Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(93): "Ruling on Investing Minor's Money by the Guardian"

Date Added : 02-11-2015

 

Resolution No.(93) by the Board of Iftaa' Research and Islamic Studies:

"Ruling on Investing Minor's Money by the Guardian"

Date: 3/8/1426 AH 7/9/2005 AD

 

 

Answer: The Board  decided  that is unlawful to develop or to invest a minor's property in accordance with the ruling of Shariaa, Also the minor must  be guided to make lawful earnings and avoiding unlawful earnings .

As a result, it's lawful for a guardian to invest or to develop a minor's money on condition of a commitment before Sharia Judge to do so in line with its rulings.

In case the guardian fails to fulfill his duties, it is considered unlawful and he is responsible for the minor's money which requires to invalidate his custody. And Allah Knows Best.

 

 

Chair man of the Iftaa' Board

Chief Justice/Izzaldeen At-Tamimi

Dr. Abd-Asslam Al-Abaddi

Dr. Yousef Ghaidahn

Dr. Abdolmajeed As-Salaheen

Sheikh Sai`ed Hijjawi

 

Dr. Wasif Al-Bakri 

Sheikh Abdulkareem Khasawneh

Sheikh Na`iem Mujjahid

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Summarized Fatawaa

What is the ruling of Islamic Law regarding one who purchases a sacrificial animal (uḍḥiyah) and it then develops a defect before slaughter?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a defect that invalidates the sacrifice (uḍḥiyah) arises after its purchase — for example, if one purchased a sound, defect-free animal, and it then developed a limp, blindness in one eye, or a similar defect before slaughter — it does not fulfill the requirement of a valid uḍḥiyah, according to the Shāfi'ī school.
It is stated in Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib (Vol.1/P.535): "Even if the limp develops [in the animal] while the knife is upon it, it still does not fulfill the requirement, because it is lame at the moment of slaughter — this is analogous to a case where a sheep's leg breaks and one hastens to slaughter it [in that condition]."
The Ḥanbalī school, however, held that if the one offering the sacrifice purchased the animal while it was sound and defect-free, and a defect then befell it afterward, the sacrifice remains valid and there is no obligation to replace it.
It is stated in Masā'il al-Imām Aḥmad, one of the Ḥanbalī reference works (Vol.8/P.4021): "I said: If a person purchases the sacrificial animal while it is sound, and it is then afflicted with illness, blindness in one eye, or a broken limb [before slaughter]? He [Imam Aḥmad] said: It is said that it still fulfills the requirement. Isḥāq said likewise, because he purchased it while sound, and the defect befell it only afterward, so it remains sufficient on his behalf." [End of quote]
Accordingly, a sheep afflicted with a defect that invalidates the sacrifice does not fulfill the requirement of a valid uḍḥiyah — whether the defect arose after purchase or during the slaughter itself — according to the Shāfi'ī school. However, there is no objection to following the Ḥanbalī position on this matter [as a valid alternative]. And Allah, the Most High, knows best.

I`m a pious Muslim woman, but my husband isn`t, what should I do?

You should exercise patience, make supplication that Allah guides him to the straight path, and keep advising him kindly.

What is the ruling on someone who intends to travel to Jeddah for two days — must he enter iḥrām from his place of residence [i.e., before passing the mīqāt]?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Whoever is firmly resolved in his intention to perform ‘Umrah before setting out on his journey, it is unlawful for him to pass beyond his country's mīqāt (the designated boundary point for entering the state of iḥrām) without entering iḥrām. If he does so, he must return to the mīqāt to enter iḥrām from there, provided he has not yet begun performing the rites of the pilgrimage — in which case nothing further is required of him. However, if he does not return, he must offer a sacrifice (sheep/goat), to be distributed among the poor of the Ḥaram.
It is stated in at-Tanbīh fī al-Fiqh ash-Shāfi‘ī (p. 71): "Whoever, intending to perform the rites [of ‘Umrah or Ḥajj], passes beyond the mīqāt and enters iḥrām only after it, must offer a sacrifice. However, if he returns to the mīqāt before beginning any of the rites, the sacrifice is waived from him."
Accordingly: whoever is firmly resolved in his intention to perform ‘Umrah before setting out on his journey must enter iḥrām at the mīqāt of his country through which he passes. Whoever fails to do so, passing beyond the mīqāt without entering iḥrām, and does not return, has sinned, and must repent to Allah, the Exalted; and he must offer a sacrifice, to be distributed among the poor of the Ḥaram. And Allah, the Exalted, knows best.

Is it permissible to purchase the Udhiyah on installments?

It is permissible to purchase the sacrificial animal (uḍḥiyyah) on installments or by borrowing its price. However, it is not recommended for the poor to do so, because they are not required to offer a sacrifice, and Allah does not burden a soul beyond its capacity. If doing so would lead to negligence in providing for one's dependents (nafaqah wājibah), then giving precedence to obligatory maintenance over borrowing to buy the sacrifice is appropriate. This is based on the saying of the Prophet (peace and blessings be upon him): "It is sufficient sin for a person to withhold food from those whom he is responsible to support."
 
Furthermore, the sacrifice is valid from one who has a debt, but it is preferable (awlā) to repay the debt first, especially if the debt is due immediately (ḥāll). And Allah Almighty knows best.