Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(25): "Ruling on the Mechanism of the Jordan Phosphate Mines Company Employees' Saving Fund"

Date Added : 07-12-2015

 

Resolution No.(25) by the Board of Iftaa`, Research and Islamic Studies: "Ruling on the Mechanism of the Jordan Phosphate Mines Company Employees' Saving Fund"

Date: 16/4/1413 AH, corresponding to 13/10/1992 AD.

We have received the following question: 
What is the ruling of Islamic Sharia on the Mechanism of the Jordan Phosphate Mines Company employees` saving fund?

Answer: All of Success is Due to Allah:
Sums that an employee takes from his salary, deductions from his pay, and equal sums paid by his company are all Halal (legal).
As regards profits, they are classified as follows: 
Profits that come from a Halal investment are Halal, such as: Company`s stocks and funds deposited in Islamic banks; whereas, those which come from a Haram (illegal) investment are Haram, such as: interests taken from non-Islamic banks and profits of companies that deal in Haram transactions.
In order for an employee to be on the safe side, he should seek the assistance of the financial officers and see what they think is most probable to be Halal money.
On the other hand, the Board is of the view that the illegal profits should be given to the poor and needy, even if they were his relatives whom he isn`t obliged to provide for and he is financially capable. This is because it isn`t permissible that he benefits from that illegal money directly or indirectly. Moreover, that money should also be spent on public projects.
The Board warns that in principle the mechanisms employed by such saving funds must comply with the rules of Sharia. And Allah Knows Best.

Chairman of the Iftaa` Board, The Grand Mufti of Jordan, Dr. Nooh Al-Qhodaat

     Sheikh Sa`eid Hijjawi

Dr. Ahmad Hilayel

Dr. Abdulsalam Al-Abbadi

     Mohammad Shewayat

   Dr. Yaseen Daradkeh

 

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Summarized Fatawaa

What is the ruling on forgoing the sacrifice (uḍḥiyah) for one who is financially able to offer it?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
It is disliked (makrūh) for one for whom the uḍḥiyah (sacrifice) is recommended (Sunnah) to forgo offering it, on account of the scholarly disagreement regarding whether it is obligatory. And Allah, the Most High, knows best.

What is the ruling of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.
The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).
We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.

What is the ruling on wiping the front of the head beneath the ḥijāb, and is it permissible to wipe over the ḥijāb if it was put on while in a state of purification (wudu`)?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is permissible to wipe the front portion of the head (nāṣiyah) with the fingertips. It is likewise sufficient to place a wet hand over a head covering (ḥijāb), provided the moisture actually reaches the hair beneath it — if it does not, it does not suffice. A head covering is not treated in the same manner as leather socks (khuff) and may not be wiped over in lieu of the head itself.
Imām al-Nawawī, may Allah have mercy upon him, states in al-Majmūʿ (Vol.1/P.407): "If a person is wearing a turban and does not wish to remove it — whether for a valid reason or otherwise — he should wipe the entire front portion of the head... The same ruling applies to whatever a woman wears on her head. If, however, he confines himself to wiping over the turban without wiping any part of the head itself, this does not suffice — and there is no disagreement among us on this point." He further states: "A woman is like a man in the manner of wiping the head... She should insert her hand beneath her head covering so that the wiping falls upon the hair itself. If she places her wet hand over her head covering, our scholars stated: if the moisture does not reach the hair, it does not suffice her." And Allah the Almighty knows best.

I have a brother who is harsh in his dealings [with me], and many problems have occurred between us, and I do not intend to reconcile with him. What is the ruling of Islamic Law on that?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is not permissible for a Muslim to abandon or boycott his fellow Muslim brother for more than three days. This is based on the saying of the Messenger of Allah, peace and blessings be upon him: "It is not lawful for a Muslim to forsake his brother for more than three [days], meeting each other but one turns away and the other turns away, and the better of the two is the one who initiates the greeting (salam)." (Reported by al-Bukhari.)
A Muslim must strive to end such estrangement (hajr), so as not to fall under the prohibition mentioned in the hadith. If he takes the initiative to reconcile but the other party does not respond, then there is no sin upon him. We remind [ourselves] of the saying of Allah, the Exalted: "And let them pardon and overlook. Do you not wish that Allah should forgive you? And Allah is Forgiving and Merciful." (An-Nur/22). And Allah, the Exalted, knows best.