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Resolutions of Iftaa' Board

Resolution No.(3): “Ruling on Resorting to Arbitration to Settle Disputes between People”

Date Added : 02-11-2015

 

Resolution No.(3): "Ruling on Resorting to Arbitration to among Disputants” 

 

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 is of the view that arbitration is permissible in Sharia as has been indicated by the Noble Quran, the Sunnah (Prophetic tradition), and the practices of the Sahabah (companions).

The Noble Quran:

As regards disputing spouses, Allah Says (What means): “If ye fear a breach between them twain, appoint (two) arbiters, one from his family, and the other from hers; if they wish for peace, God will cause their reconciliation: For God hath full knowledge, and is acquainted with all things.“ {An-Nissa`/35}.

The Sound Sunnah:

Abu Shoraih reported that the Prophet (PBUH) said to him: “Allah is the Hakam (arbiter), why do people call you Abu al-Hakam? He said: Whenever my people have a dispute over any matter, they would call me to settle that dispute, and both parties would be pleased with my verdict. The Prophet said: well done. What is the name of your oldest son? He said: Shoraih. The Prophet said: Then you are Abu Shoraih!! “ {An-Nassa`e}. This Hadith indicates that the Prophet (PBUH) commended and permitted arbitration when he approved Abu Shoraih`s act by saying to him {Well done}.

Moreover, it was reported that the Prophet (PBUH) said: “Whoever arbitrates between two persons who come to him willingly, but passes an unjust verdict is cursed. “

The Righteous Companions (May Allah Be Pleased with all of them) used to observe arbitration among one another in case of a dispute, as narrated that Umar bin al-Khatab (May Allah Be Pleased with him) sent a nomad to Shoraih for arbitration before appointing the latter as a judge.

Furthermore, it was narrated that Uthman Bin Affan and Talhah sought the arbitration of Jobair Bin Mote`im who wasn`t a judge yet, and they were pleased with his judgment, and this matter occurred before the honorable companions.

An arbiter must adhere to legal principles and procedures in the following: hearings, proceedings, and issuance of verdict, in order to observe justice. He must allow every litigant to plead his case and present arguments and pieces of evidence. He must start by listening to the plaintiff and consider his pieces of evidence, then listen to the defendant. He must also listen to witnesses in case there was a need for doing so. All of this must be conducted in the arbitration council. An arbiter mustn`t  be biased because arbitration is a form of the judiciary, so he must resort to neutrality, and he may not pass a verdict without a sound reason such as a confession, or evidence, or else. He must also consider the minutest details of the case and observe justice when issuing the verdict. And Allah Knows Best.

The Board of Iftaa'

 

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Summarized Fatawaa

Is it recommended (mustaḥabb) for the one offering  a voluntary sacrifice (uḍḥiyyat taṭawwuʿ) to eat from its meat?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
It is recommended (mustaḥabb) — not obligatory — for the one offering a voluntary sacrifice (uḍḥiyyat taṭawwuʿ) to eat from it. Allah Almighty says {what means}: "So eat from them and feed the desperate (qāniʿ) and the beggar (muʿtarr). Thus We have subjected them to you that you may be grateful."— [Sūrat al-Ḥajj (22): 36]
 
Explanation of terms:
 
Al-Qāniʿ — the poor person who does not ask people for money, food..eccetera.(beg)
 
Al-Muʿtarr — the poor person who does ask people for money, food..eccetera (begs)
 
And Allah Almighty knows best.

What is the virtue of Laylat al-Qadr?

It is enough to know its great status that Allah revealed an entire surah about it—Surah Al-Qadr. Moreover, the Quran was first revealed on this night.
Allah says {what means}:
"We have indeed revealed this (Message) in the Night of Power: And what will explain to thee what the night of power is? The Night of Power is better than a thousand months. Therein come down the angels and the Spirit by Allah's permission, on every errand: Peace!... This until the rise of morn!" [Al-Qadr/1-5]
The Prophet ﷺ taught us to observe I‘tikaf in the last ten nights of Ramadan, seeking Laylat al-Qadr. Whoever worships Allah and revives this night will receive the reward of worshiping for a thousand months—excluding Laylat al-Qadr itself.

Does an internal medical examination for a woman affect her fast?

An internal medical examination for a woman invalidates the fast because it involves the entry of a foreign object into the body cavity (jauf) while fasting.
In this case, the woman must refrain from eating and drinking for the rest of the day out of respect for Ramadan and make up for the missed fast after Ramadan.
Such an examination should be avoided in Ramadan and other months unless absolutely necessary, as exposing the private parts is only permissible in cases of necessity.
If necessary, a woman should seek a Muslim female doctor first. If one is unavailable, she may see a female doctor from the People of the Book (Jews and Christians). If neither is available, she may consult a trustworthy and competent Muslim male doctor.

Is it valid for the 'aqīqah to be performed using the newborn child's own wealth?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible for the guardian to perform the 'aqīqah using the newborn child's own wealth, because the 'aqīqah is a voluntary act of giving (tabarru'), and a guardian is prohibited from making voluntary expenditures from the child's wealth. Should he do so, he becomes financially liable for what he spent. And Allah Almighty knows best.

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