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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Date Added : 29-11-2015

 

Resolution No.(22) by the Board of Iftaa`, Research and Islamic Studies:    

“Marriage of Challenged Individuals“

Date: 20/11/1411 A.H, corresponding to 3/6/1991 A.D

 

We have received the following question:
What is the ruling of Sharia on the marriage of challenged individuals?
Answer:
All success is due to Allah, The Lord of The Worlds, and May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
Having reviewed article (120) of the Jordanian Civil Status Law which grants a wife the right to ask for separation in case her husband became insane after the conclusion of their marriage contract, and the articles (113-119) which give her/him the right to ask for dissolution of marriage due to illnesses and diseases, the Board is of the view that it is permissible to confine the marriage of an individual afflicted with a disability, repulsive disease, or a disease that  could be transmitted to others or to his offspring, whether his disability was mental, physical, or psychological. It is also permissible to confine the marriage of an individual inflicted with a handicap, or was genetically handicapped, by obtaining a permission from a Sharia judge, by analogy to the ruling applied to the person inflicted with insanity, or idiocy, which undermines the very purpose of marriage itself.
The ruling in such cases depends on the judge`s decision and assessment of the best interest of both spouses, provided that each case is considered separately and after submitting a certified medical report from a specialized committee of expert doctors, showing that his disability or illness is incurable, and that he is likely to beget children inflicted with the same disabilities. In this case, the judge is entitled to stop this marriage before the conclusion of the contract to avoid any future harms since in this situation marriage loses its purpose, and causes embarrassment or harm to one of the spouses or to both of them. And Allah Knows Best.

 

Chairman of the Iftaa` Board, Chief Justice Mohammad Mohailan
The Grand Mufti of Jordan, Izzaldeen At-tamimi
Dr. Abdusallam Al-Abbadi
Dr. Umar Al-Ashkhar
Dr. Yaseen Daradkeh
Dr. Abdulahaleem Al-Ramahi
Sheikh Ratib Al-Zahir
Sheikh Ibrahim Khashan
Dr. Abdullahlim Ar-ramahi

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Summarized Fatawaa

Is it permissible for a woman to sit with her brothers-in-law?

It is impermissible for a woman to sit with her brothers-in-law, and it is also impermissible for a person to have a Khulwa (seclusion) with his sister-in-law.

What is the Islamic ruling on adoption, and what is the legal window through which a person can be kind to an orphan girl, attend to her needs and raise her as his own?

Kindness to an orphan entails a great reward from Allah, but adoption is prohibited and invalid. Therefore, it is permissible for the aforementioned person (for example) to make his brother`s wife breastfeed that girl so that he becomes her uncle by suckling provided that he informs her that she isn`t his biological daughter.

What is the ruling of Sharia when a man releases his sperm out of his wife`s vagina?

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.
This is called coitus interruptus and it is permissible according to Sharia when practiced by agreement of both spouses. And Allah The Almighty Knows Best.

I`m married to an American citizen who used to be married to a man in Mexico and filed for divorce there. It is worth pointing that in America she isn`t registered as married. When she arrived in Jordan, her lawyer called and told her that she got the divorce, and based on this we got married in Jordan. What is the ruling of Sharia on this?

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.
 
You haven`t mentioned whether this woman has converted to Islam or not. If she had embraced Islam and three menstrual cycles passed, but her first husband hasn`t converted to Islam, then her relationship with him is over. If you married her after this (Passing of three menstrual cycles and first husband not having embraced Islam) then your marriage is valid. However, if she didn`t convert to Islam then your marriage contract with her is invalid and you have to wait until she gets divorced by her first husband and observes Iddah, which is three menstrual cycles. Afterwards, you can conclude the marriage contract. We pray that Allah doesn`t hold you to account for what you have done because you thought she was divorced. We recommend that you seek Allah`s forgiveness as much as you can and do righteous deeds. We also advise you to marry a Muslim woman to preserve your and your children`s religion since Almighty Allah Says (What means): "Wed not idolatresses till they believe…" [Al-Baqarah/ 221]. It is true that marrying a Kitabi (One who believes in a book of sacred scriptures and with whom a Muslim may marry in what is deemed a lawful marriage) is permissible, it involves great risks, as stated in the aforementioned verse. And Allah The Almighty Knows Best.
 

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