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

Is the father a Mahram (Non-marriageable) to his son`s mother-in-law?

The father is a non-Mahram (Marriageable) to his son`s mother-in-law, so it is impermissible for them to look at each other, or to have a seclusion (Khalwah).

What is the ruling on the fasting of a woman who has reached menopause if menstrual blood flows?

If a woman reaches the age of menopause (which is usually sixty-two) and her menses have ceased, then she sees blood after that, and its duration is not less than a day and a night (24 hours), it is menstruation (hayd). If it is less than a day and a night, she is considered as having non-menstrual vaginal bleeding (mustahada), so she fasts and prays. However, she must perform ablution for every obligatory prayer after its time enters, pray immediately, and be treated as a person with a continuous condition. There is no specific end limit for a woman's menstruation; it is possible as long as the woman is alive. And Allah the Almighty knows best.

How many Rak`ahs (unit of prayer) are offered in Witr prayer?

All perfect praise be to Allah, The Lord of The Worlds                                                                                                                                                                  Witr (an odd number prayer performed between Isha`a and Fajr) is offered with a minimum of one Rak`ah, and a maximum of eleven, but offering three Rak`ahs is the minimum of its complete form. And Allah Knows Best.

Is it acceptable to perform the Aqiqah for a male child by slaughtering and distributing the first sheep, and bringing the second one cooked from the restaurant?

 

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.

It is permissible to slaughter the first sheep with the intention of Aqiqah (the newborn's sacrificial offering) and distribute it entirely [uncooked], and to slaughter the second sheep and have it cooked at a restaurant to bring home for the household. However, it must be noted that it is obligatory to give some portion of the Aqiqah in charity to the poor, even if it is a small amount, though it is preferable to send the food cooked to them.

Buying a pre-cooked, ready-made sheep from a restaurant does not suffice as an Aqiqah. However, if an agreement is made with the restaurant to explicitly slaughter a sheep with the intention of Aqiqah for the newborn, and then cook it afterward, this is permissible.

In conclusion, slaughtering the sheep and distributing it with the intention of Aqiqah is permissible, and through it, the foundational prophetic tradition (Sunnah) is fulfilled. As for simply buying a cooked sheep from a restaurant that was not specifically slaughtered with the intention of Aqiqah, it will not count as such. Conversely, if the restaurant owner is commissioned (Wakala) to handle both the slaughtering and the cooking as an Aqiqah, it is valid—provided that a portion of it, even if small, is given in charity, which is estimated to be approximately half a kilogram of meatAnd Allah the Almighty knows best.