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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 on the ablution of one who touches women prohibited to him by a temporary prohibition (mahram bi-hurma mu'aqqata)?

It is prohibited to touch a woman who is temporarily prohibited (meaning one whom it becomes permissible to marry after the impediment is removed, such as the wife of a brother or paternal uncle). Touching her without a barrier invalidates ablution. And Allah the Almighty knows best.

Does the fast become invalid if water from rinsing the mouth reaches the stomach while performing ablution?

If water reaches the stomach without the fasting person exceeding normal rinsing or being excessive, their fast remains valid.
However, if they exceed the normal practice or exaggerate in rinsing, causing water to enter the stomach, their fast is invalid.
This is because excessiveness in rinsing is prohibited for a fasting person, as the Prophetﷺ said: "Exaggerate inhaling water during ablution, except when you are fasting." [Narrated by the Four Imams]
Transgression (Ta‘addi) refers to rinsing the mouth more than three times, while exaggeration (Mubalaghah) includes gargling, drawing water deep into the nasal passages, or filling the mouth with water in an unusual manner.

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

Does having a wet dream during the day in Ramadan break the fast?

Having a wet dream during the day in Ramadan does not invalidate the fast. However, one must perform ghusl (ritual purification) to ensure they do not miss their prayers.

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