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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

What is the ruling on praying alone (munfaridan) in a row, and what should I do if I enter the mosque together with another person, and there is only a single gap in the first row with no second row present — should I fill that gap in the first row, or should I stand together with him in a new second row?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If a person enters [the congregation] and finds no space available in the row, it is recommended for him — after making his opening takbīr for the prayer — to gently pull someone from the row in front of him to pray alongside him, provided he senses that this person would be agreeable to it. If that person does not agree, then he prays alone, and there is no dislike attached to his doing so in that case.
If he ends up praying alone [behind the row], it is sunnah for him to stand directly behind the imam. Then, if someone else arrives, that person stands to his right; and whoever comes after them stands to his left — and so on — such that the imam remains centered in the middle of the row. This is done so that everyone attains the reward of congregational prayer.
As for the case where two people enter the prayer together, and there is a gap in the row wide enough for only one person, then the two of them should pray together in a new row [of their own], and whoever arrives after them should fill that original gap. This is because if only one of the two fills the gap, the other would end up praying alone [which is to be avoided when it can easily be prevented].
Al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said in Mughnī al-Muḥtāj (Vol.1/P.494): "If he does not find space, then it is recommended for him, while still standing, to gently pull a single person from the row toward himself after making his opening takbīr — out of caution, so as to avoid the position held by some scholars that a person's prayer standing alone behind the row is not valid.
Az-Zarkashī and others said: this should only be done if it seems he would agree to it; otherwise, he should not pull anyone — indeed, doing so becomes impermissible, out of fear of causing discord (fitnah). It is recommended for the person being pulled to cooperate and agree, so that he may attain the reward of assisting in righteousness and piety (al-birr wat-taqwā). However, he should not pull one of two people [praying together] from the row, since this would cause one of them to end up praying alone. This is why the 'pulling' described here takes place only after the opening takbīr [i.e., once the person doing the pulling has already validly begun his own prayer]."
Accordingly: it is sunnah for you to pray alongside the person praying alone, and then, if someone else arrives afterward, you may go and fill the gap in the original row. And Allah, the Exalted, knows best.

What is the ruling on a Friday sermon in which the khaṭīb did not explicitly exhort the congregation to be conscious of Allah (taqwā) in both sermons, but sufficed with commanding them to obey Allah and refrain from disobeying Him?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
For the Friday sermon (khuṭbat al-Jumʿah) to be valid, certain essential pillars (arkān) must be fulfilled. Among these is the exhortation to be conscious of Allah (waṣiyyah bi-taqwā Allāh), which must be present in both sermons. Alongside this pillar, the praising of Allah (ḥamdallah) and the sending of blessings upon the Messenger of Allah ﷺ are equally required.
Shaykh al-Islām Imām Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states: "These three are pillars in each of the two sermons, because each sermon is independent and separate from the other." [Tuḥfat al-Muḥtāj,Vol.4/P.447]
It is not a condition that the exhortation be expressed in any specific wording, nor is it required that the word "taqwā" itself be used — such as saying "I exhort you to be conscious of Allah." Rather, this pillar is fulfilled by any expression that contains a command to obey Allah the Almighty and to abstain from what He has prohibited.
Imām al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, states: "The third pillar is the exhortation to taqwā... The specific wording of this exhortation is not required, according to the most correct view, because the purpose is admonition and the urging of obedience to Allah the Almighty. Therefore, any expression that conveys admonition suffices — whether long or short — such as: 'Obey Allah and be ever mindful of Him.'" [Mughnī al-Muḥtāj,Vol.1/P.550]
Accordingly, what the khaṭīb has done — by commanding obedience to Allah and forbidding disobedience to Him in both sermons — is valid and sufficient. And Allah the Almighty knows best.

What is the ruling on ablution if vaginal discharge is expelled, and is it impure?

If these discharges exit from the external genitalia (apparent part of the vagina), they are not impure and do not invalidate ablution. If they exit from the internal part, they are impure and do invalidate ablution. If it is uncertain whether they are from the internal or external part, they are not impure and do not invalidate ablution.
 
The apparent part is what becomes visible when sitting, and what the husband's penis reaches during intercourse is considered part of the apparent. The internal part is what is beyond that. And Allah the Almighty knows best.

 I`m keeping a plot of land (10 Dunums) for my children. Is it liable for Zakah?

Praise be to Allah, The Lord of the Worlds.

Land that is purchased with the intention of ownership and personal benefit—meaning to retain it for use and not for trade—is not subject to zakāh, as such property is not considered from trade commodities (ʿurūḍ al-tijārah).
 
It is stated in Al-Ḥāwī al-Kabīr:
“If it is property and one intends it for trade, then zakāh is due upon it; but if he intends it for personal possession, then no zakāh is due upon it.” And Allah, the Exalted, knows best.

 

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