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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

Is it permissible to give to the poor from among the People of the Book from the Udhiyah?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
It is permissible to give to the poor among the People of the Book from a voluntary sacrifice (uḍḥiyyat taṭawwuʿ), just as it is permissible to give charity (ṣadaqah) to them. This opinion is a view (wajh) within the Shāfiʿī school, which was favored by al-Muḥibb al-Ṭabarī and Imam al-Nawawī. [See: Ḥāshiyat Ibn Qāsim al-ʿAbbādī ʿalā Tuḥfat al-Muḥtāj (Vol.9/P.365)]. And Allah Almighty knows best.

What is the ruling on the follower`s prayer if the Imam stands for a fifth rak`ah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If the Imam stands up for an extra unit (rak‘ah) of prayer out of forgetfulness, he must return to the sitting position as soon as he remembers, and he should perform the prostration of forgetfulness (Sujud al-Sahw). It is the duty of the congregants (Ma’mumin) behind him to remind him. However, if the Imam is in a state of doubt regarding the extra unit (and not certainty), it is not permissible for him to return.
 
As for the congregants: anyone who is certain that the Imam has stood for an extra unit is forbidden from following him. In this case, the follower has two choices: either intend to separate from the Imam (Mufaraqah) and finish the prayer alone, or wait for the Imam in the sitting position and perform the final salams with him—the latter being the preferred option. If a follower knowingly follows the Imam into an extra unit, their prayer becomes invalid. However, if a follower is in doubt and not certain of the mistake, they must continue following the Imam, as the Imam was appointed to be followed.
 
It is stated in Al-Majmu’ (Vol.4/P.145): 'If [the Imam] stands for a fifth rak‘ah, the follower should not follow him, even if it is assumed that the Imam might have omitted a pillar from a previous unit; because if the reality is known, following him is impermissible since the follower has certainly completed their own prayer. Even if the follower had missed a previous unit (Masbuq) or was in doubt about performing a pillar like the Fatihah, and the Imam stood for the fifth, it is not permissible for the latecomer to follow him in it. This is because we know that this unit is not counted for the Imam and that he is mistaken in performing it.' And Allah the Exalted knows best.

What is the ruling of Islamic Law on eating or drinking during the circumambulation?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is disliked (makrūh) to eat or drink during the circumambulation (ṭawāf).
Shaykh al-Islām Imām al-Nawawī states in al-Majmūʿ: "It is disliked to eat or drink during ṭawāf, and the dislikedness of drinking is lighter. Neither of them, nor both together, invalidates the ṭawāf. Al-Shāfiʿī said: 'There is no objection to drinking water during ṭawāf, and I do not consider it sinful; however, I prefer that it be avoided, as refraining from it is more befitting in terms of proper conduct.' Among those who explicitly stated the dislikedness of eating and drinking, and that drinking is the lesser of the two, is the author of al-Ḥāwī."
If, however, a person is in genuine need of drinking, then there is no dislikedness in doing so. In any case, the ṭawāf itself remains valid. And Allah the Almighty knows best.

Is it permissible for a woman to lead other women in prayer?

Yes, it is permissible for a woman to lead other women in prayer. The most knowledgeable among them in the rulings of prayer should act as the imam. She should stand in the middle of the row, slightly ahead of the others.

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