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Resolutions of Iftaa' Board

Resolution No.(193): "Ruling on Using the Zakah Money for the Treatment of the Poor at Al-Maqasid Alkhairiah Hospital"

Date Added : 22-11-2015

Resolution No.(193)(1/2014) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Using the Zakah Money for the Treatment of the Poor at Al-Maqasid Alkhairiah Hospital"

Date: 7/Rabee` Al-Awwal/1435 AH, corresponding to 9/1/2014 AD.

 

All perfect praise be to Allah, The Lord of The Worlds; and may His peace and blessings be upon Prophet Mohammad and upon all his family and companions.

In its first session held on the above given date, the Board of Iftaa`, Research and Islamic Studies reviewed the letter of His Excellency-The Minister of Awqaf and Islamic Affairs and Holy Places, which reads as follows: Your Grace  knows that the Zakah Committee of Hai Nazal and Ad-dra` Al-Gharbi Area (East of Amman) functions under the umbrella of the Zakah Fund, and it has established a big charity-oriented project, which is “Al-Maqasid Al-Khairiah Hospital.“ It consists of seven floors built on a ten-thousand cubic meter lot of land, it takes a hundred and eleven beds, its cost  exceeds four million JDs, it has modern medical equipments, and a qualified staff have been hired to make it fully operational. The hospital offers its services to the public at minimum cost. However, the same service is provided to the poor after conducting field studies supervised by the Zakah Fund Committee which, in its turn, determines the exemptions and discounts to be offered to members of that class.

The Administrative Board of the Zakah Fund  has approved to give three thousand JDs to this hospital,  provided that the money is used to cover the treatment of the poor patients specified by the Fund, and that the whole matter be referred to the Iftaa` Board to clarify the Sharia ruling concerning it.

 After careful study and deliberation, the Board decided the following: 

Treating poor patients isn’t only a recommended act of charity but also a responsibility that must be shouldered by organizations and communities because failing to do so negates the principles of Islamic Sharia and humanity. The Prophet (PBUH) said in this regard: “The believers in their mutual kindness, compassion and sympathy are just like one body. When one of the limbs suffers, the whole body responds to it with wakefulness and fever". {Bukhari&Muslim}.

Since poverty and need are among the key channels of Zakah disbursement, as prescribed in the Holy Quran and according to the consensus of the Muslim scholars, the Board views that there is no harm in dedicating a sum of the Zakah money to cover the treatment expenses of the poor, or the needy so long as honesty in spending and justice in distribution are observed. In this case, the administration of the Zakah Fund functions as a proxy in transferring the Zakah into the possession of the poor; therefore, there is no harm if the Zakah takes the form of treatment since the Shafi`e School of Jurisprudence  and other scholars allowed the Zakah proxy: “to buy a medication to the poor” instead of giving him/her the money {Moghni Al-Mohtajj, vol.4/pp.186}. This way, the objective of Sharia is met, and the needs of the poor are attended to. This is because treatment is one of the most essential needs that should be met sufficiently. 

We advise the givers of Zakah to support this hospital, and we advise those in charge of it to Fear Allah and observe kindness as far as management and service are concerned, and to seek the reward from Allah Alone. And Allah Knows Best.

 

Chairman of the Iftaa` Board: The Mufti General of the Hashemite Kingdom of Jordan

 His Grace Sheikh Abdulkareem Al-Khassawwneh

Vice-Chairmanof the Iftaa` Board: Prof. Ahmad Hilayel

Prof. Hayel Abdulhafeez/ Member

Prof. Abdulnasser Abu Al-Bassal

His Eminence Sheikh Sa`eed Hijjawi/ Member

Dr. Yahia Al-Bottoosh/Member

Prof. Mohammad Al-Qudah/Member

Dr. Mohammad Al-Khalayleh/Member

Dr. Mohammad Al-Z`oubee/Member

Dr. Wassif Al-Bakhri/Member

 

 

 

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Summarized Fatawaa

Is it permissible for the person who hasn`t made wudu` (state of minor ritual impurity) to perform the Adhan?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is disliked (Makruh) for a person in a state of minor ritual impurity (Hadath Asghar) to perform the Adhan. However, if he does so, his Adhan is considered valid and fulfills the sunnah of the Adhan despite it being disliked. And Allah the Exalted knows best.

What is the ruling of Islamic Law regarding one who slaughters a ewe and it turns out to have been pregnant, and is it permissible to slaughter the ewe if one knows it is pregnant?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person slaughters a ewe and it turns out to have been pregnant, the fetus becomes lawful (ḥalāl) by virtue of its mother's slaughter (tabaʿan li-ummihā).
It is stated in Mughnī al-Muḥtāj (Vol.6/P.158): "A fetus found dead [after the mother's slaughter], or found alive but in a state resembling that of a slaughtered animal [i.e., dying shortly after], becomes lawful — whether or not it had grown fur — provided it is found in the womb of a mother that was lawfully slaughtered, whether her slaughter was by cutting the throat, or by an arrow or hunting dog sent after her. This is based on the ḥadīth: 'The slaughtering of the fetus is [effected by] the slaughtering of its mother' [narrated by al-Tirmidhī, who graded it ḥasan, and by Ibn Ḥibbān, who graded it ṣaḥīḥ] — meaning that the slaughter which rendered the mother lawful renders the fetus lawful as well, by virtue of following her; and because the fetus is one of her constituent parts, and her slaughter renders lawful all of her parts."
This ruling differs, however, from the case of one who knows from the outset that the ewe is pregnant [and intends to sacrifice her specifically as the udḥiyah while pregnant] — in which case, according to the Shāfi'ī school, she does not fulfill the requirement of a valid sacrifice.
It is stated in Ḥāshiyat al-Bujayrimī 'alā al-Khaṭīb (Vol.4/P.335): "A pregnant animal does not fulfill the requirement [of a valid sacrifice], and this is the authoritative position (al-mu'tamad), because pregnancy diminishes the quality of the meat. As for why such an animal is nevertheless counted as complete [i.e., fully valid] in matters of zakāh, that is because the intent there is reproduction (nasl), not the quality of the meat.". And Allah, the Most High, knows best.

If a person enters a mosque and finds the congregation in the final tashahhud, which is more virtuous — joining them or waiting for a second congregation to catch the opening takbīr (takbīrat al-iḥrām)?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If a worshipper finds a congregation that is about to finish its prayer, and he hopes to catch the entire prayer from the beginning with another congregation, it is more virtuous for him to pray with this first congregation and then repeat the prayer with the second one — provided he does not intend to confine himself to a single prayer. If, however, he intends to perform only one prayer, then it is more virtuous for him to wait for the second congregation rather than joining the first, so that he may attain the reward of congregational prayer for every single rakʿah.
Al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, states: "If members of a congregation enter the mosque while the imam is in the final tashahhud, al-Qāḍī Ḥusayn held that it is recommended for them to join him in prayer, and that they should not delay in order to form a second congregation. Al-Mutawallī, however, affirmed the opposite view, and al-Qāḍī's own statement elsewhere supports this latter position, which is the relied-upon view. In fact, it is more virtuous for a person who has missed part of the prayer with one congregation, and who hopes to catch another congregation with whom he can attain the entire prayer within its proper time, to delay so that he may catch it in full with them. This applies when he intends to confine himself to a single prayer; otherwise, it is more virtuous for him to pray with the first group and then repeat the prayer with the others." [Mughnī al-Muḥtāj,Vol. 3/P.186] And Allah the Almighty knows best.

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).

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