Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(240): "Providing Individuals Born out of Wedlock with Information about their Mothers"

Date Added : 30-08-2017

 

Resolution No.(240)(9/2017) by the Board of Iftaa` Research and Islamic Studies:

"Providing Individuals Born out of Wedlock with Information about their Mothers"

Date: (17/Dhul Qedah/1438);(10/8/2017)

 

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

On its ninth session held on the above date, the Board reviewed the letter of His Eminence the Supreme Judge concerning the question sent from the Minister of Social Development Eng. Wajeeh Azaizeh, and reads as follows:

I would like to bring to Your Grace`s attention the fact that the Ministry supports and protects children born out of wedlock as well as orphans. The former are received from early age and given names in cooperation with the Department of Civil Status and Passports as stipulated by the law.

At the age of eighteen, some of them send petitions to the Ministry requesting information that leads to their parents. The danger lies in the category where the mother is known since she could have settled down and made a family of her own. We can add that if any of them managed to reach their mother, she is most likely to experience trouble on the social level. Therefore, could You clarify the ruling of Sharia on the permissibility of giving such information to the above individuals?

Answer: After deliberating, the Board arrived at the following conclusion:

Individuals born out of wedlock are members of society and enjoy all the rights determined by Sharia. This emanates from the fact that Allah has honored the sons of Adam where He, The Almighty, Said (What means): "We have honored the sons of Adam; provided them with transport on land and sea; given them for sustenance things good and pure; and conferred on them special favours, above a great part of our creation."{Al-Isra`/70}.

One of these rights is to know the people to whom a person traces to, whether from the mother`s or the father`s side; especially since this constitutes the basis upon which many Sharia rulings rest, such as inheritance and women prohibited in marriage, as well as many social, psychological and daily life interests.

The Board is of the view that the right call in this regard is to approve of the above individuals` petitions since that is an essential right of theirs. However, each case should be examined in isolation and by a specialized committee, but on basis of giving precedence to that right. Nevertheless, if harm is likely to occur, in some cases, then the petition should be delayed and further solutions should be sought. As regards the social harms that usually result from this matter, the mother should try her best to absorb and face them in order to reduce the suffering of her child. And Allah Knows Best.

 

Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Vice Chairman, Sheikh Abdulkareem Al-Khasawneh

Dr. Ahmad Al-Hasanat, Member

Dr. Mohammad Khair Al-Esa, Member

Dr. Majed Darawsheh, Member

Sheikh Sa`eid Al-Hijjawi, Member

Judge Khalid Woraikat, Member

Dr. Mohammad Al-Zo`bi, Member

 

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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.

Is it permissible for a woman to leave her house wearing brightly colored clothing?

Brightly colored clothing is of woman's adornments, however; and this shouldn't be revealed save to her husband and Mahrams. And Allah Knows Best.

Is a woman`s voice 'Awrah even when praising the Prophet (PBUH) via satellite channels?

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.
 
The Sharia term 'Awrah has two meanings:-
First: `Awrah that invalidates prayer when uncovered, and in this sense a woman`s voice isn`t considered `awrah. Second: `Awrah that causes men to be tempted by women and vice versa. Moreover, if a woman`s voice is soft or alluring, then it is forbidden for her to speak deliberately before strange men. This is because Almighty Allah Says (What means): "O ye wives of the Prophet! Ye are not like any other women. If ye keep your duty (to Allah), then be not soft of speech, lest he in whose heart is a disease aspire (to you), but utter customary speech." [Al-Ahzab/32]. However, a man should avoid listening whatever incites his desires. And Allah The Almighty Knows Best.

Should one fulfill his vow of donating an animal to the poor and needy with one sheep although he had repeated the vow several times?

Each vow has to be fulfilled, and repeating the words of the same vow for confirmation renders its fulfillment obligatory as one vow. As for multiple vows, they have to be fulfilled as well.