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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 These laws and regulations should be adhered to because they were originally made to prevent exploitation of human beings and labor trafficking, in addition to combating corruption that could take place in this sector.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 am a doctor, and sometimes I refer patients to the hospital for surgical interventions, and they give me a commission from the fees of the surgeries, even though I do not perform these surgeries. What is the ruling?

All perfect praise be to Allah, The Lord of The Worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.
If this commission is charged to the patient as part of the operation costs, then it is not permissible. Additionally, a doctor should only recommend surgery if there is a genuine medical need, and the hospital should only perform an operation when necessary. And Allah The Almighty Knows Best.
 
 
 
 
 

What is the ruling on determining the sex of the baby whether through killing the female spermatozoa, or any other way in order to have a male?

If it is done through having a certain type of food, taking a certain type of medication, or organizing the time of the marital relation, then it is permissible.

Is it permissible for a person, who vowed to offer two Rak`ahs (units of prayer) everyday for Allah`s sake, to do so after the Fajr (dawn) prayer?

In principle, a vow should be fulfilled as it was originally intended, and if its time lapses then, it should be fulfilled at any time because of the vow. Therefore, it is permissible to offer them after the Fajr prayer, and there is no prohibition in doing so. However, it is preferable for him to offer these two Rak`ahs at some other time to avoid the disagreement amongst the scholars in this regard.

What is the ruling on a woman driving a car?

All Perfect Praise is to Allah, The Lord of The Worlds, and may His Peace and Blessinsg be upn our Prophet Muhammad and upon all of his family and compnions.

It is permissible for the woman to drive a car, but it is impermissible for her to travel unaccompanied by a Mahram (Unmarriageable kin). And Allah The Exalted Knows Best.

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