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Resolutions of Iftaa' Board

Resolution No.(46): "Forms of Dealing with Islamic Insurance Company"

Date Added : 02-11-2015

Resolution No.(46): "Forms of Dealing with Islamic Insurance Company"
Date: 2001 AD

The Board has received the following question: 

What is the ruling of Sharia on dealing with the Islamic Insurance Company?

Answer: All success is attributed to Allah.

Having reviewed the forms of transaction applied in the Islamic Insurance Company and its corporate charter, it became clear to the Board that these forms are based on the system of cooperative insurance, which is permissible in Sharia. However, the transaction of the above company is also based on reinsuring with private commercial reinsurance companies, which don`t adhere to the rules of Sharia. However, since Islamic insurance companies are obliged to reinsure with these companies to be able to operate in the insurance sector, then the situation will remain as such until Islamic reinsurance companies are established.

Consequently, reinsurance and, the case aforementioned, are considered a need tantamount to a necessity, and the Muslim scholars have stated that a need is that whose non-fulfillment leads to hardship, whether that need was public i.e. includes the whole nation or private i.e. includes a certain category such as the people of a country or a craft. Private here doesn`t refer to individual need. Therefore, it is permissible to deal with these reinsurance companies so long as there is a need for that, and within the above rules.

On its part, the Board recommends that Islamic insurance companies do their best to find international Islamic reinsurance companies so that the permissibility of dealing with the above commercial companies becomes based on a pressing necessity. The Board also demands the Legal Supervisory Department to make sure that reinsuring with commercial companies is resorted to when there is a certain need for doing so. And Allah Knows Best.

 

Iftaa` Board

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

 Dr. Mohammad Abu Yahia

Dr. Abdulsalam Al-Abbadi

   Dr. Yousef Gheezaan

    Dr. Umar Al-Ashkhaar

  Sheikh Saeid Hijjawi

        Sheikh Na`eim Mijahid   

Dr. Wasif Al- Bakhri

 

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Summarized Fatawaa

What is the ruling on wiping the head during ablution from behind a barrier like a headscarf (hijab)?

The obligation in ablution is to wipe some of the head; it is not a condition to wipe all of it. As for one who has a turban or headscarf on their head, it is permissible for them to wipe over it after wiping a part of their head in any place. This is easily done at the front of the head. This means the woman begins by wiping the front of her head from under the headscarf, then completes the wiping to the back of the head from over the headscarf. If the woman wipes over the headscarf on her head and the moisture reaches the scalp or some hair within the boundaries of the head, it suffices for wiping the head. And Allah the Almighty knows best.

What is the ruling on insulin injections?

Insulin injections do not break the fast because they are administered under the skin and do not reach the body cavity (jauf).

"I told my family at night: 'I will fast tomorrow as qaḍā' (a make-up fast),' but I forgot to make the intention before sleeping. Is my fast valid?"

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
 
The intention is obligatory in acts of worship. For obligatory fasting, the required intention is to resolve to fast during the night [before dawn]. Its proper locus is the heart, while verbalizing the intention out loud in acts of worship is a sunnah — so that the tongue may align with the heart. If the intent behind the statement in question was the intention to fast, then it is valid; but if the intent was merely to inform someone, or reflected hesitation or doubt, then it is not valid.
 
It is stated in *Bushrā al-Karīm* (Vol.1/P.216): "It is a sunnah to verbalize the intention — that is, whatever has already been intended in the heart, whether an obligatory or a voluntary act — such as specifying the number of rak‘ahs, just before the opening takbīr — so that the tongue may assist the heart, and because this is further removed from whispered doubts (waswasah), and in order to accommodate the view of those who held it obligatory in every act of worship that requires an intention (even though this is a minority position), by analogy with Ḥajj."
 
Accordingly: if the intention to fast arose in your heart before the second adhān [i.e., before Fajr], then your fast is valid.
 
And Allah, the Exalted, knows best.

Is ablution invalidated when blood comes out of the nose, or a wound?

Blood coming out of the nose, or a wound does not invalidate ablution, but it is preferable to make ablution as a way out of the scholars disagreement in this regard.

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