عربي
Home


Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(320): "Entitlement to Financial Benefits of Solidarity Funds is Subject to Related Instructions"

Date Added : 17-01-2023

 

Resolution No.(320), By The Board of Iftaa', Researches and Islamic Studies:

"Entitlement to Financial Benefits of Solidarity Funds is Subject to Related Instructions"

Date: (21 Jumada al-Ula, 1444 AH), corresponding to (15/12/2022 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 fifteenth meeting held on the above date, the Board of Iftaa` reviewed the letter No.(11367/1444) sent from the Jordanian Constructions Contractors Association. It stated the following:

We would like to inform you that our late colleague Mr.X passed away on 4 June 2022. Under the Social Solidarity Fund System, testamentary heirs are entitled to financial benefits. However, when the beneficiaries went to collect these benefits from the SSF, they were told that there was a discrepancy between the inheritance deed and the will of the deceased in the application form of the SSF at the JCCA. In that form, the deceased stated that the financial benefits go to his wife and children while in the inheritance deed it is stated that he had a second wife and that the date of the will was earlier than the date of the second marriage. In light of this, what is the legal and Islamic ruling on the entitlement of the second wife to any financial benefits from the SSF at the JCCA?

After deliberations, the Board decided the following:

Islamic Solidarity Funds are based on contributions and cooperation amongst a group of people who agree on paying specific sums of money as a gift to the fund in return for agreed upon sums in case of affliction befalling any of them (subscribers) such as death, and such an act is recommended in Sharia. Almighty Allah Says  in the Holy Quran (What means): “Help ye one another in righteousness and piety, but help ye not one another in sin and rancor.“ {Al-Maida/2}. Here, the money of the SSF isn`t privately owned. Rather, it belongs to all the subscribers and the contract between them is not a contract of debt; rather, it is a commutative contract. This means that entitlement to the financial benefits depends on the system of the Fund itself and doesn`t undergo the rulings of Sharia on inheritance and bequests because these benefits aren`t part of the deceased`s estate, but a gift from the Fund to the beneficiaries. 

 

As understood from the contract of the SSF in light of the above question, the beneficiaries, in case of the subscriber`s death, are his wife and children. The general rule is that "Wife and children" apply to those who are wives and those who are children of the subscriber since the first wife may pass away during the lifetime of her husband (Subscriber) without having given birth to any children. Moreover, he may marry a second wife and she may give birth to children, and he may have both wives. Therefore, financial benefits go to the wives and the children, regardless of being a first or a second wife, because the criterion in (the construction of) contracts is intentions and meanings and not words and form. Rather, the word "Wife" in the application form of the SSF includes the second wife, so she is eligible to receive her share of the Fund`s payments. And Allah The Almighty Knows Best.

 

Grand Mufti of Jordan, Sheikh Abdulkareem Al-Khasawneh

Dr. Mohammad Al-Khalayleh/ Member

Prof. Mahmoud Al-Sartawi/ Member

Sheikh Sa`eid Hijjawi/ Member

Prof. Amjad Rasheed/ Member

Prof. Adam Nooh Al-Qhodah/ Member

Dr. Jameel Khatatbeh/ Member

Dr. Ahmad Al-Hasanat/ Member

Dr. Mohammad Younes al-Zou`bi/ Member

 

Decision Number [ Previous | Next ]


Summarized Fatawaa

Is it permissible for household members to pool money for the Udhiyah and gift it to one of them?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible for members of a household to pool their money together and gift the total amount to one individual among them so that he may offer the sacrifice (Udhiyah). In this case, the family members receive the reward for giving charity (Sadaqah), and the one performing the sacrifice includes them in the spiritual reward (Thawab).
 
Furthermore, slaughtering a single sheep (on one's own) is considered religously better than participating as one of seven people in the sacrifice of a cow or a camel. And Allah the Almighty knows best.

What is the ruling on performing istinja' with perfumed tissues or a tissue moistened with water?

Performing istinja' with perfumed or moistened tissues is not sufficient if they are not dry, due to the moisture on them reaching the impurity, which increases its spread rather than reducing it. Then, to remove the impurity, one must use pure water. And Allah the Almighty knows best.

Is it obligatory to have the intention for each day of fasting, or is one intention sufficient for the whole month?

The intention is obligatory for each day of Ramadan because each day is an independent act of worship separate from the others.
The intention must be made at night before the break of dawn, as the Prophetﷺ said: "Whoever does not intend fasting at night, there is no fast for him." [An-Nasa’i] 
And he also said: "Whoever does not firmly resolve to fast before dawn, there is no fast for him." [At-Tirmidhi, Abu Dawood, and An-Nasa’i]
Whoever wakes up and eats Suhoor while mindful of fasting has made the intention. Likewise, one who firmly intends at any moment during the night to fast the next day has also fulfilled the intention.

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.

See More