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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 should a person who doubted having missed a pillar of prayer do?

All praise be to Allah, The Lord of The Worlds.                                                                                                                                                                              The prayer of one who doubts having missed one of its pillars is valid, and nothing is due on him/her since having a doubt after offering the act of worship doesn`t undermine its validity. And Allah Knows Best.

I work at a company that provides cash advances of 800 dinars, 1000 dinars, or 1200 dinars, depending on the employee’s years of service. An administrative fee of 40 dinars is deducted from the amount in the first month, and the remaining amount is repaid in installments. What is the ruling on this, knowing that the deducted amount (40 dinars) is fixed?

We fear that the deducted amount may be a means of circumventing interest (Riba). If the deducted amount is equal to or less than the actual administrative expenses, then there is no issue, as some scholars permit the borrower to bear the costs of documenting and managing the loan. However, piety suggests refraining from taking this loan under these conditions, as dealing with private individuals and companies is not the same as dealing with the state, which spends from the public treasury. And Allah Knows Best.

What is the ruling of Sharia on Zina and what is the punishment for the unmarried man who commits this grave sin?

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.
 
The punishment for Zina (Adultery and extramarital relations) is the same for men and women: 100 lashes for the unmarried to be witnessed by a group of the believers. Definitely, this person has incurred the wrath of Allah; however, he must make repentance immediately, refrain from this grave sin, and seek Allah`s forgiveness. And Allah The Almighty Knows Best.

Is it permissible to pray with a heater (stove) in front of me?

There is no harm in praying with a heater in front of you, as long as you do not intend to venerate the fire or imitate those who worship it. And Allah Knows Best.

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