Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

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

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Is it permissible for the doctor to uncover the hair of a female patient out of necessity?

It is only permissible for him to do so when there is no female doctor, and he should examine the patient in the presence of one of her Mahrams(unmarriageable kin).

I have conducted my marriage contract at a Sharia court; however, one day I was talking to my fiancée over the phone and she got on my nerves leading me to utter one divorce. This is knowing that I can`t tell my her father because he is very strict and will not accept that at all. What is the best course of action that I should pursue in this situation?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
When divorce takes place before the consummation of marriage it is called Ba`in divorce (Minor irrevocable divoce), so your wife is considered unlawful to you until you conduct a new marriage contract and pay Mahr , and you should visit the Iftaa` Department in order to know the correct Fatwa. And Allah The Almighty Knows Best.

[1] Minor irrevocable divorce [Ar.Talaq al-Ba'in Binona Soghra]: It is a divorce where the husband cannot take his ex-wife back unless with her consent, conducting a new marriage contract and paying new bridal wealth [Ar.Mahr].

[1] In Islam, a Mahr is the obligation, in the form of money or possessions paid by the groom, to the bride at the time of Islamic marriage. While the Mahr is often money, it can also be anything agreed upon by the bride such as jewelry, home goods, furniture, a dwelling or some land.

Is it permissible for the big brother to force his sisters to wear Hijjab(Islamic wear) if their father didn`t do his part in this regard ?

The father`s attention should be drawn gently and politely, and the sisters should also be reminded with good words since Allah, The Almighty, says: “O ye who believe! Save yourselves and your families from a Fire whose fuel is Men and Stones.”{Al-Tahreem/6}.