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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Date Added : 28-10-2015

Resolution No.(29): “Ruling of Sharia on the UN General Assembly`s Convention on Consent to Marriage“

Date: 7/9/1412 AH corresponding to 11/3/1993 AD.

 

The Board has received the following question:

What is the ruling of Islamic Sharia on the UN General Assembly`s Convention on Consent to Marriage?

Answer: All success is due to Allah, The Almighty.

The Board is of the view that the convention relies in its preamble on that which violates the provisions of Islamic Sharia as well as the consensus of Muslim scholars for it states that: “Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and found a family.“

 

Still, it is axiomatic that Islamic Sharia forbids the marriage of a Muslim woman from a non-Muslim, and considers such marriage invalid.

In addition, the above provision is in violation of the provisions of the Jordanian Constitution, particularly articles (2,103,105), which stipulate implementing the rules of Islamic Sharia as regards personal status issues such as marriage and the rulings pertaining to it.

The UN General Assembly`s provision also violates the effective Jordanian Civil Status law, particularly article (33).

As a result, the Board unanimously agrees on disapproving this convention, and doesn`t recommend entering into it or approving of it since the H.K.J is distinguished with its wise Hashemite leadership. And Allah Knows Best.

 

Chairperson of the Iftaa` Board, Chief Justice Dr.Nooh Al-Qodaat

Acting Mufti General, Sheikh Saeid Hijjawi

     Dr. Umar Al-Ashkharr

Dr. Abdassalam Al-Abbadi

Dr. Ahmad Hilayel

        Mohammad Mohailaan

     Sheikh Ratib Az-zahir

              Dr. Yaseen Daradkeh         

 

 

 

 

 

 

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Summarized Fatawaa

What is the Iddah period upon death of husband? What is the ruling when the woman observing Iddah after death of husband leaves her home to visit relatives although her Iddah hasn`t ended? What is the ruling on her wearing gold during Iddah period?

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.
For a woman whose husband has died, the 'Iddah*  is four months and ten days after the death of her husband. If a woman is pregnant, the 'Iddah lasts until she gives birth. Moreover, she has to mourn, not wear gold, perfume nor saffron-colored garment. The evidence on this is that The Prophet (PBUH) said: "It is not lawful for a Muslim woman who believes in Allah and the Last Day to mourn for more than three days, except for her husband, for whom she should mourn for four months and ten days." [Agreed upon]. And Allah The Almighty Knows Best.
 
*The iddah is a waiting period that a Muslim woman observes after the death of her husband or after a divorce. The Quran says: For those men who die amongst you and leave behind wives, they (the wives) must confine themselves (spend iddah) for four months and ten days.

Is it permissible for me to make up for my late father`s missed fasts? and should I make an intention to this end by saying: "I intend to make up for my late father`s missed fasts?

It is permissible to fast on behalf of the deceased father in order to make up for his missed fasts, and you should make the intention for offering fast from night time, but uttering the intention isn`t a condition. And Allah Knows Best.

Is it incumbent on a husband to pay the alimony of his wife if she had left him and stayed at her parent`s without his permission?

When a wife leaves her house, and stays at her parent`s without asking her husband, she is considered a Nashiz (wife who refuses to abide by her husband’s orders), and so she doesn`t deserve an alimony.

What is the amount of Zakah (obligatory charity) due on articles of merchandise?

The amount of Zakah due on articles of merchandise is (2.5%) of each article`s value after a whole lunar year had lapsed.

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