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Resolutions of Iftaa' Board

Resolution No.(157): "Ruling on Supervising the Construction of Dwellings Funded by Non-Islamic Banks"

Date Added : 02-11-2015

Resolution No.(157)(23/2010) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Supervising the Construction of Dwellings Funded by Non-Islamic Banks"

Date: 17/1/1432 AH, corresponding to 23/12/2010 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 twelfth session held on the above date, the Board reviewed the following question: 

I have an engineering office where I receive people who wish to construct buildings. They fall into two categories:

First: Those who have obtained usurious loans to construct a building and seek my supervisory services.

Two: Those who ask me to provide them with a construction plan and a cost the intended buildings to submit them to one of the non-Islamic banks to receive a usurious loan.

After prolonged deliberations, the Board decided what follows:

It is permissible for you to supervise the dwellings of the first category since it doesn`t involve any kind of usury as you charge a wage in return for your work.

As regards the second category, it is impermissible for you to supervise their buildings because doing so helps in committing usury. Allah Said in this regard (what means): "Help ye one another in righteousness and piety, but help ye not one another in sin and rancour: fear Allah. for Allah is strict in punishment." {Al-Ma`idah/2}. 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, Sheikh Mohammad Al-Hunaiti

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Summarized Fatawaa

Can Zakah or Zakat al-Fitr be given to a poor brother?

Yes, it is allowed to give Zakah or Zakat al-Fitr to a poor brother, as he is considered among the eligible recipients.

What is the ruling on selling sacrificial animals (udhiyah) described with specific attributes and authorizing an agent to slaughter them?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Selling sacrificial animals (udhiyah) that are described with specific attributes is permissible. This falls under the category of a salam sale (forward sale) if conducted using the terminology of salam, and under the category of a regular sale if not using the terminology of salam.
 
As for authorizing the seller to slaughter the sacrificial animal, the basic principle is that it is permissible, because the agent (wakil) stands in the place of the principal (muwakkil) in achieving his objective. This is a contract that the principal (the buyer) is entitled to perform himself, so authorizing another (the seller) to do so on his behalf is valid.
 
However, it is a condition for authorization to slaughter that the intention (niyyah) is present either at the time of slaughter or at the time of handing over the sacrificial animal to the agent. The basic principle is that the sacrificial animal must be specifically designated, as it is an act of worship. It is not required to designate it at the time of slaughter; rather, it is valid to do so before that.
 
It is permissible for the principal either to delegate the intention to the agent or to formulate it himself when authorizing the agent to slaughter. However, the sacrificial animal must be designated, even if at the time of slaughter, by the agent.
 
It is obligatory to designate the sacrificial animals so that each person offering a sacrifice receives his own specific animal. Therefore, charitable organizations and companies must take this into consideration and establish a specific mechanism that ensures no mixing of sacrificial animals occurs, so that each person offering a sacrifice receives his own designated animal. And Allah Almighty knows best.

What is the ruling on one who slept while firmly seated on the ground, regarding nullification of ablution?

The default ruling regarding sleep is that it nullifies ablution. An exception to this is one who slept while firmly seated on the ground; his ablution is not nullified by sleep if he wakes up while still firmly seated on the ground. And Allah the Almighty knows best.

Is it valid to share in the 'aqīqah by contributing a seventh share of a camel or cow?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
Yes, it is permissible. If a group of people jointly share in the slaughter of a camel or a cow on behalf of seven individuals, this is valid — regardless of whether all of them intend the 'aqīqah, or some intend the 'aqīqah, others the uḍḥiyyah, and others simply the purchase of meat. And Allah Almighty knows best.

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