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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

What is the ruling on one who vows to fast a specific or non-specific year? Are the two Eids, the days of Tashreeq, Ramadan, and the days of menstruation and postnatal bleeding included in them? And do these days break the consecutiveness if it was intended?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If someone makes a vow (Nadr) to fast a specific, designated year, this vow does not include the days of Eid, the days of Tashreeq (the three days following Eid al-Adha), Ramadan, or the days of menstruation (Hayd) and postnatal bleeding (Nifas). Furthermore, there is no requirement to make up (Qada) these specific days.
 
However, if someone vows to fast a year that is not specifically designated (i.e., any twelve-month period) and stipulates that the fasting must be consecutive, they are bound by that condition. They must not fast on the days of Eid, during Ramadan, or during menstruation, but they are required to make up these days afterward—with the exception of the days of menstruation and postnatal bleeding, which do not need to be made up.
 
It is stated in Hashiyat al-Bajuri ‘ala Sharh Ibn Qasim ({Vol.2/P.606): 'If one vows to fast a specific year, the Eid, Tashreeq, Ramadan, and days of menstruation or postnatal bleeding are not included. This is because Ramadan does not accept any fast other than its own, and the others do not accept fasting at all. Therefore, they do not enter into the vow, and no makeup is required for them because they are legally excluded—contrary to Al-Rafi’i regarding menstruation and postnatal bleeding.
 
If one vows to fast a non-designated year: if they stipulated consecutiveness (Tatuabu’) in their vow, they must fulfill it; otherwise, they are not bound to it. Consecutiveness is not broken by the days that do not enter into the specific year vow (Eid, Tashreeq, Ramadan, menstruation, and postnatal bleeding). However, one must make up the days missed—excluding the time of menstruation and postnatal bleeding—immediately following the end of the year. As for the time of menstruation and postnatal bleeding, it is not made up, contrary to Ibn al-Rif’ah, who argued that it must be made up just like Ramadan.' And Allah the Exalted knows best.

What is the Islamic ruling on eating from the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is recommended (mandūb) to eat from the 'aqīqah, unless it was vowed (mandhūrah). If the 'aqīqah was made as a vow, then it is prohibited to eat from it, and it becomes obligatory to distribute the entirety of it in charity to the poor. And Allah Almighty knows best.

Is it permissible for a wife to give her money to her family as a charity, or a gift without asking her husband, or seeking his consent?

The wife has the right to give her money as a charity, or a gift to her family, or to other people after consulting her husband out of respect, and this is the meaning of treating on footing of kindness and equity. Therefore, if he wanted to stop her from helping her family, then there is no harm in not telling him.

What is the ruling on a person in a state of major impurity (junub) walking or eating before performing the ritual bath?

It is from the Sunnah for a Muslim to hasten to perform the ritual bath for major impurity. However, if he delays it, he does not sin provided he does not miss the prayer. It is permissible for the junub to walk, eat, drink, and sleep. It is recommended for him to perform ablution before these actions to reduce the state of impurity, although the best is for him to perform the ritual bath. And Allah the Almighty knows best.

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