Resolutions of Iftaa' Board



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

What is the ruling on purchasing sacrificial animals and authorizing their slaughter via telephone?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is preferable for the one offering a sacrifice (udhiyah) to slaughter the animal himself, in adherence to the Sunnah, or to be present at the slaughter if possible.
 
It is valid to authorize a butcher to purchase a sacrificial animal on his behalf and slaughter it, regardless of whether the animal is owned by the butcher or the butcher is acting as an agent in its sale—according to the Hanbali school—provided that the butcher specifically designates and purchases the animal for the person offering the sacrifice before slaughtering it. And Allah Almighty knows best.

What is the ruling on Qonot Du`a (supplication) at dawn prayer?

All perfect praise be to Allah,The Lord of The Worlds                                                                                                                                                                        It is a confirmed Sunnah, and whoever leaves it should perform Sujood As-Sahw (prostration of forgetfulness). And Allah Knows Best.

What is the ruling on offering an Udhiyah on behalf of another with their permission?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible for a person to offer a sacrifice (Udhiyah) on behalf of someone else with their permission, even if the person performing it has not offered a sacrifice for themselves. It is stated in Sharh Manhaj al-Tullab (Vol.5/P.261) by Zakariya al-Ansari: "No one may offer a sacrifice on behalf of another without their permission... as opposed to when permission has been granted." And Allah the Almighty knows best.

What is the ruling on one who sees moisture on his clothes and doubts whether it is semen or pre-seminal fluid (madhy)?

Whoever finds moisture upon waking from sleep and doubts whether it is semen or madhy, and cannot distinguish between them, he may choose between them and act according to his choice. If he wishes, he can consider it semen and perform the ritual bath, or consider it madhy, perform ablution, and wash what it has soiled. This is because if he fulfills the requirement of one of them, he is definitively free from it, and the default is his innocence from the other. And Allah the Almighty knows best.