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Resolutions of Iftaa' Board

Resolution No.(172)"Ruling on the Religion of Minors whose Father Has Reverted to Islam"

Date Added : 27-10-2015

Resolution  No.(172) (4/2012) by The Board of Iftaa`, Research and Islamic Studies:
"Ruling on the Religion of Minors whose Father Has Reverted to Islam"

Date: (25/6/1433  A.H); (17/5/2012  A.D)

 

All praise is due to Allah, peace and blessings be upon Prophet Mohammad and upon his family and companions:

The Board of Iftaa`, Research and Islamic Studies reviewed, in its third session held on Thursday (25/Jumada al-Akhirah/1433 A.H); corresponding to(17/5/2012 A.D), the question sent by the Bureau of Civil Status, and reads as follows:
Would you kindly clarify the ruling of Islamic Sharia and any other details concerning the repercussions of a father`s proclaiming Islam on his children: minors, adults, and those born after he had embraced Islam?
After careful study and deliberation, the Board decided what follows:
Once the father embraces Islam, his children who haven`t reached puberty follow him in faith  as well. This is according to the consensus of Muslims scholars, jurists, and the verdicts of the Muslim Judges throughout the different stages of the Islamic history. They have established this ruling on the following verse: “And those who believe and whose families follow them in Faith,- to them shall We join their families. “{At-tur/21}. Joining their families to them in The Hereafter is an evidence on joining  their families to their faith in the Life of this world. This is  why the interpreters said regarding  the meaning of this verse; “Their families follow them in faith.”
Embracing Islam by the father is one of the most solid means of proving that his children follow his faith as Al-Shirbini( May Allah bless his soul) said: “ Judging that a child is a Muslim is based on two aspects: one of them-the strongest- is by birth, so if one of his/her parents is a Muslim ,then he/she is a Muslim by consensus of the Muslim scholars and in order to give preference to the Islamic faith.’{ Moghni Al-Mohtajj(3/606),the quotation has been slightly changed}. As for the adult, he/she remains on his/her faith until he/she chooses to embrace Islam voluntarily, if they don`t, then they aren`t considered Muslims. 
Based on the aforementioned, embracing Islam by the father indicates that his underage children follow his faith, and the same goes for the ones born after the father had embraced Islam. However, it is impermissible for the minor to revert to his mother`s faith in case she didn`t embrace Islam. And Allah knows best.

Chairman of the Iftaa` Board, The Grand Mufti of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh.
Vice Head of the Iftaa`Board, Prof. Ahmad Helayel
His Excellency, Prof. Abdulsalam Al-Abbadi/ Member
Prof. Abduln`nassir Abu Al Bass`al/ Member
His Eminence, Sheikh Sa`ied Hijjawi/ Member
Pro. Mohammad Al-Qhodat/ Member
Dr. Yahia Al-Botoosh/ Member
     Dr. Wasif Al-Bakhri
Dr. Mohammad Al-Khalayleh/ Member
Dr. Mohammad Khair Al-Essa/ Member
Dr.Mohammad Al-Zou`bi/ Member
 

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Summarized Fatawaa

What is the ruling on wiping the head during ablution from behind a barrier like a headscarf (hijab)?

The obligation in ablution is to wipe some of the head; it is not a condition to wipe all of it. As for one who has a turban or headscarf on their head, it is permissible for them to wipe over it after wiping a part of their head in any place. This is easily done at the front of the head. This means the woman begins by wiping the front of her head from under the headscarf, then completes the wiping to the back of the head from over the headscarf. If the woman wipes over the headscarf on her head and the moisture reaches the scalp or some hair within the boundaries of the head, it suffices for wiping the head. And Allah the Almighty knows best.

What should a person who was favored from Allah with a newborn, but couldn`t afford an Aqeeqah, do?

Aqeeqah (the sheep slaughtered on the seventh day from the child`s birth) is a desirable Sunnah for the financially able since Allah, The Exalted, charges not a soul beyond its capacity. Therefore, if the father couldn`t afford the Aqeeqah before the end of his wife`s confinement, then it isn`t due on him, and if he was able to afford it later on, then it is permissible, but if he didn`t until the child reached puberty, the latter can offer the Aqeeqah himself.

Is the marriage, which lacks a valid legal contract, a guardian, and a court registration, valid?

It is incumbent that a valid marriage contract be concluded in the presence of a guardian and two trustful witnesses, and it should be registered in the court to protect the rights of the wife. Actually, a valid marriage contract is what differentiates between sound marriage and fornication.

How is night prayer offered?

Night prayer is offering voluntary prayer after Maghrib and before Fajr (Dawn). As for Tahajjud, it is offering voluntary prayer at night after waking up voluntarily, and for Allah`s sake as He Says (What means): "And pray in the small watches of the morning: (it would be) an additional prayer (or spiritual profit) for thee: soon will thy Lord raise thee to a Station of Praise and Glory!" [Al-Isra`/79]. Offering Tahajjud is better than offering voluntary prayer before going to bed.

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