Question
Saliza and Mahadi knew each other since they were in the high school and tied a knot just after graduated from the same university. Their
Saliza and Mahadi knew each other since they were in the high school and tied a knot just after graduated from the same university. Their marriage was in a rock since last year. The situation became worse due to Covid-19 pandemic early this year. Mahadi who earns living from his high class restaurant, has experienced a reduced income since last year. The operation of the restaurant was later forced to be closed due to Movement Control Order (MCO) which is imposed by the Malaysian Government.They have taken many steps to save the marriage but to no avail. Unfortunately, the marriage breakdown ended last month with a divorce. After the divorce, both parties regret and wish to reconcile. Unfortunately, the divorce was effective with three talaqs.
Both of them sought an advice from a family law expert on the possibility of remarriage. The expert said that from Islamic point of view, there will be no chance for them to remarry unless the wife marry another man, consummate the marriage, divorce with new husband and wait until the expiry of iddah period.
They felt very disappointed and plan to hire someone to marry Saliza and later shall divorce her. Mahadi bumped into Osman, a poor man, who subsequently agrees to be hired for the stated purpose.
Based on the above case, give solutions to the issues below: -
1)MCO which is imposed by the government has somehow caused difficulties to certain people to earn their living. Discuss the position of MCO as implemented by the government from the perspective of Islamic Jurisprudence.
2)Determine the validity of the act of Mahadi hiring Osman to marry Saliza in order to divorce her later.
3)MCO has also caused mental health problems to some individuals. Discuss the application of Maslahah Mursalah and Sadd Al-Dharai to the law concerning mental health care in Islam.
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