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

If husband doesn`t pray, but wife does, is their marriage contract considered valid or not?

All perfect praise be to Allah the Lord of the Worlds. May Allah`s peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
Not observing daily prayers is a grave sin, but doesn`t invalidate a person`s marriage contract. However, we advise you to save your husband from hellfire by convincing him to observe the prescribed prayers. And Allah The Almighty Knows Best.

What is the ruling o associations (Whereas a person who have money buys a commodity for a person and  and gets a profit on it)?

It is permissible for a person to buy a commodity for someone's else and have a profit/loss on it

 have an amount of 2,700 Jordanian dinars, which I have invested in a project, and I pay zakat on it every year. However, I have debts and obligations, and this project yields only a profit of about 2-4%. My salary is not enough to support myself and my family to the extent that I cannot pay the electricity bills. Is it permissible for me to take from the above Zakat?
 

You permitted to take from your Zakat since your income insufficient for you, because the poor is permitted to take from the Zakat in general, besides; the poor is identified of whose income doesn't suffice him. And Allah Knows Best.

Is it permissible for a wife`s family to demand her husband to divorce her although she doesn`t want that?

It is forbidden for them to do that in case their daughter doesn`t want divorce unless there was a sin that continues as long as the marriage survives.