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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

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 Reciting the Prophetic Narration?

 All Perfect Praise be to Allah, The Lord of The Worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.
Reciting the Prophetic narration is permissible as many scholars used to, since in principle, the rulings of recitation have to be observed while speaking Arabic language. And Allah Knows Best.

What should a woman, who has given several births during different months of Ramadhaan, and didn`t make up for them in addition to forgetting the exact number of the days and years in which she had missed fasting, do?

She should make up the missed days of Ramadan after estimating their number, and paying the ransom (in food) due on each missed day that she had delayed making up. In addition, she is obliged to repay the ransom according to the number of years if she was able to fast before that time, but didn`t.

If the fasting of nine years has accumulated upon me, I wish to make them up by dividing them over several years, as it is difficult to fast them all in one year due to their large number. Consequently, expiation will be due on me. Is it permissible to pay the expiation after completing all the make-up fasts, even if it takes years?
 
 
 
 
 

If the fasting was broken due to a valid legal excuse, it is permissible to divide the make-up fasts over several years based on one’s ability. However, if a person passes away before completing the make-up fasts, the heirs must fast on their behalf or feed one needy person for each missed day.
If the fasting was broken without a valid excuse, one must hasten to make it up. Should the person die before completing the make-up fasts, the heirs must either fast or feed the needy on their behalf. As for the expiation, it is calculated after completing all the make-up fasts. And Allah Knows Best.
 
 
 
 
 

Do certain vaginal discharges and incontinence of urine nullify ablution, and should underwear be changed?

A person afflicted with constant impurity due to urinary incontinence and vaginal discharges is obliged to make ablution for every obligatory prayer when its time is due, and after removing Najaasah (impurity), and wearing a clean diaper. He/she is obliged to pray immediately even if the impurity is being released, and he/she is obliged to remake ablution, and the aforementioned for every obligatory prayer.

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