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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

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

Is it permissible for a husband to sell his wife`s jewelry if he was in a hard up?

A woman`s jewelry and dowry are her own property, and it is forbidden for the husband to take either without obtaining her approval. However, it is desirable for the wife to support her husband through considering her jewelry a sort of documented debt on him.

What is the ruling on someone who insults or deceives others while fasting?

Insulting or deceiving others is forbidden (haram) and diminishes the reward of fasting.
The Prophet ﷺ warned against deception, saying: "Whoever deceives is not one of us." [Narrated by Al-Tirmidhi]
However, their fast remains valid despite the sin.

A man insulted the Divine Essence; is it obligatory for him to perform Ghusl?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Insulting or blaspheming the Divine Essence (Dhat al-Ilahiyyah) constitutes apostasy (Riddah). The perpetrator of this grave sin must immediately repeat the two testimonies of faith (Shahadah) and sincerely repent to Allah the Exalted. It is recommended (Sunnah) for them to perform a ritual bath (Ghusl), though it is not a mandatory condition [for the validity of their return to Islam]. And Allah the Exalted knows best.

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