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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(62): "Making Repentance after having Purchased Stocks of a non-Islamic Bank"

Date Added : 25-02-2020

 

Resolution No.(62): "Making Repentance after having Purchased Stocks of a non-Islamic Bank"

Date: 5/3/1424 AH, corresponding to 7/3/2003

 

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.

We have received the following question:

In 1977, I bought two hundred stocks of a non-Islamic bank and I want to atone this sin. What is the view of Sharia regarding these stocks? Should I keep them or give them to charity, but keep my principal sum? Am I allowed to give their value to one of my sons whom I`m not obliged to support, to pay for his tuition, marriage and the like. How should I calculate the difference in the value of the currency between that time and now?

The Board is of the view that she should sell all the stocks that she herself had purchased from the bank and from her husband, and then she should take only her principal sum as prescribed in the following verse: "Yet if you repent, you shall have your principal sums, not being unjust, and no injustice being done to you." {Al-Baqarah/279}. Moreover, She should distribute the remaining sum amongst the poor and needy, and she isn`t allowed to take any of it for herself unless she was poor. In this case, she may take what covers her need as a poor person. Moreover, she is allowed to spend on one of her sons whom she isn`t obliged to support as much as needed to cover the expenses of his study or marriage if he was poor.

As far as the calculation of the difference in the values of a currency between the times of purchasing the stocks and now, both values should be estimated and the total should be divided by two. And Allah Knows Best.

Chairman of the Iftaa` Board, Chief Justice, Izz Aldeen Attamimi
Dr. Wasif Al-Bakhri
Dr. Mohammad Abu Yahia
Dr. Yousef Ghizaan
Sheikhb Sa`id Hijjawi
Sheikh Na`iem Mujahid
Sheikh Mahmood Shwayat

 

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Summarized Fatawaa

Is it permissible for someone who is unable to fast to pay the fidyah (ransom/compensation payment) to himself, due to his own poverty?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is not permissible, nor does it fulfill the obligation, for a sick person who is currently and permanently unable to fast to pay the fidyah (ransom/compensation payment) to himself, since it is a financial obligation owed by him, established as a standing debt upon him — much like any other debt he owes. If he were to pay it to himself, it would not thereby be discharged. So if he cannot find [anyone eligible to] pay it to, it remains a standing obligation upon him, and is not thereby waived. If Allah, the Mighty and Majestic, later grants him wealth, it becomes obligatory upon him to pay it out to the poor and needy.
Imam al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "There is no difference in the obligation of the fidyah between the wealthy and the poor person; its benefit lies in its remaining established as a standing debt upon the poor person [until he is able to pay it] — and this is the more correct position (al-aṣaḥḥ), as indicated by the wording of ar-Rawḍah and its source text." [Mughnī al-Muḥtāj, Vol.2/P.174]
Accordingly: it is not permissible for a Muslim to pay the fidyah to himself while he remains poor. If the sick person is poor, he is not obligated to pay the fidyah immediately, and it remains a standing debt upon him until a time when he has sufficient means and wealth. And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on a person who abandons prayer after reaching puberty—is he required to make them up?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Making up missed obligatory prayers is an Islamic duty just as performing them in their proper time is obligatory, and taking care of them takes precedence over performing voluntary prayers. This is established by the practice of our Supreme Prophet (peace and blessings be upon him) when the polytheists distracted him on the Day of the Trench from performing the Asr prayer, so he made it up afterward, as well as the Hadith: "Pay Allah what is due to Him, for Allah is most deserving of fulfillment." (Recorded by Al-Bukhari)
 
Furthermore, it is valid to make up missed prayers at any time.
 
Whoever has missed a number of prayers and does not know their exact count, it is obligatory upon them to sincerely repent and exert their utmost effort to estimate their number. If they are unable to determine the exact count, they should base it on what is most probable according to their best judgment. They should then make them up gradually; if one performs one missed prayer alongside every current obligatory prayer, the matter becomes easy and manageable, and with the passage of time, one will complete what is owed, Allah willing. And Allah Almighty knows best.

What should someone do if they fasted for only 28 days in their country and then traveled to a place where Eid has already been declared?

If a person fasts in their country and then travels to another country where Eid has been declared, they must celebrate Eid with the people of that country.
● If their total fasts add up to 29 days, nothing is required of them.
● However, if they have only fasted 28 days, they must make up one day after Eid, because an Islamic month cannot be only 28 days.

Is Zakah due on the orphan`s money?

Yes, Zakah is due on the money of the orphan.

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