such compensation from the organization's other donor funds.
However, if the damage to the sacrificial animal occurs without any negligence in its preservation and storage on the part of any party involved in the transportation, shipping, or storage process, and is instead attributable to force majeure circumstances beyond their control, then no financial liability is borne by any party in such a case. And Allah Almighty knows best.

Is bleeding that lasts for nine or ten days considered menstruation (Hayd)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If the duration of the bleeding does not exceed fifteen days, then all of it is considered menstruation (Hayd), even if the regular cycle ('Adah) has changed. And Allah the Exalted knows best.

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