Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(3): “Ruling on Resorting to Arbitration to Settle Disputes between People”

Date Added : 02-11-2015

 

Resolution No.(3): "Ruling on Resorting to Arbitration to among Disputants” 

 

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 is of the view that arbitration is permissible in Sharia as has been indicated by the Noble Quran, the Sunnah (Prophetic tradition), and the practices of the Sahabah (companions).

The Noble Quran:

As regards disputing spouses, Allah Says (What means): “If ye fear a breach between them twain, appoint (two) arbiters, one from his family, and the other from hers; if they wish for peace, God will cause their reconciliation: For God hath full knowledge, and is acquainted with all things.“ {An-Nissa`/35}.

The Sound Sunnah:

Abu Shoraih reported that the Prophet (PBUH) said to him: “Allah is the Hakam (arbiter), why do people call you Abu al-Hakam? He said: Whenever my people have a dispute over any matter, they would call me to settle that dispute, and both parties would be pleased with my verdict. The Prophet said: well done. What is the name of your oldest son? He said: Shoraih. The Prophet said: Then you are Abu Shoraih!! “ {An-Nassa`e}. This Hadith indicates that the Prophet (PBUH) commended and permitted arbitration when he approved Abu Shoraih`s act by saying to him {Well done}.

Moreover, it was reported that the Prophet (PBUH) said: “Whoever arbitrates between two persons who come to him willingly, but passes an unjust verdict is cursed. “

The Righteous Companions (May Allah Be Pleased with all of them) used to observe arbitration among one another in case of a dispute, as narrated that Umar bin al-Khatab (May Allah Be Pleased with him) sent a nomad to Shoraih for arbitration before appointing the latter as a judge.

Furthermore, it was narrated that Uthman Bin Affan and Talhah sought the arbitration of Jobair Bin Mote`im who wasn`t a judge yet, and they were pleased with his judgment, and this matter occurred before the honorable companions.

An arbiter must adhere to legal principles and procedures in the following: hearings, proceedings, and issuance of verdict, in order to observe justice. He must allow every litigant to plead his case and present arguments and pieces of evidence. He must start by listening to the plaintiff and consider his pieces of evidence, then listen to the defendant. He must also listen to witnesses in case there was a need for doing so. All of this must be conducted in the arbitration council. An arbiter mustn`t  be biased because arbitration is a form of the judiciary, so he must resort to neutrality, and he may not pass a verdict without a sound reason such as a confession, or evidence, or else. He must also consider the minutest details of the case and observe justice when issuing the verdict. And Allah Knows Best.

The Board of Iftaa'

 

Decision Number [ Previous | Next ]


Summarized Fatawaa

What is the ruling on not offering prayer in a nearby mosque, and going to a distant one?

All perfect praise be to Allah the Lord of the Worlds. May Allah`s peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
Praying in the nearby mosque takes precedence unless there was a circle of knowledge, or a larger congregation in the distant mosque provided that the congregational prayer in the nearby mosque isn`t undermined. And Allah Knows Best.

What is the ruling on smoking?

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

Smoking is forbidden (Haram) since it is harmful to one`s health as confirmed by trustful physicians, and Islam has forbidden taking anything that causes harm. The Prophet (PBUH) said: "There should be neither harm nor reciprocated harm." [Ibn Majah and Ahmad]. And Allah Knows Best.

What is the difference between Tahajjud prayer and night prayer, and do they have a particular Witr prayer other than that of Isha (evening prayer)?

Tahajjud and Qiyam-Al-Lail (night prayer) are two words for the same meaning which is offering voluntary prayer at night after sunset, but before dawn break. However, Tahajjud is offered after waking up; whereas, Qiyam-Al-Lail is permissible before sleeping, or after it. Therefore, every Tahajjud is a Qiyam, but not every Qiyam is a Tahajjud. Moreover, there is no specified Witr for both of them, but Witr after Isha is by itself the Witr of Qiyam, and it is a Sunnah to postpone it until after Qiyam if the worshiper thought that he was most probably going to wake up in order to offer it, but if he wasn`t sure of waking up, then he is at liberty to offer it before going to bed as was reported in the Prophet`s Hadith.

Is it permissible to offer Tahajjud prayer after Witr prayer?

It is permissible to offer voluntary prayer after Witr (An odd number prayer performed between Isha and Fajr) prayer. However, it is desirable that the night prayer be ended with Witr. Therefore, it is desirable for one, who thought that he was most probably going to wake up at night in order to offer Tahajjud, to offer Witr after it, but one, who fears that he might not wake up, should offer Witr before going to bed.