Resolutions of Iftaa' Board



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 for a father to disinherit his disobedient, alcohol consuming son and his daughter who had fled home and never returned?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
It is permissible to give heirs some money because of their being extra obedient or needy. As far as inheritance is concerned, it is to be divided after one`s death, so it had better be left to the court itself. And Allah The Almighty Knows Best.

Is it permissible to offer mandatory prayer while sitting?

All perfect praise be to Allah, The Lord of The Worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.                                                                                                                                                                                                                            Standing up is a pillar in the mandatory prayer and the prayer is not valid without it unless one cannot do it. As for Nafila (supererogatory prayer), one can perform it in the state of sitting even if he/she can stand, but his/her reward is half the reward of the person who prays while standing if he/sh has no legal excuse for such an act. And Allah Knows Best.

I have concluded my marriage contract at a Sharia court; however, one day I was talking to my fiancée over the phone and she got on my nerves leading me to utter one divorce. This is knowing that I can`t tell my her father because he is very strict and will not accept that at all. What is the best course of action that I should pursue in this situation?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
When divorce takes place before the consummation of marriage it is called Ba`in divorce* (Minor irrevocable divoce), so your wife is considered unlawful to you until you conduct a new marriage contract and pay Mahr* , and you should visit the Iftaa` Department in order to know the correct Fatwa. And Allah The Almighty Knows Best.

* Minor irrevocable divorce Talaq Al-Ba'in Binona Soghra: It is a divorce where the husband cannot take his ex-wife back unless with her consent, conducting a new marriage contract and paying new bridal wealth Mahr.

* In Islam, a Mahr is the obligation, in the form of money or possessions paid by the groom, to the bride at the time of Islamic marriage. While the Mahr is often money, it can also be anything agreed upon by the bride such as jewelry, home goods, furniture, a dwelling or some land.

A woman died at the age of ninety. Her living children are nine: two sons and two daughters. The youngest of her grandchildren, from her son who passed away one year before her, is aged thirty-two. Are these grandchildren entitled to the obligatory bequest although they are aged thirty-two and above?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
A Muslim isn`t obligated to leave a bequest to his grandchildren whose father had passed away; rather, this act is recommended. Therefore, if he left a bequest whereby they get less than one third of the estate then Allah will reward him for that. However, if he left no bequest for them then they get nothing because their paternal uncles are alive and they are closer to the deceased and more entitled to inherit him. This is the position of the four schools of Islamic jurisprudence. However, the Personal Status Law didn`t adopt this position; rather, it gave them the same amount to which their father is entitled when alive but his father or mother are dead; provided that it doesn`t exceed one third of the estate. Therefore, we advise them (Grandchildren) to relinquish this share of the inheritance. If not, then we advise their paternal uncles to overlook the amounts taken from their shares and given to their paternal nephews. And Allah The Almighty Knows Best.