Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Date Added : 02-11-2015

Resolution No.(148)(13/2010) by the Board of Iftaa`, Research and Islamic Studies: "Rulings on some Examples of Lawyers` Work"
Date: 2/9/1431 AH, corresponding to 12/8/2010 AD.

 

During its ninth session held on the above date, the Board reviewed the following question:
What is the ruling of Sharia on a lawyer`s work in the following cases:
First Case: When the lawyer concludes a contract with accident-damaged people and  persons who have insurance, where he buys the case from them for a certain price in return for taking everything that he manages to collect from the insurance company?
Answer: This case is similar to purchasing debt, which is claimed by an accident- damaged person, from the insurance company. It is forbidden for two reasons:
First: The lawyer pays an advanced sum of money to the damaged person so as to collect a larger deferred sum from the insurance company. This is forbidden usury because Allah, The Almighty, says(which means), " O ye who believe! Fear God, and give up what remains of your demand for usury, if ye are indeed believers."{Al-Baqarah/278}.
 Second: This transaction is aleatory because the lawyer pays a certain sum and doesn`t know how much he will collect from the insurance company, and this forbidden.
Second Case: When the lawyer concludes a contract with the accident-damaged persons like in the first case, but he gets 25% or more or less, out of whatever sum he manages to collect from the insurance company?
Answer: The Board believes that this is permissible in accordance with the view of the Hanbalite jurists who permit specifying a certain percentage as a fee out of a profit.
Third Case: When the lawyer concludes a deal with a man of wealth whereby the latter founds  a law firm to the former in return for a percentage from the revenues of particular cases?
Answer: The Board believes that this is permissible on basis of partnership as is the view of the Hanbalite jurists. Therefore, the revenues should be divided between the two partners as agreed. However, if the wealthy person fully equips that law firm and collects his money as a rent paid by the lawyer, then this is acceptable as agreed by the Muslim scholars. And Allah knows best.

 

Head of the Iftaa` Board, The Grand Mufti of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh
Vice Head of the Iftaa` Board, Dr. Ahmad Hilayel
Dr. Yahia Al-Botoosh/ Member
His Eminence, Sheikh Sa`ied Hijjawi/ Member
Dr. Mohammad Khair Al-Essa
Judge Sarrie Attieh
Dr. Abdulrahman Ibbdah/ Member
Dr. Mohammad Oklah/ Member
Dr. Abduln`nassir Abu Al Bass`al/ Member
Dr. Mohammad Al-Khalayleh/ Member
Dr. Mohammad Al-Gharaibeh/ Member
Executive Secretary of the Iftaa` Board, Dr. Ahmad Al-Has`sanat

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Summarized Fatawaa

Is it permissible to slaughter one animal as a sacrifice and an Aqeeqah (the sheep slaughtered on the seventh day from the child`s birth)?

It is impermissible to do so since each of them is slaughtered for a different reason.

How many pieces of cloth are used to enshroud a deceased man, and a deceased woman?

A deceased woman is enshrouded in five pieces of cloth: head cover, wrapper, shirt , and two folds of cloth. On the other hand, a deceased man is enshrouded with three pieces of cloth.

Allah The Almighty Made marrying up to four women lawful, but human beings prohibit that with their own land laws. What is the position of Sharia on this?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
What Allah has made lawful, human beings can`t make it unlawful. However, taking the decision to marry up to four women requires material and physical abilities, in addition to having the courage to make such a decision. And Allah The Almighty Knows Best.

I`m a building contractor. I have been building a house for a client, but the construction process stopped for some reason. Unfortunately, currently, prices of materials have multiplied, is it allowed for me to demand an increase in the agreed price?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
It is more appropriate to approach the client and try to reach a mutually satisfactory solution. And Allah The Almighty Knows Best.