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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

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.

How should the sacrifice (udhiyah) be distributed?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is obligatory to give the poor a portion of the meat from a voluntary sacrifice (Udhiyah al-Tatawwu’), which should not be less than approximately half a kilogram of raw meat. Other parts do not suffice for this obligation, such as the liver, tripe, or intestines.
It is Sunnah for the one offering the sacrifice to divide it into thirds: one-third for himself and his household to eat, one-third to be given as charity to the poor, and one-third to be given as a gift to friends and neighbors, even if they are wealthy. And Allah the Almighty knows best.

What is the wisdom behind legislating the Udhiyah?

The Muslim must know that through the Uḍḥiyah, he complies with the command of Allah, the Exalted, and performs a worship that brings him closer to Allah and distances him from the Fire.
 
The Uḍḥiyah holds profound wisdoms and noble meanings, including:
 
1-Reviving the Sunnah of Abraham, peace be upon him: He complied with Allah's command when He ordered him to slaughter his son Ishmael. Abraham, peace be upon him, succeeded in the test, and when he was about to slaughter his son, Allah sent down a ram to ransom Ishmael and commanded him to slaughter it instead. Allah, the Exalted, says {what means]: "And when he reached with him [the age of] exertion, he said, 'O my son, indeed I have seen in a dream that I [must] sacrifice you, so see what you think.' He said, 'O my father, do as you are commanded. You will find me, if Allah wills, of the steadfast.' And when they had both submitted and he put him down upon his forehead, We called to him, 'O Abraham, You have fulfilled the vision.' Indeed, We thus reward the doers of good. Indeed, this was the clear trial. And We ransomed him with a great sacrifice." [Al-Ṣāffāt/102-107]. Thus, the sacrificial offering became an enduring Sunnah until the Day of Judgment, and Muslims offer their wealth as sacrifices, drawing closer to Allah, the Exalted, reviving this great Sunnah.
 
2-Providing abundance for people on Eid day and the Days of Tashrīq: Among the wisdoms of the Uḍḥiyah is that the Muslim provides generously for his family, neighbors, relatives, and the poor during these days. The Muslim is encouraged to eat from his sacrifice, give charity from it to the poor, and gift from it to his wealthy neighbors. Thus, goodness spreads throughout the entire community. The Prophet, peace and blessings be upon him, said: "The Days of Tashrīq are days of eating and drinking." (Narrated by Muslim). Allah, the Exalted, says {what means}: "And the camels and cattle We have appointed for you as among the symbols of Allah; for you therein is good." [Al-Ḥajj/36]. This good includes the good of both this world and the Hereafter.

What is the expiation for perjury?

One who commits perjury should repent, seek Allah`s forgiveness and offer an expiation which is: feeding ten indigent persons, or clothing them, or giving a slave his freedom, but if that is beyond his means then, he should fast for three days. Allah, The Almighty, Says in this regard (What means): "Allah will not call you to account for what is futile in your oaths, but He will call you to account for your deliberate oaths: for expiation, feed ten indigent persons, on a scale of the average for the food of your families; or clothe them; or give a slave his freedom. If that is beyond your means, fast for three days. That is the expiation for the oaths ye have sworn. But keep to your oaths. Thus doth Allah make clear to you His signs, that ye may be grateful." [Al-Ma`idah/89].

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