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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

What is recommended for a Muslim to say on Laylat al-Qadr?

On Laylat al-Qadr, it is recommended for a Muslim to recite the supplication (du‘a) that the Prophet ﷺ taught Aisha (may Allah be pleased with her):
"O Allah, You are Most Forgiving, and You love forgiveness, so forgive me." [Narrated by Al-Tirmidhi]

Is it permissible for women to attend Tarawih prayer in the mosque?

Yes, it is permissible for women to attend Tarawih prayer in the mosque, provided they observe modesty, proper covering, and avoid mixing with men.
The Prophet ﷺ said: "Do not prevent the female servants of Allah from the mosques of Allah." [Bukhari and Muslim]

What is the ruling of Islamic Law on performing ṭawāf on the upper floors of al-Masjid al-Ḥarām, given that these floors are situated above the level of the Ka‘bah, and that the one performing ṭawāf passes by certain barriers, such as pillars and walls, during the ṭawāf?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
There are numerous conditions for the validity of ṭawāf (circumambulation around the Ka‘bah), among them: that the one performing ṭawāf be inside the Masjid (al-Masjid al-Ḥarām) — even if the Masjid has been expanded, so long as the expansion does not extend out into al-ḥill (land outside the sanctuary boundaries). It suffices for the ṭawāf to be performed in the airspace of the Masjid or upon its roof, even if that roof is higher than the Ka‘bah (the House) itself.
Al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "It [ṭawāf] is valid upon the roof of the Masjid, even if the roof of the Masjid is higher than the House — just as prayer [is valid] upon Mount Abū Qubays despite its elevation above the House. This is the relied-upon (mu‘tamad) position." [Mughnī al-Muḥtāj, Vol.2/P.246]
The validity of the tawaf isn`t affected by the pillars and walls standing between the one performing ṭawāf and the House, since the condition is only that the person performing ṭawāf be within the boundaries of the Masjid and outside the boundaries of the Ka‘bah itself.
Ash-Shirbīnī said: "It [ṭawāf] is valid inside the Masjid, even if it is expanded, and even if a barrier stands between the one circumambulating and the House — such as a water-supply structure (saqāyah) or pillars (sawārī)." [Mughnī al-Muḥtāj, Vol. 2/P.246]
Accordingly, ṭawāf performed on the upper floors is valid, and the presence of barriers such as pillars and walls during the ṭawāf does not affect its validity. And Allah, the Exalted, knows best.

What is the ruling on someone who is uncertain whether he omitted one of the ab‘āḍ of the prayer, such as being uncertain whether he omitted the first tashahhud?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The ab‘āḍ include the middle tashahhud and the qunūt in Fajr prayer — for which sujūd as-sahw (the prostration of forgetfulness) is prescribed if left out. Whoever is uncertain, during the prayer, whether he omitted one of these elements, should proceed on the assumption that he did not perform it, and should perform sujūd as-sahw accordingly.
It is stated in ‘Umdat as-Sālik (p. 63): "If he is uncertain... whether he omitted a specific ab‘āḍ element, or whether he performed sujūd as-sahw, or whether he prayed three or four rak‘ahs — he proceeds on the assumption that he did not do it, and performs sujūd as-sahw."
The original principle (al-aṣl) for someone uncertain about [having performed] the first tashahhud is that he assumes he did not perform it. And Allah, the Exalted, knows best.

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