Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Date Added : 02-11-2015

 

 

Resolution No.(44): “Ruling on the Proposed Amendments of Mutual Insurance for those Engaging in Murabaha with the Orphans` Fund Development Foundation“

Date: 15/11/1420 AH corresponding to 10/2/2000 AD.

 

The Board has received the following question:

What is the Sharia ruling on the proposed amendments of mutual insurance for those engaging in Murabaha with the Orphans' Fund Development Foundation?

Answer: All success is attributed to Allah.

The Board is of the view that the above type of insurance is permissible in Sharia for in this type, a number of individuals agree upon paying a certain sum, by each, as a contribution to be saved in a private fund or account, and to be spent in case an accident occurs to any of them. Its permissibility rests on the principle of cooperation, which is acknowledged by Islamic Sharia and its general rules. Allah, The Almighty, Says (What means): “Help ye one another in righteousness and piety, but help ye not one another in sin and rancour: fear Allah. For Allah is strict in punishment.” {Al-Maidah/2}.

The idea of this insurance exists in the Aqila (male blood relatives of the killer) system, which is based on solidarity and cooperation amongst the relatives of the murderer in unintentional killing when paying the Diya (blood money) of the murdered. In addition, mutual insurance lessens the financial burden on the family members of the deceased participant (mutual insurance), so they aren`t obligated to pay on his behalf, and he is acquitted Before Allah, The Almighty. Also, mutual insurance preserves the funds of the Orphans` Fund Development Foundation and secures its right to collect the debt due on the participants in case of their death.

This resolution {permissibility of mutual insurance} agrees with the theme of the second conference of the Islamic Research Academy , held in Al-Azhar during the month of Moharram,1385AH,  the Council of the Fiqh Academy held in Makkah in 1399AH, and the opinion celebrated by many contemporary scholars. And Allah Knows Best.

 

Iftaa` Board

Chairman of the Iftaa` Board, Chief Justice, Izz Al-Deen Al-Tamimi

Dr. Mohamoud Al-Bakheet

Dr. Abdulsalam Al-Abbadi

Dr. Yousef Gheezaan

  Dr. Umar Al-Ashkhaar

  Dr. Abdulaziz Al-Khayyat

Sheikh Saeid Hijjawi

Sheikh Na`eim Mojahid

   Sheikh Mahmoud Shwayaat

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Summarized Fatawaa

Is it permissible for the woman to use her mobile phone while on the street?

All Perfect Praise is due to Allah, The Lord of The Worlds 

Modesty should be observed by the woman at all times, so she is free to use her phone while on the street as long as it is done within the limits of Islamic manners. And Allah The Almigty Knows Best.

Is it permissible to give my zakat to my grandson who is studying at university, while I am living abroad and my money is in my home country? Also, is it permissible to assign my father the responsibility of distributing the zakat to the people in my home country?

 

It is permissible to give zakat to a son whom his father is supporting if he is an adult and in good health, because his father is not obligated to support him, making him one of the poor among the Muslims. However, the student who may receive zakat is one who is diligent in seeking beneficial knowledge for the Muslims and is religious. Zakat should be paid in the country where the money is located, and appointing your father to distribute the zakat in the country where the money is is the correct approach. And Allah Knows Best.

Is it permissible to make up for missed fast after the beginning of the second half of the month of Sha`ban (the month before Ramadan)?

Yes, it is permissible, but one who had missed fasts should hasten to make up for them. As for the Hadith mentioned in this regard, the prohibition is for offering absolute voluntary fasting. And Allah Knows Best.

I married a man and had two children; however, we got separated four years ago. In addition, my husband`s brother, paternal uncle of my children, has been providing for them ever since. In fact, he is an honest, well-behaved man. Is it permissible that we get married although his brother (My ex-husband) is still alive?

All perfect praise be to Allah the Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
It is temporarily prohibited for a woman to marry her stepbrother. Therefore, once she receives Talaq Ba`in (Irrevocable divorce), she is allowed to marry her stepbrother, even if his brother (First husband) is still alive. And Allah The Almighty Knows Best.