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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 on objecting to the Mosque Imam regarding the joining of prayers due to rain?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is not permissible for any of the congregants to object to the Imam in the mosque, whether the objection is to demand the joining of prayers or to oppose it; for the general principle is that the Imam possesses the religious knowledge (Al-Ilm al-Shar‘i) that qualifies him to make the decision in this matter. And Allah the Exalted knows best."

What is the ruling on undoing braids of hair during the ritual bath?

It is not a condition to undo braids if the water reaches all the hair and penetrates to its base. If the water does not reach except by undoing the braids, then it is obligatory to undo them for the water to reach. And Allah the Almighty knows best.

What should I do in order to wake up for Fajr (dawn) prayer?

All perfect praise be to Allah, The Lord of The Worlds                                                                                                                                                                What should I do in order to wake up for Fajr (dawn) prayer? Answer: Some of the acts that aid in offering Fajr prayer are: 1- Going to bed early. 2-  Willingness to wake up. 3- Reciting Al-Korsi verse from Chapter Al-Baqarah. 4- Taking refuge in Allah from the cursed devil, and making ablution immediatley after being awake, but it is preferable to ask someone to help in this regard to perform the Fajr prayer. And Allah 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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