عربي
Home


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

 

Decision Number [ Previous | Next ]


Summarized Fatawaa

How does one with a continuous condition (like urinary incontinence or non-menstrual vaginal bleeding - mustahada) perform ablution?

A person with a continuous condition must do three things:
1. Not perform ablution except after the prayer time has entered.
2. Change the bag or diaper placed to reduce the flow of urine or blood after the prayer time enters, wash the private part from blood or urine, and perform ablution immediately.
3. Perform the actions of ablution in immediate succession, then pray immediately without delay, unless he intends to pray with the congregation.
It is not permissible for a person with a continuous condition to combine two obligatory prayers with one ablution, as he must perform ablution for each obligatory prayer, even if making it up (qada'). And Allah the Almighty knows best.

Is it permissible for a woman to observe voluntary fast without her husband's permission?

A woman is not permitted to observe a voluntary fast (nafl) while her husband is present without his permission.

Is it permissible for a woman to perform the obligatory prayer immediately after the adhan and before the Iqamah is performed in the mosque?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Yes, it is permissible for a woman to perform the obligatory (Fard) prayer immediately after the Adhan (call to prayer) and before the Iqamah (call to commence prayer) is performed in the mosque. And Allah the Exalted knows best.

What is incumbent upon the one offering the sacrifice if, after slaughtering the animal, they discover that one of its internal organs is damaged or diseased?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
The presence of disease or defect in the internal organs of a sheep does not affect the validity of the sacrificial animal, unless the disease leads to the animal becoming emaciated and its meat becoming corrupted.
 
It is stated in al-Iqnā' (2/590) by Imam al-Shirbīnī: "The third disqualifying condition: an animal with a manifest illness — meaning one whose illness visibly results in emaciation and corruption of its meat. However, if the illness is minor and does not produce such effects, it doesn`t affect the validity of the sacrificed animal." And Allah Almighty knows best.

See More