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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 of Islamic Law regarding one who slaughters a ewe and it turns out to have been pregnant, and is it permissible to slaughter the ewe if one knows it is pregnant?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person slaughters a ewe and it turns out to have been pregnant, the fetus becomes lawful (ḥalāl) by virtue of its mother's slaughter (tabaʿan li-ummihā).
It is stated in Mughnī al-Muḥtāj (Vol.6/P.158): "A fetus found dead [after the mother's slaughter], or found alive but in a state resembling that of a slaughtered animal [i.e., dying shortly after], becomes lawful — whether or not it had grown fur — provided it is found in the womb of a mother that was lawfully slaughtered, whether her slaughter was by cutting the throat, or by an arrow or hunting dog sent after her. This is based on the ḥadīth: 'The slaughtering of the fetus is [effected by] the slaughtering of its mother' [narrated by al-Tirmidhī, who graded it ḥasan, and by Ibn Ḥibbān, who graded it ṣaḥīḥ] — meaning that the slaughter which rendered the mother lawful renders the fetus lawful as well, by virtue of following her; and because the fetus is one of her constituent parts, and her slaughter renders lawful all of her parts."
This ruling differs, however, from the case of one who knows from the outset that the ewe is pregnant [and intends to sacrifice her specifically as the udḥiyah while pregnant] — in which case, according to the Shāfi'ī school, she does not fulfill the requirement of a valid sacrifice.
It is stated in Ḥāshiyat al-Bujayrimī 'alā al-Khaṭīb (Vol.4/P.335): "A pregnant animal does not fulfill the requirement [of a valid sacrifice], and this is the authoritative position (al-mu'tamad), because pregnancy diminishes the quality of the meat. As for why such an animal is nevertheless counted as complete [i.e., fully valid] in matters of zakāh, that is because the intent there is reproduction (nasl), not the quality of the meat.". And Allah, the Most High, knows best.

Is it permissible to give Zakah (obligatory charity) to one`s poor sister, or brother?

It is permissible for one to give the Zakah to his poor sister, or brother if providing for them isn`t due on him, and the sister doesn`t receive sufficient provision from whomever that is due on. And Allah Knows Best.

Is a woman`s prayer considered invalid if non-Mahrams (marriageable men) saw her offering it?

A woman`s prayer isn`t invalidated if non-Mahrams saw her offering it, but she had better pray in isolation.

What is the ruling of Islamic Law on a latecomer who joins the imam during the standing position of the first rakʿah but was unable to complete the recitation of al-Fātiḥah?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If a latecomer (masbuq) joins the prayer while the imam is standing, he should begin reciting Sūrat al-Fātiḥah immediately, without pausing to recite the opening supplication (duʿāʾ al-istiftāḥ) or the seeking of refuge (taʿawwudh). If the imam bows before he completes al-Fātiḥah, he follows the imam into the bow and leaves whatever remains of al-Fātiḥah — the imam bears it on his behalf.
It is stated in ʿUmdat al-Sālik (p. 47): "If a latecomer finds the imam standing and is confident that he has enough time to recite the taʿawwudh and al-Fātiḥah in full, he may do so. If he is uncertain, he should neither recite the opening supplication nor the taʿawwudh, but rather begin directly with al-Fātiḥah. If the imam bows before he completes it, he follows him into the bow — provided he had not already begun the opening supplication or the taʿawwudh. If he had begun either of them, he continues reciting al-Fātiḥah for as long as he spent on them." And Allah the Almighty knows best.

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