عربي
Home


Resolutions of Iftaa' Board


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

 

Decision Number [ Previous | Next ]


Summarized Fatawaa

Is the marriage contract considered valid if concluded at home by the marriage official (Ma`zon)?

Yes, it is valid as long as it is registered at the court.

I vowed to give a specific charity if a certain matter came to pass — what is the ruling on giving that charity before the matter is realised?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Fulfilling a vow (nadhr) is obligatory, in accordance with the word of Allah the Almighty: "And let them fulfil their vows." [Al-Ḥajj/ 29] And the saying of our master the Messenger of Allah ﷺ: "Whoever vows to obey Allah, let him obey Him; and whoever vows to disobey Him, let him not disobey Him." (Reported by al-Bukhārī.)
The Shāfiʿī scholars distinguished between a financial vow (nadhr mālī) and a bodily vow (nadhr badanī). They permitted the fulfilment of a financial vow to be brought forward — before the stipulated condition is met — but did not permit the same for a bodily vow, which may only be fulfilled after the condition has actually been realised.
Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, states: "It is permissible to bring forward the fulfilment of a financial vow before the condition stipulated in it is met — such as saying: 'If I am healed, I vow to free a slave' or 'to give such-and-such in charity' — just as it is permissible to pay zakāh in advance. This is unlike a bodily vow, such as fasting." [Asnā al-Maṭālib, vol. 4/P.246]
Imām al-Bājūrī, may Allah have mercy upon him, states: "Like expiation other than fasting, a financial vow — such as saying: 'If Allah heals my sick one, I vow to free a slave for the sake of Allah,' or 'If Allah heals my sick one, I vow to free a slave on the Friday following the recovery' — it is permissible to bring it forward before the recovery in the first case, and before the Friday following the recovery in the second case." [Ḥāshiyat al-Bājūrī ʿalā Sharḥ Ibn Qāsim, Vol.2/P.596] And Allah the Almighty knows best.

 
What is the ruling on the intention of fasting, where is its place, and when is its time?

The intention is a pillar of acts of worship; it is essential, and worship is not valid without it.
Its place is in the heart, and verbalizing it is recommended so that the tongue reminds the heart. Its meaning is to be determined to abstain from nullifiers of fasting during the upcoming day with the intention of worship and obedience to Allah Almighty. This meaning is naturally present in every Muslim on every night of Ramadan, so there is no need for obsessive doubts. If one says, "I intend to fast tomorrow for the sake of Allah," it removes any doubts.
Its time is from after sunset until before the true dawn.

What are the pillars of fasting?

The pillars of fasting are intention and abstaining from all nullifiers of fasting from dawn to sunset.

See More