Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(212): "Ruling on Satellite Channels that Pretend Curing People with Ruqia"

Date Added : 05-10-2015

Resolution No.(212) (2/2015 A.D) by the Board of Iftaa`, Research and Islamic Studies:

“Ruling on Satellite Channels that Pretend Curing People with Ruqia“

Date: 21/Jumada Al-Olah/1436 A.H, correspomding to 12/3/2015 A.D

 

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

The Board has reviewed, in its third session held on the above date, the question sent by His Excellency, the Director General of Media Commission, Dr. Amjad Al-Qadhi, and reads as follows:

Some satellite channels broadcast programs and ads. that pretend treating diseases by the Quran and Al-Ruqia Al-Shariyah {Quranic verses and Prophetic supplications}. Could you inform me of your opinion as regards such method of treatment, and is it permissible for these channels to broadcast such programs for profit?

After careful study and deliberation, the Board decided what follows:

Nowadays, treatment with “Al-Ruqia Al-Shariyah” has become a means of deceiving people and employing religion for achieving private worldly benefits. This has become the job of some channels which seek to make people believe in superstitions in the name of the Quran although they know deep down that Allah has sent it down as a means of guidance, light, and belief, and not to be used for eating up people`s money, achieving fame or misleading them from the  true Sunnah of treatment which the Prophet (PBUH) commanded Muslims to follow as reflected in His hadith: “Seek treatment for there is no disease that Allah has created, except that He also has created its treatment, to the exclusion of one disease and that is  geriatric old age.” {Abu Dawood}. Every Muslim is capable of making Ruqia, governed by the conditions stipulated in Sharia, to himself and to his family, and not to adopt it as a profession for obtaining a profit and eating up people`s money unjustly.

Therefore, it is incumbent upon the officials in charge of media and religious affairs to stop all channels that pretend to cure diseases by the Quran and al-Ruqia al-Shariyah as a means of making a profit as well as programs that promote such a thing, since protecting the religion of Allah against such acts and maintaining its purpose of guiding people is an obligation. And Allah Knows Best.

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

Vice Head of the Iftaa` Board, Dr. Ahmad Hilayel

Dr. Yahia Al-Botoosh/ Member

Dr. Hayil Abdulhafeez/ Member

Sheikh Sa`ied Hijjawi/ Member

Dr. Mohammad Khair Al-Essa/ Member

Dr. Moh. Al-Qodah/ Member

Dr. Wasif  Al-Bakri/ Member

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

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Zou`bi/ Member

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Summarized Fatawaa

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 Islamic punishment for the one who neglects prayer?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Neglecting the prayer (Salah) is among the major sins (Al-Kaba’ir). One who neglects it out of laziness is considered a transgresor (Fasiq), while one who neglects it while denying its obligation is a disbeliever (Kafir). And Allah the Exalted knows best.

What is the ruling of Islamic Law on participating in the prize draws (raffles) that commercial stores hold for their customers?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
There is no objection to participating in the prize draws (raffles) that commercial stores hold for their customers, provided that the buyer's intention in purchasing is not merely to enter the competition without any need for what is bought — rather, the purchase must be genuinely intended for the item itself, and one must not pay more than the item's fair market price. This is because paying an amount above the market price would effectively be paying a fee to enter the prize draw, which would render it a form of gambling (qimār).
These prizes are, in essence, gifts that businesses offer through a random drawing (qur'ah) to those who purchase from them, as a means of encouraging sales, without the customer bearing any additional monetary cost for participation. So long as the aforementioned conditions are met, there is no objection to benefiting from the prize offered by the store, as it is considered a lawful prize from the viewpoint of Islamic Law.
It is stated in the resolutions of the "Jordanian Iftaa' Board" (Resolution No. 47), in the context of outlining the conditions for permissible prizes: "The price of the ticket [or item purchased] for the sake of the prize must not exceed its original price, so that there is no payment of money in exchange for participation in the draw." And Allah, the Most High, knows best.

Is Zakah (obligatory charity) due on land intended for selling?

Yes, lands intended for trade are valued, and Zakah is paid according to their estimated value after a lunar year had lapsed, but if the owner didn`t pay the due Zakah, then he should do so after selling them.