Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No. (127): "Ruling on Attributing the Adopted Orphan to the Surname/family Name of her/his Sponsor"

Date Added : 20-10-2015

Resolution No. (127) /4/2009: "Ruling on Attributing the Adopted Orphan to the Surname/family Name of her/his Sponsor"

On 27/4/1430AH, corresponding to 23/4/2009AD

 

All perfect praise be to Allah, The Lord of The Wolrds.

The Iftaa Board in its session—held on 27/4/1430H (23/4/2009)—reviewed the appeal written by Mr. Amjad Muhammad Adel Abdel-Khaleq al-Kharouf in which he asked to add his family name to the name of the child he had adopted whose name was (Izzel-Deen Amjad Omar Khaled), and to add (Al-Kharouf) after the word (Khaled) in the child’s name.

After studying the request and discussing it, the Board decided the following:

One aim of the Sharia is the protection of family lineage which is a necessity that Islam called to protect because it is a grace of Allah on his worshippers. He Says (What means): “And it is He Who has created man from water, and has appointed for him kindred by blood and kindred by marriage. And your Lord is ever All-Powerful (to do what He wills).” [Al-Furqan 25].

For the sake of keeping ancestry, Islam regulates marriage and prohibits all that may lead to genealogy mix, adultery and the like. Some religious rules such as inheritance and certain forbidden marriage relations are based on genealogy issues.

Because of this, Islam prohibited adoption which means considering someone who is not genealogically related to the person as those who are. He Says (what means): “Allah has not made for any man two hearts inside his body. Neither has He made your wives whom you declare (to be like your mothers) your mothers, nor has He made your adopted sons your real sons. This is but a saying of your mouths. But Allah Says the truth and He guides to the right way. [4] Call them [adopted sons] by the names of their real fathers. That will be more just in the sight of Allah. And if you know not their fathers, then (they are) your brothers in faith, and your clients [freed slaves]. And there is no sin for you in the mistakes that you make unintentionally, but what your hearts deliberately intend (that will be a sin for you). Allah is ever Oft-Forgiving, Most Merciful." [Al-Ahzab 33].

Building on the previous, the questioner cannot give his family name (lineage) to the adopted child. An adopted child will not be a legal son and must not claim his sponsor’s name.

Add to this that there is a difference between what is forbidden as a consequence of breast-feeding and verification of lineage. Breast feeding leads to forbid certain marriages but it does not give the right to claim the lineage. Since the prophet (PBUH) said when the exchange of curse verse was revealed: “If a woman claimed her child to belong to a family to which this child has no blood relation, this woman has nothing to do with God, and God will not admit her into His paradise. And any man who rejects his own child while looking at her/him, God will reject him and will expose him in front of all creatures.” [Related by Abu Dawood and Al-Bayhaqi].

So, the prophet considered claiming a lineage of certain people as a crime that is punishable on the Day of Judgment.

The Prophet (PBUH) also said: “The one who claims descent from someoneother than his (real) father, and the slave who attaches himself to someone other than his (real) master, are cursed by Allah, His Angels and all the people. Allah will accept neither repentance nor ransom from such a person on the Day of Resurrection.”  [Agreed upon].

We advice our brother the questioner to support this orphan and be a good sponsor for him and he will be rewarded by God for the prophet PBUH said: “I and the one who raises an orphan, will be will be like these in the Garden (Paradise)”, and he pointed with his index and middle fingers slightly parted.” [Related by Al-Bukhari]. And Allah Knows Best.

 

Board of Iftaa’

                                                        Head of the Board of Iftaa’:

The General Mufti/his excellence Dr. Nouh Ali Salman Al-Qudhah

The Vice Head: Dr. Ahmad Hlail      

Shaikh Dr. Abdel Kareem al-Khasawneh/ member

 Sheikh Said al-Hajjawi/ member     

       Dr. Muhammad Khair al-Eisa/ member

 Judge Sari Atiyah/ member          

  Dr. Abdel Rahman Ibdah/ member

                  Dr. Muhammad Uqlah al-Ibraheem/ member

         Dr. Abdel Naser Abu al-Basal/ member

                       Executive Secretary of Iftaa’ Board Dr. Muhammad al Khalayleh

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Summarized Fatawaa

Does the time of Fajr (dawn) prayer start after the first Athaan (call for prayer), or the second one?

All perfect praise be to Allah,The Lord of The Worlds                                                                                                                                                                    The time of Fajr prayer starts after the second Adhan. And Allah Knows Best.

What is the ruling of Islamic Law on kissing while fasting?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is prohibitively disliked (makrūh taḥrīman) for a husband to engage in foreplay with or kiss his wife during the daylight hours of Ramaḍān if doing so stirs his desire. If pre-seminal fluid (madhī) is released as a result, the fast is not invalidated; however, if seminal fluid (manī) is released, the fast is broken.
Imām al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, stated: "It is prohibitively disliked to kiss — whether on the mouth or elsewhere — for one whose desire is stirred, whether man or woman, to the extent that he fears it may lead to intercourse or ejaculation. Embracing, touching, and similar acts without a barrier carry the same ruling as kissing in this regard, because such acts expose the act of worship to being corrupted — and as the two Ṣaḥīḥs record: 'Whoever circles around a protected boundary is liable to fall into it.'"
He further added: "It is preferable for one whose desire is not stirred — even if he is a young man — to refrain from such acts as well, so as to close the door entirely. For he may believe his desire has not been aroused when in fact it has. Moreover, it is Sunnah for the fasting person to abstain from all desires without exception." — Summarised with minor adaptation from [Mughnī al-Muḥtāj]. And Allah the Almighty knows best.

What is the ruling on the white discharge (*Al-Qassat al-Bayda'*) if it is in a very small amount—is it considered a sign of purity?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Among the signs of purity (Tahr) for a woman is the white discharge (Al-Qassat al-Bayda'), which is a clear, pure white fluid, regardless of whether it is minimal in quantity, or complete dryness (Jafaf), wherein secretions cease entirely such that if a white cotton cloth is inserted, it comes out completely clean. Once a woman observes either of these two signs, she has attained ritual purity.
 
Furthermore, another sign of purity is when the duration of the menstrual period exceeds the maximum limit of menstruation, which is fifteen days. If it exceeds this period, it becomes evident that she is experiencing non-menstrual bleeding (Istihadah).
 
The rulings pertaining to menstruation may be reviewed in the article: "Rulings on Menstruation and Postnatal Bleeding Every Muslim Woman Must Know." And Allah Almighty knows best.

Can a woman leading other women in Tarawih prayer recite aloud?

Yes, a woman leading other women in Tarawih prayer is allowed to recite aloud, as long as no non-mahram (other than unmarriageable kin) men can hear her.