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Resolutions of Iftaa' Board

Resolution No.(241): "Providing Individuals Born out of Wedlock with Information about their Mothers"

Date Added : 05-11-2017

Resolution No.(241)(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 honoured 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. 

 

Chairman 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

Is it permissible to fast the six days of Shawwal before making up for the missed fasts of Ramadan?

● If a person missed fasts due to a valid excuse, they may fast the six days of Shawwal before making up for Ramadan fasts, because qada (makeup fasts) in this case can be delayed, while the six days of Shawwal must be observed within Shawwal.
● However, if a person missed fasts without a valid excuse, they must make up for the missed fasts immediately after Eid, before fasting the six days of Shawwal. If they fast the six days first, it is valid, but they must still make up for the missed Ramadan fasts afterward.
It is also permissible to combine the intention of qada (makeup fasts) and the six days of Shawwal in one fast. However, it is better to fast them separately, as this increases the reward and avoids scholarly disagreement regarding combining intentions.

What is the meaning of the word aqiqah?

 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah in its linguistic sense refers to the hair upon the head of a newborn at the time of birth.
In its Sharī'ah sense, it refers to the livestock that is slaughtered on behalf of a newborn child.
And Allah Almighty knows best.

I work overtime after regular working hours and may become occupied with my phone or the work computer for personal matters — what is the ruling on this?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is obligatory upon an employee to abide by the instructions and regulations governing overtime hours, and equally obligatory to uphold honesty and avoid all forms of deception and dishonesty. Allah the Almighty says {what means}: "O you who have believed, be mindful of Allah and be with the truthful." [Al-Tawbah/ 119]
Whoever is assigned to work overtime must be present at his workplace — even if he has no specific tasks to carry out at that time. In such a case, he should strive as best he can to spend that time in a manner that benefits the institution he works for. If there is genuinely no work for him to do, there is no objection to occupying his time with something beneficial — such as reciting the Holy Qurʾān, reading, or listening to educational lessons — provided he has already completed all the responsibilities assigned to him.
If, however, he does have work to complete, he must spend that time fulfilling it. He may attend to phone calls or other personal matters to the extent that is customarily acceptable, as long as this does not result in delaying or postponing his work. If he delays his work on account of personal preoccupations, the wages he received for that wasted time are not lawfully his to keep, and he is obliged to return the equivalent amount to the institution by whatever means available to him. And Allah the Almighty knows best.

Is Zakat al-Fitr obligatory for an unborn child (fetus)?

Zakat al-Fitr is not obligatory for a fetus. However, if the child is born before sunset on the last day of Ramadan, then Zakat al-Fitr must be given on their behalf.

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