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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

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

Is it permissible to delay menses by using medication in order to fast Ramadhaan?

It is permissible for a woman to use medication in order to delay her menses so that it becomes lawful for her to fast Ramadhaan, but it is better that she doesn`t do so, and taking the medication is prohibited if she, or her doctors know that it involves a risk on her health.

Is it permissible for a father to divide his property amongst his children except one under the pretext that he has paid for the latter`s tuition? This is knowing that his other children were given the opportunity to pursue their education but didn`t because they were educationally poor. Moreover, is he allowed to give his other children who have helped him with growing his business?

All perfect praise be to Allah the Lord of the Worlds. May Allah`s peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
The father should be just between his children as regards gifts, in case they had similar circumstances. However, if any had a special merit, then it is permissible for the father to take that into account to be just. For example, giving his children who have helped in making his fortune and received no reward for that or giving the little ones because they haven`t taken as much as the older ones or giving the sick child who is unable to make a living. The most important thing is achieving justice. Moreover, the father is not interdicted by any of his children, and he is free to do whatever he wants with his money and Allah will call him to account as regards observing justice between his children. And Allah The Almighty Knows Best.

Is it permissible to give Zakah(obligatory charity) to one`s poor sister, or brother?

It is permissible for one to give the Zakah to his poor sister, or brother if providing for them isn`t due on him, and the sister doesn`t receive sufficient provision from whomever that is due on.

Is a person who is in a state of Janabah( major ritual impurity due to having a marital intercourse, ejaculation, menstruation, and post-delivery impurities) sinful if he/she goes about his/her daily life activities in that state i.e. without making Ghusl( ritual bath ) ?

It goes without saying that a Muslim should always be in a state of ritual purity so as to be able to perform prayers and recite Quran. It is from Sunnah(Prophetic tradition) that a Muslim hastens to make Ghusl from Janabah, but he/she is not sinful in case he/she delayed that provided that he/she doesn`t miss prayers. However, it is permissible for him/her to go about their daily activities while in a state of Janabah, but had better bathe in order not to miss any prayer.

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