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Resolutions of Iftaa' Board

Resolution No.(184): "Ruling on Using Impure Sludge as Fuel for Manufacturing Cement"

Date Added : 17-11-2015

 

Resolution No.(184)(17/2012) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Using  Impure Sludge as Fuel for Manufacturing Cement"

Date: 5/2/1434 AH, corresponding to 19/12/2012 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 its tenth session held on the above given date, the Board reviewed the question of the Secretary-General of the Ministry of Water and Irrigation, which reads as follows: "Sewage treatment plants produce-in addition to treated water- solids called "sludge", which should be gotten rid of, or reused as conditioned by the Jordan Standards. [Al-Khirbah As-Samrah] is one of the largest sewage treatment plants which has produced (200 tons) of sludge since 2007. As a result, substantial amounts of this substance have accumulated in that area. Therefore, there is a tendency to make use  of that substance in the best way possible in line with the following priorities: Burning it to produce cement, as this is the best option and the least expensive, or using it as manure, and the like. Could Your Grace be kind enough to consult the experienced scholars in order to clarify the ruling of Islamic Sharia on this issue, taking into consideration that using this sludge as fuel will relieve Jordan`s budget from (500, 000000) in the coming years.?"

After researching and deliberating, the Board decided the following:

The substance-sludge-produced by sewage treatment plants is impure; however, some scholars have permitted using impurity in such case since there is a dire need for it and it can be gotten rid of without causing harm to human beings, or to the environment.

After a representative from the Iftaa` Department has inspected  Al-Fohaise Cement Factory, it was found out that the sludge can be used as fuel where it is burnt at a high degree that reaches (1450 centigrade), and this massive heat breaks it down to iron atoms, lime, and similar raw materials attracted by the cement.

As a result, inceniration changes its nature and turns it into a pure substance, as is the opinion of the Hanafite School of Thought and one opinion of the Shafites. These scholars have stated: "If the nature of the impure substance has changed, the cause of impurity has ceased, or it has turned into a different substance in terms of  name and features, then this is enough to rule that it is has become pure, because the elements of impurity have vaefore". Therefore, there is no harm in utilizing  it in productive fields; especially if it leads to saving the aforesaid amount of money. And Allah Knows Best.

 

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

Prof. Dr. Abdulsalam Al-Abbadi / 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

I vowed to give a specific charity if a certain matter came to pass — what is the ruling on giving that charity before the matter is realised?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Fulfilling a vow (nadhr) is obligatory, in accordance with the word of Allah the Almighty: "And let them fulfil their vows." [Al-Ḥajj/ 29] And the saying of our master the Messenger of Allah ﷺ: "Whoever vows to obey Allah, let him obey Him; and whoever vows to disobey Him, let him not disobey Him." (Reported by al-Bukhārī.)
The Shāfiʿī scholars distinguished between a financial vow (nadhr mālī) and a bodily vow (nadhr badanī). They permitted the fulfilment of a financial vow to be brought forward — before the stipulated condition is met — but did not permit the same for a bodily vow, which may only be fulfilled after the condition has actually been realised.
Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, states: "It is permissible to bring forward the fulfilment of a financial vow before the condition stipulated in it is met — such as saying: 'If I am healed, I vow to free a slave' or 'to give such-and-such in charity' — just as it is permissible to pay zakāh in advance. This is unlike a bodily vow, such as fasting." [Asnā al-Maṭālib, vol. 4/P.246]
Imām al-Bājūrī, may Allah have mercy upon him, states: "Like expiation other than fasting, a financial vow — such as saying: 'If Allah heals my sick one, I vow to free a slave for the sake of Allah,' or 'If Allah heals my sick one, I vow to free a slave on the Friday following the recovery' — it is permissible to bring it forward before the recovery in the first case, and before the Friday following the recovery in the second case." [Ḥāshiyat al-Bājūrī ʿalā Sharḥ Ibn Qāsim, Vol.2/P.596] And Allah the Almighty knows best.

Is it permissible to pay the Fitr Zakah (obligatory charity) of Ramadan on behalf of a dead person?

The Fitr Zakah of Ramadhaan isn`t due on one who had passed away before the sunset of the last day of Ramadan. And Allah Knows Best.

Is it permissible to agree with a butcher to purchase the meat of an animal after it has been slaughtered — for instance, by buying the meat of a sheep at a price determined by the weight of its meat following slaughter, at a fixed rate per kilogram? And what is the ruling if the animal is being purchased with the intention of it being an uḍḥiyyah (sacrificial offering)?

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible to sell livestock in the manner of pricing each kilogram of meat after slaughter at a fixed rate, because the meat within the animal prior to slaughter is unseen and unknown. This leads to jahālah (ignorance of the subject matter) and gharar (contractual uncertainty), both of which are among the invalidating factors in sales transactions.
However, it is permissible for the buyer to issue a promise to purchase the meat of the animal after slaughter at a specified price per kilogram, with the actual sale being concluded at the time of weighing the meat — at which point both the quantity of the goods and the total price become known. There is no Sharī'ah objection to this arrangement.
The jurists have stipulated that for a sale to be valid, both countervalues must be present and observable. Al-Khaṭīb al-Shirbīnī, may Allah have mercy upon him, states:
"It is valid to sell a heap of grain whose total measure is unknown to both contracting parties at a rate of one sā' per dirham. This sale is valid because the subject of sale is present and observable, and ignorance of the total price is not harmful since it is known in detail — and uncertainty is thereby lifted."— [Mughnī al-Muḥtāj, Vol.2/P.355]
As for the uḍḥiyyah, the 'aqīqah, and vowed blood sacrifices (al-dam al-mandhūr) — full ownership of the animal must be established prior to slaughter. It is not valid for such animals to be slaughtered while still in the ownership of the butcher. Rather, the animal must be purchased alive and then slaughtered with the intention of uḍḥiyyah or the like. And Allah Almighty knows best.

I`m a pious Muslim woman, but my husband isn`t, what should I do?

You should exercise patience, make supplication that Allah guides him to the straight path, and keep advising him kindly.

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