Resolution No.(7) by the Board of Iftaa`, Research and Islamic Studies:
“Ruling on the Guardianship of an Apostate“
Question: Does apostasy make a father ineligible for guardianship over his family?
Answer: All perfect praise be 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.
All members of the Board have agreed that an apostate isn`t considered eligible for guardianship over his Muslim children, so long as he remains as such, for the following reasons:
1- The verse which reads: “And never will God grant to the unbelievers a way (to triumphs) over the believers.“ {An-Nissa`/141}.
2- Article No.(2) of the Jordanian Constitution states that Islam is the official religion of the state.
3- According to Sharia, an apostate deserves to be killed unless he reverts to Islam, and this is why he takes the rulings of the dead as far as his family affairs are concerned.
4- An apostate is no longer a member of the Muslim community, and this is why he takes the ruling of the dead.
Accordingly, once the Sharia judge passes the verdict that Mr.x is an apostate, and separates him from his wife, then there is no reason in Sharia that prevents issuing a family register in the wife`s name, in which her minor children are included as she becomes responsible for them. This is provided that the new register indicates the lineage of these children, and states that their father has become an apostate. And Allah Knows Best.
Iftaa` Committee