Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(147): "Ruling on the Commission which a Doctor Takes from Medical Centers"

Date Added : 02-11-2015

Resolution No.(147)(12/2010) by the Board of Iftaa`, Research and Islamic Studies: "Ruling on the Commission which a Doctor Takes from Medical Centers"
Date: 17/8/1431 AH, corresponding to 29/7/2010 AD.

 

All perfect 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.
During its seventh session held on the above given date, the Board reviewed the following question:
Is it permissible for a doctor to take a commission from a pharmacy, a lab or an x-ray center in return for directing patients to them? However, if they declined from paying him, he would direct the patients somewhere else.
After careful study and deliberation, the Board decided what follows:
Such an act is impermissible and belittles the medical profession-which has been originally established to serve humanity- for the following:
First: It deceives the patient into believing that a certain lab or x-ray center is the best and this is forbidden. Allah Says in this regard (which means): "O ye who believe! Fear God and be with those who are true (in word and deed). {At-Tawbah/119}.
Second: It involves eating up people`s money unjustly because the doctor takes money for nothing and burdens the patient with extra expenses in addition to the already expensive treatment and medications. Allah, The Almighty, has forbidden eating up people`s money unjustly. He says{which means}, "O ye who believe! Eat not up your property among yourselves in vanities: But let there be amongst you Traffic and trade by mutual good-will: Nor kill (or destroy) yourselves: for verily God hath been to you Most Merciful!"{At-Tawbah/119}.
Third: It corrupts the doctor`s credibility and turns him into a materialistic person, who aggravates the suffering of patients instead of comforting them and relieving their pain.
Fourth: It violates the ethics of the medical profession. However, if the patient sought the advice of the doctor as regards a suitable lab or x-ray center, then the latter should be sincere to him because an advice is a trust. This is indicated by the Hadith in which the Prophet (PBUH) said: "The deen (religion) is naseehah (advice, sincerity).” We said: “To whom?” He (PBUH) said: “To Allah, His Book, His Messenger, and to the leaders of the Muslims and their common folk.” [Muslim]
Therefore, it is imperative that doctors avoid such suspicious matters and give advice to their patients seeking the reward from Allah, The Almighty. And Allah Knows Best.

 

Head of the Iftaa` Board, The Grand Mufti of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh
Vice Head of the Iftaa` Board, Dr. Ahmad Hilayel
Dr. Yahia Al-Botoosh/ Member
His Eminence, Sheikh Sa`ied Hijjawi/ Member
Dr. Mohammad Khair Al-Essa
Judge Sarrie Attieh
Dr. Abdulrahman Ibbdah/ Member
Dr. Mohammad Oklah/ Member
Dr. Abduln`nassir Abu Al Bass`al/ Member
Dr. Mohammad Al-Khalayleh/ Member
Dr. Mohammad Al-Gharaibeh/ Member
Executive Secretary of the Iftaa` board, Dr. Ahmad Al-has`sanat

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Summarized Fatawaa

What is the ruling on public street water if it gets on a person's clothes or body?

The default ruling is that public street water is pure (tahir). If one is certain of its impurity (najasa), then a small amount that gets on the lower part of a person's clothes or body is overlooked (excused). And Allah the Almighty knows best.

Is it permissible to fast the six days of Shawwal before making up for the missed fasts of Ramadan?

● If a person missed fasts due to a valid excuse, they may fast the six days of Shawwal before making up for Ramadan fasts, because qada (makeup fasts) in this case can be delayed, while the six days of Shawwal must be observed within Shawwal.
● However, if a person missed fasts without a valid excuse, they must make up for the missed fasts immediately after Eid, before fasting the six days of Shawwal. If they fast the six days first, it is valid, but they must still make up for the missed Ramadan fasts afterward.
It is also permissible to combine the intention of qada (makeup fasts) and the six days of Shawwal in one fast. However, it is better to fast them separately, as this increases the reward and avoids scholarly disagreement regarding combining intentions.

Is it obligatory for someone traveling by plane in the afternoon during Ramadan to fast?

Anyone who intends to travel after dawn must begin the day fasting and continue with the intention of completing their fast, as fasting was obligatory upon them before traveling.
However, if they experience unbearable hardship after starting their journey, they are permitted to break their fast due to that hardship, not merely because of travel. In such a case, they must make up for the missed fast later.

What is the Sharia basis of the Udhiyah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
The Sharia basis of the Udhiyah (sacrificial offering) is firmly established through the Quran, the Sunnah, and the Consensus (Ijma') of the Muslims:
1. Evidence from the Holy Quran
Allah the Exalted says {what means}: "And the camels and cattle We have appointed for you as among the symbols of Allah; for you therein is good." [Al-Hajj/36]. He also says {what means}: "So pray to your Lord and sacrifice [to Him alone]" [Al-Kawthar/2]. According to the most well-known scholarly interpretations of this verse, "prayer" refers to the Eid prayer, and "sacrifice" refers to the slaughtering of the Udhiyah.
2. Evidence from the Sunnah
Al-Bara' bin 'Azib (may Allah be pleased with him) narrated that the Prophet ﷺ said: "The first thing we start with on this day of ours is to pray, then we return and sacrifice. Whoever does that has followed our Sunnah, and whoever slaughters before [the prayer], it is merely meat he has provided for his family; it is not part of the ritual sacrifice in any way" [Reported by Bukhari & Muslim].
Anas (may Allah be pleased with him) narrated: "The Prophet ﷺ sacrificed two white rams with horns. He slaughtered them with his own hand, mentioned the name of Allah (Tasmiyah), and said the Takbir" [Reported by Bukhari & Muslim].
3. Evidence from Scholarly Consensus (Ijma')
The Muslims have reached a unanimous consensus on the Sharia basis of the Udhiyah, and no one among the scholars has disagreed with this. [Al-Sherbini, Mughni al-Muhtaj, Vol.6/P.122].And Allah the Exalted knows best.