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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

Is it permissible to include others in the reward of one`s sacrifice?

 

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for the person offering an Udhiyah (sacrificial offering) to include others in the spiritual reward of the sacrifice. However, it is not permissible for multiple people to jointly share the purchase price of a single sheep or goat, unless one person gifts the money to the other.
 
It is stated in Mughni al-Muhtaj (6/137) by Al-Khatib al-Shirbini:
 
"If a person includes someone else in the reward of his sacrifice and slaughters it on his own behalf, it is permissible."
 
It should be carefully noted that including someone else in the reward of one's sacrifice is completely distinct from offering a sacrifice on behalf of someone else. And Allah the Almighty Knows Best.

When is it Sunnah to slaughter the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah for the 'aqīqah to be slaughtered on the seventh day from the birth of the newborn. According to the sounder position, the day of birth itself is counted as the first of the seven days. Thus, for example, if the child is born on a Saturday, the 'aqīqah is to be slaughtered on the following Friday. If the child is born at night, the count begins from the day that follows. And Allah Almighty knows best.

What is the ruling on a woman using contraception without her husband's knowledge if he is mistreating her?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is not permissible for a woman to use any means of delaying pregnancy without her husband's knowledge, consent, and mutual agreement. This is because having children is a sharʿī right belonging to both spouses equally in Islamic law. Imām al-Māwardī, may Allah have mercy upon him, stated: "The right to a child from a free woman is shared between them both" — meaning between the two spouses. [al-Ḥāwī al-Kabīr, 9/320]
It is therefore not permissible for either spouse to make a unilateral decision regarding the prevention of pregnancy without the consent of the other. We advise both spouses to discuss the matter with wisdom and mutual respect, so as to resolve any disagreement and arrive at a suitable solution that serves the interests of them both. And Allah the Almighty knows best.

What should a person who was favored from Allah with a newborn, but couldn`t afford an Aqeeqah, do?

Aqeeqah (the sheep slaughtered on the seventh day from the child`s birth) is a desirable Sunnah for the financially able since Allah, The Exalted, charges not a soul beyond its capacity. Therefore, if the father couldn`t afford the Aqeeqah before the end of his wife`s confinement, then it isn`t due on him, and if he was able to afford it later on, then it is permissible, but if he didn`t until the child reached puberty, the latter can offer the Aqeeqah himself.

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