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

Should the Zakah (obligatory charity) giver tell the poor recipient that this is the Zakah of his money?

No, he shouldn`t. But, the Zakah giver should make an intention in his heart that it is the Zakah of his money when paying it to the poor. And Allah Knows Best.

What is the ruling on Tarawih prayer?

Tarawih prayer is a confirmed Sunnah (Sunnah Mu’akkadah).

Is it permissible to offer an Udhiyah on behalf of the deceased?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Offering a sacrifice (Udhiyah) on behalf of the deceased is permissible. This is the position of the Hanbalis [Kashshaf al-Qina’ by al-Bahuti (Vol.6/P.428)], and it was held by al-Abbadi of the Shafi’is [Bidayat al-Muhtaj by Ibn Qadi Shuhbah (Vol.4/P.358)]; it is also narrated from some Maliki and Hanafi scholars.
 
Abu Dawud included a chapter in his Sunan titled "Chapter: Offering the Sacrifice on Behalf of the Deceased," in which he narrated from Hanash, who said: "I saw Ali (may Allah be pleased with him) sacrificing two rams. I asked him, 'What is this?' He replied, 'The Messenger of Allah (peace be upon him) enjoined me to sacrifice on his behalf, so I am sacrificing on his behalf.'"
 
Abu Dawud also narrated from Jabir (may Allah be pleased with him) that the Prophet (peace be upon him) said: "O Allah, this is from You and for You, on behalf of Muhammad and his Ummah; in the name of Allah, and Allah is the Greatest," then he slaughtered it. It is well known that among the Ummah of Muhammad (peace be upon him) are those who have passed away, yet he (peace be upon him) dedicated it to his entire Ummah.
 
Furthermore, multiple Sharia texts have consistently indicated that the rewards of righteous deeds reach the deceased. This includes the permissibility of fasting on behalf of the deceased if they died owing fasts, as well as the permissibility of performing Hajj on their behalf, both of which are established in authentic Hadiths. Since the rewards for fasting—a physical act of worship—and Hajj—a physical and financial act of worship—reach the deceased, then the sacrifice (Udhiyah) is even more likely to reach them.
 
Moreover, the scholars have reached a consensus (Ijma') that the rewards of charities reach the deceased, and the Udhiyah is a form of charity and falls under its general category. Based on all of this, we hold the view that offering a sacrifice on behalf of the deceased is permissible. And Allah the Almighty knows best.

Is it recommended (mustaḥabb) for the one offering  a voluntary sacrifice (uḍḥiyyat taṭawwuʿ) to eat from its meat?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
It is recommended (mustaḥabb) — not obligatory — for the one offering a voluntary sacrifice (uḍḥiyyat taṭawwuʿ) to eat from it. Allah Almighty says {what means}: "So eat from them and feed the desperate (qāniʿ) and the beggar (muʿtarr). Thus We have subjected them to you that you may be grateful."— [Sūrat al-Ḥajj (22): 36]
 
Explanation of terms:
 
Al-Qāniʿ — the poor person who does not ask people for money, food..eccetera.(beg)
 
Al-Muʿtarr — the poor person who does ask people for money, food..eccetera (begs)
 
And Allah Almighty knows best.