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Resolutions of Iftaa' Board

Resolution No.(79): "Comments Made on Children`s Rights` Bill, 200"

Date Added : 29-02-2016

 

Resolution No.(79) by the Board of Iftaa`, Research and Islamic Studies:

"Comments Made on Children`s Rights` Bill, 2004"

Date: 17/5/1425 A.H, corresponding to 5/7/2004 A.D

 

 

The Board has reviewed the above bill and made the following comments:

Paragraph (4): "Despite what has been mentioned in any other law, each child enjoys the right to lineage, which is ascertained by the owner of the bed, confession, or evidence, including the employment of scientific methods."

The Board believes that this paragraph should be amended as follows: "Each child has the right to lineage, which is ascertained by the bed of a valid marriage contract, confession, or evidence, in line with the rules of Islamic Law."

Article (8), Paragraph (A): "Principles, conditions, and all rules pertaining to alternative care shall be determined by a law promulgated for this purpose."

The Board believes that this paragraph should be amended as follows: " Principles, conditions, and all rules pertaining to alternative care shall be determined by a law promulgated for this purpose, in line with the rules of Islamic Law."

Paragraph (W): "Guaranteeing the protection of children against factors that influence their instinct, drive them to go astray, violate social behavior and healthy life styles."

The Board believes that this paragraph should be amended as follows: "Guaranteeing the protection of children against factors that influence their instinct, drive them to go astray, violate Sharia as well as social behavior and healthy life styles"

Article (20), Paragraph (A): "Non-prosecuting a child before he/she completes ten years"

The Board recommends amending this paragraph as follows:

"Non-prosecuting a child before he/she completes puberty."

Article (25), Paragraph (A): The Board has noticed that the information given in this paragraph violate the principles of Islamic Law. For instance: " In Sharia  terms, the penalty set for sodomy is extremely severe because of the seriousness of this offence." As a result, the Board expresses its reservation over this article. And Allah Knows Best.

 

 

Iftaa` Board
Chairman of the Iftaa` Board, Chief Justice, Izzaldeen Al-Tamimi
Dr. Wasif Al-Bakhri
Dr. Abdulsalam  Al-Abbadi
Dr. Yousef Ghyzaan
Dr. Moh. Abu Yahia
Sheikh Sae`id Hijjawi
Sheikh Abdulkareem Khasawneh

 

 

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Summarized Fatawaa

Is fasting obligatory for a child?

Fasting is not obligatory for a child until they reach puberty. Puberty is determined by well-known signs, the most common of which are: nocturnal emission (for both males and females), menstruation (for females), or reaching the age of fifteen lunar years.
A guardian must instruct their children to fast once they reach the age of discernment, which is around seven years old, if they are capable of fasting.

What does (Whoever fasts Ramadan with faith and seeking reward) mean?

This phrase is part of a hadith in which the Prophet ﷺ said:
"Whoever fasts Ramadan with faith and seeks his reward from Allah, their past sins will be forgiven." [Agreed upon]
The meaning is:
● They fast Ramadan with firm belief that Allah has made it obligatory.
● They fast out of obedience to Allah, knowing they will meet Him.
● They hope for reward from Allah and fast purely out of their faith while seeking His reward.

Is it permissible for a sick person to pray while sitting on a chair?

All perfect praise be to Allah, The Lord of the Worlds                                                                                                                                                                        It is permissible for a sick person, who is unable to stand up, to offer prayer while sitting on a chair. If he/she was unable to prostrate while on the chair, the he/she should pray while sitting on the ground, but if he/she was neither able to bow (Roku),nor to prostrate, then he can do them while sitting on the chair. And Allah Knows Best.

Does the use of suppositories, enemas, or hemorrhoid creams affect the validity of fasting?

Enemas and suppositories inserted through either of the two private passages invalidate the fast. This ruling is based on the statement of Ibn Abbas (may Allah be pleased with him): "Breaking the fast occurs from what enters (the body), not from what exits." [Reported by Al-Bayhaqi in As-Sunan Al-Kubra]
His generalization regarding anything entering the body indicates that it invalidates fasting, whether it is nutritious or not, as even non-nutritious substances resemble food in form.
It is recommended to use them before Fajr or after Iftar. However, if a person must use them while fasting, they should continue refraining from food and drink for the rest of the day and make up for that day later.

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