Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(221): "The Prize Resulting from Transferring the Maid`s Salary is hers, not her Employer`s"

Date Added : 23-02-2016

Resolution No.(221) (3/2016) by the Board of Iftaa`, Research and Islamic Studies:

"The Prize Resulting from Transferring the Maid`s Salary is hers, not her Employer`s"

Date: 8/Jumada 1/ 1437, corresponding to 17/2/2016 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.

During its second session held on the above date, the Board reviewed a question that read as follows:

I transfer my maid`s salary, to her family, through an exchange office which holds a prize draw on such transfers. Do I have the right to collect the won prize or is it my maid`s, taking into consideration that I pay for the transfer fees?

After deliberating, the Board decided what follows:

The salaries of the above employer`s maid, which he transfers to her family, are a debt on him. Legal scholars define debt as "A rightful obligation due on a person", and this includes any confirmed obligation incurred by a loan, a sale/transaction, an Ijarah (hiring) or else.

The above salaries is a debt, on you, possessed by your maid, in return for her work at your house, and she is permitted to dispose of it as she likes, including appointing you as her proxy with that money. Legal scholars have permitted  authorizing  the person,  on whom one`s debt is due, to dispose of that debt the way they ask him to.

For instance; the proxy in this regard is permissible as stated by scholars; whereas Ashrbini stated: "If he/she authorized their employer to buy them an item in return for their debt, due on him, and he did, then that is permissible according  to the more famous of the two opinions that validate proxy purchase." [Al-Mughni, vol3/pp.236].

In conclusion, the above money is possessed by the maid, and her employer functions as her proxy in transferring it to her family abroad; therefore, the loss or profit incurred by that proxy contract is hers, so the prize is hers as well; because it has resulted from her authorizing him. And Allah Knows Best.

 

Chairman of the Iftaa` Board, The Grand Mufti of Jordan, Sheikh Abdulkareem Alkhasawneh

Vice Chairman of the Iftaa` Board, Prof. Ahmad Hilayel

Dr. Hayel Abdulhafeez/ Member

Prof. Abdulnnasir Abulbasal/ Member

Sheikh Sa`eid Hijjawi/ Member

Dr. Yahia Albotoosh/ Member

Dr. Mohammad Khair Alessa/ Member

Dr. Khalid Alworaikat/ Member

Prof. Abdullah AlFawaaz/ Member

Dr. Mohammad AlKhalayleh/ Member

Dr. Mohammad AlZou`bi/ Member

 

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Summarized Fatawaa

Is it permissible for a husband to stop his wife from visiting her family?

A husband shouldn`t stop his wife from visiting her family, and it is disliked for him to do so because such an act makes them harbor feelings of hatred against him.

What is the ruling on performing the obligatory prayer immediately after the commencement of the Adhan?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to perform the obligatory prayer (Fard) immediately after the commencement of the prayer time. As the Adhan (call to prayer) serves as a sign that the time has entered, it is permissible to pray as soon as the Adhan begins. However, it is recommended (Mustahabb) for whoever hears the Mu’adhin to repeat what he says. If the Adhan occurs while one is already engaged in prayer, he should repeat the words of the Mu’adhin after he has completed his prayer. And Allah the Exalted knows best.

Is it permissible for a mother to stop her daughter from marrying a respectable, God-fearing young man because he isn't college/university graduate?

It is impermissible to deny a woman her right in getting married except for a lawful reason, and problems can be solved through dialogue. However, she can file a suit in order for the judge to have a say in that regard.

What should a person do if they suffer from an incurable illness that prevents them from fasting?

A person who has an illness that is not expected to be cured and prevents them from fasting must feed a needy person one mudd (600 grams) of food (such as wheat or rice) for each missed day instead of fasting.
Allah Almighty says {what means}: "and [in such cases] it is incumbent upon those who can afford it to make sacrifice by feeding a needy person." [Al-Baqarah/184].