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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 a mother giving the Zakat of her wealth to her children?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for a mother to give her children from the Zakat if they are among those who are eligible for it—such as being poor (Fuqara), possessing no wealth, and not being sufficiently provided for by the maintenance (Nafaqah) of others. This is based on the statement of the Messenger of Allah ﷺ regarding Zaynab, the wife of 'Abdullah ibn Mas'ud (may Allah be pleased with them both): (Your husband and your children are the most deserving of those upon whom you spend in charity) [Narrated by Al-Bukhari].
 
It is stated in [Al-Hawi al-Kabir, Vol. 8/P.537]: 'As for the wife, it is permissible for her to pay her Zakat to her husband from all the designated shares... Our evidence is the generality of the saying of Allah the Almighty: "Zakat expenditures are only for the poor and for the needy", and the Hadith of Abu Hurairah that the Prophet ﷺ said to Zaynab, the wife of 'Abdullah ibn Mas'ud: (Your husband and your children are the most deserving of those upon whom you spend), and this is taken in its general sense.' And Allah the Exalted knows best.

Does sacrificing one sheep avail for the entire household?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Offering an Udhiyah (sacrificial offering) is a communal Sunnah (Sunnah Kifayah) for members of the same household, provided that their financial maintenance is undertaken by a single provider. By "communal Sunnah," we mean that when one person performs it, the religious recommendation is fulfilled on behalf of the entire household, though the spiritual reward itself belongs uniquely to the one who offered it.
 
Therefore, if any member of the household performs the sacrifice—even if it is someone who is not legally responsible for the household's expenses, such as the wife or one of the children—the recommendation is fulfilled for everyone in that home. However, the reward does not automatically extend to the other members unless the person offering the sacrifice explicitly intends to share the reward with them—similar to how performing a funeral prayer (Janazah) fulfills the communal obligation for everyone, yet the specific reward is earned by those who actually prayed.
 
Additionally, a single sacrifice is sufficient for a man who is married to more than one wife. And Allah the Almighty Knows Best.

What is the ruling on kidney dialysis while fasting in Ramadan?

Kidney dialysis breaks the fast because the dialysis fluid is nutritive, as confirmed by medical experts. Additionally, it involves the entry of substances into the body cavity (jauf).
A patient undergoing dialysis must make up for that day after Ramadan. If they are unable to do so, they must pay fidyah by feeding one needy person for each day they missed.

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.

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