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Statement on Criminalizing the Father Killing his Child
Author : The General Iftaa` Department
Date Added : 08-06-2023

Statement on Criminalizing the Father Killing his Child

 

Praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

 

According to the general rule in Sharia, the relationship between the father and his children should be based on love, respect, guidance and advice, and through these foundations the father undertakes the task of upbringing them in a sound manner. Since children are not infallible, parents should direct them with sound educational methods and avoid violence as discipline does not only mean punishment, but the educator should always take into account the best interest of the child.

 

Sharia forbids the father to discipline his child to the point of harming him/her, and this act is considered a major sin if it led to the death of the child. This is because discipline is of no avail when the child has turned into a dead body and the father into a murderous criminal?

 

Islam has forbidden taking life unjustly and made this one of the major sins. Allah says {What means}: "If a man kills a believer intentionally, his recompense is Hell, to abide therein (For ever): And the wrath and the curse of God are upon him, and a dreadful penalty is prepared for him." {An-Nisa`, 93}. Ibn 'Umar (May Allah bepleased with them) reported: Messenger of Allah (PBUH) said, "A believer continues to guard his Faith (and thus hopes for Allah's Mercy) so long as he does not shed blood unjustly"[Al-Bukhari].

 

The Messenger of Allah (PBUH) ordered us to avoid the seven destructive sins and mentioned taking life, which Allah made sacred, except for a just cause as one of them. According to Islam, human life has sanctity and preserving it is one of the five necessities. Allah says {What means}: " if any one slew a person - unless it be for murder or for spreading mischief in the land - it would be as if he slew the whole people: and if any one saved a life, it would be as if he saved the life of the whole people." {Al-Ma`dah, 32}.

 

Therefore, we call on all parents to apply the peaceful educational methods of education and discipline, using the modern means that are consistent with our purified Sharia in order to have a conscious generation that assumes its responsibilities in building the country and the nation, and Allah the Almighty knows best.

The General Iftaa` Department.

 

 

 

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Summarized Fatawaa

What is the ruling on waiving a debt owed by a debtor and counting it toward zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Waiving a debt owed by a debtor, with the intention of counting it toward zakāh, does not fulfill the zakāh obligation. Rather, it constitutes an ordinary act of charity, for which Allah rewards the giver generously — since one of the conditions for the validity of zakāh is that the person paying it must form the intention of zakāh at the actual moment the wealth is paid out. In this case, the debt has already been established as a standing obligation upon the borrower, so it is not valid to simply redirect the intention toward zakāh after the fact.
It is preferable, instead, for the creditor to first collect the debt from the debtor, and then return to him the amount of money he is required to pay as zakāh — or a portion of it — if the debtor happens to fall under one of the eight categories that Allah, the Exalted, has commanded be given from zakāh.
It is stated in ‘Umdat as-Sālik, from the books of the Shāfi‘ī school: "If someone gives [money] to a poor person, stipulating that the recipient return it to him in payment of a debt owed to him, or says, 'I am making what you owe me into zakāh, so take it [as such]' — this is not valid. But if he gives it to him with the [unstated] intention that the recipient will use it to repay him, or says, 'Repay what you owe me, so that I may [then separately] give it to you as zakāh,' or the debtor himself says, 'Give it to me, so that I may [then] repay you with it' — this is valid, and there is no binding obligation for the recipient to actually fulfill this [informal understanding]." And Allah, the Exalted, knows best.

I broke my oath and am now obligated to pay the expiation for a broken oath (kaffārat al-yamīn). Would it be valid to fulfill this by inviting the poor and needy to a meal for them to eat from?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
The expiation for a broken oath (kaffārat al-yamīn) is given to the poor (fuqarā') and needy (masākīn), and it must be given in the form of ownership (tamlīk) transferred to them of the required amount — namely, one mudd of the staple food of the locality, or its equivalent monetary value. It isn`t valid to invite the poor or needy to a meal prepared for them to eat from, as this does not constitute "ownership" (tamlīk) but merely "permission to partake" (ibāḥah).
Imam al-Shirbīnī (may Allah have mercy on him) said: "What is intended is that ownership be transferred to them; therefore, providing them with lunch or dinner [as a meal to eat from] isn`t valid." [Summarized from Mughnī al-Muhtāj,Vol. 5/P.50]. And Allah the Almighty knows best.

How does the person praying  perform the prostration (Sujud)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is an act of Sunnah for the person praying to descend for prostration (Sujud) by placing their knees first, then placing their hands on the ground, and then placing their nose and forehead simultaneously. It is obligatory that the toes of the feet be on the ground, directed towards the Qibla. And Allah the Exalted knows best.

What is the ruling of Islamic Law on kissing while fasting?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is prohibitively disliked (makrūh taḥrīman) for a husband to engage in foreplay with or kiss his wife during the daylight hours of Ramaḍān if doing so stirs his desire. If pre-seminal fluid (madhī) is released as a result, the fast is not invalidated; however, if seminal fluid (manī) is released, the fast is broken.
Imām al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, stated: "It is prohibitively disliked to kiss — whether on the mouth or elsewhere — for one whose desire is stirred, whether man or woman, to the extent that he fears it may lead to intercourse or ejaculation. Embracing, touching, and similar acts without a barrier carry the same ruling as kissing in this regard, because such acts expose the act of worship to being corrupted — and as the two Ṣaḥīḥs record: 'Whoever circles around a protected boundary is liable to fall into it.'"
He further added: "It is preferable for one whose desire is not stirred — even if he is a young man — to refrain from such acts as well, so as to close the door entirely. For he may believe his desire has not been aroused when in fact it has. Moreover, it is Sunnah for the fasting person to abstain from all desires without exception." — Summarised with minor adaptation from [Mughnī al-Muḥtāj]. And Allah the Almighty knows best.

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