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

Who is responsible for performing the aqiqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The one upon whom the 'aqīqah is incumbent is whoever is obligated to financially maintain the newborn — whether the father, paternal grandfather, or mother. It is to be performed from their own wealth, not from the wealth of the newborn child.
As for one upon whom the financial maintenance of the newborn is not obligatory, they may not perform the 'aqīqah except with the permission of the one upon whom it is obligatory — namely, the father. And Allah Almighty knows best.

What is the ruling on a woman using contraception without her husband's knowledge if he is mistreating her?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is not permissible for a woman to use any means of delaying pregnancy without her husband's knowledge, consent, and mutual agreement. This is because having children is a sharʿī right belonging to both spouses equally in Islamic law. Imām al-Māwardī, may Allah have mercy upon him, stated: "The right to a child from a free woman is shared between them both" — meaning between the two spouses. [al-Ḥāwī al-Kabīr, 9/320]
It is therefore not permissible for either spouse to make a unilateral decision regarding the prevention of pregnancy without the consent of the other. We advise both spouses to discuss the matter with wisdom and mutual respect, so as to resolve any disagreement and arrive at a suitable solution that serves the interests of them both. And Allah the Almighty knows best.

What is the ruling on sending blessings and peace upon the prophet (PBUH) after the Adhan?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is a Sunnah to send blessings and peace (As-Salat wa al-Salam) upon the Prophet ﷺ after the Adhan and the Iqamah, for both the caller (Mu’adhin) and the listener. It is permissible to do so aloud after the conclusion of the Adhan. However, it is preferable to maintain a brief pause between the words of the Adhan and the prayers upon the Prophet ﷺ, so that people do not mistakenly assume that sending blessings upon him is an integral part of the Adhan itself. And Allah the Exalted knows best.

What is the ruling on swearing on the Holy Quran and breaking that oath?

It is impermissible to swear on the Holy Quran in vain, and it is also impermissible to subject it to such an act since breaking the oath after swearing on the Quran entails an expiation.