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Resolutions of Iftaa' Board

Resolution No.(10): "Children are Considered Muslims Following any of their Parents"

Date Added : 04-03-2021

Resolution No.(10) by the Board of Iftaa`, Research and Islamic Studies:
“Children are Considered Muslims Following any of their Parents“           
Date: 8/11/1408 AH, 22/6/1988 AD

Question: What is the ruling of Sharia on the following? 

Mr. (X) obtained a family register in 1979 on basis of being a Christian. Later on, he produced a certificate issued by a Sharia court indicating that he had embraced Islam in 1971. On September 16, 1987, he requested changing his religion from Christianity into Islam in both: the civil register and the family register, based on the above certificate.

Based on the aforementioned certificate, the registrar changed Mr. (X`s) religion from Christianity into Islam, and the latter was issued a new family register on basis of being a Muslim.

In 1974, Mr. (X) married Mrs. (O) at a Catholic church. Later on, his children (A,B,C), who are all above eighteen, came to the registrar and requested keeping their religion as Christians in the civil register, family register and  identification cards.

What is the view of the Iftaa` Board on them keeping their religion as Christians although they were minors when their father embraced Islam in 1974?

Answer: All perfect praise be to Allah, The Lord of the Worlds.

The Board is of the view that the children mentioned in the above question are considered Muslims because they were minors when their father embraced Islam. They should have been registered as Muslims by the concerned government departments after their father embraced Islam as stipulated by the rulings of Sharia and the effective Jordanian laws. This is because a minor follows the religion of his/her father as stated by the four Islamic schools of thought.

As regards their request to keep their Christian religion in official documents after having reached the age of puberty, this matter isn`t permissible according to the rulings of Sharia since a person who changes his/her religion from Islam into any other religion is considered an apostate and his/her new religion isn`t recognized. And Allah Knows Best.

 

The Board of Iftaa`
Chairman of the Board, Chief Justice, Mohammad Mohailan
The Grand Mufti of Jordan, Vice Chairman of the Iftaa` Board: Izz al-Deen al-Tamimi
         Dr. Nooh al-Qodat           

    Dr.Ibrahim al-Keelani
        Dr. Abdulfatah Amr       
             Dr. Abdulhalim Ar-Ramahi
           Dr. Mostafa Az-Zarqa     
           Dr. Mahmood al-Sartawi
                Dr. Mahmood al-Reffai       
               Dr. Abdulssalam al-Abbadi
         Dr. Yaseen Daraddkeh

 

 

 

 

 

 

 

 

 

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Summarized Fatawaa

If someone fasts on the White Days with the intention of making up for missed fasts (qada), will they receive the reward for both voluntary and obligatory fasting?

Making up missed obligatory fasts (qada) is mandatory, and the intention for qada must be specified.
If a person makes up their missed Ramadan fasts on the White Days, they must intend qada, but they may also intend to fast the White Days, and Allah willing, they will receive the reward for both.
This is similar to entering a mosque and praying an obligatory prayer, where the person also earns the reward of Tahiyyat al-Masjid (greeting the mosque) if they intend both.
● If the person missed their fasts due to a valid excuse, they may wait and fast on the White Days.
● However, if they missed the fasts without a valid excuse, they must make up the fasts immediately and should not delay them until the White Days.

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.

What is the ruling on making up missed prayers during prohibited times?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to make up (qada’) missed prayers at any time, even during the periods when prayer is generally prohibited. The prayers that are forbidden and considered invalid during these times are 'absolute voluntary prayers' (nafl mutlaq)—which have no specific cause—and voluntary prayers whose cause follows the prayer itself, such as the Sunnah of entering Ihram or the Sunnah of the Istikharah prayer. Furthermore, no prayer is considered disliked (makruh) during these prohibited times when performed within the Meccan Sanctuary (Makkah al-Mukarramah).
 
It is stated in Bushra al-Karim (Vol.1/P.181), one of the Shafi’i texts: 'It is not forbidden to perform prayers that have a cause that is not delayed (i.e., the cause is preceding), such as making up a missed prayer (fa’itah)—even if it was a voluntary one—and the funeral prayer (janazah); or a cause that is simultaneous, such as the prayer for rain (istisqa’) or the eclipse prayer (kusuf)... and the Sunnah of wudu, the greeting of the mosque (tahiyyat al-masjid), the Sunnah of circumambulation (tawaf), the Sunnah of arrival, and the prostrations of recitation (tilawah) or thankfulness (shukr). These mentioned prayers and their like are not forbidden provided that one does not specifically intend (ta'ammud) to perform them during the disliked time because it is a disliked time. If one does so intentionally, it becomes forbidden, even if it is a mandatory makeup prayer that is due immediately; because in that case, one is acting in defiance of the Sharia. This is in contrast to when one does not specifically seek out that time, even if the prayer happens to fall within it, or if one seeks it for another purpose—such as delaying a funeral prayer to that time so that a larger number of people may pray over the deceased; in such cases, it is permissible and valid... And it is forbidden to perform prayers with no cause at all, like absolute nafl, or those with a delayed cause, such as the Istikharah prayer, the prayer for Ihram, the prayer for a need (hajah), the prayer before leaving the house, or the prayer before execution; because their causes occur after the prayer itself.' And Allah the Exalted knows best."

What should one do if they see someone deliberately eating or drinking openly during Ramadan?

They must enjoin what is right and forbid what is wrong. If they fear harm from that person, they should disapprove of it in their heart but avoid sitting with them if possible. It is also preferable to seek the help of the authorities to prevent them from doing so.

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