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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

It is stated in the Noble Quran that pork is forbidden for Muslims. Why is that so?

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.
To Allah belongs the dominion of the heavens and the earth and He makes certain things allowed for us, while others are declared prohibited. Consequently, He the Almighty wouldn`t make something prohibited unless it is harmful;  whether we are made acquainted with the reason or not. Moreover, medical doctors have stated that there are many harms for pork. And Allah The Almighty Knows Best.   

It was found out that a man divorced his wife for the third time in 2005, but they continued cohabiting as man and wife. However, when they realized that what they were doing was unlawful, they came the Iftaa` Department in 2009 and were told that they can`t be together. What is the position of Sharia on this couple?

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.
Her Iddah* period starts after the third divorce. As for the continued cohabitation, it is unlawful because being ignorant about the rulings of Sharia while in Dar Al-Islam* is no valid excuse. If a baby came as the fruit of this unlawful consummation of marriage, then a judge of Sharia has the final say in this regard because lineage is a serious matter. And Allah The Almighty Knows Best.
* ʿIddah: a specified period of time that must elapse before a Muslim widow or divorcee may legitimately remarry. The Qurʾān (Sura,2/verse,228) prescribes that a menstruating woman have three monthly periods before contracting a new marriage; the required delay for a nonmenstruating woman is three lunar months.
* Dar Al-Islam: designates a territory where Muslims are free to practice their religion, though this often implies the implementation of Islamic law, whereas Dar al-Harb represents those lands ruled by non-believers

What is the difference between Tahajjud prayer and night prayer, and do they have a particular Witr prayer other than that of Isha (evening prayer)?

Tahajjud and Qiyam-Al-Lail (night prayer) are two words for the same meaning which is offering voluntary prayer at night after sunset, but before dawn break. However, Tahajjud is offered after waking up; whereas, Qiyam-Al-Lail is permissible before sleeping, or after it. Therefore, every Tahajjud is a Qiyam, but not every Qiyam is a Tahajjud. Moreover, there is no specified Witr for both of them, but Witr after Isha is by itself the Witr of Qiyam, and it is a Sunnah to postpone it until after Qiyam if the worshiper thought that he was most probably going to wake up in order to offer it, but if he wasn`t sure of waking up, then he is at liberty to offer it before going to bed as was reported in the Prophet`s Hadith.

Is it permissible for a person, who vowed to offer two Rak`ahs (units of prayer) everyday for Allah`s sake, to do so after the Fajr (dawn) prayer?

In principle, a vow should be fulfilled as it was originally intended, and if its time lapses then, it should be fulfilled at any time because of the vow. Therefore, it is permissible to offer them after the Fajr prayer, and there is no prohibition in doing so. However, it is preferable for him to offer these two Rak`ahs at some other time to avoid the disagreement amongst the scholars in this regard.

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