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Resolutions of Iftaa' Board

Resolution No.(218): "Ruling on Accepting the Donations Made by Non-Islamic Banks to Charitable Organizations"

Date Added : 21-12-2015

Resolution No.(218)(8/2015) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Accepting the Donations Made by Non-Islamic Banks to Charitable Organizations"

Date: 24/Zolhijjah/1436 AH, corresponding to 8/10/2015 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.

On the above given date, the Board reviewed the question of His Excellency Dr. Marwan Al-Homood, which reads as follows: What is the ruling of Islamic Sharia on accepting the donations made by non-Islamic banks to establish different charitable societies, or to equip them with furniture and other supplies?

After researching and deliberating, the Board arrived at the following view:

Islam has defined certain methods for making money and spending it, and has prohibited a Muslim from resorting to unlawful means for making a living. Therefore, that which he earns from a lawful business is equally lawful, for he can eat from it, spend, and give to charity and receive a reward from Allah, The Almighty. On the other hand, that which he earns from an unlawful business is equally unlawful, so he doesn`t receive a reward for it; rather, he is considered sinful, for Allah accepts only that which is lawful. Our beloved Prophet (PBUH) said: "There is no flesh raised that sprouts from the unlawful except that the Fire is more appropriate for it." {At-Tirmizi}

Since the transactions of non-Islamic banks include that which is lawful and unlawful, there is no harm in accepting the donations that they make to charitable activities, such as establishing relief agencies, research centres, charitable societies, and schools. This is because the four Muslim Jurists have permitted accepting the gifts of those whose lawful money is mixed with unlawful money. They also said that its owner is the one accountable for committing the sin of earning unlawful money. This is provided that the donations aren`t used for promoting unlawful transactions, and that the unlawful money wasn`t considered as such because it was made by coercion, or theft. This reason of prohibition that such money should be given back to its rightful owner and can`t be accepted as a donation. And Allah Knows Best.

The Grand Mufti of Jordan / His Eminence Sheikh AbdulKareem al-Khasawneh

Prof. Abdulnasser Abulbasal / Member

Dr. Yahia al-Botoosh / Member

Sheikh Sae`id Hijjawi / Member

Dr. Wasif al-Bakhri / Member

Prof. Mohammad al-Qhodat / Member

Dr. Mohammad Al-Khalayleh / Member

Dr. Mohammad Khair Al-Esa / Member

Dr. Mohammad  al-Z`obi / Member

 

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Summarized Fatawaa

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All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is obligatory to pay zakāh from the actual asset (‘ayn al-māl) upon which zakāh is due, except in the case of zakāh on trade goods ('urūḍ at-tijārah), which is paid based on their monetary value. In all cases, zakāh must be given in the form of tamlīk (a full transfer of ownership), based on the words of Allah, the Mighty and Majestic (which mean): "Zakāh expenditures are only for the poor and for the needy, and for those employed to collect [zakāh], and for bringing hearts together [for Islam], and for freeing captives [or slaves], and for those in debt, and for the cause of Allah, and for the [stranded] traveler — an obligation [imposed] by Allah. And Allah is Knowing and Wise" [at-Tawbah/60]. The letter "lām" (لِ) in this verse — as in "lil-fuqarā'" ("for the poor") — indicates possession/ownership (lām al-milk).
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If a discerning child wishes to fast during Ramadan, they must make the intention at night because intention is one of the pillars of fasting, even though fasting is not obligatory for them.

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