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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

Who is required to give fidyah for fasting?

Fidyah—feeding one needy person for each missed fasting day—is required for:
1. Those who are permanently unable to fast, such as:
○ Elderly men and women who are too weak to fast.
○ People with chronic illnesses that have no hope of recovery.
2. Pregnant or breastfeeding women who break their fast out of fear for their child (fetus or infant).
3. A person who delays making up Ramadan fasts (qada) until the next Ramadan begins, without a valid excuse.
4. The estate of a deceased person who had missed obligatory fasts and had the ability to make them up but did not do so.

What should one do if they see a fasting person eating or drinking forgetfully during Ramadan?

If someone sees a fasting person in Ramadan eating or drinking forgetfully, they should gently remind them to stop. Although the forgetful person is neither sinful nor has their fast broken, their action outwardly appears as something impermissible. Therefore, we should kindly remind them to refrain.

 I`m keeping a plot of land (10 Dunums) for my children. Is it liable for Zakah?

Praise be to Allah, The Lord of the Worlds.

Land that is purchased with the intention of ownership and personal benefit—meaning to retain it for use and not for trade—is not subject to zakāh, as such property is not considered from trade commodities (ʿurūḍ al-tijārah).
 
It is stated in Al-Ḥāwī al-Kabīr:
“If it is property and one intends it for trade, then zakāh is due upon it; but if he intends it for personal possession, then no zakāh is due upon it.” And Allah, the Exalted, knows best.

 

There are olive trees within the precincts of the mosque, and my father covers the costs of electricity, water, and other needs of the mosque. Is it permissible for him to take the olive harvest?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
If trees and fruit-bearing crops are planted in a mosque for the mosque itself, they may only be spent on the mosque’s interests. If they were planted for the public way (musabbalah), that is, for the general public, then any Muslim who enters the mosque may eat from them. If the planter’s intention is unknown, they are treated like those dedicated for public use, wherever custom has so run.
It is stated in Tuḥfat al-Muḥtāj (Vol.6/p.295): “The fruit of a tree planted for the mosque within it is not freely permitted without compensation. Rather, the imam spends its equivalent value on the mosque’s interests. The tree left its planter’s ownership here without any verbal declaration because of the evident indication. The case of planting it for the mosque excludes planting it as musabbalah, in which case eating from it without compensation is permissible, and likewise if his intention is unknown, where custom has so run. The tree may be uprooted from the mosque if the imam sees fit. Indeed, if he makes the plot a mosque while a tree stands in it, the imam may uproot it, even if the endower included it within the endowment (waqf).”
The father is a donor (mutabarriʿ), so he is not entitled to take anything in return for his donation to the mosque.
The Ministry of Awqāf is the body that supervises the affairs of endowments, so it must be consulted and the Sharīʿah and administrative instructions regulating such matters must be considered. And Allah Almighty knows best.

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