Fatwa's Insights

THE 55TH MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2021

22 - 23 NOVEMBER 2021 / 17 - 18 RABIUL AKHIR 1443H

FATWA ON THE LINEAGE OF CHILDREN FROM THE MARRIAGE OF A MUSLIM MAN WITH A KITABIYYAH WOMAN

Based on the Perlis Fatwa issued on 1 June 2010 regarding the permissibility of marriage with women of the People of the Book (ahlul kitab), the child born as a result of such marriage is legitimately attributed in lineage to the father and is a Muslim. Consequently, all related rulings are also established.

Approval of the Members of the Perlis State Fatwa Committee:

1. YBhg. S.S Prof Madya Dato' Arif Perkasa Dr Mohd Asri Bin Zainul Abidin – Mufti of the State of Perlis

2. Sahibul Fadhilah Ustaz Tajul Urus bin Abdul Halim – Deputy Mufti of Perlis

3. Sahibul Fadhilah Dato' Dr. Johari Bin Mat

4. Sahibul Fadhilah Profesor Dr. Basri bin Ibrahim

5. Sahibul Fadhilah Prof Madya Dr. Muhamad Rozaimi bin Ramle

6. Sahibul Fadhilah Dr. Hj Zaharuddin Bin Hj Abdul Rahman

7. Sahibul Fadhilah Prof. Madya Dr. Azman Bin Mohd Noor

8. Sahibul Fadhilah Prof Madya Dr. Mohd Akram Bin Dato' Dahaman @ Dahlan

9. Sahibul Fadhilah Dr. Kamilin Jamilin @ Ahmad Kamil Jamilin

10. Sahibul Fadhilah Dr Ahmad Sufian Bin Che Abdullah

11. Sahibul Fadhilah Prof Madya Dr Ahmad Wifaq Bin Mokhtar

12. Sahibul Fadhilah Ustaz Syed Abu Bakar Bin Syed Kamal Bharin

13. Ustaz Muhammad Khidhir Bin Abdul Ghani – Secretary

Endorsed at the Meeting of the Perlis Islamic Religious Council and Malay Customs (Majlis Agama Islam dan Adat Istiadat Melayu Perlis) Bil. 1/2022 on 20 January 2022.

THE 54TH MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2021

8 - 9 SEPTEMBER 2021 / 1 - 2 SAFAR 1443H

RULING ON DIVORCE DUE TO THE WIFE DOING MATTERS DISLIKED BY THE HUSBAND

1. If a husband divorces his wife through ta'liq (conditional divorce) with the intention of effecting divorce and that circumstance occurs, then the divorce is executed according to the sequential number of divorces he has previously pronounced.

2. If a husband divorces his wife through ta'liq without the intention of effecting divorce but merely to threaten or to express hatred towards the matter conditionally stated, then the divorce is not executed. This is because actions are based upon intentions.

3. Scholars who hold this opinion consider it as part of an oath, whereby the one who made it must fulfill the expiation for an oath by means of feeding or clothing ten poor persons or freeing a slave. If he is unable, he must fast for three days. This is based upon verse 2 of Surah al-Tahrim.

4. If a husband has divorced his wife by associating it with a past matter and he knows that it has occurred, then the divorce is deemed to be executed immediately. This is because ta'liq regarding on past events implies intent to divorce, not to threaten or express hatred.

5. If a husband divorces his wife by linking it to something he suspects has not yet occurred, but it turns out that the matter has already taken place, then the talaq does not take effect if the husband's intention was not divorce but rather to threaten or intimidate his wife from committing that act. This is because the basis of a person's statement is judged by its apparent meaning. A threat does not apply apparently except to matters anticipated in the future.

6. Divorce is a provision granted by the Shariah for the purpose of the spousal welfare. A Muslim must not trivialize the provision granted by the Shariah for the purpose of welfare in familial relationships.

Approval of the Members of the Perlis State Fatwa Committee:

1. YBhg. S.S Prof Madya Dato' Arif Perkasa Dr Mohd Asri Bin Zainul Abidin – Mufti of the State of Perlis

2. Sahibul Fadhilah Prof Dato' Kaya Bakti Dr. Mohd. Radzi bin Haji Othman

3. Sahibul Fadhilah Dato' Dr. Johari Bin Mat

4. Sahibul Fadhilah Profesor Dr. Basri bin Ibrahim

5. Sahibul Fadhilah Prof Madya Dr. Muhamad Rozaimi bin Ramle

6. Sahibul Fadhilah Dr. Hj Zaharuddin Bin Hj Abdul Rahman

7. Sahibul Fadhilah Prof Madya Dr. Mohd Akram Bin Dato' Dahaman @ Dahlan

8. Sahibul Fadhilah Dr. Kamilin Jamilin @ Ahmad Kamil Jamilin

9. Sahibul Fadhilah Dr Ahmad Sufian Bin Che Abdullah

10. Sahibul Fadhilah Prof Madya Dr Ahmad Wifaq Bin Mokhtar

11. Sahibul Fadhilah Ustaz Syed Abu Bakar Bin Syed Kamal Bharin

12. Ustaz Muhammad Khidhir Bin Abdul Ghani – Secretary

Endorsed at the Meeting of the Perlis Islamic Religious Council and Malay Customs (Majlis Agama Islam dan Adat Istiadat Melayu Perlis) Bil. 4/2021 on 14 September 2021.

THE 54TH MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2021

8 - 9 SEPTEMBER 2021 / 1 - 2 SAFAR 1443H

RULING ON WIFE DISOBEYING HUSBAND'S PROHIBITION ON TAKING MEDICINE

1. It is obligatory upon a wife to obey her husband in matters that are not constituting sin or do not cause harm to herself or others.

2. If a wife is convinced, based on expert opinion, that taking certain medicine will cure her illness or protect her from harm, she may do so even without her husband's consent. Violating his prohibition in this regard does not constitute rebellion.

Approval of the Members of the Perlis State Fatwa Committee:

1. YBhg. S.S Prof Madya Dato' Arif Perkasa Dr Mohd Asri Bin Zainul Abidin – Mufti of the State of Perlis

2. Sahibul Fadhilah Prof Dato' Kaya Bakti Dr. Mohd. Radzi bin Haji Othman

3. Sahibul Fadhilah Dato' Dr. Johari Bin Mat

4. Sahibul Fadhilah Profesor Dr. Basri bin Ibrahim

5. Sahibul Fadhilah Prof Madya Dr. Muhamad Rozaimi bin Ramle

6. Sahibul Fadhilah Dr. Hj Zaharuddin Bin Hj Abdul Rahman

7. Sahibul Fadhilah Dr. Kamilin Jamilin @ Ahmad Kamil Jamilin

8. Sahibul Fadhilah Dr Ahmad Sufian Bin Che Abdullah

9. Sahibul Fadhilah Prof Madya Dr Ahmad Wifaq Bin Mokhtar

10. Sahibul Fadhilah Ustaz Syed Abu Bakar Bin Syed Kamal Bharin

11. Ustaz Muhammad Khidhir Bin Abdul Ghani – Secretary

Endorsed at the Meeting of the Perlis Islamic Religious Council and Malay Customs (Majlis Agama Islam dan Adat Istiadat Melayu Perlis) Bil. 4/2021 on 14 September 2021.

THE 52ND MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2021

19 - 20 MAC 2021 / 6 - 7 SYA'BAN 1442H

FATWA ON NAME AND PATRONYMIC CHANGES FOR CONVERTS

1. Islam does not mandate that a person embracing the Islamic faith change their father's name to Abdullah. Indeed, if such a change negates a father's right to justice and causes confusion regarding lineage, it is prohibited. This aligns with the decree of Allah SWT in Surah al-Ahzab (33:5): 

ٱدۡعُوهُمۡ لِأٓبَآئِهِمۡ هُوَ أَقۡسَطُ عِندَ ٱللَّهِۚ

Meaning: Call them (adopted children) by (using) the names of their fathers; that is more just in the sight of Allah.

2. It is permissible to change one's own name to another bearing a good meaning (in any language) after embracing Islam. It is indeed encouraged if the original name is inappropriate in terms of meaning or societal implications.

3. It is obligatory upon a Muslim to change their name if the original carries a meaning contrary to the Shariah.

Approval of the Members of the Perlis State Fatwa Committee:

1. YBhg. S.S Prof Madya Dato' Arif Perkasa Dr Mohd Asri Bin Zainul Abidin – Mufti of the State of Perlis

2. Sahibul Fadhilah Prof Dato' Kaya Bakti Dr. Mohd. Radzi bin Haji Othman

3. Sahibul Fadhilah Dato' Dr. Johari Bin Mat

4. Sahibul Fadhilah Profesor Dr. Basri bin Ibrahim

5. Sahibul Fadhilah Prof Madya Dr. Muhamad Rozaimi bin Ramle

6. Sahibul Fadhilah Dr. Hj Zaharuddin Bin Hj Abdul Rahman

7. Sahibul Fadhilah Prof. Madya Dr. Azman Bin Mohd Noor

8. Sahibul Fadhilah Prof Madya Dr. Mohd Akram Bin Dato' Dahaman @ Dahlan

9. Sahibul Fadhilah Dr. Kamilin Jamilin @ Ahmad Kamil Jamilin

10. Sahibul Fadhilah Dr Ahmad Sufian Bin Che Abdullah

11. Sahibul Fadhilah Prof Madya Dr Ahmad Wifaq Bin Mokhtar

12. Sahibul Fadhilah Ustaz Syed Abu Bakar Bin Syed Kamal Bharin

13. Ustaz Muhammad Khidhir Bin Abdul Ghani – Secretary

Endorsed at the Meeting of the Perlis Islamic Religious Council and Malay Customs (Majlis Agama Islam dan Adat Istiadat Melayu Perlis) Bil. 2/2021 on 22 March 2021.