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Resolutions of Iftaa' Board

Resolution No.(306): "Ruling on Health Insurance"

Date Added : 13-07-2022

Resolution No.(306), By The Board of Iftaa', Researches and Islamic Studies:

"Ruling on Health Insurance"

Date: (25th of Jumada Al Oula, 1443 AH), corresponding to (30/12/2021 AD).

 

In the name of Allah, Most Gracious, Most Merciful

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.

On its sixteenth meeting held on the above date, the Board of Iftaa`, Research, and Islamic Studies reviewed question No.(207233) sent to the electronic website of The General Iftaa` Department. It stated as follows: I work for a company of the private sector and we have optional health insurance. What is the ruling of Sharia on this health insurance taking into consideration that the company where I work deals with a conventional insurance company where an amount of 11JDs is deducted from an employee`s salary while the rest is covered by the employer?

After careful consideration, the Board decided what follows:

Health treatment is one of the necessities emphasized by the Maqasid of Sharia (Higher objectives of Sharia). Due to the progress accomplished in the field of medicine and the diversity of its techniques, meeting this need has become too expensive, so individuals couldn`t afford treatment and this negatively affected their health.

Since public need is ranked as a private necessity and the rules of Sharia rests on warding off harm and hardship, then it is permissible for an employee to have access to the services of medical insurance by virtue of his/her company having concluded a contract to that end with an insurance company. It is also permissible for an employee to include his/her dependents in those services as well. However, we advise employers to insure their employees with cooperative insurance companies that observe the standards of Sharia in this regard. And Allah The  Almighty Knows Best.

 Chairperson of Iftaa` Board

Grand Mufti of Jordan                     Dr. Abdulkareem al-Khasawneh

Dr. Mohammad al-Khalayleh

Dr. Mahmoud al-Sartawi/ Member         Dr. Majed al-Darawsheh/ Member

Sheikh Sa`eid Al-Hijjawi, Member

Judge Samer Al-Khobbaj/ Member               Prof. Adam Nooh Al-Qhodaat/Member

Prof. Amjad Rasheed/Member

Dr. Jamil Khatatbeh/Member                               Dr. Mohammad Younis Al-Zou`bi/ Member

Dr. Ahmad al-Hasanat/ Member

 

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Summarized Fatawaa

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.

What is the ruling on applying perfume while fasting?

Applying perfume does not break the fast. However, it is better to avoid it, as fasting is a practice of simplicity and restraint, while perfume is a form of luxury.

Does buying meat equivalent to the weight of a slaughtered animal and distributing it avail for an udhiyah?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
That does not avail for the sacrifice (uḍḥiyyah), because the sacrifice necessarily requires slaughtering an animal from the category of anʿām (camels, cattle, and sheep/goats) within a specified time.
 
Rather, that is considered a form of charity (ṣadaqah) for which one is rewarded, but not an udhiyah. And Allah Almighty knows best.

Is it permissible to divide a single Sa‘ of Zakat al-Fitr—or its equivalent value in cash—among more than one poor person?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Zakat al-Fitr is estimated at one Sa‘ per person, but the number of people to whom this Sa‘ can be given has not been specified. For this reason, it is permissible to distribute a single Sa‘ among more than one poor person. And Allah the Exalted knows best.

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