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Resolutions of Iftaa' Board

Resolution No. (316): "Proposed Amendments to the Rights of the Child Law"

Date Added : 03-01-2023

 

Resolution No.(316): "Proposed Amendments to the Rights of the Child Law"

 

Date: (10 Safar, 1444 AH), corresponding to (6/9/2022 AD).

 

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.

In its thirteenth meeting held on the above date, the Board of Iftaa` reviewed the Child Draft Law (2022) presented to the Board by some in official quarters.

After deliberating for three successive meetings (11, 12, and 13/2013), the Board has recorded the following notes on the articles of this Law:

First: Adding the following provision to the draft law:

"A-The family is the basis of society and its mainstays are religion, morals, and patriotism, and the child has the right to live in its family.

B- Parents shall bear the responsibility for the upbringing, guidance, care, and growth of their child, and the competent authorities shall take the necessary measures to enable the family maintain its role and perform the functions and duties entrusted to it."

Second: "We recommend a provision, to be stated in the law, which takes the various age levels of the child into consideration."

Third: Article (4): "The child shall have the right to enjoy all the rights set forth in this law with paying special attention to religious values and general ethics or rights and reputation of others, or securing national security, public order, or public health."

Fourth: Article (9): "In accordance with the related legislations."

Proposed amendment: "In accordance with personal status legislations." These are rulings of Sharia stated in personal status legislations exclusively.

Fifth: Article (12): "Enabling the family to perform its essential role in child upbringing, education, and providing it with the needed care to guarantee its normal growth to the fullest."

Proposed amendment: "This phrase is to be deleted since it was stated in the proposed new article "First" mentioned above."

Sixth: Article (13): "Replacing the phrase "Extended Family" with "Nuclear Family" and adding a phrase at the end of the article to make it read as follows: "In accordance with the relevant legislations taking the best interest of the child into consideration in line with what courts competent in matters of personal status see fit."

Seventh: Article (15)/B: "The child`s parents shall adhere to…"

Proposed amendment: "The child`s Wali (Guardian) shall adhere to…"

Eighth: Article (16)/C: "And its sexual health."

Proposed amendment: "Health", and deleting the word "Sexual."

Ninth: Article (17)/A/ (1): "Enabling the child and its parents."

Proposed amendment: "Enabling the child and its Wali (Guardian)."

Tenth: Article (18)/A: "The child has the right to participate….etcetera"

Proposed amendment: "Taking into account the rights and responsibilities of the Wali (Guardian) or the person entrusted with looking after the child, the child has the right to….etcetera."

Eleventh: Article (18)/B: "Child`s participation in determining and implementing the recreational, cultural, artistic, and scientific programs."

Proposed amendment: "Providing and implementing the recreational, cultural, artistic, and scientific programs."

Twelfth: Article (20)/C: "Despite what is stated in any legislation, having the capacity as parents or person entrusted with looking after the child isn`t an excuse to commit any of the acts included in this Article."

Proposed amendment: "Paragraph C is to be deleted from this Article."

Thirteenth: Article (21)/C: "In a way that guarantees, where possible, keeping the child in its extended family`s environment."

Proposed amendment: "In a way that guarantees, where possible, keeping the child in its nuclear family`s environment."

Fourteenth: Article (24)/C.

Proposed amendment: "Paragraph C is to be deleted because it is contrary to paragraph (A), which restricted assistance to current legislations which could include formal and objective rules and restrictions.

Fifteenth: Article (30): "The National Council for Family Affairs shall prepare periodic reports on child`s rights stated therein, and to that end, shall form the competent committees and national teams, and be assisted by any party. The reports are to be submitted to the Council of Ministers."

Proposed amendment: "The National Council for Family Affairs shall prepare periodic reports on child`s rights stated therein provided that it doesn`t dwell on the legal processes, and to that end, shall form the competent committees and national teams, and be assisted by any party. The reports are to be submitted to the Council of Ministers."

Sixteenth: Adding a new separate article that states: "It is prohibited to publish, offer, distribute, reproduce or possess any printed matter or audio-visual material that panders to children's basest instincts, projects a positive image of behavior that offends against society's values or traditions, or encourages children to engage in delinquency."

 

Grand Mufti of Jordan, Sheikh Abdulkareem Al-Khasawneh

Dr. Mohammad Al-Khalayleh/ Member

Prof. Mahmoud Al-Sartawi/ Member

Sheikh Sa`eid Hijjawi/ Member

Prof. Amjad Rasheed/ Member

Prof. Adam Nooh Al-Qhodah/ Member

Dr.Hasan Makhatreh/ Member

Dr. Jameel Khatatbeh/ Member

Dr. Ahmad Al-Hasanat/ Member

Dr. Mohammad Younes al-Zou`bi/ Member

 

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Summarized Fatawaa

Is Zakah (obligatory charity) due on leased property, and how is it calculated?

Zakah isn`t due on the leased property itself, but on the saved income from that property if it reached Nissab (minimum amount liable for Zakah), and a whole lunar year had lapsed over saving it.

 
Are the mother's maternal and paternal uncles, and the father's maternal and paternal uncles, considered among the unmarriageable kin (Maharim)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
A mother’s maternal uncle and her paternal uncle, as well as a father’s maternal uncle and his paternal uncle, are all considered among the unmarriageable kin (Maharim). And Allah the Exalted knows best.

My brother works in a conventional bank and gave me one of the gifts distributed to bank employees — what is the ruling on accepting it?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no objection to accepting such gifts, because the physical gift itself does not carry any inherent prohibition — unlike stolen property. Sin does not transfer or extend to the one who receives the gift, for Allah the Almighty says {what means}: "And no bearer of burdens shall bear the burden of another." [Al-Anʿām/164]
The evidence for this is that the Prophet ﷺ himself ate from the food of the Jews, conducted transactions with them, and purchased from them — and it is well known that their wealth was intermingled with ribā. Similarly, the wealth of conventional ribā-based banks is a mixture of the lawful and the unlawful.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states: "It is not forbidden to transact with one whose wealth is predominantly unlawful, nor to eat from it — as al-Nawawī affirmed in al-Majmūʿ." [Tuḥfat al-Muḥtāj, Vol. 9/P.389] And Allah the Almighty knows best.

What is the ruling on using a miswak (tooth-stick) during the day in Ramadan?

It is permissible to use a miswak before noon while fasting. However, according to the Shafi'i school, it is disliked (makruh) after noon in order to preserve the natural effect of fasting in the mouth, as the Prophetﷺ said in authentic hadith:
"The breath of a fasting person is more pleasant to Allah than the fragrance of musk."

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