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Resolutions of Iftaa' Board

Resolution No.(119): “Ruling on Trading with Cellular Phone Card“

Date Added : 02-11-2015

 

Resolution No.(119): “Ruling on Trading with Cellular Phone Cards“

Date: 1/3/1429 AH, corresponding to 9/3/2008 AD.

 

All perfect praise be to Allah The Lord of The Worlds, and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

The board received the following question:

A trader was asked to provide cellular phone cards that equal (500) JDs, then sell them by installments over one year with 20% as a profit. He has the following questions:

1- Is trading with cellular phone cards illegal?

2- Is it permissible to specify a certain percentage of profit, in general?

Answer: All success is due to Allah

1- It is permissible to trade with cellular phone cards because it is a kind of sale against a benefit. This is supported by the fact that these cards have a certain expiry date, and become useless after that date. Moreover, possession of such cards is tantamount to possession of a benefit, which is using the web of the telecommunications company that issued them for a specific period. One who has possession of a benefit may make it in the possession of someone else in return for a compensation, even if that compensation was more than the one against which he had possessed that benefit in the first place. However, cellular phone cards differ from paper money so as for people to say that they may not be sold for more than their actual value.

 

2- It is permissible to specify a certain margin of profit, whether for cellular phone cards, or any other commodity, because doing does not contradict the rules of Islamic Sharia.

And Allah Knows Best.

 

Head of the Iftaa` Department, The Grand Mufti of Jordan, Dr. Nooh Al-Qodat

Vice Head of the Iftaa` Board, Dr. Ahmad Hilayel

Sheikh AbdulKareem Al-Khasawneh/ Member

                                               Sheikh Sa`eid Hijjawi/ Member

                                               Dr. Mohammad Khair Al-Essa/ Member

                                               Judge Sari Attieh/ Member

                                               Dr. Abdulrahamn Ibbdah/ Member

                                               Dr.Mohammad Oklah Al-Ibraheem/ Member

                                               Sheikh Na`eim Mujahid / Board Executive Secretary

 

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Summarized Fatawaa

Is the multiplication of reward for prayer in the sanctuaries of Makkah and Madīnah limited to the obligatory prayer, or does it include the voluntary prayer as well?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
There is no difference between the obligatory (farḍ) and the voluntary (nafl) prayer in the ḥadīth on the multiplication of reward in the two Sanctuaries (al-Ḥaramayn), because the authentic ḥadīths are unrestricted and general in wording. It is therefore not permissible to restrict or specify them without evidence. Shaykh al-Islām Imam al-Nawawī (may Allah have mercy on him) said: “Our school holds that the superiority of prayer in the two mosques of Makkah and Madīnah is not limited to the obligatory prayer, but includes both the obligatory and the voluntary.” [al-Majmūʿ Sharḥ al-Muhadhdhab, Vol.8/p.476]
The multiplication of reward applies to whoever prays in al-Masjid al-Ḥarām or anywhere within the sanctuary (ḥaram). Al-Shirwānī (may Allah have mercy on him) said: “The more correct view according to al-Nawawī is that the multiplication of the prayer’s reward covers the whole sanctuary, and is not limited to the mosque, nor to Makkah itself.” [Tuḥfat al-Muḥtāj with the glosses of al-Shirwānī and al-ʿAbbādī, Vol.10/p.95]. And Allah Almighty knows best.

What is the ruling on storing the meat of sacrificial animals and distributing it throughout the year?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is disliked (makruh) to store or preserve the meat of sacrificial animals (udhiyah), whether for a short or long period, provided that the sacrifice is slaughtered within its prescribed lawful time, while also taking care to prevent the meat from spoiling. And Allah Almighty knows best.

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

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.

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