Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

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

A woman committed adultery with several men and gave birth to a baby. Who is the father?

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.
 
The adulterers must be punished as prescribed in Sharia for they have incurred the wrath of Almighty Allah. Therefore, they must hasten to make repentance and ask Allah for forgiveness. However, the child born out of this unlawful relation is attributed to the mother. And Allah The Almighty Knows Best.

What is the ruling on a Muslim who slaughters an animal while being in a state of Janabah (ritual impurity)?

All Perfect Praise be to Allah, The Lord of The Worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upo all of his family and companions.

Slaughtering is permissible for the ritually impure man and the menstruating woman because ritual purity isn`t a condition for the validity of the slaughtering. Moreover, it is permissible for the uncircumcised person to do the slaughtering as well. And Allah The Almighy Knows Best.

I swear that I will leave the religion of Allah if I return to smoking" and then returned to smoking. What is the ruling?

Whoever conditions disbelief on something and intends to disbelieve if it happens, he becomes a disbeliever immediately. Therefore, you must pronounce the two testimonies of faith (Shahada) and reconcile with your wife if she is in her waiting period (Iddah). It is recommended to consult the Department of Fatwa for further guidance. And Allah Knows Best.
 
 
 
 
 

What is the ruling of Sharia on unregistered marriage in Jordan?

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.
Aishah narrated that the Messenger of Allah said: "Whichever woman married without the permission of her Wali her marriage is invalid, her marriage is invalid, her marriage is invalid. If he entered into her, then the Mahr is for her in lieu of what he enjoyed from her private part. If they disagree, then the Sultan is the Wali for one who has no Wali." [At-Tirmithi, Hadith No.1102]. The Prophet (PBUH) also said: "There is no marriage without a guardian and two honorable witnesses." Related in [Al-Mo`jam Al-Basit for At-Tabarani, pp.6366]. Registration of the marriage contract at Islamic court is necessary for the preservation of rights and failing to do so is punishable by Jordanian Law. And Allah The Almighty Knows Best