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Resolutions of Iftaa' Board

Resolution No.(7) “ Ruling on the Guardianship of an Apostate “

Date Added : 27-10-2015

Resolution No.(7) by the Board of Iftaa`, Research and Islamic Studies:
      “Ruling on the Guardianship of an Apostate“

Question: Does apostasy make a father ineligible for guardianship over his family?

 

Answer: All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his Family and Companions.

All members of the  Board have agreed that an apostate isn`t considered eligible for guardianship over his Muslim children, so long as he remains as such, for the following reasons:

1- The verse which reads (What means): “And never will God grant to the unbelievers a way (to triumphs) over the believers. “ {An-Nissa`/141}.

2- Article No.(2) of the Jordanian Constitution states that Islam is the official religion of the state.

3- According to Sharia, an apostate deserves to be killed unless he reverts to Islam, and this is why he takes the rulings of  the dead as far as his family affairs are concerned.

4- An apostate is no longer a member of the Muslim community, and this is why he takes the ruling of the dead.

Accordingly, once the  Sharia judge passes the verdict that Mr… is an apostate, and  separates him from his wife, then there is no reason in Sharia that prevents issuing a family register in the wife`s name, in which her minor children are included as she becomes responsible for them. This is provided that the new register indicates the lineage  of these children, and states that their father has become an apostate. And Allah Knows Best.

 

 Iftaa` Committee

 

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Summarized Fatawaa

Is Zakah (obligatory charity) due on the money saved for marriage?

Zakah is due on the money saved for marriage if it reached the Nissab (minimum amount liable for Zakah), and a whole lunar year had lapsed over possessing it.

When is the prayer considered *adāʾ* (performed within its time): upon rising from the bowing (*rukūʿ*), or after rising from the prostration (*sujūd*)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Whoever catches one complete rakʿah within the prayer's time has caught the prayer as an on-time (adāʾ) prayer. The rakʿah is complete when the worshipper raises his head from the second prostration (sajdah), even if he has not yet reached the degree of standing in which the recitation is valid.
It is stated in Nihāyat al-Muḥtāj (Vol.1/p.378): "What is meant by the rakʿah is the completion of all of it, with its two prostrations." End quote.
And in Ḥāshiyat al-Shabrāmallisī: "(His saying: 'a rakʿah') means that he raises his head from the second prostration, even if he has not reached the degree in which the recitation is valid." And Allah Almighty knows best.
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Note on terminology: Adāʾ refers to performing the prayer within its prescribed time, as opposed to qaḍāʾ (making it up after its time has ended).

My husband discloses all our marital disputes to his family. What is the ruling of Islamic Law on this?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is impermissible to divulge spousal secrets or expose one another's faults, whether during the subsistence of the marriage or after its dissolution. The foundational principle governing marital relations is that it is built upon confidentiality and mutual affection. Divulging marital secrets constitutes a breach of trust and a grave sin.
 
A husband ought not to resort to his family to complain about his wife over every dispute, nor is the reverse permissible for the wife, especially when such actions lead to stirring up malice and animosity between the spouses or between their respective families.
 
Islam has enjoined the preservation of secrets in general and commanded against revealing them; safeguarding the privacy of the home holds an even greater priority. And Allah Almighty knows best.

What is the ruling on using snuff, inhaled vapor, or menthol rub (Vicks) during the day in Ramadan?

Using snuff, inhaled vapor, or menthol rub (Vicks) invalidates the fast because these substances enter the lungs through inhalation, and the lungs are considered part of the body cavity (jauf).
Whoever uses them must refrain from eating and drinking for the rest of the day out of respect for the sacred month and make up for that day after Ramadan.
However, if it is merely a scent and none of its substance reaches the body cavity, it does not break the fast.

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