Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(116): “Sharia Ruing on Paying a Compensation to Partners“

Date Added : 28-10-2015

 

Resolution No.(116): “Sharia Ruing on Paying a Compensation to Partners“

Date: 4/9/1427 AH, corresponding to 27/9/2006 AD.

 

The Board received the following question:

In 1999, a person assumed operating a land in which he was a partner and which was irrigated free by a natural flow of a spring water. In 1994, the Water Authority of Jordan drew out its water shares in that spring in order to deliver them to residential areas. As a result, he was forced to purchase plastic pipes and a generator to pump the water to his land. In 2001, he and his partners filed a suit against the Water Authority of Jordan because of the harm inflicted on them. However, his partners didn`t cover any expenses concerning that lawsuit because the lawyer was supposed to receive a percentage from the compensation, so he had to cover all the expenses on his own. After filing that suit, his partners proposed selling their shares in that land to him, and he agreed and the deal was concluded. In February of 2006, the court ruled that the Water Authority of Jordan pays a compensation to the land owners because its value as irrigated land differed from its value as unirrigated land. On its part, the Water Authority of Jordan did pay the compensation and ordered the Lands Registration Department to transfer that land from irrigated into unirrigated. Is that person entitled to take that compensation for himself because he is the only one who was inflicted with harm while operating the land and after purchasing it as it was changed from irrigated into unirrigated, or is that compensation the right of all his partners?

Answer: All success is due to Allah

The Board is of the view that all partners are entitled to receive the compensation, and the above person`s purchase of their shares doesn`t deny them their right in the compensation since he did so after the suit was filed.

Besides, his partners sold him their shares after the price of the land had decreased. However, the Board sees that he is entitled to claim the costs, which he paid for buying the plastic pipes and the generator, from them. And Allah Knows Best.

 

 

The Iftaa' Board

        Chairman of The Iftaa' Board

            Chief Justice/ Dr.Ahmad Hlyaal

                    Sheikh AbdelKareem Al-Khasawneh

Dr. Yousef Ali  Ghythan

                                                                 Dr. Wasif Al-Bakhri

                                                                 Sheikh Saeed Hijawii

Sheikh Naeem Mujahid

                                                                 Dr. Yaser Al-Shamali

 

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Summarized Fatawaa

Is it valid for the 'aqīqah to be performed using the newborn child's own wealth?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible for the guardian to perform the 'aqīqah using the newborn child's own wealth, because the 'aqīqah is a voluntary act of giving (tabarru'), and a guardian is prohibited from making voluntary expenditures from the child's wealth. Should he do so, he becomes financially liable for what he spent. And Allah Almighty knows best.

I hired a private tutor for my son through an academy that sends teachers [to families] and takes a percentage [of their pay]. At the start of the [new] school year, I arranged directly with that same teacher, without the academy's knowledge. What is the ruling on this?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The ruling on this matter depends on knowing the specific terms of the agreement and contract concluded with the academy. If the agreement stipulates that no arrangement may be made with any of the students except through the academy itself, then it is not permissible for you to breach the terms of this contract, based on the words of our master, the Messenger of Allah ﷺ: "Muslims are bound by their conditions." (Related by al-Bukhārī)
However, if the agreement pertains only to teaching a specific subject, and the agreement concludes once that subject is finished, then there is no objection to arranging with the teacher to teach other subjects after the contract period has ended, outside of the academy.
Whatever the case maybe, the teacher must uphold the terms of his contract with the academy. And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on eating or drinking forgetfully while observing the kaffarah fasting?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If someone eats or drinks out of forgetfulness while fasting, it is simply that Allah has fed them and given them drink. Their fast is not broken by this; rather, they should continue fasting. This ruling applies whether the fast is an obligatory one (like Ramadan), a make-up fast (Qada), an expiation (Kaffarah), or a voluntary (Nafal) fast. And Allah the Exalted knows best.

What is the ruling on speaking while relieving oneself?

It is disliked for one relieving himself to speak while doing so, except out of necessity. And Allah the Almighty knows best.