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Resolutions of Iftaa' Board

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

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

Is it permissible to give to the poor from among the People of the Book from the Udhiyah?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
It is permissible to give to the poor among the People of the Book from a voluntary sacrifice (uḍḥiyyat taṭawwuʿ), just as it is permissible to give charity (ṣadaqah) to them. This opinion is a view (wajh) within the Shāfiʿī school, which was favored by al-Muḥibb al-Ṭabarī and Imam al-Nawawī. [See: Ḥāshiyat Ibn Qāsim al-ʿAbbādī ʿalā Tuḥfat al-Muḥtāj (Vol.9/P.365)]. And Allah Almighty knows best.

What is the ruling on seeking forgiveness between the two Friday sermons?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to seek forgiveness (Istighfar) between the two Friday sermons (Khutbatayn), and it does not invalidate the Friday prayer (Salat al-Jumu'ah). Furthermore, it is not disliked (Makruh) to speak before the sermon, after it, or between the two sermons. Likewise, it is not disliked for one who enters during the sermon to speak if there is a need for it, provided he has not yet taken a place and settled into it. And Allah the Exalted knows best.

What is the ruling on a suitor (khāṭib) going out alone with his fiancée before the marriage contract is concluded?

It is unlawful for a suitor, prior to the marriage contract , to do anything that would be unlawful for any non-maḥram man — including touching his fiancée, being secluded with her (khalwah), or seeing her without her complete sharī‘ah-compliant covering — even after the recitation of al-Fātiḥah (This is a cultural custom to seek Allah's blessing (barakah) and mark mutual consent) and the family's approval [of the engagement]. This is because the engagement, without the formal marriage contract, does not render unlawful matters permissible. And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on wudu (ablution) when there is an adhesive substance on the hand that is difficult to remove?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The general principle is: if what is applied to the limbs of wudu' (ablution) does not form a barrier substance preventing water from reaching the skin, then the wudu' is valid despite its presence. However, if these substances prevent water from reaching the skin, the wudu' is not valid with their presence, and they must be removed so that water reaches the hair or skin without any barrier.
Shaykh al-Islam, the Imam an-Nawawi, may Allah have mercy on him, says: "If there is wax, dough, henna, or similar substances on some of his limbs [of wudu'], and this prevents water from reaching any part of the limb, then his purification (tahara) is not valid — regardless of whether the amount is much or little. But if there remains on the hand or elsewhere only the trace and color of the henna, without its substance [i.e., the physical residue itself], or the trace of a liquid oil such that the water touches the skin of the limb and flows over it, though it does not remain [as a barrier] — then his purification is valid." [Al-Majmu' , Vol.1/P.529]. And Allah, the Exalted, knows best.

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