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

What is the ruling on Friday Ghusl (ritual bath)?

Friday Ghusl is a confirmed Sunna (Prophetic tradition) even if a person wasn`t in a state of Janbah (ritual impurity), or physically unclean. However, one who doesn`t make Ghusl on Friday isn`t sinful for the Prophet (PBUH) said: "It is good for a Muslim to make ablution for Friday prayer, but it is better to make Ghusul. [At-Tirmithi & Abu Dawood].

Is it permissible for a woman to leave her house wearing brightly colored clothing?

Brightly colored clothing is of woman's adornments, however; and this shouldn't be revealed save to her husband and Mahrams. And Allah Knows Best.

If husband doesn`t pray, but wife does, is their marriage contract considered valid or not?

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.
Not observing daily prayers is a grave sin, but doesn`t invalidate a person`s marriage contract. However, we advise you to save your husband from hellfire by convincing him to observe the prescribed prayers. And Allah The Almighty Knows Best.

Is it permissible to offer Salah (prayer) on behalf of the sick who is on his/her death bed, and is incapable of offering it?

It`s impermissible to offer Salah on behalf of the sick, or the dead.