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Resolutions of Iftaa' Board

Resolution No. (316): "Proposed Amendments to the Rights of the Child Law"

Date Added : 03-01-2023

 

Resolution No.(316): "Proposed Amendments to the Rights of the Child Law"

 

Date: (10 Safar, 1444 AH), corresponding to (6/9/2022 AD).

 

Praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

In its thirteenth meeting held on the above date, the Board of Iftaa` reviewed the Child Draft Law (2022) presented to the Board by some in official quarters.

After deliberating for three successive meetings (11, 12, and 13/2013), the Board has recorded the following notes on the articles of this Law:

First: Adding the following provision to the draft law:

"A-The family is the basis of society and its mainstays are religion, morals, and patriotism, and the child has the right to live in its family.

B- Parents shall bear the responsibility for the upbringing, guidance, care, and growth of their child, and the competent authorities shall take the necessary measures to enable the family maintain its role and perform the functions and duties entrusted to it."

Second: "We recommend a provision, to be stated in the law, which takes the various age levels of the child into consideration."

Third: Article (4): "The child shall have the right to enjoy all the rights set forth in this law with paying special attention to religious values and general ethics or rights and reputation of others, or securing national security, public order, or public health."

Fourth: Article (9): "In accordance with the related legislations."

Proposed amendment: "In accordance with personal status legislations." These are rulings of Sharia stated in personal status legislations exclusively.

Fifth: Article (12): "Enabling the family to perform its essential role in child upbringing, education, and providing it with the needed care to guarantee its normal growth to the fullest."

Proposed amendment: "This phrase is to be deleted since it was stated in the proposed new article "First" mentioned above."

Sixth: Article (13): "Replacing the phrase "Extended Family" with "Nuclear Family" and adding a phrase at the end of the article to make it read as follows: "In accordance with the relevant legislations taking the best interest of the child into consideration in line with what courts competent in matters of personal status see fit."

Seventh: Article (15)/B: "The child`s parents shall adhere to…"

Proposed amendment: "The child`s Wali (Guardian) shall adhere to…"

Eighth: Article (16)/C: "And its sexual health."

Proposed amendment: "Health", and deleting the word "Sexual."

Ninth: Article (17)/A/ (1): "Enabling the child and its parents."

Proposed amendment: "Enabling the child and its Wali (Guardian)."

Tenth: Article (18)/A: "The child has the right to participate….etcetera"

Proposed amendment: "Taking into account the rights and responsibilities of the Wali (Guardian) or the person entrusted with looking after the child, the child has the right to….etcetera."

Eleventh: Article (18)/B: "Child`s participation in determining and implementing the recreational, cultural, artistic, and scientific programs."

Proposed amendment: "Providing and implementing the recreational, cultural, artistic, and scientific programs."

Twelfth: Article (20)/C: "Despite what is stated in any legislation, having the capacity as parents or person entrusted with looking after the child isn`t an excuse to commit any of the acts included in this Article."

Proposed amendment: "Paragraph C is to be deleted from this Article."

Thirteenth: Article (21)/C: "In a way that guarantees, where possible, keeping the child in its extended family`s environment."

Proposed amendment: "In a way that guarantees, where possible, keeping the child in its nuclear family`s environment."

Fourteenth: Article (24)/C.

Proposed amendment: "Paragraph C is to be deleted because it is contrary to paragraph (A), which restricted assistance to current legislations which could include formal and objective rules and restrictions.

Fifteenth: Article (30): "The National Council for Family Affairs shall prepare periodic reports on child`s rights stated therein, and to that end, shall form the competent committees and national teams, and be assisted by any party. The reports are to be submitted to the Council of Ministers."

Proposed amendment: "The National Council for Family Affairs shall prepare periodic reports on child`s rights stated therein provided that it doesn`t dwell on the legal processes, and to that end, shall form the competent committees and national teams, and be assisted by any party. The reports are to be submitted to the Council of Ministers."

Sixteenth: Adding a new separate article that states: "It is prohibited to publish, offer, distribute, reproduce or possess any printed matter or audio-visual material that panders to children's basest instincts, projects a positive image of behavior that offends against society's values or traditions, or encourages children to engage in delinquency."

 

Grand Mufti of Jordan, Sheikh Abdulkareem Al-Khasawneh

Dr. Mohammad Al-Khalayleh/ Member

Prof. Mahmoud Al-Sartawi/ Member

Sheikh Sa`eid Hijjawi/ Member

Prof. Amjad Rasheed/ Member

Prof. Adam Nooh Al-Qhodah/ Member

Dr.Hasan Makhatreh/ Member

Dr. Jameel Khatatbeh/ Member

Dr. Ahmad Al-Hasanat/ Member

Dr. Mohammad Younes al-Zou`bi/ Member

 

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Summarized Fatawaa

What is the ruling on using snuff, inhaled vapor, or menthol rub (Vicks) during the day in Ramadan?

Using snuff, inhaled vapor, or menthol rub (Vicks) invalidates the fast because these substances enter the lungs through inhalation, and the lungs are considered part of the body cavity (jauf).
Whoever uses them must refrain from eating and drinking for the rest of the day out of respect for the sacred month and make up for that day after Ramadan.
However, if it is merely a scent and none of its substance reaches the body cavity, it does not break the fast.

Is it permissible to slaughter a sheep on Eid al-Adha with the intention of charity (sadaqah) on behalf of a sick person, and with the intention of udhiyah (sacrificial animal) at the same time?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The udhiyah (sacrificial animal) is an act of worship intended for its own sake; therefore, it must be slaughtered with the intention (niyyah) of udhiyah.
 
Whoever intends to draw closer to Allah through this act of obedience with the intention of udhiyah, and also intends to gift the reward to another person, there is no Islamic objection to that. And Allah Almighty knows best.

If someone fasts on the White Days with the intention of making up for missed fasts (qada), will they receive the reward for both voluntary and obligatory fasting?

Making up missed obligatory fasts (qada) is mandatory, and the intention for qada must be specified.
If a person makes up their missed Ramadan fasts on the White Days, they must intend qada, but they may also intend to fast the White Days, and Allah willing, they will receive the reward for both.
This is similar to entering a mosque and praying an obligatory prayer, where the person also earns the reward of Tahiyyat al-Masjid (greeting the mosque) if they intend both.
● If the person missed their fasts due to a valid excuse, they may wait and fast on the White Days.
● However, if they missed the fasts without a valid excuse, they must make up the fasts immediately and should not delay them until the White Days.

Who is required to give fidyah for fasting?

Fidyah—feeding one needy person for each missed fasting day—is required for:
1. Those who are permanently unable to fast, such as:
○ Elderly men and women who are too weak to fast.
○ People with chronic illnesses that have no hope of recovery.
2. Pregnant or breastfeeding women who break their fast out of fear for their child (fetus or infant).
3. A person who delays making up Ramadan fasts (qada) until the next Ramadan begins, without a valid excuse.
4. The estate of a deceased person who had missed obligatory fasts and had the ability to make them up but did not do so.

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