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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

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

Is Iddah (waiting period) incumbent on an old lady whose husband had died?

Upon the death of the husband, Iddah is incumbent on the wife regardless of her age.

My mother inherited a share from my late father`s and brother`s property; however, the inheritance, a piece of land, wasn`t divided amongst the eligible heirs because it was hard to sell. While alive, she used say that she wanted these shares to be distributed amongst the poor and needy. What is the ruling of Sharia on this?

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.
This is a will, so we have to consider the estate she had left behind. If the piece of land, which she had willed, equals one third and less of her estate, then the will must be executed. But, if it is more than one third, then one third must be executed and the rest of the estate, if the heirs agreed, is to be executed  as part of her will as well. However, if the heirs haven`t approved of that, then what remains, excluding that one third, must be divided amongst them according to the Islamic rules of inheritance. Moreover, we recommend that you pay a visit to the Iftaa` Department to make things clearer for you. And Allah the Almighty knows best.

Is a person who is in a state of Janabah( major ritual impurity due to having a marital intercourse, ejaculation, menstruation, and post-delivery impurities) sinful if he/she goes about his/her daily life activities in that state i.e. without making Ghusl( ritual bath ) ?

It goes without saying that a Muslim should always be in a state of ritual purity so as to be able to perform prayers and recite Quran. It is from Sunnah(Prophetic tradition) that a Muslim hastens to make Ghusl from Janabah, but he/she is not sinful in case he/she delayed that provided that he/she doesn`t miss prayers. However, it is permissible for him/her to go about their daily activities while in a state of Janabah, but had better bathe in order not to miss any prayer.

Is it permissible for a wife`s family to demand her husband to divorce her although she doesn`t want that?

It is forbidden for them to do that in case their daughter doesn`t want divorce unless there was a sin that continues as long as the marriage survives.

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