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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

Should missed Sunnah prayer be made up?

Making up missed voluntary acts of worship is from Sunnah.

I work overtime after regular working hours and may become occupied with my phone or the work computer for personal matters — what is the ruling on this?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is obligatory upon an employee to abide by the instructions and regulations governing overtime hours, and equally obligatory to uphold honesty and avoid all forms of deception and dishonesty. Allah the Almighty says {what means}: "O you who have believed, be mindful of Allah and be with the truthful." [Al-Tawbah/ 119]
Whoever is assigned to work overtime must be present at his workplace — even if he has no specific tasks to carry out at that time. In such a case, he should strive as best he can to spend that time in a manner that benefits the institution he works for. If there is genuinely no work for him to do, there is no objection to occupying his time with something beneficial — such as reciting the Holy Qurʾān, reading, or listening to educational lessons — provided he has already completed all the responsibilities assigned to him.
If, however, he does have work to complete, he must spend that time fulfilling it. He may attend to phone calls or other personal matters to the extent that is customarily acceptable, as long as this does not result in delaying or postponing his work. If he delays his work on account of personal preoccupations, the wages he received for that wasted time are not lawfully his to keep, and he is obliged to return the equivalent amount to the institution by whatever means available to him. And Allah the Almighty knows best.

What is the ruling on a woman who learns of her divorce or her husband's death after her *ʿiddah* has ended? And does the *ʿiddah* of a woman who abandoned mourning (*iḥdād*) for the whole period of the *ʿiddah*, or part of it, still end, even though she knew that abandoning it is forbidden?**

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The waiting period of a widow who is not pregnant is four months and ten days, based on the saying of Allah Almighty (which means): “And those of you who die and leave wives behind, they shall wait concerning themselves for four months and ten days” [al-Baqarah/234]. If she is pregnant, her ʿiddah ends with the delivery of her child. The ʿiddah is calculated by lunar months and begins from the date of death.
If her ʿiddah ends before she learns of her husband’s death, or of his divorcing her, she does not observe the ʿiddah upon learning of it, because her ʿiddah has already ended.
It is stated in al-Bayān fī Madhhab al-Imām al-Shāfiʿī (Vol.11/p.41), one of the books of the Shāfiʿī school: “If a man divorces his wife, or dies while he is absent from her, her ʿiddah is from the time of the divorce or from the time of death. If she does not know of the divorce or the death until her ʿiddah period has ended, then her ʿiddah has ended. If she learns of it before the end of the ʿiddah period, she completes her ʿiddah counting from the time of the divorce or death.”
As for a woman who abandoned mourning throughout the ʿiddah while knowing that it is forbidden, she is sinful, although her ʿiddah has nonetheless ended. And Allah Almighty knows best.

What is the validity of the formula for sending blessings upon our master Muḥammad ﷺ: *"Allāhumma ṣalli wa sallim wa bārik ‘alā sayyidinā Muḥammad wa ‘alā ālihi, ‘adada kamāli-Llāhi wa kamā yalīqu bikamālihi"* ("O Allah, send blessings, peace, and grace upon our master Muḥammad and his family, by the number of Allah's perfection, and as befits His perfection")?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is permissible to send blessings upon our master, the Prophet ﷺ, using the formula mentioned in the question, since sending blessings upon the Prophet ﷺ is an act of devotion legislated in its basic essence, without a specific prescribed wording required outside of the formal prayer itself. It is therefore valid to perform it outside of prayer using any formula. This particular formula involves multiplying the blessings sent upon the Chosen Prophet ﷺ to the number of the perfections of Allah, the Exalted — which are limitless — so that, by Allah's permission, its reward and benefit never cease.
The meaning of "the number of Allah's perfection" is that it is without limit, making the blessings sent boundless, corresponding to His perfection, Glorified is He, which cannot be enumerated or counted. This formula is analogous to the words of our Greatest Prophet ﷺ, as related in the authentic ḥadīth narrated by Imam Muslim: the Prophet ﷺ said to Sayyidah Juwayriyyah (raḍiyallāhu ‘anhā): "Indeed, I said four phrases after you [left], three times, which, if weighed against everything you have said since this morning, would outweigh them: Subḥān Allāhi wa biḥamdihi, ‘adada khalqihi, wa riḍā nafsihi, wa zinata ‘arshihi, wa midāda kalimātihi" (Glory be to Allah, and praise be to Him, by the number of His creation, by His pleasure, by the weight of His Throne, and by the extent of His words). And Allah, the Exalted, knows best.

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