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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

Is the marriage, which lacks a valid legal contract, a guardian, and a court registration, valid?

It is incumbent that a valid marriage contract be concluded in the presence of a guardian and two trustful witnesses, and it should be registered in the court to protect the rights of the wife. Actually, a valid marriage contract is what differentiates between sound marriage and fornication.

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]

What is the ruling on someone who possesses gold with the intention of saving/hoarding it, and owns nothing else — is he obligated to sell a portion of it in order to pay the zakāh due on it?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh becomes immediately obligatory on cash, and likewise on gold — that which is not designated for a woman's personal adornment— once both reach the niṣāb (minimum threshold liable for zakah) and a full ḥawl (lunar year) has passed over them. It is not permissible to delay payment when it is genuinely possible to pay — meaning, when the wealth and the eligible recipients are both available. It is stated in Mughnī al-Muḥtāj (Vol.2/p.129): "Zakāh is obligatory immediately once it becomes feasible to pay it, meaning when the wealth and the eligible recipients are both present."
The one paying zakāh must discharge the obligatory zakāh due on saved (hoarded) gold either from the gold itself, or from its equivalent monetary value, in the event that no other funds are available — since paying from the gold itself is the original default (al-aṣl). It becomes permissible to pay from other funds instead only because zakāh is built upon the principle of ease and leniency, as stated in Asnā al-Maṭālib (Vol.1/p.366): "When a full ḥawl has elapsed on wealth other than trade goods... zakāh attaches to the actual asset itself (al-‘ayn), and the poor effectively become partners in it — even, for example, [becoming partners] in camels through the value of a sheep [owed as zakāh on them]... Paying from other wealth is permitted only because zakāh is built upon the principle of ease and leniency."
Accordingly: the one paying zakāh must discharge it either from the actual saved gold itself, or by selling a portion of the gold equal to the amount of zakāh owed. He may also borrow money to pay the zakāh, or pay the zakāh in installments before the ḥawl is complete [as an advance payment]. And Allah, the Exalted, knows best.

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