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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(203): "Ruling on Giving the Imam and the Mo`azin a Bonus from the Revenue of an Endowment (2014)

Date Added : 05-10-2015

Resolution  No.(203) (13/2014), by The Board of Iftaa', Researches and Islamic Studies:

 "Ruling on Giving the Imam and the Mo`azin a Bonus from the Revenue of an Endowment (2014)"

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:

Would Your Grace clarify the Sharee`ah ruling on the permissibility of paying a monthly bonus to the Imam and the Mo`azin of Al-Bahir Mosque from the revenue of the stores located under it ?

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

There is no harm in paying a bonus to both from the revenue of this

blessed endowment (Waqf) in line with the condition made by the Waqif (Founder of the Waqf) mentioned in the enclosed document of the Waqf: “The revenue of this building is to be completely spent in favor of Al-Bahir`s mosque, and at the disposal of the committee in charge of it.”

In other words, the mosque`s committee enjoys the authority of determining the channels of disbursement that it believes to be in the best interest of the mosque. Accordingly, it is Islamicaly and rationally acceptable for the committee to regard paying the bonus as an apparent interest of the mosque`s since it encourages both of them to exert all their efforts in serving the prayer performers and delivering the message of the mosque honestly and sincerely through making use of being devoted and self-sufficient. Nevertheless, it is imperative that coordination is established with the Ministry of Religious Endowments in order to obtain the special permit since it enjoys the general guardianship over all the Awqaf (Endowments), and in order for this matter to be done in line with the blessings of the officials in charge and with complete honesty, Allah willing. 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

Should one who doesn`t perform prayer out of laziness make it up later, and how should he/she do so?

All perfect praise be to Allah,The Lord of The Worlds                                                                                                                                                              He/she is obliged to make up missed prayers by offering with each obligatory prayer another one, and if he/she offers two, then it is better. And Allah Knows Best.

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

Is it permissible to slaughter a single sheep with the combined intention of both the uḍḥiyyah and the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
According to Shaykh al-Islām Imam Ibn Ḥajar al-Haytamī, it is not permissible to combine the intention of the uḍḥiyyah and the 'aqīqah in a single animal, as each of the two has a distinct and separate cause that differs from the other.
However, Shaykh al-Islām Imam al-Ramlī permitted the combining of both intentions in a single animal — and this position offers a degree of latitude and ease. And Allah Almighty knows best.

What is the ruling of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.
The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).
We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.

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