Resolutions of Iftaa' Board



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

 

 

 

 

 

 

 

 

 

Decision Number [ Previous | Next ]


Summarized Fatawaa

Zakah due on a woman`s jewelry?

Obligatory Zakah (obligatory charity) isn`t due on a woman`s jewelry used for adornment, provided that the value of each piece is within the range amongst common market price. And Allah Knows Best.

Is it permissible for a menstruating woman to recite the Quran from the computer without actually touching the Quran?

It is not permissible for a woman in her menstrual period, or in postpartum to recite the Quran, even by heart, or without actually touching the Quran itself. Recitation itself is what is prohibited on her regardless of how it is done. However, it is permissible for her to surf through the Quran by her eyes, or to recall it in her head without uttering the words. There is no harm for her to look at the Quranic verses on the computer without touching it, or to utter the words as this is called looking not reciting or reading.

The Jurisprudential Significance of the Ḥadīth: "Whoever says, at the conclusion of the Fajr Prayer, while crossing his legs, before speaking..."
"Whoever says, at the conclusion of the Fajr prayer, while crossing his legs, before speaking: 'Lā ilāha illā Allāh, waḥdahu lā sharīka lah, lahu al-mulku wa lahu al-ḥamdu yuḥyī wa yumītu wa huwa ʿalā kulli shayʾin qadīr' ten times — ten good deeds will be recorded for him, ten bad deeds will be erased from him, he will be raised ten levels, he will spend that day in protection from everything disliked and guarded from the devil, and no sin will be able to befall him on that day except associating partners with Allah" — does this noble ḥadīth apply to the imam, and what is meant by "extraneous speech"?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended for both the imam and those praying behind him to recite, immediately after the final salām, the specific remembrance reported in the sunnah to be said before turning away from one's place of prayer. The imam then leaves his praying spot, and the act of "turning" is fulfilled when the imam faces the congregation — even without physically leaving his spot — by positioning his right side toward them and his left side toward the qiblah, and this applies even while he is engaged in supplication.
Al-ʿAllāmah Ibn Qāsim al-ʿAbbādī states in his Ḥāshiyah ʿalā al-Tuḥfah (Vol.2/P.105): "It is most virtuous for the imam, once he has given the salām, to rise from his place of prayer immediately afterward." He adds that an exception must be made for the remembrances that are specifically required to be recited before he turns away. He then notes, citing Sharḥ al-ʿUbāb: "Yes, an exception to this rising immediately after the salām applies to the Fajr prayer, due to the authentic report that the Prophet ﷺ, when he prayed Fajr, would remain seated until the sun rose." He further cites, from al-Khādim, the ḥadīth concerning one who recites, at the conclusion of the Fajr prayer while still in the position of crossing his leg to rise: "Lā ilāha illā Allāh, waḥdahu lā sharīka lah..." and the rest of the well-known ḥadīth. He comments that this makes explicit that this particular remembrance is to be recited before the worshipper turns his legs to leave, and the same applies to Maghrib and ʿAṣr, as reported in those contexts as well.
What is meant by "speech" in the relevant ḥadīth is extraneous worldly speech that is not called for after the prayer and for which there is no legitimate excuse. The remembrances reported to be recited upon concluding the prayer, however, do not fall under this category of extraneous speech, since they are themselves required by the sharīʿah.
Al-ʿAllāmah ʿAlī al-Shabrāmalsī states in his Ḥāshiyah ʿalā al-Nihāyah (Vol.1/P.551): "If someone greets a person with salām while he is occupied with reciting this remembrance [i.e., 'Lā ilāha illā Allāh...'], should he return the greeting — without this causing him to forfeit the promised reward, since he is engaged in an obligatory matter — or should he delay returning the greeting until he finishes, this being a legitimate excuse for the delay?" He continues: "I say: the more likely view is the former, and the prohibition on speech is to be understood as applying to extraneous speech for which there is no legitimate excuse. Based on this, should the worshipper give precedence to this remembrance ('Lā ilāha illā Allāh...') or to reciting Sūrat al-Ikhlāṣ ('Qul huwa Allāhu aḥad')? This requires consideration, though it is not unlikely that the remembrance takes precedence, given that the Lawgiver urged hastening to it through his words 'while crossing his leg.' This is not considered ordinary speech, since it is not extraneous to what is required after the prayer."
Accordingly, it is recommended for both the imam and those praying behind him to recite this remembrance and to give it precedence over the other remembrances of the prayer, ensuring it is said before they move from their place. And Allah the Almighty knows best.

What is the ruling on ablution if vaginal discharge is expelled, and is it impure?

If these discharges exit from the external genitalia (apparent part of the vagina), they are not impure and do not invalidate ablution. If they exit from the internal part, they are impure and do invalidate ablution. If it is uncertain whether they are from the internal or external part, they are not impure and do not invalidate ablution.
 
The apparent part is what becomes visible when sitting, and what the husband's penis reaches during intercourse is considered part of the apparent. The internal part is what is beyond that. And Allah the Almighty knows best.