Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(293): ’’Ruling on Knowing about being Infected with COVID-19 and being a Cause of Transmitting it to others’’

Date Added : 04-11-2020

Resolution No. (293)(13/2020) By the Board of Iftaa’, Research and Islamic Studies:

’’Ruling on Knowing about being Infected with COVID-19 as well a Cause of Transmitting It to Others’’

Date (16/Rabea’ Al-Aowal, 1442 AH) corresponding to (2/11/2020 AD)

 

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.

 

On its twelfth session held on Monday 16/ Rabea’ Al-Aowal/1442 AH, corresponding to 2/11/2020AD, the Board of Iftaa’, Research and Islamic Studies Reviewed the ruling on a person who knows that he is infected with COVID-19 and a cause of transmitting it to others. After deliberations, the Board decided the following:

Allah, The Exalted Said (What means): ’’My Lord! Make this a region of security and bestow upon its people fruits’’ [Al-Baqara/126].

Whosoever infected with COVID-19 or might be is not permitted to mix with other people in order not to be a reason of transmitting the infection to them or being a cause of harm, damaging the security of the country economically and healthily and finally leading to a state of recession to the country itself and the population as well.

In this regard, the Prophet (PBUH) ordered us to be in quarantine at the occurrence of plague which is an infectious disease, where he said (What means): ’’If you hear that it (plague) has broken out in a land, do not go to it; but if it breaks out in a land where you are present, do not go out escaping from it." [Agreed upon]. Besides, according to scholars, the forbid in the above narration is of the same level of prohibition .i.e. the prohibition of going out a country if the plague breaks out in it and the prohibition of fleeing away from a country in which the plague has broken out in it. Besides, when Al-Imam As-Shihab Ar-Ramli was asked about that and replied: ’’Fleeing away from a country in which the plague breaks out in it and going to a country in which the plague has broken out in it is impermissible.’’.

Accordingly, the same procedures apply on every infectious disease such as COVID-19; thus, the infected person is not permitted to mix with others especially their gatherings such as markets, clubs, places of worship and social occasions, and the one who do otherwise is considered sinful because he will inflict harm upon them, for the Prophet (PBUH) said (What means): ”There should be neither harming nor reciprocating harm." It was stated in [Al-Moataa’], which related by Al-Imam Malik as well as In Sahih Al-Buhkary & Moslim, that the Prophet (PBUH) ordered the person who ate from anything with a bad odor such as garlic and onion to avoid obligatory congregational prayer in the Mosque and to stay away from it, and ordered him to pray at Al-Baqee’ (The main graveyard for Al-Madina people) as narrated in Sahih Moslim, so how will be the case with an infectious deadly disease! Allah, The Exalted Said (What means): ’’whosoever killeth a human being for other than manslaughter or corruption in the earth, it shall be as if he had killed all mankind, and whoso saveth the life of one, it shall be as if he had saved the life of all mankind.’’ [Al-Maidah/32].

Therefore, the infected person must abide by quarantine and all precautionary procedures issued by specialists, as well all people should abide by wearing face mask, maintain safe social distancing, using sterilizations in addition to other safety procedures and the one who doesn't abide by those procedures is considered sinful according to the ruling of Sharia and is one of those, who strive with might and main for mischief through the land, since Allah, The Exalted Said (What means): ”And Allah loveth not mischief.” [Al-Baqarah/205]. Thus, whoever doesn’t abide by the aforementioned procedures has earned punishment in this life and the Hereafter because he violated what been enjoined by Allah, The Exalted, His messenger (PBUH) and accordingly, the ruler who banned the infected person to mix with others, imposed curfew to ward off harm upon people and to achieve their benefit at the same time, because he acts in accordance to the good of all citizens and the punishment in the worldly life regarding violations during this pandemic is determined by him based on Sharia’s maxims. We ask Allah The Almighty to Ward off all kinds diseases and pandemics. And Allah Knows Best  

 

 

Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Abdulkareem al-Khasawneh

Dr. Muhammad Al-Khlaylah, Member 

Dr. Mahmoud al-Sartawi, Member

Sheikh Sa`eid Al-Hijjawi, Member

Dr. Majed al-Darawsheh, Member

Dr. Ahmad al-Hasanat, Member

Judge Khalid Woraikat, Member

Prof. Adam Nooh Al-Qhodaat/Member

Dr. Amjad Rasheed/Member

Dr. Jamil Khatatbeh/Member

Dr. Mohammad Younis Al-Zou`bi/ Member

 

 

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Summarized Fatawaa

What is the ruling on discharging one's zakāh obligation through the provision of a specific benefit (manfa‘ah) — such as performing a surgical operation for a patient, or providing housing to a tenant, and counting the value of this service as zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is obligatory to pay zakāh from the actual asset (‘ayn al-māl) upon which zakāh is due, except in the case of zakāh on trade goods ('urūḍ at-tijārah), which is paid based on their monetary value. In all cases, zakāh must be given in the form of tamlīk (a full transfer of ownership), based on the words of Allah, the Mighty and Majestic (which mean): "Zakāh expenditures are only for the poor and for the needy, and for those employed to collect [zakāh], and for bringing hearts together [for Islam], and for freeing captives [or slaves], and for those in debt, and for the cause of Allah, and for the [stranded] traveler — an obligation [imposed] by Allah. And Allah is Knowing and Wise" [at-Tawbah/60]. The letter "lām" (لِ) in this verse — as in "lil-fuqarā'" ("for the poor") — indicates possession/ownership (lām al-milk).
It is not permissible to fulfill one's zakāh obligation by providing a benefit or service (manfa‘ah) — such as housing, education, or medical treatment — in place of the zakāh itself. This is because zakāh must be paid as wealth (māl) that is transferred into the ownership of the poor recipient, whereas such services are intangible benefits that are not, in themselves, capable of being formally transferred in ownership (ghayr qābilah lit-tamlīk). And Allah, the Exalted, knows best.

What is the Islamic ruling on breaking the bones of the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah not to break the bones of the 'aqīqah. Rather, each bone should be separated at its joint — as a good omen and expression of hope for the soundness and wholeness of the newborn's limbs. However, if one does break the bones, it is not considered disliked (makrūh) — it is simply regarded as contrary to what is preferable (khilāf al-awlā). And Allah Almighty knows best.

What is the ruling on offering the sacrifice (uḍḥiyah) using the wealth of a minor or a legally incompetent person (safīh)?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
It is not permissible for the guardian (walī) of an orphan or a legally incompetent person (safīh) to offer the sacrifice (uḍḥiyah) on behalf of the minor or the safīh using their wealth, because the guardian is charged with exercising caution over their wealth and is prohibited from giving any of it away voluntarily, and the udḥiyah is a voluntary act of charity (tabarru'). The guardian may, however, offer the sacrifice using his own personal wealth. And Allah, the Most High, knows best.

What is the ruling on a mother giving the Zakat of her wealth to her children?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for a mother to give her children from the Zakat if they are among those who are eligible for it—such as being poor (Fuqara), possessing no wealth, and not being sufficiently provided for by the maintenance (Nafaqah) of others. This is based on the statement of the Messenger of Allah ﷺ regarding Zaynab, the wife of 'Abdullah ibn Mas'ud (may Allah be pleased with them both): (Your husband and your children are the most deserving of those upon whom you spend in charity) [Narrated by Al-Bukhari].
 
It is stated in [Al-Hawi al-Kabir, Vol. 8/P.537]: 'As for the wife, it is permissible for her to pay her Zakat to her husband from all the designated shares... Our evidence is the generality of the saying of Allah the Almighty: "Zakat expenditures are only for the poor and for the needy", and the Hadith of Abu Hurairah that the Prophet ﷺ said to Zaynab, the wife of 'Abdullah ibn Mas'ud: (Your husband and your children are the most deserving of those upon whom you spend), and this is taken in its general sense.' And Allah the Exalted knows best.