Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(64): "Ruling on a Veiled Woman Uncovering her Face"

Date Added : 29-11-2015

 

Resolution No.(64): "Ruling on a Veiled Woman Uncovering her Face"

Date: 8/4/1424 AH, corresponding to 9/6/2003

 

The Board received the following question:

What is the ruling on uncovering woman's face for voters identifications causes minutes before voting takes place at polling stations?

Answer: All success is due to Allah

The Board is of the view that the permissibility of a woman uncovering her face, in general, is a controversial issue amongst the Jurists. The majority of them see that it is permissible for a woman to uncover her face because it isn`t an Awrah (private parts); whereas, some of them see that it is forbidden. Nevertheless, there is a consensus amongst the Jurists that it is permissible for the woman to uncover her face for litigation or delivering a testimony, and she isn`t considered sinful when required to do that for similar purposes.

Since casting her vote is tantamount to giving a testimony, a veiled woman is permitted to uncover her face, while not wearing make-up, for identity check at poll stations and she isn`t considered sinful at all. However, it is better that a female is assigned for checking the identity of veiled women during elections, and as much as possible.

And Allah, The Almighty Knows Best.

 

Chairperson of the Iftaa` Board, Chief Justice, Izz Aldeen Attamimi

  Dr. Wasif Al-Bakhri

Dr. Ahmad Hilayel

            Dr. Abdulsalam Al-Abbadi

  Dr. Yousef Ghizaan

     Sheikhb Sa`id Hijjawi

        Sheikh Na`iem Mujahid

             Sheikh Mahmood Shwayat

            Dr. Mohammad Abu Yahia

 

Note: His Grace, Dr. Nooh Al-Qhodat said: "It is permissible for a woman to cast her vote, and that covering her face before people other than her husband and Mahrams (unmarriageable male relatives) is obligatory according to some Jurists. Therefore, a woman who sees that covering her face before non-Mahrams (Marriageable men) obligatory, she mustn`t uncover it for the purpose of casting her vote."

 

 

 

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Summarized Fatawaa

Is it permissible to offer prayer at home, or should it be offered in the mosque?

All perfect praise be to Allah, The Lord of The Worlds.                                                                                                                                                                      It isn`t preferable for the man to pray at home as praying in the mosque is twenty seven times more rewarding. Therefore, this should motivate him to offer prayers in the mosque. And Allah Knows Best.

When is it Sunnah to slaughter the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah for the 'aqīqah to be slaughtered on the seventh day from the birth of the newborn. According to the sounder position, the day of birth itself is counted as the first of the seven days. Thus, for example, if the child is born on a Saturday, the 'aqīqah is to be slaughtered on the following Friday. If the child is born at night, the count begins from the day that follows. And Allah Almighty knows best.

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.

How is the niṣāb (minimum threshold) of gold calculated when one owns gold of multiple different karats?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh is obligatory on cash and on gold designated for saving or for trade, provided the total reaches the niṣāb (minimum threshold liable for Zakah), and a full ḥawl (lunar year) has elapsed over it. The niṣāb is (85) grams of 24-karat gold; for 21-karat gold, the niṣāb equals (97) grams; and for 18-karat gold, it equals (113) grams.
If one owns gold of multiple different karats, the person paying zakāh should calculate the monetary value of all the gold he owns, combining these values together to determine whether the total reaches the niṣāb. He then pays zakāh on this combined monetary value, once the total reaches the niṣāb. The relied-upon position is to calculate the zakāh based on the buying price [i.e., the price the gold merchant would pay the owner to purchase the gold from him] on the day the zakāh obligation is due. And Allah, the Exalted, knows best.