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Statement on Criminalizing the Father Killing his Child
Author : The General Iftaa` Department
Date Added : 08-06-2023

Statement on Criminalizing the Father Killing his Child

 

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.

 

According to the general rule in Sharia, the relationship between the father and his children should be based on love, respect, guidance and advice, and through these foundations the father undertakes the task of upbringing them in a sound manner. Since children are not infallible, parents should direct them with sound educational methods and avoid violence as discipline does not only mean punishment, but the educator should always take into account the best interest of the child.

 

Sharia forbids the father to discipline his child to the point of harming him/her, and this act is considered a major sin if it led to the death of the child. This is because discipline is of no avail when the child has turned into a dead body and the father into a murderous criminal?

 

Islam has forbidden taking life unjustly and made this one of the major sins. Allah says {What means}: "If a man kills a believer intentionally, his recompense is Hell, to abide therein (For ever): And the wrath and the curse of God are upon him, and a dreadful penalty is prepared for him." {An-Nisa`, 93}. Ibn 'Umar (May Allah bepleased with them) reported: Messenger of Allah (PBUH) said, "A believer continues to guard his Faith (and thus hopes for Allah's Mercy) so long as he does not shed blood unjustly"[Al-Bukhari].

 

The Messenger of Allah (PBUH) ordered us to avoid the seven destructive sins and mentioned taking life, which Allah made sacred, except for a just cause as one of them. According to Islam, human life has sanctity and preserving it is one of the five necessities. Allah says {What means}: " if any one slew a person - unless it be for murder or for spreading mischief in the land - it would be as if he slew the whole people: and if any one saved a life, it would be as if he saved the life of the whole people." {Al-Ma`dah, 32}.

 

Therefore, we call on all parents to apply the peaceful educational methods of education and discipline, using the modern means that are consistent with our purified Sharia in order to have a conscious generation that assumes its responsibilities in building the country and the nation, and Allah the Almighty knows best.

The General Iftaa` Department.

 

 

 

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Summarized Fatawaa

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

What is the Du`a (supplication) of Istikhara (guidance prayer)?

O Allah, I consult You as You are All-Knowing and I appeal to You to give me power as You are Omnipotent, I ask You for Your great favor, for You have power and I do not, and You know all of the hidden matters. O Allah! If you know that this matter (then he should mention it) is good for me in my religion, my livelihood, and for my life in the Hereafter, or he said: "for my present and future life" then make it (easy) for me. And if you know that this matter is not good for me in my religion, my livelihood and my life in the Hereafter, or he said: "for my present and future life" then keep it away from me and take me away from it and choose what is good for me wherever it is and please me with it."

What is the ruling on praying in congregation at the mosque?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Congregational prayer (Salat al-Jama‘ah) is a communal obligation (Fard Kifayah) for resident men regarding the performance of the prescribed (obligatory) prayers. For men, praying in congregation at the mosque is better than praying elsewhere, such as at home. On the authority of Abdullah bin Umar, the Messenger of Allah ﷺ said: 'Prayer in congregation is twenty-seven degrees more excellent than the prayer of a person alone' (Reported by Bukhari & Muslim). Furthermore, on the authority of Abu Hurayrah, the Messenger of Allah ﷺ said: 'Shall I not tell you that by which Allah erases sins and raises ranks?' They said, 'Of course, O Messenger of Allah.' He said: 'Performing wudu thoroughly despite difficulties, taking many steps toward the mosques, and waiting for the next prayer after the prayer; that is your Ribat (steadfastness)' (Narrated by Muslim).
 
As for a woman, her praying in congregation at home is better for her than in the mosque, according to the saying of our Master the Prophet ﷺ: 'Do not prevent your women from attending the mosques, but their homes are better for them' (Narrated by Abu Dawood). Young boys should be encouraged to attend the mosques and congregational prayers so they may become accustomed to them. And Allah the Exalted knows best.

What is the ruling on using eye drops while fasting?

Eye drops do not break the fast, even if the taste reaches the throat, because the eye is not an open passage to the body cavity.

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