Resolutions of Iftaa' Board



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

What is the ruling on sacrificing a hornless sheep?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is valid to sacrifice a hornless sheep (al-Jamma’ or al-Jalha’). Similarly, a sheep with a broken horn is also acceptable; it does not affect the validity of the sacrifice even if the break causes bleeding, unless the injury is so severe that it leads to the spoilage of the meat. And Allah the Almighty knows best.

How to perform the witr prayer in terms of connection (wasl) and separation (fasl)?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Witr prayer has several forms that vary in terms of virtue:
 
The First Form: Separating every two units (rak‘ah) with a Tashahhud and a Taslim (salutation). This is superior to connecting the units, even if it is only a single rak‘ah. This is based on the Hadith of ‘Aishah (may Allah be pleased with her): 'The Messenger of Allah ﷺ used to pray eleven units between the end of the ‘Isha prayer and dawn, performing the Taslim after every two units and performing Witr with a single unit.' (Related by al-Bukhari & Muslim).
 
The Second Form: Connecting the units with only one final Tashahhud at the very end.
 
The Third Form: Connecting with two Tashahhuds—meaning reciting the Tashahhud before the final unit without performing the Taslim, then standing to complete the final unit. This form is considered the lowest in rank so that the Witr prayer remains distinct from the obligatory Maghrib prayer, as stated in the Hadith: 'Do not make the Witr resemble the Maghrib prayer.' (Narrated by Al-Daraqutni, who stated its narrators are trustworthy).
 
It is stated in Bushra al-Karim Sharh al-Muqaddimah al-Hadramiyyah: 'It is permissible to connect [the Witr] with one Tashahhud in the final unit—which is better—or with two Tashahhuds in the last two units, as both methods are established in Sahih Muslim from the actions of the Prophet ﷺ. In the connected method, more than two Tashahhuds are prohibited. Furthermore, separating (al-Fasl) is better than connecting (al-Wasl) if the number of units is the same, because the Hadiths supporting it are more numerous and it involves more devotional actions.' And Allah the Exalted knows best."

Is it permissible for a woman to give the ransom (Fidyah) for breaking her fast to her granddaughter (her son`s daughter)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for a woman to give the ransom (Fidya) for breaking her fast in Ramadan to her granddaughter (her son’s daughter), provided that the girl is poor and her basic needs are not being met by the maintenance (Nafaqah) of those who are lislamically obligated to provide for her. And Allah the Exalted knows best.

Can a woman leading other women in Tarawih prayer recite aloud?

Yes, a woman leading other women in Tarawih prayer is allowed to recite aloud, as long as no non-mahram (other than unmarriageable kin) men can hear her.