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Resolutions of Iftaa' Board

Resolution No.(256): "Ruling on Proving Lineage of Child Born out of Wedlock"

Date Added : 15-05-2018

Resolution No.(256)(9 /2018) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Proving Lineage of Child Born out of Wedlock"

Date: 3/Sha`ban/1439 AH, corresponding to 19/4/2018 AD.

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

During its fifth session held on the above date, the Board reviewed the letter sent from Mr. Hussein Al-Qaisi, Chairman of the House of Deputies` Legal Committee, and it read as follows: Could you clarify the ruling of Sharia on attributing the child born out of wedlock, in rape cases, to rapist if definite scientific methods have proven that?

After deliberating, the Board decided to ask the House of Deputies to rephrase article (157) of the Civil Status Law No.(36)/2010, to read as follows:

1- A child`s lineage to father is proven by wedlock, confusedness of sexual intercourse, father`s confession or the existence of a proof.

2- The court has the right to prove lineage by resorting to definitive scientific methods with observing the rulings of proving lineage by wedlock. And Allah Knows Best.

Chairman of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem Al-Khasawneh, Member

Dr. Ahmad Al-Hasanat, Member

Dr. Majid Darawsheh, Member

Sheikh Sa`eid Al-Hijjawi, Member

Prof. Abdullah Al-Fawaz, Member

Judge Khalid Wuraikat,    Member

Dr. Mohammad al-zou`bi, Member

 

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Summarized Fatawaa

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.

Is it permissible for a guardian (Big brother) to unlawfully stop his sister from getting married?

If the guardian denies her right in getting married for an unlawful reason, she should go to court in order to settle that matter, and the guardian is considered sinful in this case.

When is supplication (du‘a) more likely to be accepted: before or after breaking the fast in Ramadan?

Du‘a is accepted at all times, and this is part of Allah’s mercy and generosity toward His servants.
The Prophet ﷺ said: "No Muslim makes a supplication that does not involve sin or severing family ties except that Allah grants them one of three things: either He grants their supplication immediately, or He stores it for them in the Hereafter, or He averts from them an equivalent harm." [Narrated by Ahmad]
However, in Ramadan, du‘a is especially likely to be accepted shortly before breaking the fast.
The Prophet ﷺ said: "Three supplications are never rejected: the supplication of a fasting person until they break their fast, the supplication of a just leader, and the supplication of an oppressed person. Allah raises it above the clouds, opens the gates of heaven for it, and says: ‘By My might, I will surely grant you victory, even if after a while.’" [Narrated by Al-Tirmidhi]

Who is required to give fidyah for fasting?

Fidyah—feeding one needy person for each missed fasting day—is required for:
1. Those who are permanently unable to fast, such as:
○ Elderly men and women who are too weak to fast.
○ People with chronic illnesses that have no hope of recovery.
2. Pregnant or breastfeeding women who break their fast out of fear for their child (fetus or infant).
3. A person who delays making up Ramadan fasts (qada) until the next Ramadan begins, without a valid excuse.
4. The estate of a deceased person who had missed obligatory fasts and had the ability to make them up but did not do so.

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