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Resolutions of Iftaa' Board

Resolution No.(256): "Ruling on Proving Lineage of Child Born out of Wedlock"

Date Added : 15-05-2018

Resolution No.(256)(9 /2018) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Proving Lineage of Child Born out of Wedlock"

Date: 3/Sha`ban/1439 AH, corresponding to 19/4/2018 AD.

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.

During its fifth session held on the above date, the Board reviewed the letter sent from Mr. Hussein Al-Qaisi, Chairman of the House of Deputies` Legal Committee, and it read as follows: Could you clarify the ruling of Sharia on attributing the child born out of wedlock, in rape cases, to rapist if definite scientific methods have proven that?

After deliberating, the Board decided to ask the House of Deputies to rephrase article (157) of the Civil Status Law No.(36)/2010, to read as follows:

1- A child`s lineage to father is proven by wedlock, confusedness of sexual intercourse, father`s confession or the existence of a proof.

2- The court has the right to prove lineage by resorting to definitive scientific methods with observing the rulings of proving lineage by wedlock. And Allah Knows Best.

Chairman of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem Al-Khasawneh, Member

Dr. Ahmad Al-Hasanat, Member

Dr. Majid Darawsheh, Member

Sheikh Sa`eid Al-Hijjawi, Member

Prof. Abdullah Al-Fawaz, Member

Judge Khalid Wuraikat,    Member

Dr. Mohammad al-zou`bi, Member

 

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Summarized Fatawaa

What is the ruling of Sharia when a woman leaves her house at one in the morning without husband`s consent?

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 unlawful for a woman to leave her house without husband`s consent. And Allah The Almighty Knows Best.

What are the conditions of the Aqeeqah?

The animals that are acceptable to be slaughtered for 'Aqeeqah are the same which are acceptable to be slaughtered for the sacrifice of 'Eed in terms of their age and lack of defects. The sheep should be one year old, and its teeth should have fallen off. As for goats and cows, they should have finished two years of age and entered into the third. The Aqeeqah should be free of any defects as regards meat, or price value.

Is it permissible to make ablution without answering the call of nature after waking up?

Washing front and back openings (Istinjaa`) is not a condition for the validity of ablution because it is done to remove Najaasah (impurity), thus if there is no Najaasah, there is no need for that, and then it is permissible to make ablution without answering the call of nature. However, prayer is invalidated if there is Najaasah on the anus ,or the front opening, so it (Najaasah) must be removed for the prayer to become valid, and not the ablution.

Is it permissible for a woman who is in her confinement to fast upon seeing blood signs that are neither black, nor red ?

Brownish, reddish, and yellowish discharges are all considered confinement until there is no colored discharge which marks the end of confinement. Moreover, the aforesaid woman is prohibited from fasting until she attains ritual purity. And Allah Knows Best.

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