Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(52)" :A Proposed Amendment to the Rights of the Child Law"

Date Added : 07-01-2016

Resolution No.(52): "A Proposed Amendment to the Rights of the Child Law"
Date: 29/7/1422 AH, corresponding to 16/10/2001

We have received the following question:

What is the ruling of Islamic Sharia on the sections of the rights of the child draft law?

Having reviewed the above draft law, the Board arrived at the following:

Article (4), paragraph (B): "A child who is deprived from family welfare has the right to nursery or foster care in line with the rules of Islamic Sharia, and he should be provided with a dwelling at a child care organization or a foster family in the Kingdom."

The Board is of the view that this article should be rephrased as follows:

"A child who is deprived from family welfare has the right to nursery or foster care, and he/she should be provided with a dwelling at a child care organization or a foster family in the Kingdom in line with the rules of Islamic Sharia."

Article (7), paragraph (B): "All official as well as non-official organizations concerned with providing child services should give priority to children at times of conflict and catastrophe."

The Board is of the view that this paragraph should be amended and rephrased because the meaning of (give priority) isn`t clear.

Article (9): "Despite the sections, of any other law, which specify the age of marriage at eighteen and give an exception to those who have completed sixteen years of age to conclude their marriage contract after obtaining a permission from the Supreme Judge."

The Board views that the above article should be deleted because the Jordanian Personal Status Law (1) has specified the age of marriage.

Article (16): "In case a report was submitted by the committee recommending separating the child from his family when it is proven that he had been subjected to any act of abuse referred to in paragraph (A) or it was proven that he is in need for special care that can`t be provided by his family."

The Board views that the preposition (on) should be changed into (to).

Article (17): "The court of competent jurisdiction may not issue a verdict to separate a child from his family save after the following:

A) Confirming the abuse stated in article (16).

B) Submitting a report from the committee recommending that the separation is necessary.

C) Providing the child with a foster family or a proper place where he can enjoy peace and security.

The Board views that this article should be deleted because the court`s verdict doesn`t rest on the report submitted by the committee recommending the separation, and many cases are usually referred to the judge directly without any reports.

Article (19), paragraph (B): "Foster care is undertaken by a foster family or a social welfare organization in accordance with a regulation issued to this purpose."

The Board views that the phrase (in line with the rules of Islamic Sharia) should be added at the end of this paragraph.

Article (21): The Board views that the word (The disabled) should be deleted from this article and wherever it is stated, and should be replaced with (People with special needs). And Allah Knows Best.

Chairman of the Iftaa` Board, The Supreme Judge, Izzuldeen At-Tamimi
          Dr. Abdulsalam Al-abbadi
  Dr. Yousef Ghyzaan
Dr. Wasif Al-Bakhri
        Sheikh Sa`eid Al-Hijjawi
               Sheikh Mahmood Shewayat
         Dr. Mahmood Abu Yahia
Sheikh Na`eim Mujahid

Note (1): Article (5) of the Jordanian Personal Status Law was amended in 2001 to read as follows: "Marriage eligibility stipulates that the suitor and his fiance are discerning and have completed eighteen years of age; however, it is permissible for the Sharia judge to permit their marriage if any of them hasn`t reached that age in case he/she has completed fifteen years, and there is a benefit behind such marriage, as determined by the regulations which the Supreme Judge issues to this purpose."

 

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Summarized Fatawaa

Who is "the poor" entitled to receive Zakah (obligatory charity)?

The poor is the one who has neither money nor a source of living, or has either of them, but it isn`t sufficient such as being in need for a hundred/JDs, and having an income of forty/JDs only.

What is the ruling on eating or drinking during the second Adhan?

It is not permissible to eat or drink during the second Adhan because it announces the break of dawn and the obligation to start fasting. Allah Almighty says {what means}:"and eat and drink until you can discern the white streak of dawn against the blackness of night." [Al-Baqarah/187].
Whoever eats or drinks during this time invalidates their fast, and they must refrain from eating for the rest of the day and make up for the missed fast later.

 

Is it permissible to combine Zuhr and Asr prayers for being occupied with a wedding ceremony?

No, it isn`t permissible to combine Zuhr and Asr, or Maghrib and Isha because of being busy with a wedding since the exemption for combining prayers is based on lawful excuses, and this isn`t one of them. And Allah Knows Best.

I`m a pious Muslim woman, but my husband isn`t, what should I do?

You should exercise patience, make supplication that Allah guides him to the straight path, and keep advising him kindly.