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 swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

Which is better for a traveler: fasting or breaking the fast?

Fasting is better, unless it causes hardship—in that case, breaking the fast is better.

What is considered a woman`s Awrah (parts of the body that must be concealed during prayer) while offering prayer, and is her foot part of it?

A woman`s whole body is considered an Awrah while offering prayer except the hands and the face. Thus, her foot is an Awrah as well. And Allah Knows Best.

What is the wisdom and purpose behind the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
Among the wisdoms and purposes of the 'aqīqah are the following:
First: Expressing joy at the blessing of Allah the Almighty, rejoicing in the newborn, and giving thanks to Allah for this gift. Allah the Almighty says (what means): "If you are grateful, I will surely increase you." [Ibrāhīm/7]
Second: Proclaiming and publicising the lineage (nasab) of the child — and the 'aqīqah serves as an appropriate and fitting means to this end.
Third: Gladdening the hearts of family members, relatives, friends, and the poor by gathering them together over a shared meal. And Allah Almighty knows best.