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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 omitting the prostration of recitation?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The prostration of recitation (Sajdat al-Tilawah) is a Sunnah for both the reader and the listener. There is no sin in omitting it, though doing so results in missing a great reward. Muslim narrated from Abu Hurairah (may Allah be pleased with him) that the Prophet ﷺ said: 'When the son of Adam recites a verse of prostration and prostrates, Shaytan withdraws weeping, saying: "Woe to him! (and in the narration of Abu Kuraib: "Woe to me!") The son of Adam was commanded to prostrate and he prostrated, so Paradise is his; and I was commanded to prostrate and I refused, so the Fire is mine."'
 
Sheikh al-Islam Imam al-Nawawi (may Allah have mercy on him) stated: 'It is recommended to prostrate immediately after reciting or hearing a verse of prostration. If one delays it but the interval is short, he may still prostrate. However, if the interval is long, the opportunity is missed.' [Rawdat al-Talibin Vol.1/P.323].
 
Furthermore, the prostration of recitation becomes obligatory (Wajib) in congregational prayer if the Imam prostrates, out of the necessity of following him. And Allah the Exalted knows best.

What is the Islamic ruling on smearing the head of the newborn with the blood of the `Aqiqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is disliked (makrūh) to smear the head of the newborn with the blood of the 'aqīqah, as this is a practice that belongs to the customs of the pre-Islamic era of ignorance (Jāhiliyyah). What is Sunnah instead is to anoint the newborn's head with saffron or another pleasant fragrance. And Allah Almighty knows best.

Is it permissible for someone who is unable to fast to pay the fidyah (ransom/compensation payment) to himself, due to his own poverty?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is not permissible, nor does it fulfill the obligation, for a sick person who is currently and permanently unable to fast to pay the fidyah (ransom/compensation payment) to himself, since it is a financial obligation owed by him, established as a standing debt upon him — much like any other debt he owes. If he were to pay it to himself, it would not thereby be discharged. So if he cannot find [anyone eligible to] pay it to, it remains a standing obligation upon him, and is not thereby waived. If Allah, the Mighty and Majestic, later grants him wealth, it becomes obligatory upon him to pay it out to the poor and needy.
Imam al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "There is no difference in the obligation of the fidyah between the wealthy and the poor person; its benefit lies in its remaining established as a standing debt upon the poor person [until he is able to pay it] — and this is the more correct position (al-aṣaḥḥ), as indicated by the wording of ar-Rawḍah and its source text." [Mughnī al-Muḥtāj, Vol.2/P.174]
Accordingly: it is not permissible for a Muslim to pay the fidyah to himself while he remains poor. If the sick person is poor, he is not obligated to pay the fidyah immediately, and it remains a standing debt upon him until a time when he has sufficient means and wealth. And Allah, the Exalted, knows best.

What is the ruling on one who wiped over his leather socks (*khuff*) while resident and then traveled, or wiped while traveling and then became resident? And likewise, what is the ruling on one who incurred a minor ritual impurity (*ḥadath aṣghar*) while resident, then traveled and wiped while traveling?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Whoever wipes over his leather socks (khuffayn) while resident and then travels, or wipes while traveling and then becomes resident, before a day and a night have passed in both cases, completes the wiping period of a resident. If he wipes while resident and then travels after a day and a night have passed, he must remove the socks, because the period has ended. Likewise, if he wipes while traveling and then becomes resident after a day and a night have passed, he must remove them as well.
Whoever breaks his wuḍūʾ while resident and then wipes while traveling takes the ruling of a traveler as regards the duration of wiping, so long as he does not become resident. It is stated in ʿUmdat al-Sālik wa ʿUddat al-Nāsik (Vol.1/p.15): “If he wipes over both [socks] or one of them while resident and then travels, or wipes while traveling and then becomes resident, or doubts whether he began the wiping while traveling or while resident, he completes only the wiping period of a resident. But if he broke his wuḍūʾ while resident and wiped while traveling, he completes the period of a traveler, whether or not the full time of a prayer had passed over him while resident.” And Allah Almighty knows best.

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