Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

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

What is the ruling on paying a sum of money to Saudi citizen in return of having Saudi residence? It is worth noting that this transation is labelled as a "worker's visa" but I am not going to work as such only to facilitate having it?

Allah The Almighty Says (What means): "O you who have believed, fear Allah and be with the truthful" [At-Tawbah/119]. False statements contradict truthfulness, and it is not permissible to write them. A Muslim has the right to live in any Islamic country, and those who prevent him will be accountable before Allah about their action and the justification for the prohibition. And Allah Knows Best.

I have vowed that if Allah gave me what I wanted so bad, I would fast every Monday and Thursday to the rest of my life; unless there is a valid excuse hindering me from doing so. Fortunately, Allah gave me what I wanted, so I started fasting Mondays and Thursdays; however, I stopped out of laziness. What is the Sharia ruling on this?

All perfect praise be to Allah the Lord of the Worlds. May Allah`s peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
Allah The Almighty described the righteous people of Jannah where He Said (What means): "They perform (their) vows, and they fear a Day whose evil flies far and wide." [Al-Insan/7]. Accordingly, you must do your best to fulfill your vow. However, if you are unable to do so, then feed a poor person for every missed day of fast (About half a JD), and if you are unable to do that, then offer expiation for breaking a vow, which is feeding ten poor Muslims (About half a JD for each), ask Allah for forgiveness and increase remembrance of Him. And Allah The Almighty Knows Best.
 

Is it permissible for my brother, whom I had suckled, to conclude a marriage contract between his daughter and my son?

Such marriage is impermissible since one`s nephew in this situation is considered an uncle to one`s daughter; consequently, he is the brother of her father by suckling. In such cases, the people in question should go to court to prove the suckling.

I have asked a marriage official to conclude my marriage since I have no proxy and, being an adult, I can act as the proxy of myself, but he refused. What should I do?

All perfect praise be to Allah the Lord of the Worlds. May Allah`s peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
In order for a marriage to be valid there must be a Wali (Guardian) for the woman: father, brother, paternal uncle or any paternal relative. If there isn`t any, then the judge can act as the woman`s guardian and conclude the marriage contract. And Allah The Almighty Knows Best.