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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

Is it incumbent on a father to cover the marriage costs of his son if the latter couldn`t afford them?

The son should seek the help of his relatives in order to convince his father to do the aforesaid, and the father should make sure that his son doesn`t commit fornication through helping him to get married, and Allah will reward him for doing so.

What is the ruling of Islamic Law on selling gold or silver in installments or for a differed price?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is prohibited (haram) to sell gold or silver in installments or for a deferred price; rather, immediate hand-to-hand exchange (Taqabud) is mandatory, otherwise, it is considered usury (Riba). The Messenger of Allah ﷺ said: 'Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt—like for like, hand to hand. Whoever increases or asks for an increase has engaged in Riba; the receiver and the giver are the same in this regard.' (Narrated by Muslim). Furthermore, when exchanging new gold for used gold, they must be of equal weight, or it falls into Riba.
 
The permissible solution (al-makhraj) is for the merchant to purchase the used gold for cash first, and then sell the new gold for cash in a separate transaction. However, the price must be paid during the sitting of the contract (Majlis al-Aqd) for both deals. Alternatively, the jeweler may take the used gold with the intent of remodeling or repairing it, and then charge a fee for the craftsmanship or repair work. And Allah the Exalted knows best."

Is Zakah (obligatory charity) due on owned land?

Zakah is due on the land used as an article of merchandise and was originally bought for that end. Zakah is due on it at the end of every lunar year. Its value is estimated, and (2.5%) of the total value of all such lands owned by the questioner is given as Zakah. However, no Zakah is due on the land used for building a house, or an agricultural purpose.

What is the ruling on giving the expiation of an oath (Kaffarat al-Yamin) to a charity that feeds the poor?

 

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.

It is allowed for a Muslim to appoint a proxy (agent) to distribute the expiation (Kaffarah) on their behalf. Our jurists have explicitly stated the permissibility of delegation (Tawkil) in the distribution of Zakat, Kaffarah, and vows (Nadr).

It is stated in Mughni al-Muhtaj (Vol.3/P.237): 'One has the right to pay the Zakat of their wealth personally... and they also have the right to delegate it.' And Allah the Exalted knows best.

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