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 a woman who gets her menstrual period while fasting?

If a woman gets her menstrual period while fasting, her fast (of that day) becomes invalid, and she must make up for the missed days after Ramadan. Allah has granted ease to women in this situation, and she will be rewarded for not fasting because she is following Allah’s command.

Why was the exact date of Laylat al-Qadr concealed?

The wisdom behind this is to encourage Muslims to strive in worship throughout all the nights of Ramadan, or at least in the last ten nights. By doing so, they will earn the reward of observing Laylat al-Qadr as well as the reward of worshiping on other blessed nights.

I broke my oath and am now obligated to pay the expiation for a broken oath (kaffārat al-yamīn). Would it be valid to fulfill this by inviting the poor and needy to a meal for them to eat from?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
The expiation for a broken oath (kaffārat al-yamīn) is given to the poor (fuqarā') and needy (masākīn), and it must be given in the form of ownership (tamlīk) transferred to them of the required amount — namely, one mudd of the staple food of the locality, or its equivalent monetary value. It isn`t valid to invite the poor or needy to a meal prepared for them to eat from, as this does not constitute "ownership" (tamlīk) but merely "permission to partake" (ibāḥah).
Imam al-Shirbīnī (may Allah have mercy on him) said: "What is intended is that ownership be transferred to them; therefore, providing them with lunch or dinner [as a meal to eat from] isn`t valid." [Summarized from Mughnī al-Muhtāj,Vol. 5/P.50]. And Allah the Almighty knows best.

What is the ruling on Zakat al-Fitr?

Zakat al-Fitr is obligatory upon every Muslim for themselves and for those they are financially responsible for, provided they possess wealth that is surplus to their and their family's needs on the night and day of Eid.
Ibn Umar reported: "The Messenger of Allah ﷺ made Zakat al-Fitr obligatory—one sa‘ (measure) of dates or one sa‘ of barley—upon every Muslim, whether slave or free, male or female, young or old." [Narrated by Al-Bukhari]
Its estimated amount is approximately 2,500 grams of wheat or rice, and the General Iftaa` Department issues an annual ruling specifying its monetary value.