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Resolutions of Iftaa' Board

Resolution No.(133): “Ruling on Subscribing to Social Security”

Date Added : 27-10-2015

 

Resolution No.(133),(11/2009) by the Board of Iftaa`, Research and Islamic Studies:

“Ruling on Subscribing to Social Security”

Date: 1/8/1430 AH, corresponding to 23/7/2009 AD.

 

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.

During its third session held on the above given date, the Board reviewed the ruling of Sharia as regards subscribing to voluntary social security.

After thorough studying and deliberating, the Board decided:
Ruling on subscribing to social security was referred to the Board upon the making of the law pertaining to social security. At that time, the Board considered it permissible based on the following:
1- The Social Security Fund is part of the public treasury and giving money to it is a sort of donation or contribution to enrich that treasury which is beneficial to all Muslims.
2- In Islamic Sharia it is obligatory that the public treasury provides for the poor old citizen who can`t provide for himself. The Board mentioned what Umar (May Allah be pleased with him) said when he saw one of the people of the book begging. He said: “We haven’t been fair to you; we took Jizyah (a kind of tax) from you when you were young and didn`t provide for you when you got old”. Therefore, he ordered that he receives a maintenance from the public treasury.
3- Due to the fact that the public treasury can`t provide for every poor old person, the social security law was made. This means that the Social Security Fund is obligated to provide for every poor old person who subscribed to it when he was young. This subscription makes it lawful for  him (beneficiary) to receive a maintenance from that Fund.
4- When a citizen reaches the age of retirement and is given a salary from that Fund, if he is poor, then he is permitted to spend it on himself, but if he is rich, then he should give it to the needy.
5- The Board ascertains the content of its above resolution which was issued upon legislating the Social Security Law.

As a result, it is permissible to subscribe to voluntary social security within the aforementioned criteria. And Allah Knows Best.
    

 

Chairman of the Iftaa` Board, Grand Mufti of Jordan, Dr. Nooh al-Qhodat

Vice Chairman of the Iftaa` Board, 

Dr. Ahmad Hilayel

Sheikh Abdulkareem al-Khasawneh/ Member

Sheikh Sa`eid Hijjawi/ Member

Dr. Mohammad Khair al-Eesa/ Member

Judge Sari al-Ass`ad/ Member

Dr. Abdurahamn Ibbdah/ Member

Dr. Mohammad Okla/ Member

Dr. Abdunnasir Abulbasal/ Member

 

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Summarized Fatawaa

Is it permissible to agree with a butcher to purchase the meat of an animal after it has been slaughtered — for instance, by buying the meat of a sheep at a price determined by the weight of its meat following slaughter, at a fixed rate per kilogram? And what is the ruling if the animal is being purchased with the intention of it being an uḍḥiyyah (sacrificial offering)?

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible to sell livestock in the manner of pricing each kilogram of meat after slaughter at a fixed rate, because the meat within the animal prior to slaughter is unseen and unknown. This leads to jahālah (ignorance of the subject matter) and gharar (contractual uncertainty), both of which are among the invalidating factors in sales transactions.
However, it is permissible for the buyer to issue a promise to purchase the meat of the animal after slaughter at a specified price per kilogram, with the actual sale being concluded at the time of weighing the meat — at which point both the quantity of the goods and the total price become known. There is no Sharī'ah objection to this arrangement.
The jurists have stipulated that for a sale to be valid, both countervalues must be present and observable. Al-Khaṭīb al-Shirbīnī, may Allah have mercy upon him, states:
"It is valid to sell a heap of grain whose total measure is unknown to both contracting parties at a rate of one sā' per dirham. This sale is valid because the subject of sale is present and observable, and ignorance of the total price is not harmful since it is known in detail — and uncertainty is thereby lifted."— [Mughnī al-Muḥtāj, Vol.2/P.355]
As for the uḍḥiyyah, the 'aqīqah, and vowed blood sacrifices (al-dam al-mandhūr) — full ownership of the animal must be established prior to slaughter. It is not valid for such animals to be slaughtered while still in the ownership of the butcher. Rather, the animal must be purchased alive and then slaughtered with the intention of uḍḥiyyah or the like. And Allah Almighty knows best.

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