Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(148)"Rulings on some Examples of Lawyers` Work"

Date Added : 02-11-2015

Resolution No.(148)(13/2010) by the Board of Iftaa`, Research and Islamic Studies: "Rulings on some Examples of Lawyers` Work"
Date: 2/9/1431 AH, corresponding to 12/8/2010 AD.

 

During its ninth session held on the above date, the Board reviewed the following question:
What is the ruling of Sharia on a lawyer`s work in the following cases:
First Case: When the lawyer concludes a contract with accident-damaged people and  persons who have insurance, where he buys the case from them for a certain price in return for taking everything that he manages to collect from the insurance company?
Answer: This case is similar to purchasing debt, which is claimed by an accident- damaged person, from the insurance company. It is forbidden for two reasons:
First: The lawyer pays an advanced sum of money to the damaged person so as to collect a larger deferred sum from the insurance company. This is forbidden usury because Allah, The Almighty, says(which means), " O ye who believe! Fear God, and give up what remains of your demand for usury, if ye are indeed believers."{Al-Baqarah/278}.
 Second: This transaction is aleatory because the lawyer pays a certain sum and doesn`t know how much he will collect from the insurance company, and this forbidden.
Second Case: When the lawyer concludes a contract with the accident-damaged persons like in the first case, but he gets 25% or more or less, out of whatever sum he manages to collect from the insurance company?
Answer: The Board believes that this is permissible in accordance with the view of the Hanbalite jurists who permit specifying a certain percentage as a fee out of a profit.
Third Case: When the lawyer concludes a deal with a man of wealth whereby the latter founds  a law firm to the former in return for a percentage from the revenues of particular cases?
Answer: The Board believes that this is permissible on basis of partnership as is the view of the Hanbalite jurists. Therefore, the revenues should be divided between the two partners as agreed. However, if the wealthy person fully equips that law firm and collects his money as a rent paid by the lawyer, then this is acceptable as agreed by the Muslim scholars. And Allah knows best.

 

Head of the Iftaa` Board, The Grand Mufti of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh
Vice Head of the Iftaa` Board, Dr. Ahmad Hilayel
Dr. Yahia Al-Botoosh/ Member
His Eminence, Sheikh Sa`ied Hijjawi/ Member
Dr. Mohammad Khair Al-Essa
Judge Sarrie Attieh
Dr. Abdulrahman Ibbdah/ Member
Dr. Mohammad Oklah/ Member
Dr. Abduln`nassir Abu Al Bass`al/ Member
Dr. Mohammad Al-Khalayleh/ Member
Dr. Mohammad Al-Gharaibeh/ Member
Executive Secretary of the Iftaa` Board, Dr. Ahmad Al-Has`sanat

Decision Number [ Previous | Next ]


Summarized Fatawaa

Is it obligatory to make up all missed prayers?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Making up missed prayers (qaḍāʾ) is a sharʿī obligation, established by the practice of the Prophet ﷺ himself — when the disbelievers preoccupied him on the Day of the Trench and he missed the ʿAṣr prayer, he made it up afterward. This is further affirmed by the ḥadīth: "Fulfil what you owe to Allah, for Allah is most deserving of being fulfilled." (Reported by al-Bukhārī.)
Accordingly, a person who has missed prayers should set aside his voluntary and Sunnah prayers and replace them with make-up prayers in their stead. There is no objection to making up one missed prayer alongside each obligatory prayer that is performed — praying the equivalent missed prayer together with each current obligatory prayer as a practical and manageable way of gradually clearing one's debt of missed prayers. And Allah the Almighty knows best.

What is the ruling on giving Zakat al-Fitr in cash?

The default ruling is that Zakat al-Fitr should be given as the staple food of the land. In Jordan, for example, the staple food is wheat or rice, and the amount of Zakat al-Fitr is 2,500 grams per person. It is easy to give this amount of rice to the poor and needy, and this is the correct ruling according to all Islamic schools of thought.
However, Hanafi scholars have permitted giving Zakat al-Fitr as monetary value, considering it more beneficial for the poor and easier for the giver.

Can a woman perform I‘tikaf in her home?

No, a woman's I‘tikaf is not valid if performed at home, because her home is not a mosque.

If someone fasts on the White Days with the intention of making up for missed fasts (qada), will they receive the reward for both voluntary and obligatory fasting?

Making up missed obligatory fasts (qada) is mandatory, and the intention for qada must be specified.
If a person makes up their missed Ramadan fasts on the White Days, they must intend qada, but they may also intend to fast the White Days, and Allah willing, they will receive the reward for both.
This is similar to entering a mosque and praying an obligatory prayer, where the person also earns the reward of Tahiyyat al-Masjid (greeting the mosque) if they intend both.
● If the person missed their fasts due to a valid excuse, they may wait and fast on the White Days.
● However, if they missed the fasts without a valid excuse, they must make up the fasts immediately and should not delay them until the White Days.