Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(179): "Ruling on Giving up Fast by Sportsmen"

Date Added : 17-11-2015

Resolution No.(179)(11/2012) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Giving up Fast by Sportsmen"

Date: 28/8/1433 AH, corresponding to 18/7/2012 AD.

 

All perfect 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.

On the above date, the Board reviewed the following question:

Is it permissible for sportsmen to give up fasting in order to take part in competitions?

After researching and deliberating, the Board decided what follows:

It is not permissible for sportsmen to give up fasting in order to take part in competitions because  it isn’t one of the Sharia-approved excuses. Allah Has Said (what means): "Ramadhan is the (month) in which was sent down the Qur’an, as a guide to mankind, also clear (Signs) for guidance and judgment (Between right and wrong). So every one of you who is present (at his home) during that month should spend it in fasting." {Al-Baqarah/185}. Since fasting is one of the five pillars of Islam, it is obligatory for everyone who is competent for religious assignments and has the ability to carry them out. Therefore, such people have to reorganize their priorities to be able to observe the obligatory fast.

It is impermissible to give priority to sport events over a pillar of Islam; particularly since it is possible to hold competitions in Muslim countries  after Maghrib time, or to arrive at a certain arrangement with the sport officials of the non-Muslim countries in order to make it possible for the Muslim competitors to observe obligatory fast.

If the competitor has experienced unusual hardship because he had to take part in that competition, then he is allowed to break his fast. However, that doesn`t exempt him from making the intention to fast and to actually observe the fast of each day of Ramadan from its beginning. If he experiences unusual hardship, then he is allowed to break his fast, but he should make up the missed days later.

However, if the sportsman was travelling for a long distance-more than (81km.) - then he is allowed to break his fast during the time of his travel, although it is better for him not to break his fast, since Allah, The Almighty, Says (What means): "For those who can do it (With hardship), is a ransom, the feeding of one that is indigent. But he that will give more, of his own free will,- it is better for him. And it is better for you that ye fast, if ye only knew." {Al-Baqarah/184}. If he broke his fast, then he is obliged to make it up later, as indicated by the following verse: "(Fasting) for a fixed number of days; but if any of you is ill, or on a journey, the prescribed number (Should be made up) from days later." {Al-Baqarah/184}. And Allah Knows Best.

 

Chairman of the General Iftaa` Board, His grace the Mufti General of the Hashemite Kingdom of Jordan, Sheikh Abdulkareem Al-Khasawneh

Sheikh Sa`ied Hijjawi/ Member

Prof. Abdulsalam Al-Abbadi/ Member

Prof. Mohammad Al-Khwdah/Member

Prof. Abdul N`nassir Abu-Al-bas`sal/Member

Dr.Yahia Al-Boutoosh/Member

Dr. Wasif Al-Bakhri/ Member

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Az`zoubi/ Member

 

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Summarized Fatawaa

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

If someone delays making up fasts for a year, can they give fidyah before performing qada?

Yes, it is permissible to give fidyah before making up the missed fasts (qada), because each is an independent obligation, and there is no required order between them. 

How to pay Zakah (obligatory charity) due on articles of merchandise?

Articles of merchandise are estimated by their whole sale market price at the end of each lunar year, and (2.5%) of their value is paid as Zakah whether it (value) went up, or down compared to actual purchasing price, and whether the increase (profit) was in the article itself such as an increase in the animal`s weight, or in the prices themselves. And Allah Knows Best.

What is the ruling on a young man and a young woman having a love relation for the purpose of getting married?

It is forbidden for a man and a woman to have any kind of relation whether for marriage, or not because it leads to committing sin. Such relations include: private meetings, mixing, gazing, and seclusion (Khulwa). Accordingly, one who is sincere in his intentions should go to the woman`s guardian and ask for her hand in marriage.