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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 making up missed prayers during prohibited times?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to make up (qada’) missed prayers at any time, even during the periods when prayer is generally prohibited. The prayers that are forbidden and considered invalid during these times are 'absolute voluntary prayers' (nafl mutlaq)—which have no specific cause—and voluntary prayers whose cause follows the prayer itself, such as the Sunnah of entering Ihram or the Sunnah of the Istikharah prayer. Furthermore, no prayer is considered disliked (makruh) during these prohibited times when performed within the Meccan Sanctuary (Makkah al-Mukarramah).
 
It is stated in Bushra al-Karim (Vol.1/P.181), one of the Shafi’i texts: 'It is not forbidden to perform prayers that have a cause that is not delayed (i.e., the cause is preceding), such as making up a missed prayer (fa’itah)—even if it was a voluntary one—and the funeral prayer (janazah); or a cause that is simultaneous, such as the prayer for rain (istisqa’) or the eclipse prayer (kusuf)... and the Sunnah of wudu, the greeting of the mosque (tahiyyat al-masjid), the Sunnah of circumambulation (tawaf), the Sunnah of arrival, and the prostrations of recitation (tilawah) or thankfulness (shukr). These mentioned prayers and their like are not forbidden provided that one does not specifically intend (ta'ammud) to perform them during the disliked time because it is a disliked time. If one does so intentionally, it becomes forbidden, even if it is a mandatory makeup prayer that is due immediately; because in that case, one is acting in defiance of the Sharia. This is in contrast to when one does not specifically seek out that time, even if the prayer happens to fall within it, or if one seeks it for another purpose—such as delaying a funeral prayer to that time so that a larger number of people may pray over the deceased; in such cases, it is permissible and valid... And it is forbidden to perform prayers with no cause at all, like absolute nafl, or those with a delayed cause, such as the Istikharah prayer, the prayer for Ihram, the prayer for a need (hajah), the prayer before leaving the house, or the prayer before execution; because their causes occur after the prayer itself.' And Allah the Exalted knows best."

What is the ruling on omitting the prostration of recitation?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The prostration of recitation (Sajdat al-Tilawah) is a Sunnah for both the reader and the listener. There is no sin in omitting it, though doing so results in missing a great reward. Muslim narrated from Abu Hurairah (may Allah be pleased with him) that the Prophet ﷺ said: 'When the son of Adam recites a verse of prostration and prostrates, Shaytan withdraws weeping, saying: "Woe to him! (and in the narration of Abu Kuraib: "Woe to me!") The son of Adam was commanded to prostrate and he prostrated, so Paradise is his; and I was commanded to prostrate and I refused, so the Fire is mine."'
 
Sheikh al-Islam Imam al-Nawawi (may Allah have mercy on him) stated: 'It is recommended to prostrate immediately after reciting or hearing a verse of prostration. If one delays it but the interval is short, he may still prostrate. However, if the interval is long, the opportunity is missed.' [Rawdat al-Talibin Vol.1/P.323].
 
Furthermore, the prostration of recitation becomes obligatory (Wajib) in congregational prayer if the Imam prostrates, out of the necessity of following him. And Allah the Exalted knows best.

How is the meat of the 'aqīqah to be distributed?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
If the 'aqīqah is a recommended one (mandūbah), it is obligatory to give some portion of it in charity to the poor — even if the amount is small — with the minimum being approximately half a kilogram of meat.
The most preferable manner of distribution is to divide it into three equal portions, as with the uḍḥiyyah:
 
One third for the guardian and his household to eat from
One third to be given in charity to the poor
One third to be gifted to friends and neighbours, even if they are wealthy
 
It is furthermore more preferable to send the food to the poor already cooked, rather than inviting them to come and eat. And Allah Almighty knows best.

Is it valid to perform the obligatory prayer while sitting?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Standing (Al-Qiyam) while having the ability to do so is one of the pillars (Arkan) of the prayer; the obligatory (Faridah) prayer is not valid without it. However, whoever is unable to stand may pray sitting down. As for voluntary (Nafilah) prayers, it is permissible to pray them sitting even if one is able to stand, but the one sitting receives half the reward of the one who prays standing. And Allah the Exalted knows best.

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