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

What is the ruling on ablution if vaginal discharge is expelled, and is it impure?

If these discharges exit from the external genitalia (apparent part of the vagina), they are not impure and do not invalidate ablution. If they exit from the internal part, they are impure and do invalidate ablution. If it is uncertain whether they are from the internal or external part, they are not impure and do not invalidate ablution.
 
The apparent part is what becomes visible when sitting, and what the husband's penis reaches during intercourse is considered part of the apparent. The internal part is what is beyond that. And Allah the Almighty knows best.

 I`m keeping a plot of land (10 Dunums) for my children. Is it liable for Zakah?

Praise be to Allah, The Lord of the Worlds.

Land that is purchased with the intention of ownership and personal benefit—meaning to retain it for use and not for trade—is not subject to zakāh, as such property is not considered from trade commodities (ʿurūḍ al-tijārah).
 
It is stated in Al-Ḥāwī al-Kabīr:
“If it is property and one intends it for trade, then zakāh is due upon it; but if he intends it for personal possession, then no zakāh is due upon it.” And Allah, the Exalted, knows best.

 

What is the ruling on performing dry ablution (tayammum) on a wall or stone?

One of the conditions for tayammum is that it be with pure, clean dust (soil). It is not valid to perform tayammum by striking stones, a wall, sand that has no dust (i.e., that does not produce dust), pebbles alone, or clay, as these are not from the earth or its same category. And Allah the Almighty knows best.

How do I deal with whispers (waswasa) in ablution and purification?

Whispers in ablution are from Satan, and the Muslim should not pay attention to them. He is not required to re-perform ablution or repeat washing a limb because of waswasa. He should always base his purification on its being valid. It is recommended for him to frequently say "La ilaha illa Allah" (There is no god but Allah), because Satan recoils when Allah is mentioned. And Allah the Almighty knows best.