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Resolutions of Iftaa' Board

Resolution No.(77): “Ruling on Articles (14) & (21) of the Convention on the Rights of the Child“

Date Added : 02-11-2015

 

Resolution No.(77) by the Board of Iftaa`, Research and Islamic Studies: 

“Ruling on Articles (14) & (21) of  the Convention on the Rights of the Child“

Date: 27/4/1425 AH, corresponding to 16/6/2004 AD.

 

 

 

The Board has received the following question: 

Could you present articles (14) & (21) of the Convention on the Rights of the Child to the Board of Iftaa` so as to recommend any required amendment as a prelude to ratifying them in the workshop which will be held by the Ministry of Social Affairs under the patronage of her Majesty Queen Rania?

Answer: All success is due to Allah.

After reviewing article (14) which states the following:

1. States Parties shall respect the right of the child to freedom of thought, conscience and religion.

2. States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child.

3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.

The Board is of the view that this article contradicts with the rulings of Islamic Sharia for the following reasons:

1- The child shall not embrace the religion that he desires because he/she doesn`t have the capacity or lacks it; therefore, he/she is incapable to choose for he/ she doesn`t know what is in their best interest nor realize the consequences.

The Law-Giver made it imperative on the guardians to steer the child in the right direction as regards thought and belief, and familiarize him/her with performing the commandments of Allah, for He Says {what means}: “O ye who believe! save yourselves and your families from a Fire whose fuel is Men and Stones, over which are (appointed) angels stern (and) severe, who flinch not (from executing) the Commands they receive from God, but do (precisely) what they are commanded.” {At-Tahreem/6}.

As Islam is the seal of all religions and the one that Allah accepts, it is imperative that parents or guardians work on deepening belief in the hearts of children and make them hold tight to Islam, for Allah The Exalted Says {what means}: “If anyone desires a religion other than Islam (submission to God), never will it be accepted of him; and in the Hereafter He will be in the ranks of those who have lost (All spiritual good).” {Al-Imraan/85}.

After reviewing article(21) which states:

 

 

States Parties that recognize and/or permit the system of adoption shall ensure that the best interests of the child shall be the paramount consideration and they shall:

(a) Ensure that the adoption of a child is authorized only by competent authorities who determine, in accordance with applicable law and procedures and on the basis of all pertinent and reliable information, that the adoption is permissible in view of the child's status concerning parents, relatives and legal guardians and that, if required, the persons concerned have given their informed consent to the adoption on the basis of such counselling as may be necessary.

(b) Recognize that inter-country adoption may be considered as an alternative means of child's care, if the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the child's country of origin;

(c) Ensure that the child concerned by inter-country adoption enjoys safeguards and standards equivalent to those existing in the case of national adoption;

(d) Take all appropriate measures to ensure that, in inter-country adoption, the placement does not result in improper financial gain for those involved in it;

(e) Promote, where appropriate, the objectives of the present article by concluding bilateral or multilateral arrangements or agreements, and endeavour, within this framework, to ensure that the placement of the child in another country is carried out by competent authorities or organs.

The Board is of the view that this article contradicts with the rules of Islamic Sharia because adoption is forbidden in Islam as stated in the following verse {which means}: “God has not made for any man two hearts in his (one) body: nor has He made your wives whom ye divorce by Zihar your mothers: nor has He made your adopted sons your sons. Such is (only) your (manner of) speech by your mouths. But God tells (you) the Truth, and He shows the (right) Way.” {Al-Ahzaab/4}. Also: “Call them by (the names of) their fathers: that is juster in the sight of God. But if ye know not their father’s (names, call them) your Brothers in faith, or your maulas. But there is no blame on you if ye make a mistake therein: (what counts is) the intention of your hearts: and God is Oft-Returning, Most Merciful.” {Al-Ahzaab/5}.

These  verses clearly state that when someone says that his adopted son is his own son, it doesn`t make him as such; it is only a manner of speech by his mouth. Therefore, it is imperative that a Muslim says the truth and abides by what Allah says in this regard, and that is calling these sons by the names of their fathers, but if their fathers aren`t known, then call them brothers in the faith.

Moreover, Allah`s Apostle said: “If somebody claims to be the son of somebody other than his father knowingly, he will be denied Paradise (i.e. he will not enter Paradise.” {Bukhari}.

In addition, adoption contradicts with the Islamic inheritance system, represents an aggression against the sanctity of honors, and is a sort of lying and deceiving exercised against the child as well as society; therefore, Muslims are obliged to abide by the rules of the true Sharia in case dispute arises. Allah The Exalted Saya {what means}:” O ye who believe! Obey God, and obey the Apostle, and those charged with authority among you. If ye differ in anything among yourselves, refer it to God and His Apostle, if ye do believe in God and the Last Day: That is best, and most suitable for final determination.” {An-Nissa`/59}.

As a result, the Board confirms its former resolution and recommends reserving both articles, 14&15, since they contradict the rules of Islamic Sharia. And Allah Knows Best.

 

 

 

 

Chairman of the Iftaa` Board, Chief Justice, Izzaldeen At-Tamimi
Dr. Ahmad Hilayel
Dr. Yousef Ghyzaan
Dr. Abdulsalam Al-Abbadi
Dr. Wasif Abdulwahaab
Sheikh Saeid Hijjawi
Dr. Mohammad Abu Yahia
Sheikh Nai`em Mujahid
Sheikh Abdulkareem Al-Khasawneh

 

 

* Kindly refer to Al-Bukhary's book [Al-Faraid/Hadith No.6766] and Moslim's book  [Al-Iman/Hadith No. 62].

 

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Summarized Fatawaa

Is it permissible for the wife to give the Zakah (obligatory charity) of her money to her poor husband?

Yes, it is permissible for the wife to give from the Zakah of her money to her poor husband. And Allah Knows Best.

Is it permissible for a woman who has become pure before the end of forty days of confinement to perform different acts of worship? and is it lawful for her husband to have sex with her?

Once postpartum bleeding ceases and she is certain that it won`t happen again, she becomes pure, and so she should perform Ghusl (ritual bath), pray, and fast. She can also have sex with her husband even before the end of (40) days because the minimum of postpartum bleeding is a moment, and the maximum is (60) days. However, the postpartum bleeding for the majority of women is (40) days, but this does not apply to rest of them.

There are olive trees within the precincts of the mosque, and my father covers the costs of electricity, water, and other needs of the mosque. Is it permissible for him to take the olive harvest?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
If trees and fruit-bearing crops are planted in a mosque for the mosque itself, they may only be spent on the mosque’s interests. If they were planted for the public way (musabbalah), that is, for the general public, then any Muslim who enters the mosque may eat from them. If the planter’s intention is unknown, they are treated like those dedicated for public use, wherever custom has so run.
It is stated in Tuḥfat al-Muḥtāj (Vol.6/p.295): “The fruit of a tree planted for the mosque within it is not freely permitted without compensation. Rather, the imam spends its equivalent value on the mosque’s interests. The tree left its planter’s ownership here without any verbal declaration because of the evident indication. The case of planting it for the mosque excludes planting it as musabbalah, in which case eating from it without compensation is permissible, and likewise if his intention is unknown, where custom has so run. The tree may be uprooted from the mosque if the imam sees fit. Indeed, if he makes the plot a mosque while a tree stands in it, the imam may uproot it, even if the endower included it within the endowment (waqf).”
The father is a donor (mutabarriʿ), so he is not entitled to take anything in return for his donation to the mosque.
The Ministry of Awqāf is the body that supervises the affairs of endowments, so it must be consulted and the Sharīʿah and administrative instructions regulating such matters must be considered. And Allah Almighty knows best.

What are the disliked (makruh) acts of fasting?

● Excessive rinsing of the mouth and nose (during ablution), as it may lead to swallowing water.
● Tasting food or doing anything that may risk breaking the fast.
● Engaging in idle talk, and it is even more emphasized to avoid lying, backbiting, and gossiping.

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