Artikal dari Pakistan

Berikut ialah sebuah artikal yang dipetik dari laman web http://www.islamweb.net Laman ini adalah mengenai pendapat suatu pasukan pakar mengkaji fatwa di Pakistan. Menurut laman tersebut:

Fatwa Team

In this site, there is a committee of specialists that is responsible for preparing, checking and approving the Fatwa. This committee comprises a group of licentiate graduates 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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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.