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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

A woman became pure [from menstruation] before Fajr, but did not perform ghusl until after sunrise — what is the ruling on her fast?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Her fast is valid, since ghusl (ritual bathing) is not a condition for the validity of the fast, but rather for the validity of the prayer. However, she is sinful for delaying the Fajr prayer beyond its designated time without a valid excuse.
It is known that the time for Fajr prayer ends at sunrise. Nevertheless, she must still perform ghusl, and make up the Fajr prayer. And Allah, the Exalted, knows best.

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.

What is the ruling on the Friday bath (ghusl al-Jumu'ah)?

The Friday bath is a confirmed Sunnah, based on the Prophet's (peace be upon him) saying: "Whoever performs ablution on Friday, it is good for him, and whoever takes a bath, bathing is better." (Reported by Abu Dawud and al-Tirmidhi who said it is a hasan hadith). It is recommended for everyone who wants to attend the Friday prayer, even if they are not from its usual attendees, like a woman or a boy.
If a person is in a state of major impurity (junub) and intends by his bath both lifting the major impurity and the Friday bath, he achieves both. If he intends only one of them, he achieves only what he intended. And Allah the Almighty knows best.

Is washing the private part after urinating (Istinjaa`) a condition, and is it done with water and soap, or with water only?

Istinjaa` is obligatory for removing impurity, and it can be done with toilet paper, or a stone, or water. It is preferable to do Istinjaa` first with paper, or stone, or the like, then to wash the private part with water until making sure that the impurity has been removed. Using soap is not a condition, but there is no harm in doing so provided that it is washed off with water. It is also permissible to use either water, or paper if impurity is removed by any.

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