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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

What is the Du`a (supplication) of Istikhara (guidance prayer)?

O Allah, I consult You as You are All-Knowing and I appeal to You to give me power as You are Omnipotent, I ask You for Your great favor, for You have power and I do not, and You know all of the hidden matters. O Allah! If you know that this matter (then he should mention it) is good for me in my religion, my livelihood, and for my life in the Hereafter, or he said: "for my present and future life" then make it (easy) for me. And if you know that this matter is not good for me in my religion, my livelihood and my life in the Hereafter, or he said: "for my present and future life" then keep it away from me and take me away from it and choose what is good for me wherever it is and please me with it."

Does tooth extraction during the day in Ramadan break the fast?

Simply extracting a tooth during the day in Ramadan does not break the fast. However, if water or blood enters the body cavity, the fast becomes invalid.
Whoever's fast is invalidated in this way must refrain from eating and drinking for the rest of the day out of respect for the sacred month and make up for that day later.
It is preferable to postpone the extraction until nighttime or after Ramadan if possible.

Is it permissible to offer an Udhiyah on behalf of another without their permission?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is not permissible for a person to offer a sacrifice (Udhiyah) on behalf of someone else without their permission, except in the following cases: if he sacrifices on behalf of the members of his household, if a guardian sacrifices from his own wealth on behalf of his ward, or if the Imam (ruler) sacrifices from the public treasury (Bayt al-Mal) on behalf of the Muslims. And Allah the Almighty knows best.

What is required of one who doubts the number of rakʿāt during prayer?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If a person doubts the number of rakʿāt he has prayed, he should build upon the lesser number, as that is what he is certain of. He should then perform the prostration of forgetfulness (sujūd al-sahw) before the final salām at the end of the prayer. ʿAṭāʾ ibn Yasār narrated that the Messenger of Allah ﷺ said: "When any one of you is in doubt during his prayer and does not know whether he has prayed three rakʿāt or four, let him pray one more rakʿah and then perform two prostrations while seated before the salām. If the rakʿah he prayed was a fifth, these two prostrations will make it even; and if it was the fourth, then the two prostrations serve as a humiliation for the devil." (Reported by Abū Dāwūd.)
It is stated in al-Muqaddimah al-Ḥaḍramiyyah — one of the foundational texts of the Shāfiʿī school: "If one doubts whether he has prayed three rakʿāt or four, he is obliged to build upon the lesser number."
However, if such doubt recurs repeatedly and reaches the level of obsessive whispering (waswasah), he should not build upon the lesser number in that case — rather, he should build upon the greater number. And Allah the Almighty knows best.

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