Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No. (305) "Pertaining to the Beneficiary from the Compensation Payment out of Solidarity Fund"

Date Added : 16-06-2021

Resolution No.(305) (10/2021), By The Board of Iftaa', Researches and Islamic Studies:

"Pertaining to the Beneficiary from Compensation Payment out of Solidarity Fund"

Date: (22/Shawal/1442AH), corresponding to (3/6/2021AD).

In its 8th meeting held on the above date, the Board of Iftaa` reviewed the letter No.(2560/2021) sent on (10/3/2021) from the Head of Jordanian Construction Contractors - Eng.Ahmad Yaqoob, it reads as follows:

It is incumbent upon a subscriber according to the regulations of social solidarity fund, to identify the beneficiary to receive the compensation payment in case of the former's death, as is the case with: "Mr. M.L, who is a subscriber in our fund whereas his son R.L was identified as the beneficiary entitled to receive the payment; unfortunately, the latter passed away, and after a short period of time and before updating the name of the new beneficiary, the father passed away as well on 27/10/2020. What is the ruling regarding the one who is entitled to receive the above payment  in this case?

After prolonged deliberations, the board decided what follows:

In principle, it is obligatory to abide by what was stated by the subscriber in the application side by side with the regulations of social solidarity fund system of Jordanian Construction Contractors; yet, due to the death of the beneficiary as mentioned above, dividing it among the heirs of the subscriber is an obligation in accordance to their shares as stipulated by the courts of Sharia. And Allah Knows Best.

 

Grand Mufti of Jordan, Sheikh Abdulkareem Al-Khasawneh

Dr. Mohammad Al-Khalayleh/ Member

Prof. Mahmoud Al-Sartawi/ Member       Dr. Majed Al-Darawsheh/ Member

Sheikh Sa`eid Hijjawi/ Member

Judge Dr. Samer Al-Kobbaj/ Member              Prof. Adam Nooah Al-Qhodah/ Member

Prof. Amjad Rasheed/ Member

Dr. Jameel Khatatbeh/ Member           Dr. Ahmad Al-Hasanat/ Member

Dr. Mohammad al-Zou`bi/ Member

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Summarized Fatawaa

What is I‘tikaf, and how is it performed?

I‘tikaf is staying in the mosque with the intention of I‘tikaf. It is fulfilled by remaining in the mosque for a period that qualifies as devotion or seclusion (I‘tikaf). It is recommended (Sunnah) for anyone entering the mosque to intend I‘tikaf as long as they remain inside.

Is a person who forgot to make up missed fasts until the next Ramadan began required to pay expiatory compensation (Fidyah) alongside the makeup fast (Qada')?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Whoever forgets to make up missed fasts of Ramadan (Qada') until the following Ramadan begins incurs no sin, pursuant to the statement of the Messenger of Allah (peace and blessings be upon him): "Indeed, Allah has pardoned for my nation their mistakes, their forgetfulness, and that which they are coerced into doing." [Narrated by Ibn Majah, and Al-Bayhaqi in Al-Sunan Al-Kubra]
 
Furthermore, such an individual is not obligated to pay a expiatory compensation (Fidyah). It is stated in Bushra Al-Karim (p. 580)—one of the authoritative Shafi'i jurisprudential texts: "As for delaying it [the makeup fasts] due to a valid excuse—such as travel, breastfeeding, forgetfulness, or ignorance of the prohibition of delay (even for one living among scholars)—no Fidyah is required. This is because delaying performance during the actual month is permissible due to these excuses; hence, delaying makeup fasts is even more permissible, even if it continues for years."
And Allah Almighty knows best.

"If the fidyah becomes obligatory upon a pregnant or nursing woman because she broke her fast out of fear for her child, is it obligatory from her own wealth, or from her husband's wealth?"

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The fidyah (ransom/compensation payment for breaking the fast) is obligatory from the wife's own wealth, and is not obligatory upon the husband unless he voluntarily chooses to pay it on her behalf.
It is stated in Mughnī al-Muḥtāj (Vol.2/P.174): "If the two [the pregnant woman and the nursing mother] fear for the child alone — such as a pregnant woman fearing miscarriage, or a nursing mother fearing that her milk supply would decrease, thereby endangering the child — then both the qaḍā' (making up the missed fast) and the fidyah become obligatory upon them, to be paid from their own wealth." And Allah, the Exalted, knows best.

Is it permissible to give to the poor from among the People of the Book from the Udhiyah?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
It is permissible to give to the poor among the People of the Book from a voluntary sacrifice (uḍḥiyyat taṭawwuʿ), just as it is permissible to give charity (ṣadaqah) to them. This opinion is a view (wajh) within the Shāfiʿī school, which was favored by al-Muḥibb al-Ṭabarī and Imam al-Nawawī. [See: Ḥāshiyat Ibn Qāsim al-ʿAbbādī ʿalā Tuḥfat al-Muḥtāj (Vol.9/P.365)]. And Allah Almighty knows best.