Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(55): “Ruling on Receiving a Financial Compensation against Procrastination in Payment“

Date Added : 28-10-2015

 

Resolution No.(55): “Ruling on Receiving a Financial Compensation against Procrastination in Payment“

Date: 22/8/1422 AH corresponding to 7/11/2001 AD.

 

Question:

The Municipality of Irbid took possession of a plot from the lands of Irbid in 1987, owned by the Orphans` Fund Development Foundation for a price estimated at that time with (82215) JDs. (51215) JDs of that sum were paid to the Foundation and (31000) JDs remained due on the Municipality until 31/12/1999, when the Foundation filed a suit to collect the remaining amount. Later on, a court order was issued whereby the municipality was forced to pay off the price of the land (31000) JDs in addition to the statutory interests estimated at (32355) JDs and (600) fils, and so the Municipality did settle all the due sums during January 2000. However, the Orphans` Fund deposited the interests in the above plot`s bank account temporarily.

Please clarify the Sharia ruling as regards disposing of these interests, taking into consideration that article(4) of the Orphans` Foundation`s law No.(20) for the year 1972 states: “The Foundation aims at developing orphans` funds by investing them in legitimate businesses that don`t violate the rules of  Islamic Sharia “?

Answer: All success is due to Allah.

The procrastination on the part of Irbid`s Municipality in paying the remaining sum of the land`s price is considered a violation to the funds of the orphans and an act of injustice against them for the Prophet (PBUH) said in this regard: “Procrastination (delay) in paying debts by a wealthy man is injustice. So, if your debt is transferred from your debtor to a rich debtor, you should agree. “ {Al-Bukhari}. In addition, the Messenger of Allah said: "if one who can afford it delay repayment, his honor and punishment become permissible." {Muslim}. 

Therefore, the Municipality`s procrastination hindered the development of the orphans` funds through legitimate businesses decreed by the law-giver for the Prophet (PBUH) said in this regard {what means}: “One who becomes the guardian of an orphan, who owns property, must trade on his behalf and not leave it (saved and unused) until it is all eaten up by Zakah (which is paid yearly).” {Related by At-Tirmidhi and Ad-Daraqutni with a weak chain of narrators...}.

Therefore, the Board is of the view that a suitable compensation must be estimated in light of the harm done to the orphans` funds during the delay period, and to be paid in accordance with the average of the profits distributed on the orphans deposits during that period.

For example, if the average was 5%, then the amount due to the orphans is this average multiplied by the number of delayed years. These profits are permissible from the view point of Islamic Sharia and aren`t considered from the usurious interests because they are a compensation against  the harm done to the orphans` funds resulting from delay in payment on the part of the debtor, which impeded developing and investing them in legitimate businesses. 

The extra amount of profit that remains after giving the orphans their due shares is unlawful money (according to many scholars), and must be given to the poor and for charity. The Board also deems that this extra money must be deposited in the reserve account stated in clause (G), article (14) of the Orphans` Fund Development Foundation, and reads as follows: “The Board may dedicate more than 25% of the reserve earnings of the Islamic institutions or give cash assistance to underage orphans and needy Muslim students.” And Allah Knows Best.

 

Iftaa` Board

Chairman of the Iftaa` Board, Chief Justice, Izz Al-Deen Al-Tamimi

            Dr. Mohammad Abu Yahia

           Dr. Abdulsalam Al-Abbadi

    Dr. Yousef Gheezaan

Dr. Wasif Al-Bakhri

         Dr. Abdulaziz Al-Khayaat

  Sheikh Saeid Hijjawi

      Sheikh Na`eim Mojahid

               Sheikh Mahmoud Shwayyaat

 

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Summarized Fatawaa

How to pay Zakah (obligatory charity) due on articles of merchandise?

Articles of merchandise are estimated by their whole sale market price at the end of each lunar year, and (2.5%) of their value is paid as Zakah whether it (value) went up, or down compared to actual purchasing price, and whether the increase (profit) was in the article itself such as an increase in the animal`s weight, or in the prices themselves. And Allah Knows Best.

What is Tarawih prayer?

Tarawih prayer is the night prayer (Qiyam) performed during the month of Ramadan. It is called "Tarawih" because Muslims used to prolong the standing (qiyam) in it and take brief rests after every four rak‘ahs.

Is it obligatory to have an intention (niyyah) for every prayer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is obligatory for the worshiper to have a specific intention (Niyyah) for every prayer, meaning they must consciously intend the act of worship they are performing. The intention is a pillar (Rukn) of the prayer, and the prayer is not valid without it. It is not a requirement to utter the intention verbally; rather, doing so is considered a recommended Sunnah. And Allah the Exalted knows best.

Is it required to fast consecutively when making up missed fasts?

● It is preferable to fast consecutively when making up missed fasts if they were missed due to a valid excuse.
● However, if the fasts were missed without a valid excuse, then fasting consecutively is obligatory, because making up the missed fasts in this case must be done immediately.
Separating the makeup fasts goes against the obligation of immediacy, but if someone does so, their fasts will still be valid. However, they will be sinful for delaying without a valid reason.