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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 the ruling on waiving a debt owed by a debtor and counting it toward zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Waiving a debt owed by a debtor, with the intention of counting it toward zakāh, does not fulfill the zakāh obligation. Rather, it constitutes an ordinary act of charity, for which Allah rewards the giver generously — since one of the conditions for the validity of zakāh is that the person paying it must form the intention of zakāh at the actual moment the wealth is paid out. In this case, the debt has already been established as a standing obligation upon the borrower, so it is not valid to simply redirect the intention toward zakāh after the fact.
It is preferable, instead, for the creditor to first collect the debt from the debtor, and then return to him the amount of money he is required to pay as zakāh — or a portion of it — if the debtor happens to fall under one of the eight categories that Allah, the Exalted, has commanded be given from zakāh.
It is stated in ‘Umdat as-Sālik, from the books of the Shāfi‘ī school: "If someone gives [money] to a poor person, stipulating that the recipient return it to him in payment of a debt owed to him, or says, 'I am making what you owe me into zakāh, so take it [as such]' — this is not valid. But if he gives it to him with the [unstated] intention that the recipient will use it to repay him, or says, 'Repay what you owe me, so that I may [then separately] give it to you as zakāh,' or the debtor himself says, 'Give it to me, so that I may [then] repay you with it' — this is valid, and there is no binding obligation for the recipient to actually fulfill this [informal understanding]." And Allah, the Exalted, knows best.

What is the semi-circular structure attached to the Holy Kabah?

The semi-circular structure attached to the Holy Kabah is Hijr Al-Kabah (is a low wall originally part of the Kabah) and passing behind it is an obligation while making Tawaf because it is a part of the Holy Kabah. And Allah Knows Best.

Is it permissible to offer an Udhiyah on behalf of another without their permission?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is not permissible for a person to offer a sacrifice (Udhiyah) on behalf of someone else without their permission, except in the following cases: if he sacrifices on behalf of the members of his household, if a guardian sacrifices from his own wealth on behalf of his ward, or if the Imam (ruler) sacrifices from the public treasury (Bayt al-Mal) on behalf of the Muslims. And Allah the Almighty knows best.

Is it obligatory to have an intention (niyyah) for every prayer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is obligatory for the worshiper to have a specific intention (Niyyah) for every prayer, meaning they must consciously intend the act of worship they are performing. The intention is a pillar (Rukn) of the prayer, and the prayer is not valid without it. It is not a requirement to utter the intention verbally; rather, doing so is considered a recommended Sunnah. And Allah the Exalted knows best.

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