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Resolutions of Iftaa' Board

Resolution No.(79): "Comments Made on Children`s Rights` Bill, 200"

Date Added : 29-02-2016

 

Resolution No.(79) by the Board of Iftaa`, Research and Islamic Studies:

"Comments Made on Children`s Rights` Bill, 2004"

Date: 17/5/1425 A.H, corresponding to 5/7/2004 A.D

 

 

The Board has reviewed the above bill and made the following comments:

Paragraph (4): "Despite what has been mentioned in any other law, each child enjoys the right to lineage, which is ascertained by the owner of the bed, confession, or evidence, including the employment of scientific methods."

The Board believes that this paragraph should be amended as follows: "Each child has the right to lineage, which is ascertained by the bed of a valid marriage contract, confession, or evidence, in line with the rules of Islamic Law."

Article (8), Paragraph (A): "Principles, conditions, and all rules pertaining to alternative care shall be determined by a law promulgated for this purpose."

The Board believes that this paragraph should be amended as follows: " Principles, conditions, and all rules pertaining to alternative care shall be determined by a law promulgated for this purpose, in line with the rules of Islamic Law."

Paragraph (W): "Guaranteeing the protection of children against factors that influence their instinct, drive them to go astray, violate social behavior and healthy life styles."

The Board believes that this paragraph should be amended as follows: "Guaranteeing the protection of children against factors that influence their instinct, drive them to go astray, violate Sharia as well as social behavior and healthy life styles"

Article (20), Paragraph (A): "Non-prosecuting a child before he/she completes ten years"

The Board recommends amending this paragraph as follows:

"Non-prosecuting a child before he/she completes puberty."

Article (25), Paragraph (A): The Board has noticed that the information given in this paragraph violate the principles of Islamic Law. For instance: " In Sharia  terms, the penalty set for sodomy is extremely severe because of the seriousness of this offence." As a result, the Board expresses its reservation over this article. And Allah Knows Best.

 

 

Iftaa` Board
Chairman of the Iftaa` Board, Chief Justice, Izzaldeen Al-Tamimi
Dr. Wasif Al-Bakhri
Dr. Abdulsalam  Al-Abbadi
Dr. Yousef Ghyzaan
Dr. Moh. Abu Yahia
Sheikh Sae`id Hijjawi
Sheikh Abdulkareem Khasawneh

 

 

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Summarized Fatawaa

Is it required to fast consecutively when making up missed fasts?

● It is preferable to fast consecutively when making up missed fasts if they were missed due to a valid excuse.
● However, if the fasts were missed without a valid excuse, then fasting consecutively is obligatory, because making up the missed fasts in this case must be done immediately.
Separating the makeup fasts goes against the obligation of immediacy, but if someone does so, their fasts will still be valid. However, they will be sinful for delaying without a valid reason.

Who is "the poor" entitled to receive Zakah (obligatory charity)?

The poor is the one who has neither money nor a source of living, or has either of them, but it isn`t sufficient such as being in need for a hundred/JDs, and having an income of forty/JDs only.

What is the wisdom behind the legislation of fasting?

Fasting is a divine school from which the believer learns much and trains in virtues that may be needed in life. Among these virtues is patience, as it is the month of patience. Fasting also teaches honesty and consciousness of Allah in both private and public, for there is no observer over the fasting person in abstaining from lawful pleasures except Allah alone.
Fasting strengthens willpower, sharpens determination, and nurtures mercy and compassion among the servants of Allah. It is a struggle against the self, a restraint of desires, a purification of the soul, and a cultivation of goodness.
The Prophetﷺ said: "Allah, the Almighty, said: ‘Every deed of the son of Adam is for him, except for fasting; it is for Me, and I shall reward for it. Fasting is a shield. So when one of you is fasting on a day, let him not engage in obscene speech or raise his voice in anger. If someone insults him or fights him, let him say: I am a fasting person. By Him in whose hand is the soul of Muhammad, the breath of the fasting person is more pleasant to Allah than the fragrance of musk.’" [Bukhari and Muslim]
 

Is it permissible for women to attend Tarawih prayer in the mosque?

Yes, it is permissible for women to attend Tarawih prayer in the mosque, provided they observe modesty, proper covering, and avoid mixing with men.
The Prophet ﷺ said: "Do not prevent the female servants of Allah from the mosques of Allah." [Bukhari and Muslim]

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