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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 for the wife to give the Zakah (obligatory charity) of her money to her poor husband?

Yes, it is permissible for the wife to give from the Zakah of her money to her poor husband. And Allah Knows Best.

Is fasting obligatory for a child?

Fasting is not obligatory for a child until they reach puberty. Puberty is determined by well-known signs, the most common of which are: nocturnal emission (for both males and females), menstruation (for females), or reaching the age of fifteen lunar years.
A guardian must instruct their children to fast once they reach the age of discernment, which is around seven years old, if they are capable of fasting.

How does a praying person prostrate?

All perfect praise be to Allah,The Lord of The Worlds                                                                                                                                                                        It is from Sunnah that he/she sits with both knees on the ground in order to prostrate, then hands, nose and forehead are placed on the same place. In addition, the toes have to touch the ground, and be directed towards the Qiblah (direction of Ka`bah) during prostration. And Allah Knows Best.

What should a person, who doubts the validity of his Wudu, or over performs it, do?

One who doubts the validity of his/her Wudu while performing it should redo it until he/she is certain of having attained purity. But, if doubt was after having performed Wudu, then he/she should not pay attention to that as doubt after the end of an act of worship does not count. This is of course in case doubt was within the reasonable limits since once it goes beyond that, it becomes a whispering of the Shaytaan (devil) which he/she should ignore as the Wudu is valid.

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