Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Date Added : 03-04-2018

Resolution No.(252)(5/2018) by the Board of Iftaa`, Research and Islamic Studies:

"Mother Authorizing Hospital to Treat Child"

Date: 6/Jumada Al-Akhirah/1439 AH, corresponding to 22/2/2018.

 

 

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 third session held on the above date, the Board reviewed the question sent from Dr. Ali Mish`al and Dr. Mou`min Al-Hadidi, and it read as follows:

How legal is it for a mother to authorize hospital to treat her minors or mentally disabled children? Is that an exclusive right of the father and male blood relatives who can act on his behalf? Or is it permissible for the mother to make the authorization, knowing that, in some cases, she commits herself to covering the expenses?

 

After deliberating, the Board decided what follows:

 

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.

 

Islamic Law has given incompetent persons-the child, the mad and the like-the right to receive all types of care, such as that pertaining to health and medical treatment. It has made this the responsibility of the guardian, and gave the father the right to guardianship, at first, in order to put its requirements in order. However, no matter who the guardian may be, his/her actions should be in the best interest of those under his/her guardianship when it comes to their material rights, expenses and else. For example, the right to receive the best and most suitable medical care. Al-Imam Ar-Ramli (May Allah have mercy on his soul) said: "It is incumbent upon the guardian-father or else- to act in the best interest of those under his guardianship, because Allah, The Almighty, Said (What means): "And approach not the wealth of the orphan save with that which is better" {Al-An`am, 152}. He, The Exalted, also Said (What means): "And if ye mingle your affairs with theirs, then (they are) your brothers. Allah knoweth him who spoileth from him who improveth." {Al-Baqarah, 220}." {Moghni Al-Mohtajj}.

 

An example on this care is providing the child and other incompetent persons with medical treatment without delay so as to spare them any harm. Therefore, if it was difficult for the hospital to obtain an authorization from the father or the grandfather, then it is permissible to obtain it from the mother. This is based on the Sharia maxim {Which means}: "What we can`t do, doesn`t annul what we can do" In other words, since treating a patient is obligatory in all situations, so we don`t abstain from that because some guardians aren`t available; rather, some jurists have made all Muslims, in general, responsible for providing care to whoever doesn`t have a guardian. Therefore, it is imperative that the hospital acts in the best interest of the patients regardless of who the guardian may be, because every course of action that inflicts harm on the patient is prohibited. This is based on the Hadith in which the Messenger of Allah said: “There should be neither harming nor reciprocating harm.” {Ibn Majah}.

 

In its resolution No.(10/18), the International Islamic Fiqh Academy permitted initiating medical treatment without securing the patient`s or guardian`s consent in the following situation: "The patient is in critical condition that necessitates immediate medical attention to save his/her life before his or his guardian`s consent could be obtained." In this case, sufficing with the mother`s permission should take precedence.

 

However, in non-urgent cases, laws and regulations-which should be legislated with utmost care-should be observed so as for the medical interest of the "Minor" to be fulfilled. And Allah Knows Best.

 

Chairman of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem Al-Khasawneh, Member

Prof. Abdulnaser Abulbasal,  Member

Dr. Ahmad Al-Hasanat, Member

Dr. Mohammad Khair Al-Esa, Member

Dr. Majid Darawsheh, Member

Sheikh Sa`eid Al-Hijjawi, Member

Judge Khalid Woraikat, Member

Dr. Mohammad Al-Zou`bi/ Member

Dr. Wa`el Arabyat/ Member

Prof. Abdullah Al-Fawaaz/ Member

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Summarized Fatawaa

Is my husband entitled to take my salary?

Your salary is yours, and you may give some of it to him as a kind of free-will contribution.

I have a question regarding the deferred portion of the dowry (Mahr)*. Is the wife entitled to it only upon divorce or she can claim it even if divorce hasn`t taken place? Moreover, does she have the right to claim this portion after death of husband, even if he didn`t divorce her before that?

All perfect praise be to Allah the Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
In the marriage contract, it is recorded that the deferred portion of the dowry is due upon divorce or death, whatever comes first. If divorce took place first then the woman is entitled to it and if the husband died this amount must be paid from his estate. On the other hand, if the woman died then the husband becomes liable for this portion and it becomes part of the woman`s estate. We advise every husband to give this portion to his wife while alive because it is a right of hers. And Allah The Almighty Knows Best.
* In Islam, a Mahr is the obligation, in the form of money or possessions paid by the groom, to the bride at the time of Islamic marriage (payment also has circumstances on when and how to pay). While the mahr is often money, it can also be anything agreed upon by the bride such as jewelry, home goods, furniture, a dwelling or some land. Mahr is typically specified in the marriage contract signed upon marriage.

I wish to Pray at the Mosque, but I couldn't because I am a Woman. How can I get such a Reward?

 

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.

Abdullah Ibin Masood reported that the Prophet (PBUH) said: "Her prayer inside her home is better than its courtyard, and her prayer in her own bedroom is better than inside her home." [Abu Dawood]. Her staying at home, and not going to the mosque in obedience to Allah`s injunctions entails a great reward similar to that bestowed on a man for going to the mosque since the bounty of Allah is for all. And Allah Knows Best.

Is Zakah due on the orphan`s money?

Yes, Zakah is due on the money of the orphan.