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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(107): "Proposed Amendments to the System of the Income and Sales Tax Department Fund"

Date Added : 12-04-2016

 

Resolution No.(107) by the Board of Iftaa`, Research and Islamic Studies:

"Proposed Amendments to the System of the Income and Sales Tax Department Fund"

Date: 26/4/1427 A.H, corresponding to 24/5/2006 A.D

 

We have received the following question: What is the ruling of Sharia on the instructions governing the disbursement of money from the Income and Sales Tax Department Fund, published in the official gazette?

Answer: All success is due to Allah.

First: Article (5), paragraphs (H, Z)

Paragraph (Z) stated that among the Fund`s revenues is:  "Loans obtained by the Fund from any source to be given as housing loans to the Department`s employees."

Paragraph (Z) stated that another source of the Fund`s revenues is: "Benefits and profits achieved by the Fund`s investment of the revenues referred to in the aforementioned article."

The Board is of the view that the following sentence must be added to the above paragraphs:"In line with the provisions of Islamic Law."

Second: Article (6) stated: "The committee shall deposit, the money referred to in article (5), in one or more of the non-Islamic banks."

The Board is of the view that the above money must be deposited in Islamic banks.

Third: Article (18) stated: "The administrative committee shall have the right to initiate all legal procedures against those who fall behind in repaying their monthly allocations, for whatever reason, in line with the stipulations of the concluded loan-contract."

The Board views that the above procedures must comply with the provisions of Islamic Law.

Fourth: Article (19), paragraph(A): "The loanee shall be charged with 2%, as administrative and general expenses, from the value of the loan, to be deducted instantly upon receiving the first payment."

The Board is of the view that a definite amount must be specified for all types of loans regardless of their value, and not a percentage from the value of the loan itself, in order to avoid Riba(Usury/interest).

Fifth: Article (22), paragraph (1): "The administrative committee shall have the authority, after the approval of the Director-General, to issue executive decisions concerning the following:

1- Developing the Fund`s resources.

2- Any decisions that guarantee executing the provisions of these instructions."

The Board is of the view that developing the Fund`s resources must comply with the provisions of Islamic Law. And Allah Knows Best.

 

 

Chairman of the Iftaa` Board, Chief Justice, Dr. Ahmad Hilayel

Dr. Yousef Ghizan/Member

Dr. Abdulmajeed Assalaheen/Member

Sheikh Sa`ied Hijjawai/Member

Sheikh Abdulkareem Khasawneh/Member

Sheikh Na`iem Mojahid/Member

Dr. Wasif Albakhri/Member

 

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Summarized Fatawaa

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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  There is no sin in working for the bank that declares compliance with the rulings of Sharia, in addition to adhering to the rulings of the supervising Sharia committee in the bank itself. This is provided that the committee consists of righteous, trustworthy, specialized scholars. And Allah The Almighty Knows Best.

Is it permissible to listen to chants praising the Prophet if accompanied by musical instruments?

If singing, or chanting in praise of the Prophet was accompanied by a forbidden musical instrument, then it is forbidden.

My father passed away before my grandfather. Am I entitled to any share of my grandfather`s inheritance?

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.
According to Islamic courts, you are entitled to what is called obligatory bequest (The distribution of estate to grandchildren who has either lost a parent before the death of the grandparents). Therefore, if your grandfather left such bequest for you, then take that share or else it is more prudent to take nothing. And Allah The Almighty Knows Best. 

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