عربي
Home


Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No. (127): "Ruling on Attributing the Adopted Orphan to the Surname/family Name of her/his Sponsor"

Date Added : 20-10-2015

Resolution No. (127) /4/2009: "Ruling on Attributing the Adopted Orphan to the Surname/family Name of her/his Sponsor"

On 27/4/1430AH, corresponding to 23/4/2009AD

 

All perfect praise be to Allah, The Lord of The Wolrds.

The Iftaa Board in its session—held on 27/4/1430H (23/4/2009)—reviewed the appeal written by Mr. Amjad Muhammad Adel Abdel-Khaleq al-Kharouf in which he asked to add his family name to the name of the child he had adopted whose name was (Izzel-Deen Amjad Omar Khaled), and to add (Al-Kharouf) after the word (Khaled) in the child’s name.

After studying the request and discussing it, the Board decided the following:

One aim of the Sharia is the protection of family lineage which is a necessity that Islam called to protect because it is a grace of Allah on his worshippers. He Says (What means): “And it is He Who has created man from water, and has appointed for him kindred by blood and kindred by marriage. And your Lord is ever All-Powerful (to do what He wills).” [Al-Furqan 25].

For the sake of keeping ancestry, Islam regulates marriage and prohibits all that may lead to genealogy mix, adultery and the like. Some religious rules such as inheritance and certain forbidden marriage relations are based on genealogy issues.

Because of this, Islam prohibited adoption which means considering someone who is not genealogically related to the person as those who are. He Says (what means): “Allah has not made for any man two hearts inside his body. Neither has He made your wives whom you declare (to be like your mothers) your mothers, nor has He made your adopted sons your real sons. This is but a saying of your mouths. But Allah Says the truth and He guides to the right way. [4] Call them [adopted sons] by the names of their real fathers. That will be more just in the sight of Allah. And if you know not their fathers, then (they are) your brothers in faith, and your clients [freed slaves]. And there is no sin for you in the mistakes that you make unintentionally, but what your hearts deliberately intend (that will be a sin for you). Allah is ever Oft-Forgiving, Most Merciful." [Al-Ahzab 33].

Building on the previous, the questioner cannot give his family name (lineage) to the adopted child. An adopted child will not be a legal son and must not claim his sponsor’s name.

Add to this that there is a difference between what is forbidden as a consequence of breast-feeding and verification of lineage. Breast feeding leads to forbid certain marriages but it does not give the right to claim the lineage. Since the prophet (PBUH) said when the exchange of curse verse was revealed: “If a woman claimed her child to belong to a family to which this child has no blood relation, this woman has nothing to do with God, and God will not admit her into His paradise. And any man who rejects his own child while looking at her/him, God will reject him and will expose him in front of all creatures.” [Related by Abu Dawood and Al-Bayhaqi].

So, the prophet considered claiming a lineage of certain people as a crime that is punishable on the Day of Judgment.

The Prophet (PBUH) also said: “The one who claims descent from someoneother than his (real) father, and the slave who attaches himself to someone other than his (real) master, are cursed by Allah, His Angels and all the people. Allah will accept neither repentance nor ransom from such a person on the Day of Resurrection.”  [Agreed upon].

We advice our brother the questioner to support this orphan and be a good sponsor for him and he will be rewarded by God for the prophet PBUH said: “I and the one who raises an orphan, will be will be like these in the Garden (Paradise)”, and he pointed with his index and middle fingers slightly parted.” [Related by Al-Bukhari]. And Allah Knows Best.

 

Board of Iftaa’

                                                        Head of the Board of Iftaa’:

The General Mufti/his excellence Dr. Nouh Ali Salman Al-Qudhah

The Vice Head: Dr. Ahmad Hlail      

Shaikh Dr. Abdel Kareem al-Khasawneh/ member

 Sheikh Said al-Hajjawi/ member     

       Dr. Muhammad Khair al-Eisa/ member

 Judge Sari Atiyah/ member          

  Dr. Abdel Rahman Ibdah/ member

                  Dr. Muhammad Uqlah al-Ibraheem/ member

         Dr. Abdel Naser Abu al-Basal/ member

                       Executive Secretary of Iftaa’ Board Dr. Muhammad al Khalayleh

Decision Number [ Previous | Next ]


Summarized Fatawaa

What is the ruling of Islamic Law on selling gold or silver in installments or for a differed price?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is prohibited (haram) to sell gold or silver in installments or for a deferred price; rather, immediate hand-to-hand exchange (Taqabud) is mandatory, otherwise, it is considered usury (Riba). The Messenger of Allah ﷺ said: 'Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt—like for like, hand to hand. Whoever increases or asks for an increase has engaged in Riba; the receiver and the giver are the same in this regard.' (Narrated by Muslim). Furthermore, when exchanging new gold for used gold, they must be of equal weight, or it falls into Riba.
 
The permissible solution (al-makhraj) is for the merchant to purchase the used gold for cash first, and then sell the new gold for cash in a separate transaction. However, the price must be paid during the sitting of the contract (Majlis al-Aqd) for both deals. Alternatively, the jeweler may take the used gold with the intent of remodeling or repairing it, and then charge a fee for the craftsmanship or repair work. And Allah the Exalted knows best."

Who is the one required 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 by the guardian of the newborn — the one upon whom the child's financial maintenance is obligatory — provided he is financially capable of doing so. 'Alī ibn Abī Ṭālib, may Allah be pleased with him, reported: "The Messenger of Allah ﷺ performed the 'aqīqah for al-Ḥasan with one sheep." — Narrated by al-Tirmidhī. And Allah Almighty knows best.

What is the ruling of Islamic Law on Making up Prayers Missed before Reaching Puberty?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Among the conditions for accountability for one's actions in the Hereafter is taklīf (religious legal responsibility) — meaning, possessing sound reason and having reached puberty. The signs of puberty are: nocturnal emission, menstruation, or reaching the age of fifteen [lunar years].
Whoever missed prayers before reaching puberty is not obligated to make them up, since taklīf did not yet apply to him at that time. Our master, the Prophet ﷺ, said: "The pen has been lifted from three: from the child until he reaches puberty, from the sleeping person until he wakes, and from the insane person until he regains sanity." [Related by Abū Dāwūd]
The method for making up missed prayers and fasts has already been explained in Fatwa No. 2705, and Fatwa No. 876. And Allah, the Exalted, knows best.

What is the ruling on a second congregation [being formed] in the mosque?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is disliked to deliberately seek to establish a second congregation in a mosque that is not one frequented by transient passersby — such as a neighborhood mosque with a regular, appointed imam — unless permission is granted by that imam, since doing so implies criticism and an affront to him. However, if the mosque is one frequented by transient passersby — such as mosques located in marketplaces — then a second or even third congregation is permissible there, whether or not it has a regular, appointed imam, and whether or not that imam gives his permission. This is because such mosques experience a continuous flow of people coming and going, so no implication of criticism toward the imam is perceived in the formation of multiple congregations in that setting. And Allah, the Exalted, knows best.

See More