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Resolutions of Iftaa' Board

Resolution No.(308): "Ruling on Selling Work Permits"

Date Added : 03-04-2022

Resolution No.(308)(3/2022) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Selling Work Permits"

Date: (24/ Sha`ban/1443 AH), corresponding to (27/3/2022 AD)

All perfect 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.

At its 3rd meeting held on the above date, the Board received the following question: What is the ruling of Sharia on selling work permits?

After deliberating, the Board arrived at the following decision:

Work permits of expatriate workers are governed by the laws and regulations of the ministries concerned; therefore, they are to be observed since breaking them leads to general harm that affects the country`s economic situation and the labor market. These laws and regulations should be adhered to because they were originally made to prevent exploitation of human beings and labor trafficking, in addition to combating corruption that could take place in this sector.

Accordingly, it isn`t allowed for an employer to sell work permits because these stipulate specific conditions regarding the worker as well as the type of work, so selling them is a clear violation of these conditions. This is in addition to the fact that selling a permit is selling a property that the employer doesn`t actually own since the relevant ministry is the only authority entitled to grant this right, and , in principle, an employer should abide by the terms of the contract. The evidence on this is that Almighty Allah Says {What means}: "O ye who believe! fulfil (all) obligations."{Al-Ma`idah/1}. Moreover, the Prophet (Peace and blessings be upon him) said: "The Muslims will be held to their conditions." {Related by Tirmithi}. It can be added that selling these permits could lead to corruption and preying on the need of workers to make a living. Therefore, conditions stipulated in these work permits should be adhered to. And Allah The Almighty Knows Best.

 Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Abdulkareem al-Khasawneh

Dr. Mohammad al-Khalayleh/ Member

Dr. Mahmoud al-Sartawi/ Member

Sheikh Sa`eid Al-Hijjawi/ Member

Prof. Adam Nooh Al-Qhodat/ Member

Prof. Amjad Rasheed/Member

Dr. Jamil Khatatbeh/ Member

Dr. Ahmad al-Hasanat/ Member

Dr. Mohammad Younis Al-Zou`bi/ Member

 

 

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Summarized Fatawaa

I vowed to give a specific charity if a certain matter came to pass — what is the ruling on giving that charity before the matter is realised?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Fulfilling a vow (nadhr) is obligatory, in accordance with the word of Allah the Almighty: "And let them fulfil their vows." [Al-Ḥajj/ 29] And the saying of our master the Messenger of Allah ﷺ: "Whoever vows to obey Allah, let him obey Him; and whoever vows to disobey Him, let him not disobey Him." (Reported by al-Bukhārī.)
The Shāfiʿī scholars distinguished between a financial vow (nadhr mālī) and a bodily vow (nadhr badanī). They permitted the fulfilment of a financial vow to be brought forward — before the stipulated condition is met — but did not permit the same for a bodily vow, which may only be fulfilled after the condition has actually been realised.
Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, states: "It is permissible to bring forward the fulfilment of a financial vow before the condition stipulated in it is met — such as saying: 'If I am healed, I vow to free a slave' or 'to give such-and-such in charity' — just as it is permissible to pay zakāh in advance. This is unlike a bodily vow, such as fasting." [Asnā al-Maṭālib, vol. 4/P.246]
Imām al-Bājūrī, may Allah have mercy upon him, states: "Like expiation other than fasting, a financial vow — such as saying: 'If Allah heals my sick one, I vow to free a slave for the sake of Allah,' or 'If Allah heals my sick one, I vow to free a slave on the Friday following the recovery' — it is permissible to bring it forward before the recovery in the first case, and before the Friday following the recovery in the second case." [Ḥāshiyat al-Bājūrī ʿalā Sharḥ Ibn Qāsim, Vol.2/P.596] And Allah the Almighty knows best.

How should I deal with the whispers of the devil with regard to ablution and purity?

Whispers in ablution are from the devil, and so you should take refuge in Allah from the devil`s evil suggestions that aim to distort the religion. Thus, once an organ is completely pure, don`t question its purity since having whispers doesn`t mean that the purity is invalid as it has already been established.

Is Zakah (obligatory charity) due on the Zakah money received by a poor person, and reached a Nissab (minimum amount liable for Zakah), and a whole lunar year had lapsed over having it in his possession?

Yes, the poor who possessed a Nissab for a whole lunar year is obliged to pay the Zakah due on that money even if it was given to him as a Zakah money in the first place. And Allah Knows Best.

What should I do in order to wake up for Fajr (dawn) prayer?

All perfect praise be to Allah, The Lord of The Worlds                                                                                                                                                                What should I do in order to wake up for Fajr (dawn) prayer? Answer: Some of the acts that aid in offering Fajr prayer are: 1- Going to bed early. 2-  Willingness to wake up. 3- Reciting Al-Korsi verse from Chapter Al-Baqarah. 4- Taking refuge in Allah from the cursed devil, and making ablution immediatley after being awake, but it is preferable to ask someone to help in this regard to perform the Fajr prayer. And Allah Knows Best.

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