Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(320): "Entitlement to Financial Benefits of Solidarity Funds is Subject to Related Instructions"

Date Added : 17-01-2023

 

Resolution No.(320), By The Board of Iftaa', Researches and Islamic Studies:

"Entitlement to Financial Benefits of Solidarity Funds is Subject to Related Instructions"

Date: (21 Jumada al-Ula, 1444 AH), corresponding to (15/12/2022 AD).

 

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.

 

In its fifteenth meeting held on the above date, the Board of Iftaa` reviewed the letter No.(11367/1444) sent from the Jordanian Constructions Contractors Association. It stated the following:

We would like to inform you that our late colleague Mr.X passed away on 4 June 2022. Under the Social Solidarity Fund System, testamentary heirs are entitled to financial benefits. However, when the beneficiaries went to collect these benefits from the SSF, they were told that there was a discrepancy between the inheritance deed and the will of the deceased in the application form of the SSF at the JCCA. In that form, the deceased stated that the financial benefits go to his wife and children while in the inheritance deed it is stated that he had a second wife and that the date of the will was earlier than the date of the second marriage. In light of this, what is the legal and Islamic ruling on the entitlement of the second wife to any financial benefits from the SSF at the JCCA?

After deliberations, the Board decided the following:

Islamic Solidarity Funds are based on contributions and cooperation amongst a group of people who agree on paying specific sums of money as a gift to the fund in return for agreed upon sums in case of affliction befalling any of them (subscribers) such as death, and such an act is recommended in Sharia. Almighty Allah Says  in the Holy Quran (What means): “Help ye one another in righteousness and piety, but help ye not one another in sin and rancor.“ {Al-Maida/2}. Here, the money of the SSF isn`t privately owned. Rather, it belongs to all the subscribers and the contract between them is not a contract of debt; rather, it is a commutative contract. This means that entitlement to the financial benefits depends on the system of the Fund itself and doesn`t undergo the rulings of Sharia on inheritance and bequests because these benefits aren`t part of the deceased`s estate, but a gift from the Fund to the beneficiaries. 

 

As understood from the contract of the SSF in light of the above question, the beneficiaries, in case of the subscriber`s death, are his wife and children. The general rule is that "Wife and children" apply to those who are wives and those who are children of the subscriber since the first wife may pass away during the lifetime of her husband (Subscriber) without having given birth to any children. Moreover, he may marry a second wife and she may give birth to children, and he may have both wives. Therefore, financial benefits go to the wives and the children, regardless of being a first or a second wife, because the criterion in (the construction of) contracts is intentions and meanings and not words and form. Rather, the word "Wife" in the application form of the SSF includes the second wife, so she is eligible to receive her share of the Fund`s payments. And Allah The Almighty Knows Best.

 

Grand Mufti of Jordan, Sheikh Abdulkareem Al-Khasawneh

Dr. Mohammad Al-Khalayleh/ Member

Prof. Mahmoud Al-Sartawi/ Member

Sheikh Sa`eid Hijjawi/ Member

Prof. Amjad Rasheed/ Member

Prof. Adam Nooh Al-Qhodah/ Member

Dr. Jameel Khatatbeh/ Member

Dr. Ahmad Al-Hasanat/ Member

Dr. Mohammad Younes al-Zou`bi/ Member

 

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Summarized Fatawaa

Is it obligatory for someone traveling by plane in the afternoon during Ramadan to fast?

Anyone who intends to travel after dawn must begin the day fasting and continue with the intention of completing their fast, as fasting was obligatory upon them before traveling.
However, if they experience unbearable hardship after starting their journey, they are permitted to break their fast due to that hardship, not merely because of travel. In such a case, they must make up for the missed fast later.

If someone regularly fasts the six days of Shawwal, are they obligated to fast them every year?

A person is not obligated to fast the six days of Shawwal every year, even if they have made it a habit. However, someone who regularly performs a good deed should not abandon it as long as they are able.

What is the ruling on ablution without istinja' after sleep?

The sleep of one whose buttocks are not firmly seated on the ground invalidates ablution. Whoever wakes up and wants to pray must perform ablution only. Istinja' is not a condition for the validity of ablution, because it is for removing impurity from the private part. If there is no impurity on the private part, then istinja' is neither obligatory nor recommended. And Allah the Almighty knows best.

Who is the one required to slaughter the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah for the 'aqīqah to be slaughtered by the guardian of the newborn — the one upon whom the child's financial maintenance is obligatory — provided he is financially capable of doing so. 'Alī ibn Abī Ṭālib, may Allah be pleased with him, reported: "The Messenger of Allah ﷺ performed the 'aqīqah for al-Ḥasan with one sheep." — Narrated by al-Tirmidhī. And Allah Almighty knows best.