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Resolutions of Iftaa' Board

Resolution No.(104): “Ruling on the Medical Insurance of those Working for the American Jordanian Company for Apparel (Jordache)“

Date Added : 28-10-2015

 

Resolution No.(104) by the Board of Iftaa`, Research and Islamic Studies:

“Ruling on the Medical Insurance of those Working for the American Jordanian Company for Apparel (Jordache)“

Date: 5/4/1427 AH, corresponding to 3/5/2006 AD.

 

 

 

 

Question:

What is the Sharia ruling as regards the medical insurance of the workers of the American Jordanian Company for Apparel (Jordache) at the general clinics?

Answer: All success is due to Allah.

The Board is of the view that medical insurance is a branch of cooperative insurance, which is considered from the bare contracts. This contract isn`t affected by the contributors` ignorance as regards its benefit to them because they are contributors. Moreover, it isn`t risky, usurious or aleatory. 

Taking the above medical insurance into consideration, we realize that it takes the same ruling as cooperative insurance, which is an insurance with an institution that cares about workers, and isn`t a traditional insurance company. However, the Board recommends adjusting the maximum of age: (until  fifty) to become (as long as he works for the company).

The Board also recommends deleting article (14) of the draft agreement so as for the medical insurance to become effective through that institution`s commitment to cover the workers medical care during the period assigned in the draft. Based on that, the medical insurance included in the future draft agreement becomes permissible from the view point of Sharia. And Allah Knows Best.

 

 

Iftaa` Board

Chairman of the Iftaa` Board, Chief Justice, Dr. Ahmad Hilayel

Dr. AbdulMajeed Al-Salaheen

Dr. Abdukareem Al-Khasawneh

Dr. Yousef Ghyzaan

Dr. Wasif Al-Bakhri

Sheikh Sae`id Hijjawi

Sheikh Nae`im Mujahid

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Summarized Fatawaa

Can a person required to give kaffarah feed it to their own family members?

The kaffarah must be given to the poor and needy who are not financially dependent on the one giving the kaffarah.
If a person feeds it to their own family members, it does not count as kaffarah, and their obligation remains unfulfilled.

Is it permissible to agree with a butcher to purchase the meat of an animal after it has been slaughtered — for instance, by buying the meat of a sheep at a price determined by the weight of its meat following slaughter, at a fixed rate per kilogram? And what is the ruling if the animal is being purchased with the intention of it being an uḍḥiyyah (sacrificial offering)?

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible to sell livestock in the manner of pricing each kilogram of meat after slaughter at a fixed rate, because the meat within the animal prior to slaughter is unseen and unknown. This leads to jahālah (ignorance of the subject matter) and gharar (contractual uncertainty), both of which are among the invalidating factors in sales transactions.
However, it is permissible for the buyer to issue a promise to purchase the meat of the animal after slaughter at a specified price per kilogram, with the actual sale being concluded at the time of weighing the meat — at which point both the quantity of the goods and the total price become known. There is no Sharī'ah objection to this arrangement.
The jurists have stipulated that for a sale to be valid, both countervalues must be present and observable. Al-Khaṭīb al-Shirbīnī, may Allah have mercy upon him, states:
"It is valid to sell a heap of grain whose total measure is unknown to both contracting parties at a rate of one sā' per dirham. This sale is valid because the subject of sale is present and observable, and ignorance of the total price is not harmful since it is known in detail — and uncertainty is thereby lifted."— [Mughnī al-Muḥtāj, Vol.2/P.355]
As for the uḍḥiyyah, the 'aqīqah, and vowed blood sacrifices (al-dam al-mandhūr) — full ownership of the animal must be established prior to slaughter. It is not valid for such animals to be slaughtered while still in the ownership of the butcher. Rather, the animal must be purchased alive and then slaughtered with the intention of uḍḥiyyah or the like. And Allah Almighty knows best.

Is it valid to perform Tarawih prayer at home?

It is Sunnah for a Muslim to perform Tarawih prayer in congregation at the mosque.
However, if a person sometimes prays it at home in congregation with their family for a valid reason, there is no harm in doing so.

What is the ruling on the ablution of one who touches his wife without a barrier?

In the Shafi'i school, a man's ablution is invalidated by touching his wife if their skins meet (in any place) without a barrier, whether the touch is intentional or accidental. An exception to this is touching hair, teeth, or nails; these do not invalidate ablution. And Allah the Almighty knows best.

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