Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(29): "Ruling of Sharia on the UN General Assembly`s Convention on Consent to Marriage “

Date Added : 28-10-2015

Resolution No.(29): “Ruling of Sharia on the UN General Assembly`s Convention on Consent to Marriage“

Date: 7/9/1412 AH corresponding to 11/3/1993 AD.

 

The Board has received the following question:

What is the ruling of Islamic Sharia on the UN General Assembly`s Convention on Consent to Marriage?

Answer: All success is due to Allah, The Almighty.

The Board is of the view that the convention relies in its preamble on that which violates the provisions of Islamic Sharia as well as the consensus of Muslim scholars for it states that: “Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and found a family.“

 

Still, it is axiomatic that Islamic Sharia forbids the marriage of a Muslim woman from a non-Muslim, and considers such marriage invalid.

In addition, the above provision is in violation of the provisions of the Jordanian Constitution, particularly articles (2,103,105), which stipulate implementing the rules of Islamic Sharia as regards personal status issues such as marriage and the rulings pertaining to it.

The UN General Assembly`s provision also violates the effective Jordanian Civil Status law, particularly article (33).

As a result, the Board unanimously agrees on disapproving this convention, and doesn`t recommend entering into it or approving of it since the H.K.J is distinguished with its wise Hashemite leadership. And Allah Knows Best.

 

Chairperson of the Iftaa` Board, Chief Justice Dr.Nooh Al-Qodaat

Acting Mufti General, Sheikh Saeid Hijjawi

     Dr. Umar Al-Ashkharr

Dr. Abdassalam Al-Abbadi

Dr. Ahmad Hilayel

        Mohammad Mohailaan

     Sheikh Ratib Az-zahir

              Dr. Yaseen Daradkeh         

 

 

 

 

 

 

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Summarized Fatawaa

Is Zakat al-Fitr obligatory for an unborn child (fetus)?

Zakat al-Fitr is not obligatory for a fetus. However, if the child is born before sunset on the last day of Ramadan, then Zakat al-Fitr must be given on their behalf.

What is the ruling on wiping over socks?

It is not permissible to wipe over most common socks today because the conditions for wiping are not met. The concession was reported for wiping over leather socks (khuff) and socks (jowrab) with conditions: They must be thick, not allowing poured water to penetrate, enable one to walk in them, be worn while in a state of purity (from ablution), cover the entire foot up to the ankles (meaning covering the protruding ankle bones), and not be torn. And Allah the Almighty knows best.

What should someone do if they fasted for 30 days in their country, then traveled to a place where people are still fasting?

If a person completes 30 days of fasting in their country and then travels to another country where people are still fasting, they should continue fasting with them until they observe Eid. Even if they have already completed 30 days, he/she should abstain from eating and drinking and join the people of that country because he/she has now become part of that community.

Is it permissible to fast the six days of Shawwal before making up for the missed fasts of Ramadan?

● If a person missed fasts due to a valid excuse, they may fast the six days of Shawwal before making up for Ramadan fasts, because qada (makeup fasts) in this case can be delayed, while the six days of Shawwal must be observed within Shawwal.
● However, if a person missed fasts without a valid excuse, they must make up for the missed fasts immediately after Eid, before fasting the six days of Shawwal. If they fast the six days first, it is valid, but they must still make up for the missed Ramadan fasts afterward.
It is also permissible to combine the intention of qada (makeup fasts) and the six days of Shawwal in one fast. However, it is better to fast them separately, as this increases the reward and avoids scholarly disagreement regarding combining intentions.