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
