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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 These laws and regulations should be adhered to because they were originally made to prevent exploitation of human beings and labor trafficking, in addition to combating corruption that could take place in this sector.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

"If the fidyah becomes obligatory upon a pregnant or nursing woman because she broke her fast out of fear for her child, is it obligatory from her own wealth, or from her husband's wealth?"

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The fidyah (ransom/compensation payment for breaking the fast) is obligatory from the wife's own wealth, and is not obligatory upon the husband unless he voluntarily chooses to pay it on her behalf.
It is stated in Mughnī al-Muḥtāj (Vol.2/P.174): "If the two [the pregnant woman and the nursing mother] fear for the child alone — such as a pregnant woman fearing miscarriage, or a nursing mother fearing that her milk supply would decrease, thereby endangering the child — then both the qaḍā' (making up the missed fast) and the fidyah become obligatory upon them, to be paid from their own wealth." And Allah, the Exalted, knows best.

My father has debts and asked me to repay them years ago, and I promised him I would do so upon his death — is it permissible for me to go back on my promise given that I am unable to repay them, especially since he refuses to contribute to repayment on the grounds that the debt has become my responsibility by virtue of my promise?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The established principle is that a father's debt is to be repaid from his own wealth, if he possesses sufficient means. As for the promise made by the son to repay it on his father's behalf, fulfilling such a promise is strongly recommended, and breaking it is considerably disliked. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Fulfilling a promise is emphatically recommended, and breaking it is severely disliked. The evidences for this from the Qurʾān and the Sunnah are well known." [Rawḍat al-Ṭālibīn,Vol. 2/P.278] Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, further states: "The reason fulfilling a promise is not obligatory and breaking it is not forbidden is that a promise is in the nature of a gift, and a gift does not become binding except upon receipt." [Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib,Vol. 2/P.487]
Given that the son does not possess the financial means to fulfil his promise to his father, breaking this promise falls beyond his capacity — and Allah does not burden a soul beyond what it can bear. Since the father himself possesses sufficient wealth to settle his own debt, repayment must be made from his own funds. Should he pass away before doing so, the debt is to be settled from his estate. And Allah the Almighty knows best.

What is the ruling on discharging one's zakāh obligation through the provision of a specific benefit (manfa‘ah) — such as performing a surgical operation for a patient, or providing housing to a tenant, and counting the value of this service as zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is obligatory to pay zakāh from the actual asset (‘ayn al-māl) upon which zakāh is due, except in the case of zakāh on trade goods ('urūḍ at-tijārah), which is paid based on their monetary value. In all cases, zakāh must be given in the form of tamlīk (a full transfer of ownership), based on the words of Allah, the Mighty and Majestic (which mean): "Zakāh expenditures are only for the poor and for the needy, and for those employed to collect [zakāh], and for bringing hearts together [for Islam], and for freeing captives [or slaves], and for those in debt, and for the cause of Allah, and for the [stranded] traveler — an obligation [imposed] by Allah. And Allah is Knowing and Wise" [at-Tawbah/60]. The letter "lām" (لِ) in this verse — as in "lil-fuqarā'" ("for the poor") — indicates possession/ownership (lām al-milk).
It is not permissible to fulfill one's zakāh obligation by providing a benefit or service (manfa‘ah) — such as housing, education, or medical treatment — in place of the zakāh itself. This is because zakāh must be paid as wealth (māl) that is transferred into the ownership of the poor recipient, whereas such services are intangible benefits that are not, in themselves, capable of being formally transferred in ownership (ghayr qābilah lit-tamlīk). And Allah, the Exalted, knows best.

What are the signs of Laylat al-Qadr?

It is said that among its signs are:
● A sense of peace and tranquility during the night.
● The sun rises on the following morning white and without strong rays.
However, one should not be preoccupied with searching for its signs at the expense of worship. Allah has hidden its exact date so that we strive in worship throughout multiple nights, ensuring that we attain its great reward.

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