Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(234): "Deducting a Percentage from the Orphans` Allowance to Cover Healthcare Expenses"

Date Added : 20-03-2017

Resolution No.(234)(2/2017) by the Board of Iftaa`, Research and Islamic Studies:

"Deducting a Percentage from the Orphans` Allowance to Cover Healthcare Expenses"

Date: (7/Jumada Al-Akhira/1438), corresponding to (6/3/2017)

During the second session held on the above date, the Board reviewed the question sent from the Secretary-General of the Islamic Charity Center Society, Mr. Al-Mohaisin and it reads as follows: 
The Islamic Charity Center Society deducts (5%) from the monthly allowance of the orphans and the poor families under its guardianship to cover the health services delivered to them by one of its medical centers. Is this permissible? 
Answer: 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.
After deliberating the above question, the Board decided the following:
If donors have been acquainted with the (ICCS) "Guardianship system" and approved of its terms and conditions; particularly the deduction of the afore percentage then it is permissible for the (ICCS) to do so since the approval of the donor is tantamount to the permission stipulated by Sharia as far as the actions of the authorized (ICCS) are concerned. Moreover, since the above percentage is spent in what is beneficial to the above people, this means that the donations serve the purpose for which they were given in the first place. And Allah Knows Best.


Grand Mufti of Jordan/Dr. Mohammad Al-Khalayleh
Vice-Chairman of Iftaa` Board/Sheikh Abdulkareem Khasawneh
Prof. Abdullah Al-Fawaaz/Member
Sheikh Sa`eid Hijjawee/Member
Dr. Mohammad Khair Al-Esa/Member
Judge Khaled Wuraikat/Member
Dr. Mohammad al-Zou`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].

What is the ruling on using a patch to suppress hunger or a nicotine patch while fasting?

Fasting is a great act of worship and one of the pillars of Islam. If people knew the immense reward of Ramadan, they would wish for the whole year to be Ramadan.
Whoever eats Suhoor and breaks their fast according to the Sunnah will not experience extreme hardship, making such patches unnecessary.
However, using these patches does not break the fast because they are not a source of nourishment and do not enter the body cavity (jauf) through an open passage.

What is the ruling on swallowing saliva while fasting?

It is permissible for a fasting person to swallow their saliva because avoiding it would cause undue hardship and excessive strictness in religion. Islam discourages such excessiveness since Allah the Almighty intends ease for His followers and does not intend to put them in hardship.

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.