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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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It is not permissible for a Muslim child to remain in the custody of a Christian family

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Fatwa No. ( 12743 )
Praise be to Allah, and may peace and blessings be upon His Messenger, his family, and his Companions. And after that: The Permanent Committee for Scholarly Research and Ifta has reviewed the questions submitted by the Amir of the Tacoma Islamic Center to His Eminence the President, and referred to the Committee under number (1201) and dated 3 \ 10 \ 1410 AH. The text of the questions is as follows: On August 16, 1989 CE, I received a call from one named Jerry Simmons, who works in the Department of Social and Health Services, Children and Family Division, in the state of Washington . He informed me
The questioner states that there is a ten-year-old Sunni Muslim girl currently under the guardianship of the aforementioned department. At present, the girl is living with an American family consisting of a man and his wife, neither of whom is Muslim, and whose religion is unknown. The girl, whose name is Khurshid Bayzum, has requested the department's assistance in learning how to pray and how to wear Islamic clothing. I, Abdul Latif, the legal officer and director of the Takoma Islamic Center in the state of Washington , was contacted to provide assistance in this matter. Upon becoming fully aware of the situation, I learned that the American family wishes to adopt the girl Khurshid. When Khurshid learned of the adoption, she understood what was intended, and her response was that she did not want this to happen to her. For this reason, the aforementioned department asked me to provide an official response clarifying the position of Islamic Sharia regarding: services for the care of Muslim children , particularly a girl on the verge of puberty, and the Islamic position on the adoption of Muslim children. In addition, there are several important matters regarding which I request clarification of the Sharia's position: 1 - The permissibility of a man placing the girl on his waist, holding her to his
chest, embracing her, and patting her chest and back. 2 - The permissibility of having a dog inside the house. 3 - The permissibility of the girl being in the same bed as the man and his wife. 4 - The permissibility of having intoxicants inside the house. 5 - The permissibility of the girl, who is on the verge of puberty, embracing and kissing boys. 6 - Is it obligatory for a child of ten years of age to perform the obligatory prayer? We inform you that we are in dire need of a quick response to this message, as the situation of this girl will be determined when the aforementioned department files a lawsuit regarding the most suitable placement for this girl. We also request that the response be in both Arabic and English, if possible, as it will be presented to the court here, which is scheduled to sit on October 9, 1989. We request that the response be received before this date.

And she answered as follows: First: It is not permissible for the aforementioned girl to remain in the custody of the Christian family, nor for them to adopt her or take charge of her upbringing; because that girl is Muslim and the family is Christian, and there is a fear for the girl if she lives
with them that she will be led astray in her religion and her honor, or that she will lose her life. Rather, she must be placed in the children and families branch of the social and health services department to take charge of her religious, moral, and health affairs, etc. Second : It is not permissible for a man to place such a girl on his waist, nor to hold her to his chest, nor to embrace her, etc. Third : It is not permissible to keep a dog in the house except a dog for hunting, herding, or farming. Fourth : It is not permissible to place or lodge such a girl in the same bed as the man and his wife. Fifth : It is not permissible to keep intoxicants in the house; rather, they must be poured out. Sixth : It is not permissible for the girl, who is on the verge of puberty, to embrace and kiss boys. Seventh : It is not obligatory for a child who is ten years old to perform the obligatory prayer, but his guardian must order him to pray after he reaches seven years of age and beat him for it if he reaches ten, so that he becomes accustomed to performing it when it becomes obligatory, unless it becomes clear that he has reached puberty at the age of ten by a sign of puberty, in which case the prayer becomes
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source www.alifta.gov.sa

The Arabic text is copied verbatim from the original source, without any edits.

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