Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

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 permissible for someone who has forgotten to mention the supplication pertaining to answering the call of nature to say it while in the toilet?

It is disliked for a Muslim to mention Allah while in the toilet, but he/she may recall the supplication in his/her head without uttering it; that is in case he/she had forgotten mentioning it before entering the toilet.

Sometimes I receive a message containing a picture of someone desecrating the Noble Quran. The sender asks recipients to send that message to their contacts as an act of defending the Quran. What should I do when receiving such messages?

Praise be to Allah, the Lord of the Worlds.

You don`t have to circulate that message, because this isn`t the proper way to defend the Quran. And Allah The Almighty Knows Best.

What is the torment of the grave?

We seek refuge in Allah from the torment of the grave. The important point is that the cause of the torment of the grave is disbelief or committing sins without repentance. It affects the soul, and the body is impacted by it, even if we do not see it. And Allah Knows Best.
 
 
 
 
 
 
 

Is it permissible for the mother to offer an Aqeeqah (the sheep slaughtered on the seventh day from the child`s birth)for her son?

Aqeeqah is due on the one obliged to provide for the newborn, and it is permissible for the grandfather, or the mother to offer the Aqeeqah.