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Resolutions of Iftaa' Board

Resolution No.(146): "Ruling on a Muslim Taking his Share of the Estate from a Usurious Bank

Date Added : 05-10-2015

Resolution  No. (146) (11/2010), By The Board of Iftaa', Research and Islamic Studies:

"Ruling on a Muslim Taking  his Share of the Estate from a Usurious Bank"

Date: 2/9/1431 A.H corresponding to 12/8/2010 A.D

 

All praise be to Allah, peace and blessings be upon Prophet Mohammad and upon  all of his family and companions:

The Board of Iftaa`, Research and Islamic Studies reviewed, in its 9th session held on Thursday(2/9/1431A.H) corresponding to (12/8/2010 A.D), the following  question:

My father passed away, and left us a sum of money which our mother didn`t divide  amongst us, rather , she kept it deposited  in a usurious bank for  thirty years; is it permissible for me to take my share and what is the ruling on paying the  Zakah due on it ?

After careful study and deliberation, the Board decided what follows:

What the mother did is unlawful in Islamic law because once the father died, the money  is transferred to the possession of the heirs-each according to his/her share. The degree of unlawfulness as far as the mother`s act is concerned increases by her dealing in Riba (usury); therefore, she should seek repentance, ask for forgiveness, withdraw the money from that bank and divide it amongst the eligible heirs. On their part, the heirs must  get rid of the usurious amount in their shares  by giving  it up to charity, and Allah will reward them for doing so since He, The Most Exalted, Says (What means): “O ye who believe! Fear God, and give up what remains of your demand for usury, if ye are indeed believers. If ye do it not, Take notice of war from God and His Apostle: But if ye turn back, ye shall have your capital sums: Deal not unjustly, and ye shall not be dealt with unjustly.” {Al-Baqarah/278-279}.

The heirs are also obliged to give the Zakah due on their shares for one year in case each of them reached Nisaab (i.e. minimum amount of wealth liable for the payment of zakat). And Allah Knows Best.

 

 

Head of the Iftaa` Board, The Mufti General 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

What is the ruling on a woman who gets her menstrual period while fasting?

If a woman gets her menstrual period while fasting, her fast (of that day) becomes invalid, and she must make up for the missed days after Ramadan. Allah has granted ease to women in this situation, and she will be rewarded for not fasting because she is following Allah’s command.

If a traveler settles or a sick person recovers while fasting, is it permissible for them to break their fast?

● If a sick person starts the day fasting and then recovers during the day, they must complete their fast.
● If a traveler starts the day fasting and then settles (returns or stops traveling) during the day, they must also complete their fast.
● It is forbidden for both of them to break their fast because the concession (rukhsah) is no longer valid once its reason disappears.

What is the ruling on performing the Istikhara prayer after the Witr paryer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Istikhara prayer (Prayer for seeking guidance) is a Sunnah. It consists of two units (rak’ahs) performed outside of the obligatory prayers, after which the person supplicates with the traditionally narrated du’a. It is permissible to perform it before or after the Witr prayer, as the Istikhara prayer is recommended at all times except during the disliked times—the periods in which prayer is prohibited. This is because its specific reason (the Istikhara and supplication) occurs after the prayer itself, and any prayer with a subsequent reason is not permitted during the prohibited times. It should be noted that the two rak’ahs of Istikhara are not fulfilled by performing only one rak’ah, nor by a prostration of recitation (Sajdat al-Tilawah), nor by a funeral prayer (Janazah). And Allah the Exalted knows best.

What is the ruling on I‘tikaf in Ramadan?

I‘tikaf is Sunnah in Ramadan, and it is even more emphasized in the last ten nights, in the hope of witnessing Laylat al-Qadr.

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