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Resolutions of Iftaa' Board

Resolution No.(145): "Ruling when a Government Employee Accepts Personal Gifts"

Date Added : 27-10-2015

 

Resolution No.(145) (10/2010) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling when a Government Employee Accepts Personal Gifts"

Date: (17/8/1431A.H) (29/7/2010 A.D)

 

The month of Ramadan has returned, and the wheel of time has completed its usual cycle. The hearts of Muslims rejoiced at its return, illuminated by the lights of worship and obedience. They remembered the Prophet's joy in welcoming this noble guest, as he used to say: "O Allah, let this month come upon us with safety, faith, peace, and Islam. Our Lord and your Lord is Allah." [At-Tabarani].

 

Ramadan arrives as a noble guest, bringing with it its lights and blessings. It is incumbent upon Muslims to recognize its value and honor its arrival. Allah has designated a caller who announces at the beginning of its first night: "O seeker of goodness, come forward. O seeker of evil, retreat." Therefore, a pleasant encounter between the Muslim and Ramadan takes place, becoming an opportunity for repentance, returning to the straight path, resuming righteous deeds, and seeking forgiveness for past sins and the mischievous whispers of the devils. The Prophet (PBUH) said: "Allah is more pleased with the repentance of His slave than one of you who finds his lost camel in the desert." [Agreed upon].

 

Taking advantage of this blessed time and seizing the opportunity of this noble month, a person can rectify their situation, make up for losses, and rid themselves of past sins. The Prophet (PBUH) said: "Indeed, Allah extends His Hand during the night so that the one who sinned during the day can repent, and extends His Hand during the day so that the one who sinned during the night can repent, until the sun rises from its place of setting." [Moslim]. The fasting person can elevate their status and attain emancipation from their sins, becoming one of the successful ones.

 

Ramadan is a rare opportunity bestowed upon humanity by Allah, offering a chance for a fresh start in their faith, a new way of life. The Prophet (PBUH) said: "The Gates of Paradise are opened, the Gates of Hellfire are closed, and the devils are chained." During this month, there is the Night of Decree, better than a thousand months, in which angels descend to the Earth by the permission of their Lord...

 

The joy of fasting lies in meeting one's Lord, as the Prophet (PBUH) said: "There are two joys for the fasting person: one joy when they break their fast, and another joy when they meet their Lord due to their fasting." [Agreed upon].

 

Therefore, whoever misses goodness during this month has indeed missed a great benefit and abundant blessings. The Prophet (PBUH) said: Gabriel (PBUH) told me: "Woe to the one who witnessed Ramadan and was not forgiven. Say, 'Amen." [At-Tirmithi].

 

Hence, one should seize this opportunity, filling their heart with love, mercy, faith, and seeking proximity to Allah through repentance, forgiveness, and acts of kindness. Allah The Almighty Says (What means): "Woe to those whose hearts are hardened against celebrating the praises of God! They are manifestly wandering (in error)!" [Az-Zumar/22].

 

Praise be to Allah, the good in our society is great. Many people resume their virtuous lives during Ramadan, renew their repentance to Almighty Allah, abandon sins and resolve not to return to them. They train themselves in this blessed month to do-good deeds and practice acts of obedience. It gives them an opportunity for correction, self-evaluation, and hope to attain the greatest reward, which is Paradise. Allah, The Exalted, Says (What means): "That is the great attainment." [At-Tawbah/72]. It is the ultimate victory, as it leads to eternal happiness in the Hereafter. Allah, The Most Exalted also Says (What means): "Its mixture is of musk. And for this, let the competitors compete." [Al-Mutaffifin/26].

 

Al-Tabari said: "Al-Tanafus (competition) is derived from something precious that people eagerly desire, seek, and their souls long for. The meaning is: Let them hasten in seeking this bliss, and let their souls be eager for it.

 

Undoubtedly, whoever fasts during Ramadan with faith and seeking reward, and uses this month to practice acts of obedience and offer assistance, while reading the Quran and controlling their tongue, is capable of being productive and restraining their desires and pleasures. The fasting person sets forth towards goodness and virtue. This challenge faces the Islamic nation in every time and place. Allah, The Most Exalted Says (What means): "By the soul and He who proportioned it, and inspired it with discernment of its wickedness and its righteousness." [Ash-Shams/7-8], meaning, purifying the soul through obedience to Allah. That is why Allah, the Exalted, has designated great rewards for sincere fasting. The Prophet (PBUH) said: "Whoever fasts during Ramadan out of faith and seeking reward, all his past sins will be forgiven." [Al-Bukhari].

 

The obedient person fasting for the sake of Allah the Almighty senses the constant surveillance of Allah in all aspects of their life and holds themselves accountable for their actions. By doing so, they have embarked on the initial stages of self-reformation and the treatment of their soul and desires.

 

Fasting has an important ethical and educational role in changing a person's behavior, leading to a true and genuine transformation. The physical changes associated with meal and drink timings require us to reflect on their implications and understand the purpose and objectives behind them. The Prophet (PBUH) said: "Whoever does not give up false speech and acting upon it, Allah has no need of his giving up his food and drink." [Al-Bukhari].

 

Just as the fasting person should feel and embody this positive change, they should also make others aware of it. He (PBUH) said: "If one of you is fasting, let him neither indulge in obscene language nor raise his voice in anger. If someone curses him or fights with him, he should respond by saying: 'I am fasting, I am fasting." [An-Nasa'i].

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

During its seventh session held on the above date, the Board reviewed the following question:

I`m a doctor in one of the public hospitals of Jordan, and a large number of medical representatives visit us (doctors) on regular basis. Actually, the medications that we prescribe to patients are very expensive, and these representatives do their best to promote their products because there is a great deal of competition between the manufacturing companies, which provide different medications for the same illness. They try to convince us to prescribe their products through favoring us with certain privileges such as gifts and dinner invitations in fancy restaurants. This is done under the pretext of holding a lecture about a particular medication; however, the invitation targets our department. Alternatively, they would invite us to attend a medical conference abroad at their own expense. Regardless of these temptations, we dispense the needed medications based on the patient`s situation. Is this bribery and should we turn such temptations down? 

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

It is prohibited for an employee to accept personal gifts, which are offered to him in return for delivering a certain service, and may affect his judgment. Therefore, it is unlawful for doctors, or other employees to accept gifts from representatives of pharmaceutical companies because this could make them opt for prescribing their products based on the gift rather than the quality and effectiveness of the medication itself.

The degree of prohibition increases once the doctor prescribes the medication based on the gift that he had accepted; particularly, when a more effective and less expensive alternative is available, and  since the medical profession  has been originally founded to serve a noble purpose, it shouldn`t be exploited whatsoever in jeopardizing lives  in return for a little materialistic benefit. In this regard, Allah, The Almighty, Says (What means): “Help ye one another in righteousness and piety, but help ye not one another in sin and rancor." [Al-Ma`ida/2]

As regards attending lectures that demonstrate the composition of a medication and its side effects, even those which include dinner, there is no harm in that so long as it doesn`t affect the doctor`s judgment concerning the suitable medication that needs to be prescribed. It is obligatory that he fears Allah when taking a decision, and that he  prescribes the best and  safest of  medications. If  he fails to do so, then he betrays the trust vested in him, and this is considered  one of the grave major sins. And Allah Knows Best.

 

 

Head of the Iftaa` Board, The Mufti General 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

                      His Eminence Sheikh Sa`eed Hijjawi/ Member

Dr. Moh. Khair Al-Essa/ Member

                                                          Judge Sar`ri Attieh/ Member

     Dr. Abdulrahman Ib`bdah/ Member

         Dr. Moh. Oklah Al-Ibraheem/ Member

             Dr. Abduln`nassir Abu-Al basal/ Member

          Dr. Mohammad  Al-khalaylah/ Member

                                                          Dr. Moh. Gharaibeh/ Member

Executive Secretary of the Iftaa` board, Dr, Ahmad Al-Hassanat

 

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Summarized Fatawaa

What is the ruling on praying seated due to severe obesity, given that I experience hardship in performing the prayer — especially when rising from the ground after sujūd to perform the next rak‘ah?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Standing, when one is able to do so, is a pillar of the prayer. However, whoever would experience severe, intolerable hardship, or fears harm to himself or to a limb due to obesity, or finds that standing causes him to lose his khushū‘ (humble focus and concentration) in prayer, then there is no objection to his praying seated on a chair or on the ground, performing rukū‘ (bowing) and sujūd (prostration) through gesture — provided that the gesture for sujūd is made lower than that for rukū‘. Whoever is able, at any point, to properly perform any one of these pillars, is obligated to perform it in full; for omitting it is a concession that applies only in cases of genuine inability. The Prophet ﷺ said: "When I command you to do something, do of it whatever you are able." (Related by al-Bukhārī). As the scholars of fiqh have established: what remains possible is not waived on account of what is difficult.
The criterion for determining genuine inability, as chosen by Imam al-Ḥaramayn al-Juwaynī (raḥimahullāh), is that the worshipper experiences hardship that causes him to lose his khushū‘.
As for voluntary (nafl) prayer, there is no objection to performing it while seated, even if one is able to stand. However, rukū‘ and sujūd must still be performed [in their proper physical form] by anyone who is able to do so. And Allah, the Exalted, knows best.

What are the conditions for a valid Udhiyah?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
First: The age of the animal must meet the Sharia requirements. These requirements vary depending on the type of sacrifice:
 
Camels: Must have completed five years and entered their sixth.
 
Cows: Must have completed two years and entered their third.
 
Goats: Must have completed two years and entered their third. As for Sheep, they must have completed one year and entered their second.
 
Some scholars have permitted goats that have completed one year and entered their second.
 
The Hanafi school, along with an opinion in the Maliki school, permits sacrificing sheep that are at least six months old, provided they are healthy and physically substantial. According to the Shafi’i school, it is permissible if the sheep sheds its front teeth (ajdha') before reaching one year [Al-Iqna’, by Al-Shirbini (Vol.2/P.588)].
 
Second: Soundness and freedom from defects. The animal must be free from any defect that causes a decrease in its meat or market value. This is based on the hadith narrated by Al-Bara' bin 'Azib, that the Prophet (peace be upon him) said:
 
"Four [defects] are not permissible in sacrifices: A one-eyed animal whose blindness is evident, a sick animal whose illness is evident, a lame animal whose lameness is evident, and an emaciated animal that has no marrow in its bones." [Reported by Abu Dawood and Al-Tirmidhi, who graded it as authentic].
 
These defects are detailed as follows:
 
Evident Lameness: It is not permissible to sacrifice a lame animal if the lameness is severe enough to prevent it from walking to the pasture or seeking food, as this leads to a decrease in its meat. However, slight lameness that does not hinder its grazing is overlooked.
 
Evident Blindness (One-eyed): It is not permissible to sacrifice a sheep, cow, or camel that has a white film over its eye blocking light, or one that has lost an eye entirely. Weak vision that does not affect its ability to eat does not prevent the sacrifice from being valid.
 
Evident Illness: An animal with a clear sickness that prevents it from eating or moving is not valid. This includes severe mange (Jarab) that spoils the meat.
 
Extreme Emaciation: An animal so thin that there is no marrow left in its bones is invalid. The standard for emaciation that invalidates the sacrifice is that which spoils the quality of the meat to the point that people would find it undesirable even in times of plenty.
 
Additional Considerations:
These are the defects mentioned in the Prophetic tradition, and any defect that causes emaciation or reduces the meat or value is compared to them by analogy. This includes animals that are mentally unstable (diseased), those with mange, or those with a missing ear. In contrast, a slit or pierced ear does not affect the validity of the sacrifice. And Allah the Almighty knows best.

What is the ruling on performing the Witr prayer as a single rak`ah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to perform the Witr prayer as a single unit (rak‘ah). It was narrated from Ibn ‘Umar that a man asked the Messenger of Allah ﷺ about the night prayer, and the Messenger of Allah ﷺ replied: 'The night prayer is offered two by two (mathna mathna). If one of you fears the approach of dawn, let him pray a single rak‘ah to make what he has prayed odd-numbered (Witr) for him.' (Related by al-Bukhari & Muslim)). However, limiting the prayer to only one rak‘ah is considered 'contrary to the preferred way' (Khilaf al-Awla).
 
It is stated in Al-Minhaj al-Qawim Sharh al-Muqaddimah al-Hadramiyyah (p. 137): 'The minimum of Witr is one rak‘ah, but limiting it to that is contrary to what is best.'
 
The most complete form of Witr is eleven units, while the minimum level of 'perfection' is three units. It is stated in ‘Umdat al-Salik (p. 60): 'The minimum of Witr is one rak‘ah, and its maximum is eleven, performing the taslim (salutation) after every two units. The lowest level of perfection is three units with two separate taslims (meaning 2+1).' And Allah the Exalted knows best.

What is the meaning of the Prophetic statement that a boy is held in pledge (murtahan) for his 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The first interpretation: That if the boy dies in infancy without an 'aqīqah having been performed on his behalf, he will not intercede for his parents on the Day of Resurrection. This is the position of Imam Aḥmad ibn Ḥanbal, and Imam al-Khaṭṭābī concurred with him, stating: "The finest of what has been said regarding this matter is the position adopted by Aḥmad ibn Ḥanbal." — [Fatḥ al-Bārī by Ibn Ḥajar,{Vol.9/P.594]
The second interpretation: That the child is likened to a pledged object (marhūn) — one from which full benefit and enjoyment cannot be derived until it is redeemed. A blessing is only made complete upon the one blessed when they fulfil the obligation of gratitude (shukr), and the prescribed expression of gratitude for this particular blessing is what the Prophet ﷺ established as Sunnah — namely, the slaughtering of the 'aqīqah on behalf of the newborn as an act of thankfulness to Allah the Almighty and as a supplication for the wellbeing and safety of the child. This is the position of Mullā 'Alī al-Qārī. See: [Mirqāt al-Mafātīḥ Sharḥ Mishkāt al-Maṣābīḥ, Vol.7/P.2688]
And Allah Almighty knows best.

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