عربي
Home


Resolutions of Iftaa' Board


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

 

 

Decision Number [ Previous | Next ]


Summarized Fatawaa

A person who has recently embraced Islam is afraid of undergoing circumcision (khitān) — what should he do?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If this person would be harmed by undergoing circumcision, based on the assessment of a trustworthy physician, then he is not obligated to undergo it. However, if the matter is simply a fear of the procedure itself, then it may be postponed until he feels at ease and settled about it, provided this does not lead him to become averse to Islam — while still taking care to remove any impurity from the concealed area [beneath the foreskin]. And Allah, the Exalted, knows best.

If someone fasts on the White Days with the intention of making up for missed fasts (qada), will they receive the reward for both voluntary and obligatory fasting?

Making up missed obligatory fasts (qada) is mandatory, and the intention for qada must be specified.
If a person makes up their missed Ramadan fasts on the White Days, they must intend qada, but they may also intend to fast the White Days, and Allah willing, they will receive the reward for both.
This is similar to entering a mosque and praying an obligatory prayer, where the person also earns the reward of Tahiyyat al-Masjid (greeting the mosque) if they intend both.
● If the person missed their fasts due to a valid excuse, they may wait and fast on the White Days.
● However, if they missed the fasts without a valid excuse, they must make up the fasts immediately and should not delay them until the White Days.

Is the marriage, which lacks a valid legal contract, a guardian, and a court registration, valid?

It is incumbent that a valid marriage contract be concluded in the presence of a guardian and two trustful witnesses, and it should be registered in the court to protect the rights of the wife. Actually, a valid marriage contract is what differentiates between sound marriage and fornication.

If a woman becomes pure from menstruation before the Fajr Adhan in Ramadan, is she required to fast?

If a woman becomes pure (from menstrual period) before the Fajr Adhan, she must fast, as the impediment preventing her from fasting has been removed. The Sharia maxim in this regard states: "When the impediment is removed, the obligation returns."
She should then make the intention to fast before Fajr and perform ghusl (ritual purification) for prayer, whether before or after Fajr.

See More