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Resolutions of Iftaa' Board

Resolution No.(7): “Ruling on the Guardianship of an Apostate“

Date Added : 25-01-2018

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

 

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Summarized Fatawaa

Is it permissible for the wife to give the Zakah (obligatory charity) of her money to her poor husband?

Yes, it is permissible for the wife to give from the Zakah of her money to her poor husband. And Allah Knows Best.

Does passing wind, from the anus without a smell, invalidate prayer?

If a person is certain of having passed wind even if it was with no smell, then both his/her ablution and prayer are invalidated, thus he/she should remake ablution and re-perform prayer.

Is it required to fast consecutively when making up missed fasts?

● It is preferable to fast consecutively when making up missed fasts if they were missed due to a valid excuse.
● However, if the fasts were missed without a valid excuse, then fasting consecutively is obligatory, because making up the missed fasts in this case must be done immediately.
Separating the makeup fasts goes against the obligation of immediacy, but if someone does so, their fasts will still be valid. However, they will be sinful for delaying without a valid reason.

What is the ruling on a person in a state of major impurity (junub) walking or eating before performing the ritual bath?

It is from the Sunnah for a Muslim to hasten to perform the ritual bath for major impurity. However, if he delays it, he does not sin provided he does not miss the prayer. It is permissible for the junub to walk, eat, drink, and sleep. It is recommended for him to perform ablution before these actions to reduce the state of impurity, although the best is for him to perform the ritual bath. And Allah the Almighty knows best.

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