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from the Islamic University, Al-Imam Muhammad Bin Sa’oud Islamic University in
Saudi Arabia, and graduates who studied Islamic sciences from scholars at
Mosques and other Islamic educational institutes in Yemen and Mauritania. This
special committee is headed by Dr. ‘Abdullah Al-Faqeeh, specialist in
Jurisprudence and Arabic language.
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Islamic views.
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Mereka berkata di dalam Fatwa No : 86531 bertarikh 18 Ramadhaan
1424 / 13-11-2003 yang bertajuk ‘Mut'ah
of a divorced woman’:
Question
What's the punishment
of a man who swore by Allah not to tell the secret which his wife told him
about, nobody knows about it, and she told her husband as kind of truthfulness
to him but he exploited the first chance of quarrel between him and his wife and
told his brothers and sisters about it? In other words, he told her secret to
everyone to the degree that the matter reached divorce and complicated the
situation and they did not accept any reconciliation, and he says, that the
family of his wife cheated them of not telling them about that matter which his
wife told him about? The man who deserted his wife without giving her any
money or asking about her, what religion says about that? What can the wife do?
Answer
All perfect praise be
to Allah, The Lord of the Worlds. I testify that there is none worthy of
worship except Allah, and that Muhammad s.a.w. is His slave and Messenger.
A person should
conceal the secret which he is trusted with, according to the saying of the
Prophet s.a.w.:
"There is no
trust for a person who does not keep the secret, and there is no religion for a
person who has no promise." [Ahmed] Moreover, the Prophet s.a.w. said: "If a person
reports something and then goes away, then this is considered as a trust".
[Abu Daawood and At-Tirmithi]
However, if anybody
knows that a third party could be harmed, then he is obliged to inform him in
order to prevent the harm from occurring. In this case, it is permissible for
you to reveal the secret.
For example, if a
person informs someone that he is going to harm another person -without any
right- and asks him to keep the secret, then there is no harm to warn the
person going to be subjected to that harm.
This is not with the
view of backbiting or breaking their relationship, but with the view of
advising and warning; even if he swears not to inform anybody with what he is
trusted with. In this case, he must expiate for the oath that he made which is
to feed ten poor people, or clothe them, or to free a slave, and if he cannot
find any of these, then he must fast for three days. Allah Says (what means):
{Allah will not
impose blame upon you for what is meaningless in your oaths, but He will impose
blame upon you for [breaking] what you intended of oaths. So its expiation is
the feeding of ten needy people from the average of that which you feed your
[own] families or clothing them or the freeing of a slave. But whoever cannot
find [or afford it] — then a fast of three days [is required]. That is the
expiation for oaths when you have sworn. But guard your oaths. Thus does Allah
make clear to you His verses [i.e. revealed law] that you may be grateful ...}
[Quran 5:89]
On the other hand,
the jurists agreed
that a divorced woman is legally entitled to be maintained, which is that the
husband divorcing her is obliged to provide her with money (or wealth) in order
to please her.
The basis for this is
the Saying of Allah (which means):
{There is no blame
upon you if you divorce women you have not touched nor specified for them an
obligation. But give them [a gift of] compensation-the wealthy according to his
capability and the poor according to his capability – a provision according to what
is acceptable, a duty upon the doers of good.} [Quran 2:236]
However, the scholars differed in opinion whether the meaning of the order in the verse is an
obligation or just a preference.
One group (of
scholars) advances one opinion and the second group favours another opinion.
Al-Qurtubi said
in his Tafseer (interpretation of the
Quran) that the scholars differed regarding the pronoun (them); to whom does it
refer to exactly among the women? Ibn 'Abbaas , Ibn 'Umar, Jaabir
Bin Zayd, Al-Hassan, Ash-Shaafi'i, Ahmed, Ataa', Is-haaq and
the scholars of the Hanafi School of jurisprudence, said: "to bestow on
them a suitable gift", is compulsory upon the husband to give to the wife
whom he divorced before having sexual intercourse and before specifying a dowry
for her, and this is desirable for other divorcees.
Imam Malik and
the scholars of his School said:
"Bestowing a suitable gift is preferable for every divorced woman, even if
the husband had already had sex with her. However, if he did not have sex with
her and he had fixed a dowry for her, then she is entitled to half of the dowry
which he had fixed for her and he is not, to provide her with any gift."
However, if the
marriage is dissolved, there is no gift for the woman according to the Maliki
School of jurisprudence, basing their opinion on the Saying of Allah:
{And for divorced
women is a provision according to what is acceptable- a duty upon the
righteous.} [Quran 2:241]
Nonetheless, the
scholars of the Hanafi School are
of the view that maintenance must be provided for such women.
We should like to
draw your attention to the two following matters:
1. The scholars differed in opinion
regarding the gift (for a divorced woman). Some of them say that the highest
gift is to provide her with a servant, clothing, and food. And some of them say
that the lowest provision would be a dress and a veil. However others say that
there is no maximum and no minimum for it. Perhaps, this last opinion is the
correct one as it corresponds to the meaning of the verse:
{But give them [a gift of]
compensation-the wealthy according to his capability and the poor according to
his capability.} [Quran 2:236]
2. This gift is not dropped because of ignorance; even
after many years had passed, let's say after the re-marriage of the wife or her
death.
Finally, we advise
you to avail of pious and righteous persons to reconcile between this wife and
her former husband, hoping that they may both forget what had happened and
start a new marital life.