Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Date Added : 28-10-2015

 

Resolution No.(74): “Cursing Allah The Exalted Turns a Person into an Apostate“

Date: 1/3/1425 AH, corresponding to 21/4/2004 AD.

 

The Board received the following question:

What is the ruling on living with a husband who curses Allah on regular basis whenever he gets mad, but once he regains calm, he seeks the forgiveness of Allah. However, when he is told that what he had done turned him into a disbeliever, he rejects that and confirms his belief in Allah and that he never intended to get out of the fold of Islam?

Answer: All success is due to Allah.

Cursing Allah The Exalted is a major sin that turns a person into a disbeliever, whether he was joking, serious or mocking, for Allah Says {what means}: “If thou dost question them, they declare (with emphasis): "We were only talking idly and in play." Say: "Was it at God, and His Signs, and His Apostle that ye were mocking?" {At-Tawbah/65}. And this opinion is unanimously agreed upon by the four Muslim jurists; therefore, this person must seek Allah`s forgiveness, make repentance, and return to the fold of Islam.

Moreover, Allah The Exalted Accepts the repentance of such persons for He Says {what means}: “Say to the Unbelievers, if (now) they desist (from Unbelief), their past would be forgiven them; but if they persist, the punishment of those before them is already (a matter of warning for them).” {Al-Anfaal/38}. Allah`s Apostle also says: “I have been ordered (by Allah) to fight against the people until they testify that none has the right to be worshipped but Allah and that Muhammad is Allah's Apostle, and offer the prayers perfectly and give the obligatory charity, so if they perform that, then they save their lives and property from me except for Islamic laws and then their reckoning (accounts) will be done by Allah." {Bukhari&Muslim}. And this is the opinion of the Hanafite and the Shafite jurists.

This person becomes separated from his wife once her Iddah (waiting period) ends before he makes repentance to Allah The exalted and returns to the fold of Islam. However, if he returns to his wife before the end of her Iddah, she becomes lawful to him, and this is in accordance with the Shafite School of Jurisprudence.

We advise this husband to fear Allah and remember Him constantly since He Says {what means}: "Those who believe, and whose hearts find satisfaction in the remembrance of God: for without doubt in the remembrance of God do hearts find satisfaction.” {Ar-Ra`d/28}. It is also imperative that he completely stops cursing Allah The Exalted, makes sincere repentance, and be honestly determined not to commit this sin again for fear that his heart may get stained with the ill that he had done and be sealed by Allah as such, for those whom Allah misguides, none can guide. Allah Says {what means}: “O ye who believe! Turn to God with sincere repentance: In the hope that your Lord will remove from you your ills and admit you to Gardens beneath which Rivers flow, - the Day that God will not permit to be humiliated the Prophet and those who believe with him. Their Light will run forward before them and by their right hands, while they say, "Our Lord! Perfect our Light for us, and grant us Forgiveness: for Thou hast power over all things." {At-Tahreem/8}. And Allah Knows Best.

 

Chairman of the Iftaa` Board,

        Chief Justice, Izzaldeen At-Tamimi

Dr. Ahmad Hilayel

Dr. Yousef Ghyzaan    

Dr. Abdulsalam Al-Abbadi             

Dr. Wasif Abdulwahaab          

Sheikh Saeid Hijjawi     

Dr. Mohammad Abu Yahia               

Sheikh Nai`em Mujahid           

                                                             Sheikh Abdulkareem Al-Khasawneh                              

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Summarized Fatawaa

Is it permissible for the woman who is observing Iddah after her husband`s death to sit with her daughter`s suitor, although their marriage contract hasn`t been concluded yet?

All perfect praise be to Allah the Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
A suitor who hasn`t concluded the marriage contract isn`t a Mahram*, so he must be treated as such. And Allah The Almighty Knows Best.
* The period a woman must observe after the death of her husband or after a divorce, during which she may not marry another man.
* In Islam, a mahram is a member of one's family with whom marriage would be considered haram, concealment purdah, or concealment of the body with hijab, is not obligatory; and with whom, if he is an adult male, she may be escorted during a journey, although an escort may not be obligatory.

It was found out that a man divorced his wife for the third time in 2005, but they continued cohabiting as man and wife. However, when they realized that what they were doing was unlawful, they came the Iftaa` Department in 2009 and were told that they can`t be together. What is the position of Sharia on this couple?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Her Iddah* period starts after the third divorce. As for the continued cohabitation, it is unlawful because being ignorant about the rulings of Sharia while in Dar Al-Islam* is no valid excuse. If a baby came as the fruit of this unlawful consummation of marriage, then a judge of Sharia has the final say in this regard because lineage is a serious matter. And Allah The Almighty Knows Best.
* ʿIddah: a specified period of time that must elapse before a Muslim widow or divorcee may legitimately remarry. The Qurʾān (Sura,2/verse,228) prescribes that a menstruating woman have three monthly periods before contracting a new marriage; the required delay for a nonmenstruating woman is three lunar months.
* Dar Al-Islam: designates a territory where Muslims are free to practice their religion, though this often implies the implementation of Islamic law, whereas Dar al-Harb represents those lands ruled by non-believers

What is the ruling of Sharia on unregistered marriage in Jordan?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
Aishah narrated that the Messenger of Allah said: "Whichever woman married without the permission of her Wali her marriage is invalid, her marriage is invalid, her marriage is invalid. If he entered into her, then the Mahr is for her in lieu of what he enjoyed from her private part. If they disagree, then the Sultan is the Wali for one who has no Wali." [At-Tirmithi, Hadith No.1102]. The Prophet (PBUH) also said: "There is no marriage without a guardian and two honorable witnesses." Related in [Al-Mo`jam Al-Basit for At-Tabarani, pp.6366]. Registration of the marriage contract at Islamic court is necessary for the preservation of rights and failing to do so is punishable by Jordanian Law. And Allah The Almighty Knows Best

Is abortion permissible when the family isn`t ready to receive a new baby?

Abortion is forbidden unless it constituted a serious threat against the mother`s life based on the opinion of trustful and God fearing physicians.