Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(60): "Proposed Amendments to the Articles of Orphans' Custody Law"

Date Added : 24-02-2016

 

Resolution No.(60): "Proposed Amendments to the Articles of Orphans` Custody Law"

Date: 23/3/1423 A.H, corresponding to 5/6/2002.

 

We have received the following question:

Could you please clarify the ruling of Sharia as regards the custody project, and any recommended amendments that you deem necessary?

Answer: All success is due to Allah.

Article (4): "The couple must be Muslims."

The Board decided that this article should be amended as follows:

"The couple must be Muslims, and five years must have passed over their embracing Islam, in case they were new Muslim converts."

Article (7): "The Minster of Social Development may approve a custody order based on the recommendations of the Ministry`s Secretary-General and the Director of Family and Children Directorate."

The Board decided amending this paragraph as follows:

"A technical committee, presided by the Director of the Technical Directorate, should be formed, including a deputy from the Department of the Supreme Judge and the Ministry of Interior to review the custody orders submitted by the families, the needed documents, and to conduct the interviews. The committee should refer its recommendations to the Secretary-General in order for him to recommend that the Minister approves of them."

The family taking custody of an orphan is accountable for the following:

A- It should provide the child under its custody with the various forms of social care, namely the alternative parental raising, medical treatment, education, outlay, and the like; provided that these are verified by the case study, which should be conducted before and after the child is taken under custody.

B- It should enjoy the capacity to provide the right orientation to the child under its custody in the various aspects of life so that he relies on himself afterwards.

C- It is imperative that the family informs the Ministry about any changes concerning its place of residence as well as its relationship with the child under its custody.

The Board decided that these articles should be amended as follows:

A- The family should provide the child under its custody with the various forms of familial care, namely the alternative parental rearing, medical treatment, education, outlay, and the like; provided that these are verified by the case study, which should be conducted before and after the child is taken under custody.

B- The family should enjoy the capacity to provide the right orientation to the child to face the different conditions of life to be able to rely on himself.

C- Informing the Ministry about any changes concerning the family`s place of residence as well as its relationship with the child under its custody.

Article (10): Termination of Custody:

Article (D) Death of a spouse or both of them, which drives their relatives to file for the termination of the custody, indicating their unwillingness to take care of the fostered child.

The Board decided amending this article as follows:

In case either spouses or one of them died, it is permissible for a relative of theirs to file a new custody request through the observed channels.

The Board also decided adding the following items to article (10):

(H) Apostasy of either spouses or one of them.

(W) Failure to meet any of the fostering conditions

*PS: Items not related to the rules of Islamic Sharia were not translated because they focus on the correction of punctuation and grammar mistakes in the original Arabic text. And Allah Knows Best.

Iftaa` Board
Chairman of the Board, Chief Justice Sheikh Ezuldeen Attamimi
Dr. Abdulsalam Alabbadi           
Dr. Mohammad Alyahia         
Sheikh Sa`eid Hijjawi      
Sheikh Na`eim Mujahid         
Sheikh Mahmoud Shewayaat                  
Dr. Wasif Albakhri

 

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Summarized Fatawaa

Is it incumbent on the fiancée to obey her fiancé?

When the woman settles in her husband`s house, it is incumbent on him to provide for her and it is incumbent on her to obey him. Before that, and if the marriage contract had been concluded, then she is lawfully his wife and thus she should abide by custom in treating him, but if the marriage contract hadn`t been concluded, then she should treat him as a non-Mahram (Marriageable).

Is it valid for the 'aqīqah to be performed using the newborn child's own wealth?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible for the guardian to perform the 'aqīqah using the newborn child's own wealth, because the 'aqīqah is a voluntary act of giving (tabarru'), and a guardian is prohibited from making voluntary expenditures from the child's wealth. Should he do so, he becomes financially liable for what he spent. And Allah Almighty knows best.

What is the ruling of Islamic Law on eating or drinking forgetfully while observing the kaffarah fasting?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If someone eats or drinks out of forgetfulness while fasting, it is simply that Allah has fed them and given them drink. Their fast is not broken by this; rather, they should continue fasting. This ruling applies whether the fast is an obligatory one (like Ramadan), a make-up fast (Qada), an expiation (Kaffarah), or a voluntary (Nafal) fast. And Allah the Exalted knows best.

Can an Udhiyah be made up if its time is missed?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If the sacrificial animal (udhiyah) is a voluntary (nafl) offering and its prescribed time is missed after the three days of Tashriq have ended, then it is not to be made up as a sacrifice; rather, it becomes merely a sheep for meat.
 
However, if it was a vowed (nadhr) sacrifice and its time is missed, then it must still be slaughtered, and the slaughtered animal is to be treated as it would have been during its prescribed lawful time. And Allah Almighty knows best.