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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

What is the due amount of food in expiation for perjury?

It is feeding ten indigent persons: 600 grams (for each) of the average food of your families such as rice, and it is permissible, according to Imam Ahmad Bin Hanbal, to give that amount in money if it was more useful to them.

What is the ruling of Sharia on a Muslim woman who committed Zina with a Christian and became pregnant as a result?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Abortion is forbidden in Islam as it entails taking the life of a soul unjustly. Rather, it is one of the major sins; however, it is permissible only when there is well-established danger on the mother`s life; in which situation scholars gave priority to her life over that of the foetus, since this is, according to Sharia: "The lesser of two evils". In case a Muslim woman committed Zina (Adultery) with a Christian and got pregnant, if this did happen, then this question should be presented to the Iftaa` Committee with the presence of the questioner herself. She could also ask a reliable scholar face to face or via phone. If she gives birth to the baby, then he/she is a Muslim and takes the name of his mother; not the name of the man who was a reason for its conception. And Allah The Almighty Knows Best.

A woman died at the age of ninety. Her living children are nine: two sons and two daughters. The youngest of her grandchildren, from her son who passed away one year before her, is aged thirty-two. Are these grandchildren entitled to the obligatory bequest although they are aged thirty-two and above?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
A Muslim isn`t obligated to leave a bequest to his grandchildren whose father had passed away; rather, this act is recommended. Therefore, if he left a bequest whereby they get less than one third of the estate then Allah will reward him for that. However, if he left no bequest for them then they get nothing because their paternal uncles are alive and they are closer to the deceased and more entitled to inherit him. This is the position of the four schools of Islamic jurisprudence. However, the Personal Status Law didn`t adopt this position; rather, it gave them the same amount to which their father is entitled when alive but his father or mother are dead; provided that it doesn`t exceed one third of the estate. Therefore, we advise them (Grandchildren) to relinquish this share of the inheritance. If not, then we advise their paternal uncles to overlook the amounts taken from their shares and given to their paternal nephews. And Allah The Almighty Knows Best.

Does touching one's wife invalidate ablution?

Touching the wife according to the Shafi'ee's doctrine invalidate husband's ablution. And Allah Knows Best.

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