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Resolutions of Iftaa' Board


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

Is it permissible for me to eat from the animal that I slaughtered for Allah to protect my family?

It is permissible to eat from the non-vowed animal sacrifice, and the person is rewarded based on the amount of meat that he had given to the poor. However, there is no evidence in Islamic Sharia indicating that slaughtering an animal protects one`s family, but it is a way for thanking Allah, The Almighty, for his grace.

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

Which is more excellent for a woman: to pray in the mosque or in her house?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Our Master the Prophet ﷺ said: 'It is more excellent for a woman to pray in her house than in her courtyard, and more excellent for her to pray in her private chamber than in her house.' Therefore, a woman’s adherence to her home and her refraining from going to the mosques—in obedience to the command of Allah the Exalted—attains a great reward and abundant recompense. Furthermore, women praying in congregation within their homes is better than their attendance at the mosques, based on the aforementioned Hadith. And Allah the Exalted knows best.

What is the ruling on someone who is uncertain whether he omitted one of the ab‘āḍ of the prayer, such as being uncertain whether he omitted the first tashahhud?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The ab‘āḍ include the middle tashahhud and the qunūt in Fajr prayer — for which sujūd as-sahw (the prostration of forgetfulness) is prescribed if left out. Whoever is uncertain, during the prayer, whether he omitted one of these elements, should proceed on the assumption that he did not perform it, and should perform sujūd as-sahw accordingly.
It is stated in ‘Umdat as-Sālik (p. 63): "If he is uncertain... whether he omitted a specific ab‘āḍ element, or whether he performed sujūd as-sahw, or whether he prayed three or four rak‘ahs — he proceeds on the assumption that he did not do it, and performs sujūd as-sahw."
The original principle (al-aṣl) for someone uncertain about [having performed] the first tashahhud is that he assumes he did not perform it. And Allah, the Exalted, knows best.

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