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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

Can Zakah or Zakat al-Fitr be given to a poor brother?

Yes, it is allowed to give Zakah or Zakat al-Fitr to a poor brother, as he is considered among the eligible recipients.

What is the ruling on discharging one's zakāh obligation through the provision of a specific benefit (manfa‘ah) — such as performing a surgical operation for a patient, or providing housing to a tenant, and counting the value of this service as zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is obligatory to pay zakāh from the actual asset (‘ayn al-māl) upon which zakāh is due, except in the case of zakāh on trade goods ('urūḍ at-tijārah), which is paid based on their monetary value. In all cases, zakāh must be given in the form of tamlīk (a full transfer of ownership), based on the words of Allah, the Mighty and Majestic (which mean): "Zakāh expenditures are only for the poor and for the needy, and for those employed to collect [zakāh], and for bringing hearts together [for Islam], and for freeing captives [or slaves], and for those in debt, and for the cause of Allah, and for the [stranded] traveler — an obligation [imposed] by Allah. And Allah is Knowing and Wise" [at-Tawbah/60]. The letter "lām" (لِ) in this verse — as in "lil-fuqarā'" ("for the poor") — indicates possession/ownership (lām al-milk).
It is not permissible to fulfill one's zakāh obligation by providing a benefit or service (manfa‘ah) — such as housing, education, or medical treatment — in place of the zakāh itself. This is because zakāh must be paid as wealth (māl) that is transferred into the ownership of the poor recipient, whereas such services are intangible benefits that are not, in themselves, capable of being formally transferred in ownership (ghayr qābilah lit-tamlīk). And Allah, the Exalted, knows best.

What should the one performing the slaughter say at the time of slaughtering the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah to say the following supplication at the time of slaughtering the 'aqīqah:
"Bismillāhi wallāhu Akbar, Allāhumma laka wa ilayka, hādhihi 'aqīqatu fulān."
("In the name of Allah, and Allah is the Greatest. O Allah, this is for You and unto You — this is the 'aqīqah of [the child's name].")
This is based on what al-Bayhaqī narrated in Al-Sunan al-Kubrā (Vol.9/P.511), that the Prophet ﷺ said: "Slaughter it in his name and say: In the name of Allah, and Allah is the Greatest. O Allah, this is for You and unto You — this is the 'aqīqah of so-and-so."
And Allah Almighty knows best.

What is the ruling on Friday Ghusl (ritual bath)?

Friday Ghusl is a confirmed Sunna (Prophetic tradition) even if a person wasn`t in a state of Janbah (ritual impurity), or physically unclean. However, one who doesn`t make Ghusl on Friday isn`t sinful for the Prophet (PBUH) said: "It is good for a Muslim to make ablution for Friday prayer, but it is better to make Ghusul. [At-Tirmithi & Abu Dawood].

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