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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

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 These laws and regulations should be adhered to because they were originally made to prevent exploitation of human beings and labor trafficking, in addition to combating corruption that could take place in this sector.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

A man married a woman at the Islamic Centre in Brussels through a regular marriage contract. However, the husband left her for two years now and never provided her with financial support. Currently, she is staying in Amman, Jordan, and wants to remarry. Is her first marriage considered void and what should she do to remarry lawfully?

All perfect praise be to Allah, the Lord of the Worlds; may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
This issue is within the jurisdiction of the Islamic courts and they have the final say regarding the dissolution of the first marriage contract if there is valid ground for that. Therefore, her first marriage remains valid unless a court decision says otherwise. And Allah The Almighty Knows Best.

It was found out that a man divorced his wife for the third time in 2005, but they continued cohabiting as man and wife. However, when they realized that what they were doing was unlawful, they came the Iftaa` Department in 2009 and were told that they can`t be together. What is the position of Sharia on this couple?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Her Iddah* period starts after the third divorce. As for the continued cohabitation, it is unlawful because being ignorant about the rulings of Sharia while in Dar Al-Islam* is no valid excuse. If a baby came as the fruit of this unlawful consummation of marriage, then a judge of Sharia has the final say in this regard because lineage is a serious matter. And Allah The Almighty Knows Best.
* ʿIddah: a specified period of time that must elapse before a Muslim widow or divorcee may legitimately remarry. The Qurʾān (Sura,2/verse,228) prescribes that a menstruating woman have three monthly periods before contracting a new marriage; the required delay for a nonmenstruating woman is three lunar months.
* Dar Al-Islam: designates a territory where Muslims are free to practice their religion, though this often implies the implementation of Islamic law, whereas Dar al-Harb represents those lands ruled by non-believers

I work at a company that provides cash advances of 800 dinars, 1000 dinars, or 1200 dinars, depending on the employee’s years of service. An administrative fee of 40 dinars is deducted from the amount in the first month, and the remaining amount is repaid in installments. What is the ruling on this, knowing that the deducted amount (40 dinars) is fixed?

We fear that the deducted amount may be a means of circumventing interest (Riba). If the deducted amount is equal to or less than the actual administrative expenses, then there is no issue, as some scholars permit the borrower to bear the costs of documenting and managing the loan. However, piety suggests refraining from taking this loan under these conditions, as dealing with private individuals and companies is not the same as dealing with the state, which spends from the public treasury. And Allah Knows Best.

Is it permissible for a wife to leave her house without obtaining the permission of her husband, and not to come back unless he divorces her co-wife?

It is forbidden for the wife to leave without obtaining her husband`s permission, and it is impermissible for her to ask him to divorce her co-wife as this inflicts harm on the latter and such an act is forbidden in Islamic law.

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