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Resolutions of Iftaa' Board

Resolution No.(153): "Ruling on Taking Charge of Orphans` Funds and Transferring them to other Parties"

Date Added : 02-11-2015

 

Resolution No.(153)(18/2010) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Taking Charge of Orphans` Funds and Transferring them to other Parties"

Date: 2/9/1431, corresponding to 12/8/2010 AD.

 

All perfect praise be to Allah, The Lord of The Worlds; and may his peace and blessings be upon our Prophet Mohammad and upon all his family and companions:

During its ninth session held on the above given date, the Board reviewed the letter of His Grace, The Supreme Judge, with which was enclosed the letter of her Excellency, The Minister of Social Affairs, where she asked for clarifying the rule of Sharia on cancelling the sponsorship of orphans who are cared for by alternative families after changing their names, and the possibility of transferring the funds deposited in their bank accounts to the account of the foundation, where they were raised in the first place?

After prolonged deliberations, the Board decided:

It is permissible for the sponsor to cancel his sponsorship for a certain reason, such as: improvement of the orphan`s living conditions, the sponsor is unable to provide for him or another person volunteered to sponsor him. Therefore, ending the sponsorship, in these cases, is permissible.

As regards the funds that have already been deposited in the account of a certain orphan or those being donated to him, they are considered his own property, and it is impermissible for the givers to take them back, whatever the case may be. This is because once a person gives a Hibah (grant/donation), he isn`t permitted to take it back. This is indicated by the Hadith of the Prophet: "One who gets back the gift is like one who eats vomit" (Muslim).

Accordingly, it isn`t permissible for anyone to take from an orphan`s funds, save to be spent in matters beneficial to him and with the approval of his guardian and without any sort of compulsion. Allah, The Almighty, Says (what means): "Those who unjustly eat up the property of orphans, eat up a Fire into their own bodies: They will soon be enduring a Blazing Fire!" { An-Nisa`}. The Prophet (PBUH) also said (what means):"It is unlawful to take the property of a Muslim, save with his cheerfulness" {Narrated by Darqotni}. Moreover, changing an orphan`s name or being cared for by another family isn`t an excuse for taking the funds donated to him or giving them to any party because they have become his own property. Since these orphans haven`t reached puberty, it isn`t permissible to transfer the funds deposited in their accounts to any party. This is because it isn`t permissible for anyone to take charge of another`s property because the latter is placed under interdiction for being underage or the like, save in matters that are beneficial to him. Therefore, once these orphans reach puberty, they can do whatever they want as far as their property is concerned. Allah, The Almighty, Says (what means): "if then ye find sound judgment in them, release their property to them." (An-Nisa`/6). And Allah Knows Best.

 

Head of the Iftaa` Board, The Grand Mufti of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh

Vice Head of the Iftaa` Board, Dr. Ahmad Hilayel

Dr. Yahia Al-Botoosh/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Dr. Mohammad Khair Al-Essa

Judge Sarrie Attieh

Dr. Abdulrahman Ibbdah/ Member

Dr. Mohammad Oklah/ Member

Dr. Abduln`nassir Abu Al Bass`al/ Member

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Gharaibeh/ Member

Executive Secretary of the Iftaa` board, Dr. Ahmad Al-Has`sanat

 

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Summarized Fatawaa

What is the ruling on the fasting of a woman who has reached menopause if menstrual blood flows?

If a woman reaches the age of menopause (which is usually sixty-two) and her menses have ceased, then she sees blood after that, and its duration is not less than a day and a night (24 hours), it is menstruation (hayd). If it is less than a day and a night, she is considered as having non-menstrual vaginal bleeding (mustahada), so she fasts and prays. However, she must perform ablution for every obligatory prayer after its time enters, pray immediately, and be treated as a person with a continuous condition. There is no specific end limit for a woman's menstruation; it is possible as long as the woman is alive. And Allah the Almighty knows best.

What is the virtue of Laylat al-Qadr?

It is enough to know its great status that Allah revealed an entire surah about it—Surah Al-Qadr. Moreover, the Quran was first revealed on this night.
Allah says {what means}:
"We have indeed revealed this (Message) in the Night of Power: And what will explain to thee what the night of power is? The Night of Power is better than a thousand months. Therein come down the angels and the Spirit by Allah's permission, on every errand: Peace!... This until the rise of morn!" [Al-Qadr/1-5]
The Prophet ﷺ taught us to observe I‘tikaf in the last ten nights of Ramadan, seeking Laylat al-Qadr. Whoever worships Allah and revives this night will receive the reward of worshiping for a thousand months—excluding Laylat al-Qadr itself.

What is the ruling on fasting for those with diabetes, heart disease, high blood pressure, kidney disease, or ulcers?

● A sick person who is completely unable to fast is exempted from fasting and must offer fidyah (feeding a needy person), as Allah Almighty says {what means}: "and [in such cases] it is incumbent upon those who can afford it to make sacrifice by feeding a needy person." [Al-Baqarah/184]. They are not required to make up for the missed fasts.
● A sick person who can fast on some days but not others should fast when able and make up the missed days after Ramadan when possible. No fidyah is required in this case.
● If fasting during the long, hot summer days is too difficult for a sick person, but they can make up the fasts during the shorter, cooler winter days, they should break their fast and make up for it when they are able, without fidyah.

What is the ruling on swimming while fasting?

Swimming while fasting is disliked (makruh) due to the risk of water entering the body cavity (jauf) through the nose, ears, or mouth, which would break the fast.
Ramadan is a month of tasbeeh (glorifying Allah), not Sibaha (swimming).

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