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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

Does burping (belching) break the fast?

Burping does not break the fast. However, if anything comes up from the stomach, the fasting person must spit it out and rinse their mouth to cleanse it.
If they swallow it intentionally while being able to expel it, or if they swallow their saliva before rinsing their mouth, their fast is invalidated.

Is it permissible to slaughter a sheep on Eid al-Adha with the intention of charity (sadaqah) on behalf of a sick person, and with the intention of udhiyah (sacrificial animal) at the same time?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The udhiyah (sacrificial animal) is an act of worship intended for its own sake; therefore, it must be slaughtered with the intention (niyyah) of udhiyah.
 
Whoever intends to draw closer to Allah through this act of obedience with the intention of udhiyah, and also intends to gift the reward to another person, there is no Islamic objection to that. And Allah Almighty knows best.

Is Zakah (obligatory charity) due on owned land?

Zakah is due on the land used as an article of merchandise and was originally bought for that end. Zakah is due on it at the end of every lunar year. Its value is estimated, and (2.5%) of the total value of all such lands owned by the questioner is given as Zakah. However, no Zakah is due on the land used for building a house, or an agricultural purpose.

Is it enough to say Tasbeeh (Saying Subhaana Rabbiya Al-‘Atheem during Rukoo`, and saying Subhaana Rabbiya Al-A‘laa during Sujood ) once, or twice during Rukoo`(Bowing in prayer) and Sujood (Prostration)?

All perfect praise be to Allah, The Lord of The Worlds                                                                                                                                                                  Yes, saying Tasbeeh once during Rukoo` and Sujood is enough, provided that the worshiper`s attentiveness of the heart isn`t undermined during each. As regards the recompense, it depends on the number of Tasbeeh. And Allah Knows Best.

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