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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

In the last verse of Surah At-Tin, Allah Says (What means): "Is Allah not the most just of judges?" [At-Tin/8]. Is it permissible for us, while performing congregational prayer, to respond after the Imam recites it by saying: "Indeed, and I am among those who bear witness to that." ?

It is recommended for the worshipper to say 'Indeed' (Bala) silently after reciting or hearing the verse (/What means): "Is Allah not the most just of judges?" [At-Tin/8]. This is part of reflecting on the Quran during its recitation or listening, as Allah Says (What means): "Then do they not reflect upon the Quran, or are there locks upon [their] hearts?" (Muhammad: 24). Doing so helps in achieving humility and focus in prayer. And Allah Knows Best

I wear braces because I had an accident. However, Iam afraid that I could die and be buried while wearing them because they are permanent installation. Is this forbidden? I also wear false teeth. Should I ask my children to pull them out after I die?

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.
If the braces are worn to get teeth back to normal, then there is no sin in that and there is also no harm in wearing false teeth. Moreover, you don`t have to have them removed after your passing away as this undermines the dignity of the dead. And Allah The Almighty Knows Best.

What is the ruling on swearing on the Holy Quran and breaking that oath?

It is impermissible to swear on the Holy Quran in vain, and it is also impermissible to subject it to such an act since breaking the oath after swearing on the Quran entails an expiation.

Is it permissible to repeat the Istikhara (seeking guidance) prayer, and is it a condition that one should sleep after offering it?

All perfect praise be to Allah,The Lord of The Worlds                                                                                                                                                            Istikhara is offered once, but it is permissible to repeat it, and sleeping after offering it is not a condition for its validity. And Allah Knows Best.

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