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

If the bleeding ceases after 40 days following childbirth, but then returns intermittently during two days of fasting, what is the ruling?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Whenever the post-natal bleeding (Nifas) ceases and the woman is certain it will not return, she has become pure; therefore, she must perform the ritual bath (Ghusl) and resume praying and fasting. However, if the blood returns within fifteen days of its cessation and before sixty days have passed since the delivery, the ruling of Nifas applies once again. Consequently, any fasting or prayer performed during that interval of purity is rendered invalid; she must make up for the missed fasts of those days, but she is not required to make up for the prayers. And Allah the Exalted knows best.

What is the ruling on giving Zakat al-Fitr in cash?

The default ruling is that Zakat al-Fitr should be given as the staple food of the land. In Jordan, for example, the staple food is wheat or rice, and the amount of Zakat al-Fitr is 2,500 grams per person. It is easy to give this amount of rice to the poor and needy, and this is the correct ruling according to all Islamic schools of thought.
However, Hanafi scholars have permitted giving Zakat al-Fitr as monetary value, considering it more beneficial for the poor and easier for the giver.

What is the ruling on eating and drinking at night after making the intention? Is it necessary to renew the intention?

Eating and drinking at night, even after making the intention (for the next day), does not affect the fast, and it is not necessary to renew the intention after eating and drinking.

What are the key differences between the 'aqīqah and the uḍḥiyyah?

 All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The following are the key differences between the 'aqīqah and the uḍḥiyyah:
First: The 'aqīqah is slaughtered as an act of drawing closer to Allah the Almighty and expressing gratitude for the blessing of a newborn child. The uḍḥiyyah, on the other hand, is slaughtered as an act of drawing closer to Allah and expressing gratitude to Him specifically during the days of slaughter (ayyām al-naḥr).
Second: The 'aqīqah is performed on the seventh day from the birth of the newborn, whereas the uḍḥiyyah is performed on Eid al-Aḍḥā and its time extends for three days after the Eid.
Third: The 'aqīqah is performed once in a lifetime for the newborn, whereas the uḍḥiyyah is recommended every year.
Fourth: It is Sunnah for the one intending to offer the uḍḥiyyah to refrain from cutting his hair and nails until after he has slaughtered. This is not a Sunnah for the one intending to perform the 'aqīqah.
Fifth: It is Sunnah for the 'aqīqah to be cooked and distributed to the poor in its cooked form. The uḍḥiyyah, by contrast, must be distributed as raw meat. And Allah Almighty knows best.