Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Date Added : 24-02-2016

 

Resolution No.(60): "Proposed Amendments to the Articles of Orphans` Custody Law"

Date: 23/3/1423 A.H, corresponding to 5/6/2002.

 

We have received the following question:

Could you please clarify the ruling of Sharia as regards the custody project, and any recommended amendments that you deem necessary?

Answer: All success is due to Allah.

Article (4): "The couple must be Muslims."

The Board decided that this article should be amended as follows:

"The couple must be Muslims, and five years must have passed over their embracing Islam, in case they were new Muslim converts."

Article (7): "The Minster of Social Development may approve a custody order based on the recommendations of the Ministry`s Secretary-General and the Director of Family and Children Directorate."

The Board decided amending this paragraph as follows:

"A technical committee, presided by the Director of the Technical Directorate, should be formed, including a deputy from the Department of the Supreme Judge and the Ministry of Interior to review the custody orders submitted by the families, the needed documents, and to conduct the interviews. The committee should refer its recommendations to the Secretary-General in order for him to recommend that the Minister approves of them."

The family taking custody of an orphan is accountable for the following:

A- It should provide the child under its custody with the various forms of social care, namely the alternative parental raising, medical treatment, education, outlay, and the like; provided that these are verified by the case study, which should be conducted before and after the child is taken under custody.

B- It should enjoy the capacity to provide the right orientation to the child under its custody in the various aspects of life so that he relies on himself afterwards.

C- It is imperative that the family informs the Ministry about any changes concerning its place of residence as well as its relationship with the child under its custody.

The Board decided that these articles should be amended as follows:

A- The family should provide the child under its custody with the various forms of familial care, namely the alternative parental rearing, medical treatment, education, outlay, and the like; provided that these are verified by the case study, which should be conducted before and after the child is taken under custody.

B- The family should enjoy the capacity to provide the right orientation to the child to face the different conditions of life to be able to rely on himself.

C- Informing the Ministry about any changes concerning the family`s place of residence as well as its relationship with the child under its custody.

Article (10): Termination of Custody:

Article (D) Death of a spouse or both of them, which drives their relatives to file for the termination of the custody, indicating their unwillingness to take care of the fostered child.

The Board decided amending this article as follows:

In case either spouses or one of them died, it is permissible for a relative of theirs to file a new custody request through the observed channels.

The Board also decided adding the following items to article (10):

(H) Apostasy of either spouses or one of them.

(W) Failure to meet any of the fostering conditions

*PS: Items not related to the rules of Islamic Sharia were not translated because they focus on the correction of punctuation and grammar mistakes in the original Arabic text. And Allah Knows Best.

Iftaa` Board
Chairman of the Board, Chief Justice Sheikh Ezuldeen Attamimi
Dr. Abdulsalam Alabbadi           
Dr. Mohammad Alyahia         
Sheikh Sa`eid Hijjawi      
Sheikh Na`eim Mujahid         
Sheikh Mahmoud Shewayaat                  
Dr. Wasif Albakhri

 

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Summarized Fatawaa

Who has the right to child custody when final divorce takes place?

The wife has the right to child custody until her children reach the age of puberty. However, if she gets married, the right of custody becomes that of her mother`s.

What should one who forgot to offer the second Sajda during congregational prayer, and remembered it before the end of the prayer do?

All perfect praise be to Allah, The Lord of The Worlds.                                                                                                                                                          Whoever forgets a pillar of prayer while in congregation must follow the lead of the Imam, and after the latter offers Tasleem, he should offer one Rakah, then perform Sujood As-Sahw (prostration of forgetfulness). And Allah Knows Best.

I had my menstrual period at the beginning of Ramadan for six days, then it ended and I became pure. After four days, I started noticing some blood again, which has lasted for two days now, but it is not as heavy as menstrual blood. Is this blood considered menstrual blood, and what is the ruling regarding my prayers, fasting, and reading the Quran during this period?
 

All praise is due to Allah, and peace and blessings be upon our Prophet Muhammad.
The minimum duration of menstruation is one day and one night, and its maximum is fifteen days. Any blood beyond this period is considered irregular bleeding (Istihada). Since the bleeding did not exceed fifteen days, it is considered menstrual blood within the regular cycle. Therefore, you should not pray or fast until the bleeding stops and the signs of purity appear. If the bleeding stops before fifteen days from when it first started, then all the blood you saw is considered menstrual blood, and you must make up the fasts, but not the prayers. If it exceeds fifteen days, then the first six days are menstrual blood, and the blood that follows is considered irregular bleeding. Your prayers and fasting are valid, and there is no issue with them. And Allah Knows Best."
 
*This answer was updated on [18/5/2023].

Is it permissible for a person who hasn`t made ablution to call for prayer (Adhan)?

All perfect praise be to Allah, The Lord of The Worlds.                                                                                                                                                                      It is disliked for a person with a minor impurity to call for prayer, but if he does , then it`s valid and sufficient. And Allah Knows Best.