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Resolutions of Iftaa' Board

"Resolution No. (246): "Ruling on Zakah of Associations and Unions' Funds"

Date Added : 04-12-2017

Resolution No. (246) by the Board of Iftaa', Research and Islamic Studies:

"Ruling on Zakah of Associations and Unions' Funds"

Date 2/Rabi' Al-Thani/1439 AH, corresponding to 21/11/2017 AD

 

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.

During its 13th session held on the above date, the Board of Iftaa', Research and Islamic Studies reviewed the letter sent from the Chairman of Jordan Housing Developers Association, and reads as follows:" We would like to ask about the Sharia Ruling on the Zakah's Nisaab {Minimum amount liable for Zakah}of the nonprofit funds of the Associations and Unions such as Jordan Housing Developers Association whose incomes consist of membership fees and other members' annual subscriptions. Moreover, these funds are distributed on the association's activities, employees' salaries, rents and many other activities. Yet, the aforementioned association is a nonprofit party and aims to develop the career of constructing apartments and buildings as is the case with many other unions. The statute of the Association is included in the letter?

After prolonged deliberations, the Board decided the following:

Zakah is a commandment of Allah to a Muslim with the conditions clarified by the scripts of Sharia and the first of which is "Possession" referred to, by jurists, as "Specific owner" since it is stated in [Nihayat Al-Muhtaj vol.3/pp.127]: "Being possessed by a specific owner is among the conditions that make Zakah on wealth obligatory."

Similar to endowment funds, the Zakah condition (Specific owner or owners) doesn't apply to the afore parties. 

Moreover, Zakah is due on co-operative associations and other organizations that have a specific owner

or multiple shareholders. And Allah Knows Best. 

 

Chairman of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Vice Chairman, Sheikh Abdulkareem Al-Khasawneh

Prof. Abdullah Al-Fawaz, Member

Dr. Ahmad Al-Hasanat, Member

Dr. Mohammad Khair Al-Esa, Member

Dr. Majid Darawsheh, Member

Sheikh Sa`eid Al-Hijjawi, Member

Judge Khalid Woraikat, Member

Dr. Mohammad Al-Zo`bi, Member

 

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Summarized Fatawaa

What is the ruling of Islamic Law on performing prayer on the upper floors of al-Masjid al-Ḥarām?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Facing the actual structure of the Ka‘bah (‘ayn al-Ka‘bah) is one of the conditions for the validity of the prayer. The scholars have clarified what is meant by "the actual structure of the Ka‘bah."
Imam ash-Sharwānī (raḥimahullāh) said: "What is meant by its ‘ayn (actual structure) is its physical body, or the airspace directly aligned with it — if the person praying is not inside it. But if he is inside it, then the airspace alone does not suffice; rather, the actual physical structure must be faced, such that even if he faces a projecting part of it measuring roughly two-thirds of a dhirā‘ (cubit) or more, this would be sufficient." [Ḥāshiyat ash-Sharwānī ‘alā Tuḥfat al-Muḥtāj, Vol.1/P.484]
Sheikh al-Qulyūbī (raḥimahullāh) said: "Unlike one who prays outside it — i.e., outside the Ka‘bah — for him the airspace (directly above it) suffices, even if he is higher than it, or even if he is at the location where it (hypothetically) has been demolished." [Ḥāshiyat al-Qulyūbī ‘alā Sharḥ al-Minhāj,  Vol.1/P.154]
Accordingly, the prayer is valid on the upper floors of al-Masjid al-Ḥarām, even though these floors are higher than the roof of the Ka‘bah itself. And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on the colored discharges that appear one or two days before the menstrual cycle?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Colored discharges carry the same Islamic ruling as blood, whether they appear at the beginning or the end of the menstrual period. This remains true even if the discharge is intermittent—appearing for some days and stopping for others before returning—provided that the total duration does not exceed fifteen days nor fall short of a day and a night (24 hours). This is because the minimum duration of menstruation (Hayd) is one day and a night, while its maximum duration is fifteen days. Furthermore, the minimum period of purity (Tuhr) between two menstrual cycles is fifteen days, and there is no maximum limit for it. And Allah the Exalted knows best."

Which is more excellent for a woman: to pray in the mosque or in her house?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Our Master the Prophet ﷺ said: 'It is more excellent for a woman to pray in her house than in her courtyard, and more excellent for her to pray in her private chamber than in her house.' Therefore, a woman’s adherence to her home and her refraining from going to the mosques—in obedience to the command of Allah the Exalted—attains a great reward and abundant recompense. Furthermore, women praying in congregation within their homes is better than their attendance at the mosques, based on the aforementioned Hadith. And Allah the Exalted knows best.

What is the ruling on a woman using contraception without her husband's knowledge if he is mistreating her?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is not permissible for a woman to use any means of delaying pregnancy without her husband's knowledge, consent, and mutual agreement. This is because having children is a sharʿī right belonging to both spouses equally in Islamic law. Imām al-Māwardī, may Allah have mercy upon him, stated: "The right to a child from a free woman is shared between them both" — meaning between the two spouses. [al-Ḥāwī al-Kabīr, 9/320]
It is therefore not permissible for either spouse to make a unilateral decision regarding the prevention of pregnancy without the consent of the other. We advise both spouses to discuss the matter with wisdom and mutual respect, so as to resolve any disagreement and arrive at a suitable solution that serves the interests of them both. And Allah the Almighty knows best.

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