Articles

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

When does the time for Udhiyah begin?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
The permissible timeframe for Udhiyah (sacrificial offering) begins on the day of Eid al-Adha—the 10th of Dhul-Hijjah—once the sun has risen and a period of time sufficient to perform two brief prayer units (Rak'ahs) and two short sermons (Khutbahs) has passed. This window remains open until the sun sets on the final day of Tashreeq, which is the 13th of Dhul-Hijjah.
 
Our Master, the Messenger of Allah (peace and blessings be upon him), said: "Every valley of Mina is a place of sacrifice, and slaughtering may be done throughout all the days of Tashreeq." (Narrated by Al-Bayhaqi and Ibn Hibban)
 
The days of Tashreeq refer to the 11th, 12th, and 13th of Dhul-Hijjah.
 
The most virtuous time to perform the sacrifice is immediately after concluding the Eid prayer, based on the statement of the Prophet (peace and blessings be upon him): "The first thing we do on this day of ours is to pray, then we return and offer our sacrifice. Whoever does that has acted in accordance with our Sunnah (tradition), and whoever slaughters before that, it is merely meat he has provided for his family; it has nothing to do with the ritual sacrifice." (Reported by Al-Bukhari and Muslim)
 
What is meant here is an estimation of time rather than the actual performance of the prayer itself, as our Master, the Messenger of Allah (peace and blessings be upon him), used to offer the Eid al-Adha prayer immediately after sunrise.
 
The sacrifice is valid if performed at any time during these designated days, whether by day or by night, though slaughtering at night is considered disliked (Makruh). And Allah the Almighty Knows Best.

What is the ruling of Islamic Law on making up missed voluntary prayers?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended for a Muslim to make up any missed voluntary prayers — whether the regular Sunnah prayers (rawātib), the witr prayer, or his personal devotional routine (wird). As for voluntary prayers that are tied to a specific cause or occasion — such as the eclipse prayers (kusūf and khusūf) — these are not made up once their time has passed.
Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, stated: "The correct view in our school is that making up the regular voluntary prayers is recommended." [Al-Majmūʿ, Vol. 4/P.43] And Allah the Almighty knows best.

What is the ruling of Islamic Law on someone who wakes up in a state of janābah (major ritual impurity) near the very end of the prayer's designated time, during cold weather — should he heat water in order to perform ghusl, even though the prayer's time will expire as a result, or should he perform tayammum instead?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If the water is cold, and cannot be used due to fear of harm that is not ordinarily tolerable, or that would result in illness, then in this case it becomes obligatory to heat the water — even if heating it causes the time for Fajr to expire — and no sin is incurred in doing so, due to his valid excuse. He may not resort to tayammum (dry ablution) instead, since water remains available [and merely needs to be heated].
Imam Shihāb ad-Dīn Aḥmad ar-Ramlī (raḥimahullāh) said: "He was asked regarding a person who, if he were to use cold water, would experience harm that permits tayammum, and who has access to something with which he could heat the water — but if he heats it, the prayer's time will expire. Is it obligatory for him to heat it even if the time expires, or should he pray with tayammum within the prescribed time? He answered that it is obligatory for him to heat the water, even if the time for that particular obligatory prayer expires." [Fatāwā ar-Ramlī, Vol.1/P.98]
Imam al-Bājūrī (raḥimahullāh) said in his Ḥāshiyah on Sharḥ Ibn Qāsim (Vol.1/P.173): "And if he fears [harm] from using cold water, and is currently unable to heat it, but knows of a place where firewood is available, such that if he were to go there he would not return until after the prescribed time has expired — what appears [to be the correct position] is that it is obligatory for him to go and seek the firewood, even if the time expires as a result, as this is the position ultimately settled upon by ar-Ramlī, and as related from him by Ibn Qāsim." And Allah, the Exalted, knows best.

What is the Islamic ruling on the Udhiyah (sacrificial offfering)?

 
 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Udhiyah (sacrificial offering) is a Confirmed Sunnah (Sunnah Mu’akkadah) for every adult Muslim of sound mind who possesses the financial means, whether they are a resident, a traveler, or a pilgrim (Haj). This is based on the statement of the Prophet ﷺ: 'When the ten days [of Dhu al-Hijjah] begin and one of you desires to offer a sacrifice, let him not touch [cut] anything of his hair or skin' [Narrated by Muslim].
 
The point of evidence (Wajh al-Dalalah) here is that the Prophet ﷺ linked the sacrifice to the individual's will and desire by saying, 'and one of you desires.' This indicates that it is not obligatory (Wajib); had it been mandatory, he would have simply said, 'let him not touch his hair until he sacrifices' [without making it conditional upon desire].
 
Furthermore, it is narrated that Abu Bakr and Umar (may Allah be pleased with them both) would sometimes refrain from offering the sacrifice out of fear that people might mistakenly view it as an obligatory duty [Narrated by al-Bayhaqi and others with a good (Hasan) chain of transmission]. And Allah the Exalted knows best.