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Resolutions of Iftaa' Board

Resolution No.(193): "Ruling on Using the Zakah Money for the Treatment of the Poor at Al-Maqasid Alkhairiah Hospital"

Date Added : 22-11-2015

Resolution No.(193)(1/2014) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Using the Zakah Money for the Treatment of the Poor at Al-Maqasid Alkhairiah Hospital"

Date: 7/Rabee` Al-Awwal/1435 AH, corresponding to 9/1/2014 AD.

 

All perfect praise be to Allah, The Lord of The Worlds; and may His peace and blessings be upon Prophet Mohammad and upon all his family and companions.

In its first session held on the above given date, the Board of Iftaa`, Research and Islamic Studies reviewed the letter of His Excellency-The Minister of Awqaf and Islamic Affairs and Holy Places, which reads as follows: Your Grace  knows that the Zakah Committee of Hai Nazal and Ad-dra` Al-Gharbi Area (East of Amman) functions under the umbrella of the Zakah Fund, and it has established a big charity-oriented project, which is “Al-Maqasid Al-Khairiah Hospital.“ It consists of seven floors built on a ten-thousand cubic meter lot of land, it takes a hundred and eleven beds, its cost  exceeds four million JDs, it has modern medical equipments, and a qualified staff have been hired to make it fully operational. The hospital offers its services to the public at minimum cost. However, the same service is provided to the poor after conducting field studies supervised by the Zakah Fund Committee which, in its turn, determines the exemptions and discounts to be offered to members of that class.

The Administrative Board of the Zakah Fund  has approved to give three thousand JDs to this hospital,  provided that the money is used to cover the treatment of the poor patients specified by the Fund, and that the whole matter be referred to the Iftaa` Board to clarify the Sharia ruling concerning it.

 After careful study and deliberation, the Board decided the following: 

Treating poor patients isn’t only a recommended act of charity but also a responsibility that must be shouldered by organizations and communities because failing to do so negates the principles of Islamic Sharia and humanity. The Prophet (PBUH) said in this regard: “The believers in their mutual kindness, compassion and sympathy are just like one body. When one of the limbs suffers, the whole body responds to it with wakefulness and fever". {Bukhari&Muslim}.

Since poverty and need are among the key channels of Zakah disbursement, as prescribed in the Holy Quran and according to the consensus of the Muslim scholars, the Board views that there is no harm in dedicating a sum of the Zakah money to cover the treatment expenses of the poor, or the needy so long as honesty in spending and justice in distribution are observed. In this case, the administration of the Zakah Fund functions as a proxy in transferring the Zakah into the possession of the poor; therefore, there is no harm if the Zakah takes the form of treatment since the Shafi`e School of Jurisprudence  and other scholars allowed the Zakah proxy: “to buy a medication to the poor” instead of giving him/her the money {Moghni Al-Mohtajj, vol.4/pp.186}. This way, the objective of Sharia is met, and the needs of the poor are attended to. This is because treatment is one of the most essential needs that should be met sufficiently. 

We advise the givers of Zakah to support this hospital, and we advise those in charge of it to Fear Allah and observe kindness as far as management and service are concerned, and to seek the reward from Allah Alone. And Allah Knows Best.

 

Chairman of the Iftaa` Board: The Mufti General of the Hashemite Kingdom of Jordan

 His Grace Sheikh Abdulkareem Al-Khassawwneh

Vice-Chairmanof the Iftaa` Board: Prof. Ahmad Hilayel

Prof. Hayel Abdulhafeez/ Member

Prof. Abdulnasser Abu Al-Bassal

His Eminence Sheikh Sa`eed Hijjawi/ Member

Dr. Yahia Al-Bottoosh/Member

Prof. Mohammad Al-Qudah/Member

Dr. Mohammad Al-Khalayleh/Member

Dr. Mohammad Al-Z`oubee/Member

Dr. Wassif Al-Bakhri/Member

 

 

 

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Summarized Fatawaa

If the menses lasted for over than 9 to 10 days, considered menstruation?

If the duration of the bleeding does not exceed fifteen days, it is all considered menstruation, even if the usual pattern changes.

Is it incumbent on a husband to pay the alimony of his wife if she had left him and stayed at her parent`s without his permission?

When a wife leaves her house, and stays at her parent`s without asking her husband, she is considered a Nashiz (wife who refuses to abide by her husband’s orders), and so she doesn`t deserve an alimony.

Is it permissible to offer an Udhiyah on behalf of the deceased?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Offering an Udhiyah (sacrificial animal) on behalf of a deceased person is permissible. This is the official position of the Hanbali school (as stated in Kashshaf al-Qina’ by al-Bahuti,Vol.6/P.428) and was also upheld by the prominent Shafi'i scholar Al-’Abbadi (mentioned in Bidayat al-Muhtaj by Ibn Qadi Shuhbah,Vol. 4/P.358). It has likewise been narrated as a valid view among some Maliki and Hanafi scholars.
 
In fact, Imam Abu Dawud dedicated an entire chapter in his Sunan collection entitled, "Chapter on Sacrificing on Behalf of the Deceased." In it, he recorded a narration from Hanash, who said: "I saw 'Ali sacrificing two rams, so I asked him, 'What is this?' He replied, 'The Messenger of Allah (peace and blessings be upon him) commanded me to offer a sacrifice on his behalf, so I am sacrificing on his behalf.'"
 
Imam Abu Dawud also narrated from Jabir (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said: "O Allah, this is from You, for You, and on behalf of Muhammad and his Ummah (community). In the Name of Allah, and Allah is the Greatest," and he then slaughtered the animal.
 
The textual evidence here lies in the fact that our Master, the Prophet (peace and blessings be upon him), offered a sacrifice on behalf of his entire community—and it is well-established that his community includes those who have already passed away.
 
Furthermore, there is an abundance of sacred texts demonstrating that the rewards of righteous deeds reach the deceased. For instance, it is permissible to fast on behalf of a deceased person who passed away with missed obligatory fasts, and it is equally permissible to perform Hajj on their behalf, both of which are firmly established in authentic Hadiths. Therefore, if the reward of fasting (which is a purely physical act of worship) and Hajj (which is a joint physical and financial act of worship) can reach the deceased, then the reward of an Udhiyah reaches them with greater reason (by way of A Fortiori argument). This is because it is a purely financial act of worship, falling under the general category of charity (Sadaqah).
 
Additionally, scholars have reached a consensus (Ijma') that the rewards of charity reach the deceased, and since the Udhiyah is inherently an act of charity, it falls under the same ruling. Consequently, based on all the aforementioned evidence, we hold the view that offering a sacrifice on behalf of the deceased is entirely permissible. And Allah the Almighty Knows Best.

What should a person do if they suffer from an incurable illness that prevents them from fasting?

A person who has an illness that is not expected to be cured and prevents them from fasting must feed a needy person one mudd (600 grams) of food (such as wheat or rice) for each missed day instead of fasting.
Allah Almighty says {what means}: "and [in such cases] it is incumbent upon those who can afford it to make sacrifice by feeding a needy person." [Al-Baqarah/184].

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