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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 the mother to give her children from the Zakah (obligatory charity) of her money?

It is permissible for the mother to give her children from the Zakah of her money if they are Zakah-eligible recipients, and she isn`t obliged to provide for them.

Is it true that whatever is dry is pure even if there was impurity on it?

The impure material object does not soil (make impure) anything else unless the impurity is wet and transferable. But, if the impurity is dry or non-transferable, then there is no problem. Fuqaha has stated that: There is no disagreement between Muslim scholars that when a dry impurity touches something dry it does not make the latter impure.

What is the ruling on a person who broke the fast a day in Ramadan due to hardship?

He/she is obliged to make up that day.

A man has raped a woman and she gave birth to a baby boy. To whom should that baby be attributed?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
 
First of all, the adulterer must be punished according to the rules of Sharia and the baby isn`t attributed to him. Rather, it is attributed to the mother. This adulterer has committed a grave sin and incurred the wrath of Allah. We advise him to make sincere repentance to Allah and pray that Allah forgives him. And Allah The Almighty Knows Best.

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