Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Date Added : 21-04-2016

 

Resolution No.(222) By the Board of Iftaa, Research and Islamic Studies:

"The Ruling on the Sums Wrongly Transferred by (S.S.C) to the Deceased's Account" 

Date: 29/Jumada2/1437 AH, corresponding to 7/4/2016 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.

The Board reviewed the letter of the General Director of The Social Security Corporation (S.S.C), on the above date, which reads as follows:

Could your Grace clarify the ruling of Sharia as regards a bank declining from giving back the amounts transferred by the Corporation to the account of one of its beneficiaries after his death because it wasn`t notified about that, and how to divide those amounts among his heirs? It should be noted that the law stipulates ceasing the transfer of a person`s salary from the date of their death, and the Corporation should divide it among his heirs-if there were any - and in retroactive effect from that same date. Is it permissible for the bank to keep those salaries under the pretext that the heirs are entitled to them, or is it permissible for it to deduce the debts, due on the deceased, from those salaries, which aren`t considered the right of the deceased in the first place?

Having deliberated the above question, the Board decided the following: 

The Social Security System is among the public interests drawn up by contemporary laws in order to achieve security and stability for the working class of the Muslim community. Those benefits go under the umbrella of socio-cooperative insurance where contributions are made by the employee, the state and the Corporation. When the he/she becomes eligible to receive the benefits, they are granted to him/her as a donation.

The Corporation has the right to claim back the amounts that it has transferred to the beneficiary after his death because he isn`t entitled to receive them. Juristic principles have established the following: "A clearly wrong conjecture doesn`t count", and the eligibility to receive the above benefits is tied with the beneficiary being alive, if he/she isn`t, they become the right of the Corporation, to be given by it to the eligible recipients , as stipulated by the regulations observed in such situation.

In conclusion, the Corporation has the right to claim the amounts that it had transferred to the beneficiary`s account by mistake in order to dispose of them in line with the regulations of the Social Security. And Allah Knows Best.

 

Chairman of  the Iftaa` Board,

 Abdulkareem Khasawneh/Member

Vice chairman of the Iftaa` Board, Prof. Ahmad Hilayel/Member

Dr. Hayel Abduhafeez/Member

Prof. Abdulnaser Abulbasal/Member

Sheikh Saeid Hijjawi/Member

Dr. Yahia Albotoosh/Member

Prof. Abdullah Alfawaz/Member

Judge Khalid Woraikat

Dr. Mohammad Khair Al-Esa

Dr. Mohammad Alzou`bi

Dr. Mohammad Alkhalayeleh/Member 

 

 

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Summarized Fatawaa

What is considered a woman`s Awrah (parts of the body that must be concealed during prayer) while offering prayer, and is her foot part of it?

A woman`s whole body is considered an Awrah while offering prayer except the hands and the face. Thus, her foot is an Awrah as well. And Allah Knows Best.

Is it permissible to offer mandatory prayer while sitting?

All perfect praise be to Allah, The Lord of The Worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.                                                                                                                                                                                                                            Standing up is a pillar in the mandatory prayer and the prayer is not valid without it unless one cannot do it. As for Nafila (supererogatory prayer), one can perform it in the state of sitting even if he/she can stand, but his/her reward is half the reward of the person who prays while standing if he/sh has no legal excuse for such an act. And Allah Knows Best.

Is it permissible for a girl to wear colored contact lenses?

All Perfect Praise is due to Allah, The Lord of The Worlds.

Wearing colored contact lenses for medical treatment is permissible, and wearing them as an adornment is also permissible, provided that she isn`t seen while having them on by non-Mahrams. And Alalh Knows Best.

What is the ruling on working for a company that manufactures cigarettes?

All Perfect Praise is due to Allah, The Lord of The Worlds

Working for a company that manufactures cigarettes is forbidden because smoking itself is forbidden, so its production, selling and circulation are forbidden as a result since they aid in committing sin, and whoever aids in that is like the sinner himself. And Allah Knows Best.