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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No. (314): "Ruling on Giving Zakah to Help Cover Treatment Expenses for the Poor"

Date Added : 13-07-2022

Resolution No.(314)By The Board of Iftaa', Researches and Islamic Studies:

"Ruling on Giving Zakah to Help Cover Treatment Expenses for the Poor"

Date (27 of Thilgidah, 1443 AH), corresponding to (27/6/2022 AD).

 

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.

In its ninth meeting held on the above date, the Board of Iftaa` reviewed the question about the ruling of Sharia on giving Zakah to help cover the treatment expenses for the poor and needy as well as their health and living expenses?

 

After thorough deliberations, the Board decided what follows:

 

Assisting the poor and needy, providing for their different needs, and relieving them from hardships are amongst the most beloved acts to Almighty Allah and the highest purposes of Sharia. This proves that the religion of Islam isn`t confined to the relationship between the servant and his/her Lord but also extends to social solidarity mercy to fellow humans. Almighty Allah Says {What means}: "So give what is due to kindred, the needy, and the wayfarer. That is best for those who seek the Countenance, of God, and it is they who will prosper." {Ar-Rum, 38}. Moreover, the Messenger of Allah (PBUH) said: “If anyone relieves a Muslim believer from one of the hardships of this worldly life, Allah will relieve him of one of the hardships of the Day of Resurrection. If anyone makes it easy for the one who is indebted to him (while finding it difficult to repay), Allah Will Make it easy for him in this worldly life and in the Hereafter, and if anyone conceals the faults of a Muslim, Allah Will Conceal his faults in this world and in the Hereafter. Allah Helps His slave as long as he helps his brother.” {Related by Muslim}.

 

Consequently, the Board of Iftaa`, Research and Islamic Studies recommends that the solvent help the poor, needy, and the afflicted through giving both voluntary and obligatory charities to the eligible recipients, which is embodied in covering expenses of surgeries, artificial organs, medications, rehabilitation and the like. This is because there is no reward for kindness except kindness itself. And Allah The Almighty Knows Best.

 

 

 

Grand Mufti of Jordan, Sheikh Abdulkareem Al-Khasawneh

Sheikh Sa`eid Hijjawi/ Member

Prof. Amjad Rasheed/ Member

Prof. Adam Nooh Al-Qhodah/ Member

Dr.Majid Darawsheh/ Member

Dr. Jameel Khatatbeh/ Member

Dr. Ahmad Al-Hasanat/ Member

Dr. Mohammad Younes al-Zou`bi/ Member

 

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Summarized Fatawaa

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

Is it required for a discerning child to make the intention at night if they wish to fast?

If a discerning child wishes to fast during Ramadan, they must make the intention at night because intention is one of the pillars of fasting, even though fasting is not obligatory for them.

What is the ruling on someone who intends to travel to Jeddah for two days — must he enter iḥrām from his place of residence [i.e., before passing the mīqāt]?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Whoever is firmly resolved in his intention to perform ‘Umrah before setting out on his journey, it is unlawful for him to pass beyond his country's mīqāt (the designated boundary point for entering the state of iḥrām) without entering iḥrām. If he does so, he must return to the mīqāt to enter iḥrām from there, provided he has not yet begun performing the rites of the pilgrimage — in which case nothing further is required of him. However, if he does not return, he must offer a sacrifice (sheep/goat), to be distributed among the poor of the Ḥaram.
It is stated in at-Tanbīh fī al-Fiqh ash-Shāfi‘ī (p. 71): "Whoever, intending to perform the rites [of ‘Umrah or Ḥajj], passes beyond the mīqāt and enters iḥrām only after it, must offer a sacrifice. However, if he returns to the mīqāt before beginning any of the rites, the sacrifice is waived from him."
Accordingly: whoever is firmly resolved in his intention to perform ‘Umrah before setting out on his journey must enter iḥrām at the mīqāt of his country through which he passes. Whoever fails to do so, passing beyond the mīqāt without entering iḥrām, and does not return, has sinned, and must repent to Allah, the Exalted; and he must offer a sacrifice, to be distributed among the poor of the Ḥaram. And Allah, the Exalted, knows best.

What is the ruling on someone who eats or drinks thinking that the night is still present, then realizes that dawn has broken?

Whoever eats or drinks thinking that the night is still present, then later discovers that dawn has broken, must refrain from eating and drinking for the rest of the day out of respect for the sacred month. However, they must make up that day after Ramadan, and there is no sin upon them.

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