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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Date Added : 24-02-2016

 

Resolution No.(60): "Proposed Amendments to the Articles of Orphans` Custody Law"

Date: 23/3/1423 A.H, corresponding to 5/6/2002.

 

We have received the following question:

Could you please clarify the ruling of Sharia as regards the custody project, and any recommended amendments that you deem necessary?

Answer: All success is due to Allah.

Article (4): "The couple must be Muslims."

The Board decided that this article should be amended as follows:

"The couple must be Muslims, and five years must have passed over their embracing Islam, in case they were new Muslim converts."

Article (7): "The Minster of Social Development may approve a custody order based on the recommendations of the Ministry`s Secretary-General and the Director of Family and Children Directorate."

The Board decided amending this paragraph as follows:

"A technical committee, presided by the Director of the Technical Directorate, should be formed, including a deputy from the Department of the Supreme Judge and the Ministry of Interior to review the custody orders submitted by the families, the needed documents, and to conduct the interviews. The committee should refer its recommendations to the Secretary-General in order for him to recommend that the Minister approves of them."

The family taking custody of an orphan is accountable for the following:

A- It should provide the child under its custody with the various forms of social care, namely the alternative parental raising, medical treatment, education, outlay, and the like; provided that these are verified by the case study, which should be conducted before and after the child is taken under custody.

B- It should enjoy the capacity to provide the right orientation to the child under its custody in the various aspects of life so that he relies on himself afterwards.

C- It is imperative that the family informs the Ministry about any changes concerning its place of residence as well as its relationship with the child under its custody.

The Board decided that these articles should be amended as follows:

A- The family should provide the child under its custody with the various forms of familial care, namely the alternative parental rearing, medical treatment, education, outlay, and the like; provided that these are verified by the case study, which should be conducted before and after the child is taken under custody.

B- The family should enjoy the capacity to provide the right orientation to the child to face the different conditions of life to be able to rely on himself.

C- Informing the Ministry about any changes concerning the family`s place of residence as well as its relationship with the child under its custody.

Article (10): Termination of Custody:

Article (D) Death of a spouse or both of them, which drives their relatives to file for the termination of the custody, indicating their unwillingness to take care of the fostered child.

The Board decided amending this article as follows:

In case either spouses or one of them died, it is permissible for a relative of theirs to file a new custody request through the observed channels.

The Board also decided adding the following items to article (10):

(H) Apostasy of either spouses or one of them.

(W) Failure to meet any of the fostering conditions

*PS: Items not related to the rules of Islamic Sharia were not translated because they focus on the correction of punctuation and grammar mistakes in the original Arabic text. And Allah Knows Best.

Iftaa` Board
Chairman of the Board, Chief Justice Sheikh Ezuldeen Attamimi
Dr. Abdulsalam Alabbadi           
Dr. Mohammad Alyahia         
Sheikh Sa`eid Hijjawi      
Sheikh Na`eim Mujahid         
Sheikh Mahmoud Shewayaat                  
Dr. Wasif Albakhri

 

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Summarized Fatawaa

What is the ruling on combining prayers at the Musala (Place for prayer) of a shopping center because of heavy rain, knowing that some people come from outside that center?

Praise be to Allah, the Lord of the Worlds. If there is hardship in going back to that Musala at the time of Asr or Isha` prayers, then it is permissible to combine prayers (Duhr with Asr and Maghrib with Isha`). Kindly consider calling us. And Allah knows best.

Is it lawful or unlawful to take payment of key money?

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.
If the lease contract has expired and the lessor refrained from renewing it, then the tenant is obliged to leave the property for nothing. And Allah the Almighty knows best.

Is it permissible to pay the Fitr Zakah(obligatory charity) of Ramadhaan on behalf of a dead person?

The Fitr Zakah of Ramadhaan isn`t due on one who had passed away before the sunset of the last day of Ramadhaan.

 By slip of the tongue, my son cursed Allah. It is worth pointing that he has concluded his marriage contract recently, but haven`t consummated the marriage. What is the position of Sharia on this? 

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.
This person must return to the fold of Islam by uttering the two testimonies of faith and making repentance to Allah from all acts that lead to disbelief. Also, he must make a new marriage contract because the old one was dissolved after he had committed this act of disbelief. Moreover, since there is no waiting period for his wife, then she is in state of Talaq ba`en baynona Soghra (Minor irrevocable divorce); consequently, she can get back to him only by a new marriage contract. And Allah the Almighty knows best. 

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