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Resolutions of Iftaa' Board

Resolution No.(202): "Ruling on Collecting Zakah in Return for a Known Percentage from the Collected Amount"

Date Added : 05-10-2015

Resolution  No.(202) (12/2014), by The Board of Iftaa', Researches and Islamic Studies:

 Ruling on Collecting Zakah in Return for a Known Percentage from the Collected Amount

Date: (25/Shawal/1435 A.H); corresponding to (21/8/2014 A.D)

 

All praise is due to Allah, peace and blessings be upon Prophet Mohammad and upon his family and companions.

The Board of Iftaa`, Research and Islamic Studies reviewed, in its tenth session held on Thursday (25/Shawal/1435 A.H)-(21/8/2014 A.D), the formal letter of His Eminence, the Secretary-General of the Ministry of Religious Endowments, and it reads as follows:

A company working in the media sector is about to start a TV show for raising monetary and in-kind donations for the Zakaah Fund. The show includes conducting field visits to beneficiaries of the Fund in order to brief them on its various activities and projects for promotional purposes provided that (25%) of the donations is used to cover the expenses of production, photography..etc. Would your grace refer this matter to the Iftaa` Board in order to clarify the ruling of Sharia in this regard.

After careful study and deliberation, the Board decided what follows:

The funds of Zakah (obligatory charity) are a trust at the disposal of the Zakah Fund. The Fund is to safe keep, take care of and spend from these funds in line with what Allah, The Almighty, Has Prescribed. He Says (What means): “Alms are for the poor and the needy, and those employed to administer the (funds); for those whose hearts have been (recently) reconciled (to Truth); for those in bondage and in debt; in the cause of God; and for the wayfarer: (thus is it) ordained by God, and God is full of knowledge and wisdom.” {At-Tawbah/60}.

Giving a portion from the collected Zakah funds to such a company is inconsistent with  any of the eight categories mentioned in the aforesaid verse since those employed to administer the funds are entitled to receive an amount parallel to their work and effort, and in accordance with specified rulings that aren`t met in this situation particularly since the company is charging a percentage that could grow to become thousands of JDs which results in squandering the Zakah funds in channels other than those for which it has originally been prescribed. This is in addition to the fact that Zakaah hasn`t been prescribed to be a factor in multiplying the wealth of media companies. Accordingly, we deem that such a project is impermissible from the view point of Sharia. And Allah Knows Best.

 

Head of the Iftaa` Board, The Mufti General of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh.

Dr. Yahia Al-Botoosh/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Dr. Mohammad Khair Al-Essa/ Member

Prof. Abduln`nassir Abu Al Bass`al/ Member

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Zou`bi/ Member

 

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Summarized Fatawaa

Does collecting saliva and swallowing it break the fast?

Swallowing collected saliva does not break the fast, but it is an unnecessary and meaningless act.

What are the nullifiers of fasting?

1. Anything that enters the body cavity intentionally, even in small amounts, through an open passage such as the mouth, nose, ears, front, or back private parts.
2. Intentional vomiting.
3. Sexual intercourse.
4. Masturbation.
5. Menstruation and postnatal bleeding.
6. Insanity.
7. Apostasy.
8. Fainting if it lasts for the entire day.

I hired a private tutor for my son through an academy that sends teachers [to families] and takes a percentage [of their pay]. At the start of the [new] school year, I arranged directly with that same teacher, without the academy's knowledge. What is the ruling on this?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The ruling on this matter depends on knowing the specific terms of the agreement and contract concluded with the academy. If the agreement stipulates that no arrangement may be made with any of the students except through the academy itself, then it is not permissible for you to breach the terms of this contract, based on the words of our master, the Messenger of Allah ﷺ: "Muslims are bound by their conditions." (Related by al-Bukhārī)
However, if the agreement pertains only to teaching a specific subject, and the agreement concludes once that subject is finished, then there is no objection to arranging with the teacher to teach other subjects after the contract period has ended, outside of the academy.
Whatever the case maybe, the teacher must uphold the terms of his contract with the academy. And Allah, the Exalted, knows best.

What is the ruling on someone who possesses cash reaching the niṣāb (minimum threshold liable for zakah), and then uses part of it to purchase gold before the ḥawl (lunar year) is complete — must he pay zakāh on all of it [combined], or only on the remaining cash, excluding the gold?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Gold acquired for hoarding and saving is subject to zakāh once it reaches the niṣāb (minimum threshold liable for Zakah) — when combined with any cash held — and once a full ḥawl (lunar year) has elapsed over it. The starting point for calculating this ḥawl is the ḥawl of the paper currency [used to purchase it], which had already reached the niṣāb and was then used to purchase the gold.
It is stated in Mughnī al-Muḥtāj (Vol.2/p.78): "As for someone who sells silver in exchange for gold, or vice versa, zakāh remains obligatory upon it, since he builds [the calculation of] its ḥawl upon [the ḥawl established at the time of] the original transaction [i.e., when the wealth was first acquired]."
This has already been explained in detail in Fatwa No. 2670 — please refer to it.
And Allah, the Exalted, knows best.

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