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Resolutions of Iftaa' Board

Resolution No.(228): "Ruling on Distributing Donations that haven`t Reached their Destination"

Date Added : 28-11-2016

Resolution No.(228)(12/2016) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Distributing Donations that haven`t Reached their  Destination"

Date: (8/Thulghidah/1437 AH), corresponding to (11/8/2016 AD).

 

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

During its tenth session held on the above date, the Board reviewed the question of the Secretary-General of the Vocational Syndicates Complex , and it reads as follows:

Out of solidarity with the people of Gaza in the aftermath of the latest Israeli aggression against them, the Vocational Syndicates have launched fundraising campaign in their favor. As a result, many  projects have been executed in cooperation with the Jordan Hashemite Charity Organization (JHCO) such as: caravan houses, clothes for children, stationery, medical supplies, and the like. The latest of these projects was purchasing winter clothes for the children with a sum of (100,000)JDs. from the donations dedicated to the strip. In fact, these were sent in lorries after coordinating with the (JHCO); however, the Israeli authorities allowed a third into the strip and returned the rest. This is what we have been told by the (JHCO) who also told us that resending this shipment is impossible because the Israeli occupation could ban delivering any type of aid in the future. Moreover, it is also hard to keep these items at the warehouse of the (JHCO) for long; therefore, could you tell us the ruling of Sharia on redistributing these items amongst the poor and needy in the Hashemite Kingdom of Jordan?

After deliberating, the Board decided the following:

There is no harm that the (JHCO) distributes these items amongst the poor and needy in Jordan since donations and charities should be spent in the channel for which they have been raised in the first place. If that wasn`t possible, then they should be spent in a similar channel, for Allah, The Almighty, Says (What means): "Allah tasketh not a soul beyond its scope." {Al-Baqarah/286} and " for God suffereth not the reward to be lost of those who do good;" {At-Tawbah/120}. In addition, the Prophet (PBUH) said: "You will be rewarded for what you intended" {Musnad Ahmad}. And Allah Knows Best.

 

Chairman of the Iftaa` Board, Sheikh Abdulkareem Khasawneh

Vice Chairman of the Iftaa` Board, Prof. Ahmad Helayel/Member

Prof. Abdulrazak Abulbasal/ Member

Prof. Abdullah Al-Fawaz/ Member

Dr. Yahia Al-Botoosh/ Member

Sheikh Sa`id Hijjawi/ Member

Dr. Mohammad Khair Al-Esa/ Member

Judge, Khalid Woraykat/ Member

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Zou`bi/ Member

 

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Summarized Fatawaa

If someone starts the day sick or traveling while fasting, is it permissible for them to break their fast?

● A sick person who finds fasting difficult is allowed to break their fast, whether they began the day fasting or not.
● As for a traveler:
○ If they were still at home at dawn and then traveled after Fajr (dawn), they must continue fasting unless they experience extreme hardship, in which case they may break their fast.
○ However, if they were already traveling when dawn broke—meaning they had left their town before Fajr—then they are permitted to break their fast. This is what the Prophetﷺ did during the year of the conquest (of Makkah).

Does excessive sleep during Ramadan invalidate fasting?

Sleeping a lot in Ramadan does not invalidate the fast, but a Muslim may miss out on great rewards from prayer, Quran recitation, and acts of worship due to excessive sleep.

What is the ruling on praying while wearing shoes?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.

There is no sin for a Muslim to perform prayer while wearing their sandals or shoes, provided they are free from any impurities (najasa). It was narrated that Anas bin Malik (may Allah be pleased with him) was asked: 'Did the Prophet ﷺ pray in his sandals?' He replied: 'Yes.'" (Related by Al-Bukhari).

It is stated in Fath al-Bari (Vol.1/P.494) by Ibn Hajar (may Allah have mercy on him): "Regarding the phrase 'praying in his sandals,' Ibn Battal said: 'This is understood to apply as long as there is no impurity on them; furthermore, this is considered one of the legal concessions (rukhas)." And Allah the 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.

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