Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(111): “Ruling on the Profits Yielding from the Operating of the Savings Bank Funds of the Arab Potash Company`s Staff at Jordan Export and Finance Bank and Jordan International Insurance Company

Date Added : 28-10-2015

 

Resolution No.(111): "Investing Profits of Arab Potash Company Deposit Staff's Fund at Jordan Export and Finance Bank and Jordan International insurance Co."

Date: 23/7/1427 AH, corresponding to 17/8/2006 AD.

 

The Board received the following question:
What is the ruling of Islamic Sharia regarding the profits yielding from operating the savings bank`s funds of the staff of the Jordan Potash Company at Jordan Export and Finance Bank and Jordan Insurance Company?
Answer: All success is due to Allah
The Board is of the view that the aforementioned profits are unlawful, for Allah The Almighty Says in the Noble Quran {what means}: “If ye do it not, Take notice of war from God and His Apostle: But if ye turn back, ye shall have your capital sums: Deal not unjustly, and ye shall not be dealt with unjustly.“ {Al-Baqarah/279}. Therefore, they should be disbursed in favor of the poor, the needy, and public interest. And Allah Knows Best.

The Iftaa' Board
Chairman of The Iftaa' Board/Cheif Justice/ Dr. Ahmad Hilayeel
    Dr. Yousef Ali Ghythan
                   Dr. Abd-Al-Majeed Al- Salaheen
Dr. Wasif Al Bakhry
                            Sheikh Abd-Al-Kareem Al-Khsawneh
    Sheikh Sa'eed Hijjawi
          Sheikh. Na'eem Mojahed

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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.

What is the ruling on fasting?

Fasting in Ramadan is an individual obligation (Fard ‘Ayn) upon every mature, sane Muslim who is capable of fasting.
Fasting can also be recommended (Mustahabb), such as voluntary fasting on Mondays and Thursdays, fasting on the Day of Arafah for those not performing Hajj, and fasting on Ashura.
Fasting can be prohibited (Haram), such as fasting on the two Eid days, the Day of Doubt (Yawm al-Shakk), and the Days of Tashreeq.
Some types of fasting are disliked (Makruh), such as singling out Friday or Saturday for fasting without a specific reason and fasting on the Day of Arafah for a pilgrim.

What is the ruling on vomiting, and does it invalidate ablution?

Vomit is impure (najis). Its exit is not considered one of the nullifiers of ablution. However, the mouth must be washed and purified from it, and any that gets on clothing or the body must be washed for prayer, because prayer is not valid with impurity present on the body or clothing. And Allah the Almighty knows best.

If a traveler settles or a sick person recovers while fasting, is it permissible for them to break their fast?

● If a sick person starts the day fasting and then recovers during the day, they must complete their fast.
● If a traveler starts the day fasting and then settles (returns or stops traveling) during the day, they must also complete their fast.
● It is forbidden for both of them to break their fast because the concession (rukhsah) is no longer valid once its reason disappears.