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Resolutions of Iftaa' Board

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

Date Added : 27-10-2015

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 (What means): “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… 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

What is the ruling on Zakat al-Fitr?

Zakat al-Fitr is obligatory upon every Muslim for themselves and for those they are financially responsible for, provided they possess wealth that is surplus to their and their family's needs on the night and day of Eid.
Ibn Umar reported: "The Messenger of Allah ﷺ made Zakat al-Fitr obligatory—one sa‘ (measure) of dates or one sa‘ of barley—upon every Muslim, whether slave or free, male or female, young or old." [Narrated by Al-Bukhari]
Its estimated amount is approximately 2,500 grams of wheat or rice, and the General Iftaa` Department issues an annual ruling specifying its monetary value.

What is the ruling of Islamic Law on a person who abandons prayer after reaching puberty—is he required to make them up?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Making up missed obligatory prayers is an Islamic duty just as performing them in their proper time is obligatory, and taking care of them takes precedence over performing voluntary prayers. This is established by the practice of our Supreme Prophet (peace and blessings be upon him) when the polytheists distracted him on the Day of the Trench from performing the Asr prayer, so he made it up afterward, as well as the Hadith: "Pay Allah what is due to Him, for Allah is most deserving of fulfillment." (Recorded by Al-Bukhari)
 
Furthermore, it is valid to make up missed prayers at any time.
 
Whoever has missed a number of prayers and does not know their exact count, it is obligatory upon them to sincerely repent and exert their utmost effort to estimate their number. If they are unable to determine the exact count, they should base it on what is most probable according to their best judgment. They should then make them up gradually; if one performs one missed prayer alongside every current obligatory prayer, the matter becomes easy and manageable, and with the passage of time, one will complete what is owed, Allah willing. And Allah Almighty knows best.

Does using a respiratory device (oxygen) affect the validity of fasting?

Using an oxygen device does not affect the validity of fasting because oxygen is a gas with no physical substance.
However, if medicinal substances with physical particles are added to the oxygen, its use would break the fast, as it enters the body cavity through a natural passage.

What is the ruling on fasting?

Fasting in Ramadan is an individual obligation (Fard ‘Ayn) upon every mature, sane Muslim who is capable of fasting.
Fasting can also be recommended (Mustahabb), such as voluntary fasting on Mondays and Thursdays, fasting on the Day of Arafah for those not performing Hajj, and fasting on Ashura.
Fasting can be prohibited (Haram), such as fasting on the two Eid days, the Day of Doubt (Yawm al-Shakk), and the Days of Tashreeq.
Some types of fasting are disliked (Makruh), such as singling out Friday or Saturday for fasting without a specific reason and fasting on the Day of Arafah for a pilgrim.

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