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Resolutions of Iftaa' Board

Resolution No.(79): "Comments Made on Children`s Rights` Bill, 200"

Date Added : 29-02-2016

 

Resolution No.(79) by the Board of Iftaa`, Research and Islamic Studies:

"Comments Made on Children`s Rights` Bill, 2004"

Date: 17/5/1425 A.H, corresponding to 5/7/2004 A.D

 

 

The Board has reviewed the above bill and made the following comments:

Paragraph (4): "Despite what has been mentioned in any other law, each child enjoys the right to lineage, which is ascertained by the owner of the bed, confession, or evidence, including the employment of scientific methods."

The Board believes that this paragraph should be amended as follows: "Each child has the right to lineage, which is ascertained by the bed of a valid marriage contract, confession, or evidence, in line with the rules of Islamic Law."

Article (8), Paragraph (A): "Principles, conditions, and all rules pertaining to alternative care shall be determined by a law promulgated for this purpose."

The Board believes that this paragraph should be amended as follows: " Principles, conditions, and all rules pertaining to alternative care shall be determined by a law promulgated for this purpose, in line with the rules of Islamic Law."

Paragraph (W): "Guaranteeing the protection of children against factors that influence their instinct, drive them to go astray, violate social behavior and healthy life styles."

The Board believes that this paragraph should be amended as follows: "Guaranteeing the protection of children against factors that influence their instinct, drive them to go astray, violate Sharia as well as social behavior and healthy life styles"

Article (20), Paragraph (A): "Non-prosecuting a child before he/she completes ten years"

The Board recommends amending this paragraph as follows:

"Non-prosecuting a child before he/she completes puberty."

Article (25), Paragraph (A): The Board has noticed that the information given in this paragraph violate the principles of Islamic Law. For instance: " In Sharia  terms, the penalty set for sodomy is extremely severe because of the seriousness of this offence." As a result, the Board expresses its reservation over this article. And Allah Knows Best.

 

 

Iftaa` Board
Chairman of the Iftaa` Board, Chief Justice, Izzaldeen Al-Tamimi
Dr. Wasif Al-Bakhri
Dr. Abdulsalam  Al-Abbadi
Dr. Yousef Ghyzaan
Dr. Moh. Abu Yahia
Sheikh Sae`id Hijjawi
Sheikh Abdulkareem Khasawneh

 

 

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Summarized Fatawaa

Is it obligatory for someone traveling by plane in the afternoon during Ramadan to fast?

Anyone who intends to travel after dawn must begin the day fasting and continue with the intention of completing their fast, as fasting was obligatory upon them before traveling.
However, if they experience unbearable hardship after starting their journey, they are permitted to break their fast due to that hardship, not merely because of travel. In such a case, they must make up for the missed fast later.

If someone starts the day sick or traveling while fasting, is it permissible for them to break their fast?

● A sick person who finds fasting difficult is allowed to break their fast, whether they began the day fasting or not.
● As for a traveler:
○ If they were still at home at dawn and then traveled after Fajr (dawn), they must continue fasting unless they experience extreme hardship, in which case they may break their fast.
○ However, if they were already traveling when dawn broke—meaning they had left their town before Fajr—then they are permitted to break their fast. This is what the Prophetﷺ did during the year of the conquest (of Makkah).

What fulfills the requirement of Suhoor?

Suhoor is fulfilled by eating even a single date or drinking a sip of water, anytime after midnight and before Fajr, with the intention of strengthening oneself for fasting.

What is the ruling on the fasting of a woman who has reached menopause if menstrual blood flows?

If a woman reaches the age of menopause (which is usually sixty-two) and her menses have ceased, then she sees blood after that, and its duration is not less than a day and a night (24 hours), it is menstruation (hayd). If it is less than a day and a night, she is considered as having non-menstrual vaginal bleeding (mustahada), so she fasts and prays. However, she must perform ablution for every obligatory prayer after its time enters, pray immediately, and be treated as a person with a continuous condition. There is no specific end limit for a woman's menstruation; it is possible as long as the woman is alive. And Allah the Almighty knows best.

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