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