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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(221): "The Prize Resulting from Transferring the Maid`s Salary is hers, not her Employer`s"

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

Is it permissible for me to name my newborn baby boy “Al-Moustafa” ?

There is no harm in naming your son “Moustafa” without using the ”Al”.

A woman used contraceptive pills, and her menses exceeded (15) days, is it permissible for her to fast?

The maximum of menstrual blood is (15) days, but if it exceeded that due to a medication, or the like, then it is Istihadah (bleeding outside the monthly period), and in this case she should perform Ghusl (ritual bath), pray, and fast. Moreover, she is obliged to make up for the missed fasting days which exceeded her regular menses. And Allah Knows Best.

I`m in love with a certain man, and want to marry him in particular, but my family refused that, what should I do?

The father should know what is in the best interest of his daughter and consider her situation. On her part, the daughter should trust her father`s view point as far as suitors are concerned. Moreover, it is prohibited for any woman, or girl to get involved in a relation with a non-Mahram (Marriageable man).

What is the Iddah period upon death of husband? What is the ruling when the woman observing Iddah after death of husband leaves her home to visit relatives although her Iddah hasn`t ended? What is the ruling on her wearing gold during Iddah period?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
For a woman whose husband has died, the 'Iddah*  is four months and ten days after the death of her husband. If a woman is pregnant, the 'Iddah lasts until she gives birth. Moreover, she has to mourn, not wear gold, perfume nor saffron-colored garment. The evidence on this is that The Prophet (PBUH) said: "It is not lawful for a Muslim woman who believes in Allah and the Last Day to mourn for more than three days, except for her husband, for whom she should mourn for four months and ten days." [Agreed upon]. And Allah The Almighty Knows Best.
 
*The iddah is a waiting period that a Muslim woman observes after the death of her husband or after a divorce. The Quran says: For those men who die amongst you and leave behind wives, they (the wives) must confine themselves (spend iddah) for four months and ten days.

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