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

What is Tarawih prayer?

Tarawih prayer is the night prayer (Qiyam) performed during the month of Ramadan. It is called "Tarawih" because Muslims used to prolong the standing (qiyam) in it and take brief rests after every four rak‘ahs.

What is the ruling on performing Tahajjud after the Witr?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for one who has prayed the Witr to perform voluntary (Nafl) prayers after it. However, it is preferable for the Witr to be the final prayer of the night. Therefore, if a person is confident that they will wake up during the night for Tahajjud, it is recommended for them to delay the Witr until after the Tahajjud. Conversely, if one fears they may not wake up, they should perform the Witr before sleeping.
 
Al-Khatib al-Shirbini (may Allah have mercy on him) stated: 'It is not disliked (Makruh) to perform Tahajjud after the Witr, but it is not recommended to do so intentionally.' [Mughni al-Muhtaj, Vol. 1/P.454]. And Allah the Exalted knows best."

 

 

What is the ruling on making up missed prayers during prohibited times?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to make up (qada’) missed prayers at any time, even during the periods when prayer is generally prohibited. The prayers that are forbidden and considered invalid during these times are 'absolute voluntary prayers' (nafl mutlaq)—which have no specific cause—and voluntary prayers whose cause follows the prayer itself, such as the Sunnah of entering Ihram or the Sunnah of the Istikharah prayer. Furthermore, no prayer is considered disliked (makruh) during these prohibited times when performed within the Meccan Sanctuary (Makkah al-Mukarramah).
 
It is stated in Bushra al-Karim (Vol.1/P.181), one of the Shafi’i texts: 'It is not forbidden to perform prayers that have a cause that is not delayed (i.e., the cause is preceding), such as making up a missed prayer (fa’itah)—even if it was a voluntary one—and the funeral prayer (janazah); or a cause that is simultaneous, such as the prayer for rain (istisqa’) or the eclipse prayer (kusuf)... and the Sunnah of wudu, the greeting of the mosque (tahiyyat al-masjid), the Sunnah of circumambulation (tawaf), the Sunnah of arrival, and the prostrations of recitation (tilawah) or thankfulness (shukr). These mentioned prayers and their like are not forbidden provided that one does not specifically intend (ta'ammud) to perform them during the disliked time because it is a disliked time. If one does so intentionally, it becomes forbidden, even if it is a mandatory makeup prayer that is due immediately; because in that case, one is acting in defiance of the Sharia. This is in contrast to when one does not specifically seek out that time, even if the prayer happens to fall within it, or if one seeks it for another purpose—such as delaying a funeral prayer to that time so that a larger number of people may pray over the deceased; in such cases, it is permissible and valid... And it is forbidden to perform prayers with no cause at all, like absolute nafl, or those with a delayed cause, such as the Istikharah prayer, the prayer for Ihram, the prayer for a need (hajah), the prayer before leaving the house, or the prayer before execution; because their causes occur after the prayer itself.' And Allah the Exalted knows best."

What is the ruling on one who performs ablution or the ritual bath while having nail polish?

Nail polish must be removed before ablution or ritual bath so that water reaches what is beneath it, because it is a barrier that prevents water from reaching that area. This is based on the hadith narrated by Ali (may Allah be pleased with him) from the Prophet (peace be upon him): "Whoever leaves a hair's breadth of his body unwashed from major impurity, such and such will be done to him in the Fire." (Reported by al-Bukhari). And Allah the Almighty knows best.