Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(148)"Rulings on some Examples of Lawyers` Work"

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 combine and shorten prayers at home before traveling?

It is impermissible to combine and shorten prayers at home before traveling because a person is called a traveler once he/she departs the borders of his/her country, and offering prayer that way was originally intended to exempt a traveler. And Allah Knows Best.

What is the ruling on water present on the floor of a toilet/bathroom?

The default ruling is the purity of this water present on the bathroom floor. If one is certain or strongly suspects its impurity, then one washes whatever part of the body or clothing this impure water has touched. If one doubts its impurity, the default is purity, and we do not rule it impure based on mere doubt. And Allah the Almighty knows best.

Where should a woman who is led by her husband in prayer stand?

All perfect praise be to Allah The Lord of The Worlds                                                                                                                                                                          It is from Sunnah (Prophetic tradition) that she stands behind him. And Allah Knows Best.

What should a person who doubted having missed a pillar of prayer do?

All praise be to Allah, The Lord of The Worlds.                                                                                                                                                                              The prayer of one who doubts having missed one of its pillars is valid, and nothing is due on him/her since having a doubt after offering the act of worship doesn`t undermine its validity. And Allah Knows Best.