Resolutions of Iftaa' Board



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 public street water if it gets on a person's clothes or body?

The default ruling is that public street water is pure (tahir). If one is certain of its impurity (najasa), then a small amount that gets on the lower part of a person's clothes or body is overlooked (excused). And Allah the Almighty knows best.

What is required of one who doubts the number of rakʿāt during prayer?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If a person doubts the number of rakʿāt he has prayed, he should build upon the lesser number, as that is what he is certain of. He should then perform the prostration of forgetfulness (sujūd al-sahw) before the final salām at the end of the prayer. ʿAṭāʾ ibn Yasār narrated that the Messenger of Allah ﷺ said: "When any one of you is in doubt during his prayer and does not know whether he has prayed three rakʿāt or four, let him pray one more rakʿah and then perform two prostrations while seated before the salām. If the rakʿah he prayed was a fifth, these two prostrations will make it even; and if it was the fourth, then the two prostrations serve as a humiliation for the devil." (Reported by Abū Dāwūd.)
It is stated in al-Muqaddimah al-Ḥaḍramiyyah — one of the foundational texts of the Shāfiʿī school: "If one doubts whether he has prayed three rakʿāt or four, he is obliged to build upon the lesser number."
However, if such doubt recurs repeatedly and reaches the level of obsessive whispering (waswasah), he should not build upon the lesser number in that case — rather, he should build upon the greater number. And Allah the Almighty knows best.

Is the son of the sister by breastfeeding considered a mahram in Islam, and is it permissible for a woman to go for Hajj with him?

Everything that is prohibited by lineage is also prohibited by breastfeeding. The son of the sister by breastfeeding is considered a mahram, just like the son of the sister by blood, and it is permissible for him to be her mahram for Hajj and Umrah. And Allah Knows Best.

What is the meaning of the Prophetic statement that a boy is held in pledge (murtahan) for his 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The first interpretation: That if the boy dies in infancy without an 'aqīqah having been performed on his behalf, he will not intercede for his parents on the Day of Resurrection. This is the position of Imam Aḥmad ibn Ḥanbal, and Imam al-Khaṭṭābī concurred with him, stating: "The finest of what has been said regarding this matter is the position adopted by Aḥmad ibn Ḥanbal." — [Fatḥ al-Bārī by Ibn Ḥajar,{Vol.9/P.594]
The second interpretation: That the child is likened to a pledged object (marhūn) — one from which full benefit and enjoyment cannot be derived until it is redeemed. A blessing is only made complete upon the one blessed when they fulfil the obligation of gratitude (shukr), and the prescribed expression of gratitude for this particular blessing is what the Prophet ﷺ established as Sunnah — namely, the slaughtering of the 'aqīqah on behalf of the newborn as an act of thankfulness to Allah the Almighty and as a supplication for the wellbeing and safety of the child. This is the position of Mullā 'Alī al-Qārī. See: [Mirqāt al-Mafātīḥ Sharḥ Mishkāt al-Maṣābīḥ, Vol.7/P.2688]
And Allah Almighty knows best.