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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 incumbent upon the one offering the sacrifice if, after slaughtering the animal, they discover that one of its internal organs is damaged or diseased?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
The presence of disease or defect in the internal organs of a sheep does not affect the validity of the sacrificial animal, unless the disease leads to the animal becoming emaciated and its meat becoming corrupted.
 
It is stated in al-Iqnā' (2/590) by Imam al-Shirbīnī: "The third disqualifying condition: an animal with a manifest illness — meaning one whose illness visibly results in emaciation and corruption of its meat. However, if the illness is minor and does not produce such effects, it doesn`t affect the validity of the sacrificed animal." And Allah Almighty knows best.

I vowed to give a specific charity if a certain matter came to pass — what is the ruling on giving that charity before the matter is realised?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Fulfilling a vow (nadhr) is obligatory, in accordance with the word of Allah the Almighty: "And let them fulfil their vows." [Al-Ḥajj/ 29] And the saying of our master the Messenger of Allah ﷺ: "Whoever vows to obey Allah, let him obey Him; and whoever vows to disobey Him, let him not disobey Him." (Reported by al-Bukhārī.)
The Shāfiʿī scholars distinguished between a financial vow (nadhr mālī) and a bodily vow (nadhr badanī). They permitted the fulfilment of a financial vow to be brought forward — before the stipulated condition is met — but did not permit the same for a bodily vow, which may only be fulfilled after the condition has actually been realised.
Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, states: "It is permissible to bring forward the fulfilment of a financial vow before the condition stipulated in it is met — such as saying: 'If I am healed, I vow to free a slave' or 'to give such-and-such in charity' — just as it is permissible to pay zakāh in advance. This is unlike a bodily vow, such as fasting." [Asnā al-Maṭālib, vol. 4/P.246]
Imām al-Bājūrī, may Allah have mercy upon him, states: "Like expiation other than fasting, a financial vow — such as saying: 'If Allah heals my sick one, I vow to free a slave for the sake of Allah,' or 'If Allah heals my sick one, I vow to free a slave on the Friday following the recovery' — it is permissible to bring it forward before the recovery in the first case, and before the Friday following the recovery in the second case." [Ḥāshiyat al-Bājūrī ʿalā Sharḥ Ibn Qāsim, Vol.2/P.596] And Allah the Almighty knows best.

What is the ruling on the cessation of blood after (40) days from delivery, but later continued sporadically during two days of Ramadan?

Once postpartum bleeding (Nifas) ceases, and the woman is certain that it won`t reoccur, then she becomes ritually pure and so she is free to make Ghusl (purificatory bath), pray, and fast. If the bleeding reoccurs before fifteen days from its cessation, and before the end of (60) days after delivery, then the ruling on postpartum bleeding is effective, and her fasting and prayer are null and void, thus she must make up the fasting that she missed and not the prayer during those particular days.

How many Rak`ahs (unit of prayer) are offered in Witr prayer?

All perfect praise be to Allah, The Lord of The Worlds                                                                                                                                                                  Witr (an odd number prayer performed between Isha`a and Fajr) is offered with a minimum of one Rak`ah, and a maximum of eleven, but offering three Rak`ahs is the minimum of its complete form. And Allah Knows Best.

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