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

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

How does a praying person prostrate?

All perfect praise be to Allah,The Lord of The Worlds                                                                                                                                                                        It is from Sunnah that he/she sits with both knees on the ground in order to prostrate, then hands, nose and forehead are placed on the same place. In addition, the toes have to touch the ground, and be directed towards the Qiblah (direction of Ka`bah) during prostration. And Allah Knows Best.

Is the father a Mahram (Non-marriageable) to his son`s mother-in-law?

The father is a non-Mahram (Marriageable) to his son`s mother-in-law, so it is impermissible for them to look at each other, or to have a seclusion (Khalwah).

Is it permissible for a wife to give her money to her family as a charity, or a gift without asking her husband, or seeking his consent?

The wife has the right to give her money as a charity, or a gift to her family, or to other people after consulting her husband out of respect, and this is the meaning of treating on footing of kindness and equity. Therefore, if he wanted to stop her from helping her family, then there is no harm in not telling him.