Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(154): "Ruling on Spending on the Waqf (an endowment) from it Own Funds"

Date Added : 02-11-2015

Resolution No.(154)(19/2010) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Spending on the Waqf (an endowment) from its Own Funds"

Date: 7/10/1431 AH, corresponding to 16/9/2010 AD.

 

 

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

During its tenth session held on the above given date, the Board reviewed the letter of His Excellency the Premiere concerning the request of the Minister of Awqaf (endowments) and Islamic Affairs to re-allocate financial support to the Awqaf Funds Development Foundation or to combine its budget with that of the Ministry of Awqaf. This is of course after reviewing the letter of the Awqaf Minister and the remarks made by the Ministers of Finance and the Public Sector`s Development. 

After extensive deliberations, the Board decided what follows:

The Board stresses its resolution No.(103); 5/4/1427 AH, corresponding to 3/5/2006 AD, which states: " Since the above Foundation functions as the trustee of the Waqf, then it is permissible for it to allocate a certain amount from the Waqf`s revenues to cover the expenses and wages of its employees, but within reasonable limits along with maintaining the original capital. This is based on the following Hadith: Concerning the Waqf of 'Umar: It was not sinful of the trustee (of the Waqf) to eat or provide his friends from it, provided the trustee had no intention of collecting fortune (for himself). Ibn 'Umar was the manager of the trust of 'Umar and he used to give presents from it to those with whom he used to stay at Mecca. {Bukhari}.

The majority of the Muslim scholars from the four schools of thought-except Ibn Etaab-are of the view that the wage of the Waqf administrator, whether it was conditioned from the Waqif (endower) or the judge, should be from the outcome of the Waqf itself. The Muslim scholars mentioned that the wage of the Waqf administrator or trustee, if not  specified by the endower, should be equivalent to his regular wage.

The Board advises the government to participate in covering the Waqf`s administrative expenditure, and steer its profits in charitable channels, as much as possible, to serve public interest. This is because the government is responsible for taking care of the country`s and the citizens` interests and this would lead to having more trust in the Waqf Funds Development Foundation. As a result, people would give more donations in order for that Foundation to play a more active role in serving charitable causes. 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 using a miswak (tooth-stick) during the day in Ramadan?

It is permissible to use a miswak before noon while fasting. However, according to the Shafi'i school, it is disliked (makruh) after noon in order to preserve the natural effect of fasting in the mouth, as the Prophetﷺ said in authentic hadith:
"The breath of a fasting person is more pleasant to Allah than the fragrance of musk."

Is it permissible for a person to give the Zakah (obligatory charity) to his daughter-in-law?

Yes, it is permissible for a person to give the Zakah to his daughter-in-law if she was poor, and none provided for particularly by whom are obliged to provide for her. And Allah Knows Best.

What is the best manner in distributing the meat of the Aqeeqah?

It is better to divide all of it as cooked meat amongst the poor and the needy. Dividing it into three portions is a Sunnah, but it is permissible to keep all of it provided that a portion, even a small one, is given to the poor and needy (one kilo for example).

What is the ruling of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.
The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).
We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.