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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(146): "Ruling on a Muslim Taking his Share of the Estate from a Usurious Bank

Date Added : 05-10-2015

Resolution  No. (146) (11/2010), By The Board of Iftaa', Research and Islamic Studies:

"Ruling on a Muslim Taking  his Share of the Estate from a Usurious Bank"

Date: 2/9/1431 A.H corresponding to 12/8/2010 A.D

 

All praise be to Allah, peace and blessings be upon Prophet Mohammad and upon  all of his family and companions:

The Board of Iftaa`, Research and Islamic Studies reviewed, in its 9th session held on Thursday(2/9/1431A.H) corresponding to (12/8/2010 A.D), the following  question:

My father passed away, and left us a sum of money which our mother didn`t divide  amongst us, rather , she kept it deposited  in a usurious bank for  thirty years; is it permissible for me to take my share and what is the ruling on paying the  Zakah due on it ?

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

What the mother did is unlawful in Islamic law because once the father died, the money  is transferred to the possession of the heirs-each according to his/her share. The degree of unlawfulness as far as the mother`s act is concerned increases by her dealing in Riba (usury); therefore, she should seek repentance, ask for forgiveness, withdraw the money from that bank and divide it amongst the eligible heirs. On their part, the heirs must  get rid of the usurious amount in their shares  by giving  it up to charity, and Allah will reward them for doing so since He, The Most Exalted, Says (What means): “O ye who believe! Fear God, and give up what remains of your demand for usury, if ye are indeed believers. If ye do it not, Take notice of war from God and His Apostle: But if ye turn back, ye shall have your capital sums: Deal not unjustly, and ye shall not be dealt with unjustly.” {Al-Baqarah/278-279}.

The heirs are also obliged to give the Zakah due on their shares for one year in case each of them reached Nisaab (i.e. minimum amount of wealth liable for the payment of zakat). And Allah Knows Best.

 

 

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

Vice Head of the Iftaa` Board, Dr. Ahmad Hilayel

Dr. Yahia Al-Botoosh/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Dr. Mohammad Khair Al-Essa

Judge Sarrie Attieh

Dr. Abdulrahman Ibbdah/ Member

Dr. Mohammad Oklah/ Member

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

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Gharaibeh/ Member

Executive Secretary of the Iftaa` board, Dr. Ahmad Al-has`sanat

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Summarized Fatawaa

Is it permissible to make ablution without answering the call of nature after waking up?

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Is it permissible to offer the Eid sacrifice in a non-Muslim country?

Eid sacrifice is permissible anywhere, and Islamic Sharia hasn`t determined that it should be in an Islamic country, but poor Muslims should be given a share in order for it to be valid since it is an act of worship. A portion of that Eid sacrifice should be given at least to one poor Muslim, and if that wasn`t possible then the one offering it should consume it along with his family.

Is it permissible for a person who had vowed to give a certain amount of money to another, but didn`t find the latter to donate that money to the mosque?

In principle, the vowing person should abide by his vow as much as possible. Therefore, if he couldn`t find the person that he had made the vow for, then the vow itself is countless and nothing is due on its maker. However, if the latter happens to find the former later on then, he has to give him that money.

What is the best remedy for a person who experiences Waswasah (whispers of the devil) during Salah (prayer)?

Such a person should ignore the devil`s whispers, contemplate the Quranic chapters and verses that he/she recites, look directly at the place of Sujood (prostration), make supplication to Allah, and take refuge in Him from the cursed devil.

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