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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

Who is obligated to fast?

The one obligated to fast is the Muslim who is of sound mind, mature, capable of fasting, and free from obstacles such as menstruation or postpartum bleeding. And Allah Knows Best.

Is prayer nullified by having thoughts while performing it?

Prayer isn`t nullified by having thoughts while performing it, provided that the praying person offers all of its pillars and meets all of its conditions. However, the reward decreases significantly in the absence of reverence since a praying person is rewarded according to the attentiveness of his/her heart during prayer.

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 it permissible to pay the expiation of an oath to a charitable party as it feeds the poor and needy such as Tkiyet Um Ali?

There is no harm on authorizing someone to handle the expiation of another to the poor and needy, since Shafiee's jurists stated that authorizing someone for the purpose of distributing Zakah, expiation and vow is permissible as stated in [Mughni Al-Muhtajj,vol.3/pp.237]. At last, the intention of the person who intends to authorize someone else suffices in this regard. And Allah Knows Best.

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