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Resolutions of Iftaa' Board

Resolution No.(208): "Ruling on Trading with Dealcoholized Grape Wine"

Date Added : 05-10-2015

Resolution  No. (208)(18/2014), by The Board of Iftaa, Researches and Islamic Studies:

"Ruling on Trading with Dealcoholized Grape Wine"

Date: 30/Zolqidah/1435 A.H, corresponding to 25/9/2014 A.D

 

All perfect praise is due to Allah, blessings and peace be upon Prophet Mohammad and upon his family and companions.

The Board of Iftaa`, Research and Islamic Studies reviewed, in its twelfth session held on Thursday (30/Zolqidah/1435 A.H)-(25/9/2014 A.D), the letter sent by His Excellency, the Director General of the Jordan Food and Drug Administration in which he requested clarifying the Sharia ruling on the percentage of alcohol in “ Alcohol free grape juice “ product coming from Spain. The product is manufactured through fermentation first, then alcohol is processed out of it, without adding any chemicals, and that traces of alcohol remain in it, but these don`t exceed (0.04%) in the final product. It is worth mentioning that the product has a “Halal” certificate from the country of origin. It is also exported by the Kingdom of Saudi Arabia and the State of Kuwait.

After careful study and deliberation, the Board determined:

It is forbidden to have an intoxicant drink which is branded as “wine” even if it was dealcoholized  afterwards. The majority of the Muslim scholars deem that “wine” doesn’t become pure through being processed by human beings. This opinion is supported by the narration of Anas (May Allah be pleased with him) who reported that: ”when the Prophet (PBUH)  was asked if it is possible to process wine into vinegar, he said: (No)” {Muslim}. In addition, warding off harm lies in hindering such industry from becoming a reason for promoting and selling alcoholic drinks under the pretext that they are being processed and dealcoholized. And Allah Knows Best.

 

Head of the Iftaa` Board, The Grand Mufti of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh.

Prof. Ahmad Helayel/ Member

Dr. Hayel Abdolhafeez/ Member

Dr. Yahia Al-Botoosh/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Dr. Mohammad Khair Al-Essa/ Member

Prof. Abduln`nassir Abu Al Bass`al/ Member

Dr. Mohammad Al-Khalayleh/ Member

Prof. Mohammad Al-Qodah/ Member

Dr. Wasif Al-Bakkri/ Member

Dr. Mohammad Al-Zou`bi/ Member

 

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Summarized Fatawaa

Does touching women temporarily forbidden in marriage nullify ablution?

It is prohibited to touch, or to shake hands with such women as they are considered strangers, and doing so nullifies ablution.

Which is better for a traveler: fasting or breaking the fast?

Fasting is better, unless it causes hardship—in that case, breaking the fast is better.

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.

What is the ruling on wiping the front of the head beneath the ḥijāb, and is it permissible to wipe over the ḥijāb if it was put on while in a state of purification (wudu`)?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is permissible to wipe the front portion of the head (nāṣiyah) with the fingertips. It is likewise sufficient to place a wet hand over a head covering (ḥijāb), provided the moisture actually reaches the hair beneath it — if it does not, it does not suffice. A head covering is not treated in the same manner as leather socks (khuff) and may not be wiped over in lieu of the head itself.
Imām al-Nawawī, may Allah have mercy upon him, states in al-Majmūʿ (Vol.1/P.407): "If a person is wearing a turban and does not wish to remove it — whether for a valid reason or otherwise — he should wipe the entire front portion of the head... The same ruling applies to whatever a woman wears on her head. If, however, he confines himself to wiping over the turban without wiping any part of the head itself, this does not suffice — and there is no disagreement among us on this point." He further states: "A woman is like a man in the manner of wiping the head... She should insert her hand beneath her head covering so that the wiping falls upon the hair itself. If she places her wet hand over her head covering, our scholars stated: if the moisture does not reach the hair, it does not suffice her." And Allah the Almighty knows best.

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