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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

Which is better for a traveler: fasting or breaking the fast?

Fasting is better, unless it causes hardship—in that case, breaking the fast is better.

Is it permissible to agree with a butcher to purchase the meat of an animal after it has been slaughtered — for instance, by buying the meat of a sheep at a price determined by the weight of its meat following slaughter, at a fixed rate per kilogram? And what is the ruling if the animal is being purchased with the intention of it being an uḍḥiyyah (sacrificial offering)?

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible to sell livestock in the manner of pricing each kilogram of meat after slaughter at a fixed rate, because the meat within the animal prior to slaughter is unseen and unknown. This leads to jahālah (ignorance of the subject matter) and gharar (contractual uncertainty), both of which are among the invalidating factors in sales transactions.
However, it is permissible for the buyer to issue a promise to purchase the meat of the animal after slaughter at a specified price per kilogram, with the actual sale being concluded at the time of weighing the meat — at which point both the quantity of the goods and the total price become known. There is no Sharī'ah objection to this arrangement.
The jurists have stipulated that for a sale to be valid, both countervalues must be present and observable. Al-Khaṭīb al-Shirbīnī, may Allah have mercy upon him, states:
"It is valid to sell a heap of grain whose total measure is unknown to both contracting parties at a rate of one sā' per dirham. This sale is valid because the subject of sale is present and observable, and ignorance of the total price is not harmful since it is known in detail — and uncertainty is thereby lifted."— [Mughnī al-Muḥtāj, Vol.2/P.355]
As for the uḍḥiyyah, the 'aqīqah, and vowed blood sacrifices (al-dam al-mandhūr) — full ownership of the animal must be established prior to slaughter. It is not valid for such animals to be slaughtered while still in the ownership of the butcher. Rather, the animal must be purchased alive and then slaughtered with the intention of uḍḥiyyah or the like. And Allah Almighty knows best.

Is it permissible for a woman to observe voluntary fast without her husband's permission?

A woman is not permitted to observe a voluntary fast (nafl) while her husband is present without his permission.

Does the fast become invalid if water from rinsing the mouth reaches the stomach while performing ablution?

If water reaches the stomach without the fasting person exceeding normal rinsing or being excessive, their fast remains valid.
However, if they exceed the normal practice or exaggerate in rinsing, causing water to enter the stomach, their fast is invalid.
This is because excessiveness in rinsing is prohibited for a fasting person, as the Prophetﷺ said: "Exaggerate inhaling water during ablution, except when you are fasting." [Narrated by the Four Imams]
Transgression (Ta‘addi) refers to rinsing the mouth more than three times, while exaggeration (Mubalaghah) includes gargling, drawing water deep into the nasal passages, or filling the mouth with water in an unusual manner.

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