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Resolutions of Iftaa' Board

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

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

What is the ruling on a person in a state of major impurity (junub) walking or eating before performing the ritual bath?

It is from the Sunnah for a Muslim to hasten to perform the ritual bath for major impurity. However, if he delays it, he does not sin provided he does not miss the prayer. It is permissible for the junub to walk, eat, drink, and sleep. It is recommended for him to perform ablution before these actions to reduce the state of impurity, although the best is for him to perform the ritual bath. And Allah the Almighty knows best.

Is it permissible to make ablution without answering the call of nature after waking up?

Washing front and back openings (Istinjaa`) is not a condition for the validity of ablution because it is done to remove Najaasah (impurity), thus if there is no Najaasah, there is no need for that, and then it is permissible to make ablution without answering the call of nature. However, prayer is invalidated if there is Najaasah on the anus ,or the front opening, so it (Najaasah) must be removed for the prayer to become valid, and not the ablution.

What is the ruling on the fasting of a woman who has reached menopause if menstrual blood flows?

If a woman reaches the age of menopause (which is usually sixty-two) and her menses have ceased, then she sees blood after that, and its duration is not less than a day and a night (24 hours), it is menstruation (hayd). If it is less than a day and a night, she is considered as having non-menstrual vaginal bleeding (mustahada), so she fasts and prays. However, she must perform ablution for every obligatory prayer after its time enters, pray immediately, and be treated as a person with a continuous condition. There is no specific end limit for a woman's menstruation; it is possible as long as the woman is alive. And Allah the Almighty knows best.

What is the ruling on one who performs ablution or the ritual bath while having nail polish?

Nail polish must be removed before ablution or ritual bath so that water reaches what is beneath it, because it is a barrier that prevents water from reaching that area. This is based on the hadith narrated by Ali (may Allah be pleased with him) from the Prophet (peace be upon him): "Whoever leaves a hair's breadth of his body unwashed from major impurity, such and such will be done to him in the Fire." (Reported by al-Bukhari). And Allah the Almighty knows best.

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