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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Date Added : 23-02-2016

Resolution No.(221) (3/2016) by the Board of Iftaa`, Research and Islamic Studies:

"The Prize Resulting from Transferring the Maid`s Salary is hers, not her Employer`s"

Date: 8/Jumada 1/ 1437, corresponding to 17/2/2016 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 second session held on the above date, the Board reviewed a question that read as follows:

I transfer my maid`s salary, to her family, through an exchange office which holds a prize draw on such transfers. Do I have the right to collect the won prize or is it my maid`s, taking into consideration that I pay for the transfer fees?

After deliberating, the Board decided what follows:

The salaries of the above employer`s maid, which he transfers to her family, are a debt on him. Legal scholars define debt as "A rightful obligation due on a person", and this includes any confirmed obligation incurred by a loan, a sale/transaction, an Ijarah (hiring) or else.

The above salaries is a debt, on you, possessed by your maid, in return for her work at your house, and she is permitted to dispose of it as she likes, including appointing you as her proxy with that money. Legal scholars have permitted  authorizing  the person,  on whom one`s debt is due, to dispose of that debt the way they ask him to.

For instance; the proxy in this regard is permissible as stated by scholars; whereas Ashrbini stated: "If he/she authorized their employer to buy them an item in return for their debt, due on him, and he did, then that is permissible according  to the more famous of the two opinions that validate proxy purchase." [Al-Mughni, vol3/pp.236].

In conclusion, the above money is possessed by the maid, and her employer functions as her proxy in transferring it to her family abroad; therefore, the loss or profit incurred by that proxy contract is hers, so the prize is hers as well; because it has resulted from her authorizing him. And Allah Knows Best.

 

Chairman of the Iftaa` Board, The Grand Mufti of Jordan, Sheikh Abdulkareem Alkhasawneh

Vice Chairman of the Iftaa` Board, Prof. Ahmad Hilayel

Dr. Hayel Abdulhafeez/ Member

Prof. Abdulnnasir Abulbasal/ Member

Sheikh Sa`eid Hijjawi/ Member

Dr. Yahia Albotoosh/ Member

Dr. Mohammad Khair Alessa/ Member

Dr. Khalid Alworaikat/ Member

Prof. Abdullah AlFawaaz/ Member

Dr. Mohammad AlKhalayleh/ Member

Dr. Mohammad AlZou`bi/ Member

 

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Summarized Fatawaa

Do the Jinn have anything to do with the disappearance of objects?

Jinn are one of Allah creatures, and whosoever lost anything should look for it and never accuse niether the Jinn nor humans of stealing it. And Allah Knows Best.

Who has the right to child custody when final divorce takes place?

The wife has the right to child custody until her children reach the age of puberty. However, if she gets married, the right of custody becomes that of her mother`s.

What is the expiation for being forced to give a false testimony in order to achieve reform?

Achieving reform is done by following the way of Allah through giving back rights to whom they belong. Therefore, repenting to Allah from false testimony is only achieved by abrogating it, and the person in question should expiate for that oath if he had taken it, so that Allah may forgive him.

I have been married for five years. My husband has two sons from his first marriage. Nevertheless, I took care of his children, and gave birth to a baby boy who is now three years old. Unfortunately, we keep fighting all the time; sometimes over his two sons and sometimes over his family. If I serve his family members and praise them, he treats me kindly. If I don`t, he turns my life into living hell. What should I do?

All perfect praise be to Allah, The Lord of The Worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.

Spouses should live with each other on a footing of kindness and equity. In your case, constructive dialogue is the best course of action. We advise you to be patient, commit your affair to Allah and ask Him to help you. We also recommend that you seek the help of the people of goodness and make them fix things between you and your husband. If all attempts for reconciliation fail then go to court, but we remind you that a problem, which could be solved with a beautiful word, is no problem at all, so praise family and children and try your best to win their hearts. And Allah The Almighty Knows Best.

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