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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

What is the ruling on tasting food while fasting?

Tasting food while fasting is disliked (makruh). However, if any part of the food reaches the body cavity (jauf), the fast becomes invalid.

What is the ruling on eating or drinking forgetfully during the day in Ramadan or during voluntary fasting?

Whoever eats or drinks forgetfully while fasting, whether in an obligatory or voluntary fast, should continue their fast, for it is Allah who has provided them with food and drink. There is no difference between obligatory and voluntary fasting in this ruling.

Is it permissible to include others in the reward of one`s sacrifice?

 

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for the person offering an Udhiyah (sacrificial offering) to include others in the spiritual reward of the sacrifice. However, it is not permissible for multiple people to jointly share the purchase price of a single sheep or goat, unless one person gifts the money to the other.
 
It is stated in Mughni al-Muhtaj (6/137) by Al-Khatib al-Shirbini:
 
"If a person includes someone else in the reward of his sacrifice and slaughters it on his own behalf, it is permissible."
 
It should be carefully noted that including someone else in the reward of one's sacrifice is completely distinct from offering a sacrifice on behalf of someone else. And Allah the Almighty Knows Best.

What are the conditions governing the portion that must be distributed to the poor from a voluntary uḍḥiyyah (sacrificial offering)?

 
 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The following conditions apply to the portion distributed to the poor from the sacrificial animal:
First: It must be meat — it isn`t valid to give the poor organs or offal such as the liver.
Second: It must be given raw — cooked meat does not fulfil the requirement.
Third: It must amount to no less than half a kilogram. And Allah Almighty knows best.

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