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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

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Summarized Fatawaa

How does a praying person prostrate?

All perfect praise be to Allah,The Lord of The Worlds                                                                                                                                                                        It is from Sunnah that he/she sits with both knees on the ground in order to prostrate, then hands, nose and forehead are placed on the same place. In addition, the toes have to touch the ground, and be directed towards the Qiblah (direction of Ka`bah) during prostration. And Allah Knows Best.

What is the ruling on combining (jam‘) and shortening (qaṣr) prayers when travel is repeated on a daily basis?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
A traveler is permitted to avail himself of the concessions of shortening and combining prayers once the distance of his journey reaches (81 km) or more. This is on condition that his journey is a permissible one, and that he begins shortening and combining only after setting out and passing beyond the built-up limits of the city in which he resides, or beyond the administrative boundaries of the area where he lives.
Accordingly, if the distance between one's workplace and one's place of residence reaches the distance upon which the concession of combining and shortening depends, then combining and shortening are permissible once he leaves the built-up area, even if this travel is repeated on a daily basis.
Ash-Shirbīnī (raḥimahullāh) said: "It is permissible to combine Ẓuhr and ‘Aṣr, either as an early combination (taqdīm) in the time of the first, or as a delayed combination (ta'khīr) in the time of the second; and likewise Maghrib and ‘Ishā' — either early, in the time of the first, or delayed, in the time of the second — during a long, permissible journey, in following [the Prophet's practice]. As for the delayed combination, it is established in the two Ṣaḥīḥs from the ḥadīth of Anas and Ibn ‘Umar (raḍiyallāhu ‘anhum). As for the early combination, Ibn Ḥibbān and al-Bayhaqī graded it ṣaḥīḥ from the ḥadīth of Mu‘ādh, and at-Tirmidhī graded it ḥasan." [Quoted with slight abridgment from Mughnī al-Muḥtāj, Vol.1/p.529]
The conditions for combining and shortening have already been explained in Fatwa No. 14 and Fatwa No. 842. And Allah, the Exalted, knows best.

What is the ruling on doubting whether one or two prostrations were performed?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If a worshiper is in doubt regarding the number of units (rak'ahs) or prostrations (sajdahs) performed, he must build upon the minimum (i.e., assume the lower number) and perform the prostration of forgetfulness (Sujud al-Sahw) before the Salam at the end of the prayer. This is based on the report from ‘Ata’ ibn Yasar that the Messenger of Allah ﷺ said: 'When anyone of you is in doubt about his Salat (prayer) and does not know how many he has prayed, three or four (Rak'at) he should cast aside his doubt and base his prayer on what he is sure of. Then, he should perform two prostrations before Taslim (salutation). If he has prayed five Rak'at, they will make his Salat (prayer) an even number for him and if he has prayed exactly four, they (i.e. two prostrations) will be humiliation for the devil..' (Narrated by Abu Dawud).
 
It is stated in Al-Muqaddimah al-Hadramiyyah: 'If one doubts [whether he performed] a bowing (ruku’), a prostration, or a rak'ah, he must perform it and prostrate [for forgetfulness], even if the doubt is removed before the Salam—unless the doubt is removed before he performs what would potentially be an addition. Thus, if he doubts whether he prayed three or four, he is obligated to build upon the minimum.' And Allah the Exalted knows best.

What is the ruling on fasting?

Fasting in Ramadan is an individual obligation (Fard ‘Ayn) upon every mature, sane Muslim who is capable of fasting.
Fasting can also be recommended (Mustahabb), such as voluntary fasting on Mondays and Thursdays, fasting on the Day of Arafah for those not performing Hajj, and fasting on Ashura.
Fasting can be prohibited (Haram), such as fasting on the two Eid days, the Day of Doubt (Yawm al-Shakk), and the Days of Tashreeq.
Some types of fasting are disliked (Makruh), such as singling out Friday or Saturday for fasting without a specific reason and fasting on the Day of Arafah for a pilgrim.

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