Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(174): "Ruling on Salaries Obtained from Working for a non-Islamic Bank"

Date Added : 27-10-2015

Resolution  No.(174) (6/2012) by The Board of Iftaa`, Research and Islamic Studies:

"Ruling on Salaries Obtained from Working for a non-Islamic Bank"

Date: (14/7/1433 A.H); (4/6/2012 A.D)

 

All perfect praise be to Allah. Blessings and peace be upon Prophet Mohammad and upon his family and companions.

On the above date, the Board reviewed the following question:

A person had spent (28) years working for a usurious bank, then he repented to Almighty Allah. What should he do with the severance pay, the pension, the savings obtained from his work, and the assets that he had bought like the house; taking into consideration that he has no other source of income. Another person has spent three years working for the same bank, so what should he do-in case he wanted to repent-with his share from the social security and the Savings Fund, his savings from his salary, the assets that he had bought such as his car ?

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

The ruling on working for usurious banks is bound by the nature of the work itself, so if the employee`s job doesn`t involve  usurious interests, and assisting in that, then his work is permissible and there is no harm in doing it. Therefore, there is no harm in taking the severance pay and his salaries from the social security.

However, if his work involved usurious interests, and assisting in that, then his work isn`t permissible since Almighty Allah Says in the Noble Quran: “Help ye one another in righteousness and piety, but help ye not one another in sin and rancour: fear Allah. for Allah is strict in punishment.” {Al-Mai`da/2}. In Sahih Muslim (1598), Jabir (May Allah be pleased with him) said: “The Messenger of Allah (PBUH) cursed the one who accepts Ar-Riba (the usury), the one who pays it, the one who records it, and the two persons who stand witness to it.He said: all of them are equally sinful.”

Therefore, the salaries and the nonwage awards that he had obtained out of that job are ill-gotten money which he isn`t permitted to take, rather, he should seek repentance from Allah, show remorse, ask for forgiveness, and show determination not make use of that money. As regards the rest of the money, he should give it to charity.

However, there is no harm in keeping the assets that he needs for himself and for his family such as the house and the car. He can also keep the money that he needs to support his family since Al-Imam Al-Ghazali (May Allah bless his soul )said: “He may give this money as a charity to himself and to his family in case they were poor, rather, they are more entitled to it than anyone else. He may also take as much as he needs because he is poor as well.” {Ihya`a Oloum Ad-deen}.

As regards the salaries obtained from the social security, there is no harm in taking them since the Board of Iftaa` had issued resolution No.(133) which permits subscribing to the social security based on the fact that “The Social Security Fund is  part of the public treasury.”

If the money that he paid as a donation to that Fund was ill-gotten, it doesn`t render the pension that the Fund pays him (the subscriber) illegitimate since the social security contract isn`t a compensation contract so that it could be said that ill-gotten money is compensated with ill-gotten money, rather, it is a bare contract intended to achieve solidarity. It is incumbent on the person who subscribed in the Fund with ill-gotten money to repent from making such money, and so there is no harm in benefitting from the pension deducted for him after that; particularly in case he was ignorant that his work in the bank was unlawful. And Allah Knows Best.

 

 

Chairman of the Iftaa` Board, The Grand Mufti of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh.

Vice-Chairman of the Iftaa` Board, Prof. Ahmad Helayel

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

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Pro. Mohammad Al-Qhodat/ Member

     Dr. Wasif Al-Bakhri

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Khair Al-Essa/ Member

Dr.Mohammad Al-Zou`bi/ Member

 

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Summarized Fatawaa

What is the ruling on the follower`s prayer if the Imam stands for a fifth rak`ah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If the Imam stands up for an extra unit (rak‘ah) of prayer out of forgetfulness, he must return to the sitting position as soon as he remembers, and he should perform the prostration of forgetfulness (Sujud al-Sahw). It is the duty of the congregants (Ma’mumin) behind him to remind him. However, if the Imam is in a state of doubt regarding the extra unit (and not certainty), it is not permissible for him to return.
 
As for the congregants: anyone who is certain that the Imam has stood for an extra unit is forbidden from following him. In this case, the follower has two choices: either intend to separate from the Imam (Mufaraqah) and finish the prayer alone, or wait for the Imam in the sitting position and perform the final salams with him—the latter being the preferred option. If a follower knowingly follows the Imam into an extra unit, their prayer becomes invalid. However, if a follower is in doubt and not certain of the mistake, they must continue following the Imam, as the Imam was appointed to be followed.
 
It is stated in Al-Majmu’ (Vol.4/P.145): 'If [the Imam] stands for a fifth rak‘ah, the follower should not follow him, even if it is assumed that the Imam might have omitted a pillar from a previous unit; because if the reality is known, following him is impermissible since the follower has certainly completed their own prayer. Even if the follower had missed a previous unit (Masbuq) or was in doubt about performing a pillar like the Fatihah, and the Imam stood for the fifth, it is not permissible for the latecomer to follow him in it. This is because we know that this unit is not counted for the Imam and that he is mistaken in performing it.' And Allah the Exalted knows best.

What do you say about someone who stays up all night on Laylat al-Qadr but misses Fajr prayer?

Such a person has deprived themselves of a great reward. Performing obligatory acts is more beloved to Allah than voluntary acts. Fajr prayer is an obligation, and performing it in congregation is equivalent to worshiping for the entire night. So how can someone neglect it while striving for voluntary prayers?!

Is it permissible to give to the poor from among the People of the Book from the Udhiyah?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
It is permissible to give to the poor among the People of the Book from a voluntary sacrifice (uḍḥiyyat taṭawwuʿ), just as it is permissible to give charity (ṣadaqah) to them. This opinion is a view (wajh) within the Shāfiʿī school, which was favored by al-Muḥibb al-Ṭabarī and Imam al-Nawawī. [See: Ḥāshiyat Ibn Qāsim al-ʿAbbādī ʿalā Tuḥfat al-Muḥtāj (Vol.9/P.365)]. And Allah Almighty knows best.

Who is required to give fidyah for fasting?

Fidyah—feeding one needy person for each missed fasting day—is required for:
1. Those who are permanently unable to fast, such as:
○ Elderly men and women who are too weak to fast.
○ People with chronic illnesses that have no hope of recovery.
2. Pregnant or breastfeeding women who break their fast out of fear for their child (fetus or infant).
3. A person who delays making up Ramadan fasts (qada) until the next Ramadan begins, without a valid excuse.
4. The estate of a deceased person who had missed obligatory fasts and had the ability to make them up but did not do so.