Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

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

What is the ruling on shaving one`s beard?

All Perefct Praise is due to Allah The Lord of The Worlds.

Growing a beard is an obligation and a Muslim shouldn't do otherwise, besides; what is obligatory in Islam shouldn't be violated save for a necessity. And Allah Knows Best.

Is a woman`s voice 'Awrah even when praising the Prophet (PBUH) via satellite channels?

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.
 
The Sharia term 'Awrah has two meanings:-
First: `Awrah that invalidates prayer when uncovered, and in this sense a woman`s voice isn`t considered `awrah. Second: `Awrah that causes men to be tempted by women and vice versa. Moreover, if a woman`s voice is soft or alluring, then it is forbidden for her to speak deliberately before strange men. This is because Almighty Allah Says (What means): "O ye wives of the Prophet! Ye are not like any other women. If ye keep your duty (to Allah), then be not soft of speech, lest he in whose heart is a disease aspire (to you), but utter customary speech." [Al-Ahzab/32]. However, a man should avoid listening whatever incites his desires. And Allah The Almighty Knows Best.

Should a pregnant woman who broke fast because of pregnancy make it up, and is a ransom due on her?

The pregnant and the suckling, if they fear for their health, may break their fast and make up for it, and no ransom is due on them. However, if they broke fast in fear for the fetus and the baby, then they are obliged to make up for it, and pay the ransom which is feeding a needy person for each of the missed fasting days. And Allah Knows Best.

Is it allowed to shave my beard to join the army taking into consideration that I can`t find a job?

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.

The army should be joined in preparation for Jihad (Fighting in the cause of Allah), so if Jihad contradicts with growing a beard then it is allowed to shave it. And Allah The Almighty Knows Best.