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 These laws and regulations should be adhered to because they were originally made to prevent exploitation of human beings and labor trafficking, in addition to combating corruption that could take place in this sector.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

What is the ruling on a vowed animal sacrifice?

A vowed animal sacrifice is to be distributed amongst the poor and needy, and neither the vow-maker, nor those supported by him are to eat from it.

What is the ruling of Islamic Law on speaking with one's fiancée (before the marriage contract) by telephone and WhatsApp?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Before the marriage contract, the two engaged persons remain non-mahram (strangers) to one another. Reciting al-Fātiḥah, receiving some money on account of the dowry (mahr), or accepting a gift are all merely a promise of marriage and not a valid contract under the Sharīʿah.
It is therefore forbidden for the engaged couple, before the marriage contract is concluded, to be alone together (khalwah) or to shake hands. It is likewise forbidden to speak by telephone or correspond without need. And Allah Almighty knows best.

If a woman becomes pure from menstruation before the Fajr Adhan in Ramadan, is she required to fast?

If a woman becomes pure (from menstrual period) before the Fajr Adhan, she must fast, as the impediment preventing her from fasting has been removed. The Sharia maxim in this regard states: "When the impediment is removed, the obligation returns."
She should then make the intention to fast before Fajr and perform ghusl (ritual purification) for prayer, whether before or after Fajr.

What is the ruling of Islamic Law on the prayer of zawal?

 

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended (sunnah) to pray four rakʿāt — either with a single tasleem or as two separate sets of two rakʿāt — immediately following the sun's decline from its zenith (zawāl). This prayer is distinct from the regular Sunnah prayer of Ẓuhr (sunnat al-ẓuhr al-rātibah), as explicitly stated by the Shāfiʿī jurists.
It is mentioned in Nihāyat al-Muḥtāj: "The prayer of zawāl is offered after the sun's decline — so were one to perform it before that, it would not count. It consists of two or four rakʿāt and is distinct from the Sunnah of Ẓuhr, as is evident from the fact that it is mentioned separately after the regular Sunnah prayers, and it becomes a make-up prayer (qaḍāʾ) if a long period of time passes by customary reckoning... Al-ʿAlqamī stated: 'Scholars refer to this as the Sunnah of Zawāl, and it is distinct from the four rakʿāt that constitute the Sunnah of Ẓuhr.' Our shaykh said: Al-Ḥāfiẓ al-ʿIrāqī stated that among those who explicitly affirmed its recommendation was al-Ghazālī in al-Iḥyāʾ, in the chapter on devotional litanies, noting that there is no tasleem between them — meaning there is no break between each pair of rakʿāt."
The time of the sun's decline (zawāl) marks the very beginning of the time for the Ẓuhr prayer.
And Allah the Almighty knows best.

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