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 of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

Is it valid to perform the obligatory prayer while sitting?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Standing (Al-Qiyam) while having the ability to do so is one of the pillars (Arkan) of the prayer; the obligatory (Faridah) prayer is not valid without it. However, whoever is unable to stand may pray sitting down. As for voluntary (Nafilah) prayers, it is permissible to pray them sitting even if one is able to stand, but the one sitting receives half the reward of the one who prays standing. And Allah the Exalted knows best.

Is it obligatory to have an intention (niyyah) for every prayer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is obligatory for the worshiper to have a specific intention (Niyyah) for every prayer, meaning they must consciously intend the act of worship they are performing. The intention is a pillar (Rukn) of the prayer, and the prayer is not valid without it. It is not a requirement to utter the intention verbally; rather, doing so is considered a recommended Sunnah. And Allah the Exalted knows best.

I`m in love with a certain man, and want to marry him in particular, but my family refused that, what should I do?

The father should know what is in the best interest of his daughter and consider her situation. On her part, the daughter should trust her father`s view point as far as suitors are concerned. Moreover, it is prohibited for any woman, or girl to get involved in a relation with a non-Mahram (Marriageable man).