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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

What should a person, who delayed making up missed fasts of last Ramadan due to the continuance of the same excuse, do?

It is permissible for one, whose excuse for not making up missed fasts of last Ramadhaan has continued, to delay fasting until the excuse ceases to exist, and he is considered neither sinful, nor obligated to pay a ransom. And Allah Knows Best.

A man has married a second wife and deprived the first from provision and overnight stay. He spent most of his time and wealth on his second wife. After sometime, the latter got sick and was diagnosed with breast cancer, which made him forsake her in bed and return to his first wife. What is the position of Sharia on this?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
It is forbidden for a woman to forsake her husband in bed without a lawful excuse since this is one of the mutual rights of spouses. When the wife abstains from making love to her husband without a lawful excuse, she is considered sinful. This is because the Prophet (PBUH) said: "If a woman spends the night deserting her husband's bed (does not sleep with him), then the angels send their curses on her till she comes back (to her husband)." [Agreed upon]. And Allah The Almighty Knows Best.

What is the ruling on giving Zakah (obligatory charity) to one`s relatives?

It is impermissible to pay Zakah to one`s origins (parents and grandparents) because providing for them is an obligation on their branches (sons and daughters) if they were poor, but it is permissible to give some of the Zakah money to relatives whose provision isn`t due on the giver of the Zakah.

What is the ruling of Sharia on transplanting kidneys bought from another country because there are no donors from amongst the relatives of the patient?

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.
It is forbidden to purchase human organs. And Allah The Almighty Knows Best.

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