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Resolutions of Iftaa' Board

Resolution No.(52)" :A Proposed Amendment to the Rights of the Child Law"

Date Added : 07-01-2016

Resolution No.(52): "A Proposed Amendment to the Rights of the Child Law"
Date: 29/7/1422 AH, corresponding to 16/10/2001

We have received the following question:

What is the ruling of Islamic Sharia on the sections of the rights of the child draft law?

Having reviewed the above draft law, the Board arrived at the following:

Article (4), paragraph (B): "A child who is deprived from family welfare has the right to nursery or foster care in line with the rules of Islamic Sharia, and he should be provided with a dwelling at a child care organization or a foster family in the Kingdom."

The Board is of the view that this article should be rephrased as follows:

"A child who is deprived from family welfare has the right to nursery or foster care, and he/she should be provided with a dwelling at a child care organization or a foster family in the Kingdom in line with the rules of Islamic Sharia."

Article (7), paragraph (B): "All official as well as non-official organizations concerned with providing child services should give priority to children at times of conflict and catastrophe."

The Board is of the view that this paragraph should be amended and rephrased because the meaning of (give priority) isn`t clear.

Article (9): "Despite the sections, of any other law, which specify the age of marriage at eighteen and give an exception to those who have completed sixteen years of age to conclude their marriage contract after obtaining a permission from the Supreme Judge."

The Board views that the above article should be deleted because the Jordanian Personal Status Law (1) has specified the age of marriage.

Article (16): "In case a report was submitted by the committee recommending separating the child from his family when it is proven that he had been subjected to any act of abuse referred to in paragraph (A) or it was proven that he is in need for special care that can`t be provided by his family."

The Board views that the preposition (on) should be changed into (to).

Article (17): "The court of competent jurisdiction may not issue a verdict to separate a child from his family save after the following:

A) Confirming the abuse stated in article (16).

B) Submitting a report from the committee recommending that the separation is necessary.

C) Providing the child with a foster family or a proper place where he can enjoy peace and security.

The Board views that this article should be deleted because the court`s verdict doesn`t rest on the report submitted by the committee recommending the separation, and many cases are usually referred to the judge directly without any reports.

Article (19), paragraph (B): "Foster care is undertaken by a foster family or a social welfare organization in accordance with a regulation issued to this purpose."

The Board views that the phrase (in line with the rules of Islamic Sharia) should be added at the end of this paragraph.

Article (21): The Board views that the word (The disabled) should be deleted from this article and wherever it is stated, and should be replaced with (People with special needs). And Allah Knows Best.

Chairman of the Iftaa` Board, The Supreme Judge, Izzuldeen At-Tamimi
          Dr. Abdulsalam Al-abbadi
  Dr. Yousef Ghyzaan
Dr. Wasif Al-Bakhri
        Sheikh Sa`eid Al-Hijjawi
               Sheikh Mahmood Shewayat
         Dr. Mahmood Abu Yahia
Sheikh Na`eim Mujahid

Note (1): Article (5) of the Jordanian Personal Status Law was amended in 2001 to read as follows: "Marriage eligibility stipulates that the suitor and his fiance are discerning and have completed eighteen years of age; however, it is permissible for the Sharia judge to permit their marriage if any of them hasn`t reached that age in case he/she has completed fifteen years, and there is a benefit behind such marriage, as determined by the regulations which the Supreme Judge issues to this purpose."

 

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Summarized Fatawaa

Is there a solution to put an end to thinking of worries during prayer?

Firstly, make ablution after the time for prayer begins and busy yourself with remembering Allah, The Exalted, before the iqaamah (start of prayer).In order to become humbly submissive during prayer, you must perform prayer in congregation. After the prayer ends, stay in your place and read the post-prayer remembrances (Adhkaar) and make supplication to Allah, The Exalted.

If the menses lasted for over than 9 to 10 days, considered menstruation?

If the duration of the bleeding does not exceed fifteen days, it is all considered menstruation, even if the usual pattern changes.

Is a person who is in a state of Janabah (major ritual impurity due to having a marital intercourse, ejaculation, menstruation, and post-delivery impurities) sinful if he/she goes about his/her daily life activities in that state i.e. without making Ghusl (ritual bath)?

It goes without saying that a Muslim should always be in a state of ritual purity so as to be able to perform prayers and recite Quran. It is from Sunnah (Prophetic tradition) that a Muslim hastens to make Ghusl from Janabah, but he/she is not sinful in case he/she delayed that provided that he/she doesn`t miss prayers. However, it is permissible for him/her to go about their daily activities while in a state of Janabah, but had better bathe in order not to miss any prayer.

What are the legal and religious consequences for a charitable organization in the event that a sacrificial animal is damaged or spoiled after slaughter?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
Charitable organizations entrusted with slaughtering sacrificial animals (uḍḥiyyah) and distributing their meat on behalf of their owners are obligated to safeguard the meat from spoilage, damage, theft, and any other harm. This is because such organizations act as agents (wukalā') on behalf of those offering the sacrifice, and an agent holds what is entrusted to them in trust (amānah) — whether they receive a wage for their work or act on a voluntary basis.
If the sacrificial animal is damaged after slaughter during the processes of packaging, transportation, or storage due to negligence or oversight — whether on the part of the organization's own staff overseeing the operation, or on the part of third parties contracted by the organization such as transport or shipping companies — then liability falls upon the negligent party, who is required to compensate for the value of the sacrifice. It is not permissible to cover such compensation from the organization's other donor funds.
However, if the damage to the sacrificial animal occurs without any negligence in its preservation and storage on the part of any party involved in the transportation, shipping, or storage process, and is instead attributable to force majeure circumstances beyond their control, then no financial liability is borne by any party in such a case. And Allah Almighty knows best.

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