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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

Who should pay the Zakah (obligatory charity) from the orphan`s money?

His/her guardian, and if the latter fails to do so, then the orphan himself/herself is obliged to pay the Zakah once he/she reaches puberty, and is capable of handling his/her own affairs. And Allah Knows Best.

What is the wisdom behind legislating the Udhiyah?

The Muslim must know that through the Uḍḥiyah, he complies with the command of Allah, the Exalted, and performs a worship that brings him closer to Allah and distances him from the Fire.
 
The Uḍḥiyah holds profound wisdoms and noble meanings, including:
 
1-Reviving the Sunnah of Abraham, peace be upon him: He complied with Allah's command when He ordered him to slaughter his son Ishmael. Abraham, peace be upon him, succeeded in the test, and when he was about to slaughter his son, Allah sent down a ram to ransom Ishmael and commanded him to slaughter it instead. Allah, the Exalted, says {what means]: "And when he reached with him [the age of] exertion, he said, 'O my son, indeed I have seen in a dream that I [must] sacrifice you, so see what you think.' He said, 'O my father, do as you are commanded. You will find me, if Allah wills, of the steadfast.' And when they had both submitted and he put him down upon his forehead, We called to him, 'O Abraham, You have fulfilled the vision.' Indeed, We thus reward the doers of good. Indeed, this was the clear trial. And We ransomed him with a great sacrifice." [Al-Ṣāffāt/102-107]. Thus, the sacrificial offering became an enduring Sunnah until the Day of Judgment, and Muslims offer their wealth as sacrifices, drawing closer to Allah, the Exalted, reviving this great Sunnah.
 
2-Providing abundance for people on Eid day and the Days of Tashrīq: Among the wisdoms of the Uḍḥiyah is that the Muslim provides generously for his family, neighbors, relatives, and the poor during these days. The Muslim is encouraged to eat from his sacrifice, give charity from it to the poor, and gift from it to his wealthy neighbors. Thus, goodness spreads throughout the entire community. The Prophet, peace and blessings be upon him, said: "The Days of Tashrīq are days of eating and drinking." (Narrated by Muslim). Allah, the Exalted, says {what means}: "And the camels and cattle We have appointed for you as among the symbols of Allah; for you therein is good." [Al-Ḥajj/36]. This good includes the good of both this world and the Hereafter.

What is the ruling on Zakat al-Fitr?

Zakat al-Fitr is obligatory upon every Muslim for themselves and for those they are financially responsible for, provided they possess wealth that is surplus to their and their family's needs on the night and day of Eid.
Ibn Umar reported: "The Messenger of Allah ﷺ made Zakat al-Fitr obligatory—one sa‘ (measure) of dates or one sa‘ of barley—upon every Muslim, whether slave or free, male or female, young or old." [Narrated by Al-Bukhari]
Its estimated amount is approximately 2,500 grams of wheat or rice, and the General Iftaa` Department issues an annual ruling specifying its monetary value.

Does collecting saliva and swallowing it break the fast?

Swallowing collected saliva does not break the fast, but it is an unnecessary and meaningless act.

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