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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

When does the time for the 'aqīqah lapse and pass?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
If the guardian was financially capable (mūsir) during the majority of the postnatal period (nifās) — which is sixty days — then the obligation of the 'aqīqah remains upon him until the child reaches the age of maturity (bulūgh). Once the child reaches maturity, the demand falls away from the father and those like him. At that point, it becomes Sunnah for the child himself to perform the 'aqīqah on his own behalf.
However, if the guardian was financially incapable (mu'sir) during the postnatal period, and then became financially capable after its expiry — that is, after sixty days — the 'aqīqah is no longer required of him. And Allah Almighty knows best.

Is it permissible for a guardian (Big brother) to unlawfully stop his sister from getting married?

If the guardian denies her right in getting married for an unlawful reason, she should go to court in order to settle that matter, and the guardian is considered sinful in this case.

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 a condition that a woman should untie her locks while making Ghusl (ritual bath)?

Ghusl from Janabah (ritual impurity), or menstruation obligates that water reaches the roots of the hair in order for the Ghusl to be valid, but if it doesn`t, then hair locks must be untied for water to reach them, and for Ghusl to become valid.

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