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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 it permissible for a Muslim to slaughter an Aqeeqah on behalf of someone else, and offer it to him as a gift?

In principle, the guardian is the one who should offer the Aqeeqah (the sheep slaughtered on the seventh day from the child`s birth) because he is obliged to provide for the newborn, and it is impermissible for anyone else to slaughter it on his behalf unless with his consent. However, it is permissible for a person to offer the sheep, or its price as a gift to the guardian of the newborn, and then the latter can slaughter it, or deputies someone else to do that on his behalf.

How should a woman make up prayers that she missed two days from delivery?

All perfect praise be to Allah,The Lord of The Worlds                                                                                                                                                                        It is prohibited to delay prayer beyond its prescribed fixed time, therefore, the woman in question is obliged to make up missed prayers after delivery and confinement i.e. once she becomes ritually pure. And Allah Knows Best.

What should a person, who doubts the validity of his Wudu, or over performs it, do?

One who doubts the validity of his/her Wudu while performing it should redo it until he/she is certain of having attained purity. But, if doubt was after having performed Wudu, then he/she should not pay attention to that as doubt after the end of an act of worship does not count. This is of course in case doubt was within the reasonable limits since once it goes beyond that, it becomes a whispering of the Shaytaan (devil) which he/she should ignore as the Wudu is valid.

Should a woman who broke her fast because of delivery make up for missed fasting days before the next Ramadhaan, and what is the expiation due on her in case she delayed making up for them ?

She should make up for missed fasting days before the start of next Ramadan if possible, but if she didn`t while being able to, then she is obliged to make up for them along with feeding a needy person for each delayed day of the missed fasting days. However, if she wasn`t able to make up for the missed fasting days before the start of next Ramadan, she has to fast a day for every day that she missed, and no ransom is due on her. And Allah Knows Best.

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