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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

What is the ruling of Islamic Law on the colored discharges that appear one or two days before the menstrual cycle?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Colored discharges carry the same Islamic ruling as blood, whether they appear at the beginning or the end of the menstrual period. This remains true even if the discharge is intermittent—appearing for some days and stopping for others before returning—provided that the total duration does not exceed fifteen days nor fall short of a day and a night (24 hours). This is because the minimum duration of menstruation (Hayd) is one day and a night, while its maximum duration is fifteen days. Furthermore, the minimum period of purity (Tuhr) between two menstrual cycles is fifteen days, and there is no maximum limit for it. And Allah the Exalted knows best."

Is a woman's prayer performed while following an Imam whose prayer is being broadcasted via the television valid, and does she receive the reward of congregational prayer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Among the conditions for the validity of following an Imam (Iqtida’) is that the Imam and the follower must be in the same location. Therefore, the prayer of one who follows an Imam whose prayer is being broadcasted via television from a distant location is not valid. However, if the follower is with the Imam in the same mosque, the prayer is valid. And Allah the Exalted knows best.

What is the ruling of Islamic Law on performing ṭawāf on the upper floors of al-Masjid al-Ḥarām, given that these floors are situated above the level of the Ka‘bah, and that the one performing ṭawāf passes by certain barriers, such as pillars and walls, during the ṭawāf?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
There are numerous conditions for the validity of ṭawāf (circumambulation around the Ka‘bah), among them: that the one performing ṭawāf be inside the Masjid (al-Masjid al-Ḥarām) — even if the Masjid has been expanded, so long as the expansion does not extend out into al-ḥill (land outside the sanctuary boundaries). It suffices for the ṭawāf to be performed in the airspace of the Masjid or upon its roof, even if that roof is higher than the Ka‘bah (the House) itself.
Al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "It [ṭawāf] is valid upon the roof of the Masjid, even if the roof of the Masjid is higher than the House — just as prayer [is valid] upon Mount Abū Qubays despite its elevation above the House. This is the relied-upon (mu‘tamad) position." [Mughnī al-Muḥtāj, Vol.2/P.246]
The validity of the tawaf isn`t affected by the pillars and walls standing between the one performing ṭawāf and the House, since the condition is only that the person performing ṭawāf be within the boundaries of the Masjid and outside the boundaries of the Ka‘bah itself.
Ash-Shirbīnī said: "It [ṭawāf] is valid inside the Masjid, even if it is expanded, and even if a barrier stands between the one circumambulating and the House — such as a water-supply structure (saqāyah) or pillars (sawārī)." [Mughnī al-Muḥtāj, Vol. 2/P.246]
Accordingly, ṭawāf performed on the upper floors is valid, and the presence of barriers such as pillars and walls during the ṭawāf does not affect its validity. And Allah, the Exalted, knows best.

Is it Sunnah to cook the meat of the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah not to distribute the meat of the 'aqīqah raw. Rather, it is recommended to cook it with something sweet — such as raisins or honey — as a good omen and expression of hope for the sweetness of the newborn's character and conduct throughout their life. And Allah Almighty knows best.

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