Resolutions of Iftaa' Board



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

Which is better for a traveler: fasting or breaking the fast?

Fasting is better, unless it causes hardship—in that case, breaking the fast is better.

Is it permissible for the wife to give the Zakah (obligatory charity) of her money to her poor husband?

Yes, it is permissible for the wife to give from the Zakah of her money to her poor husband. And Allah Knows Best.

What does (Whoever fasts Ramadan with faith and seeking reward) mean?

This phrase is part of a hadith in which the Prophet ﷺ said:
"Whoever fasts Ramadan with faith and seeks his reward from Allah, their past sins will be forgiven." [Agreed upon]
The meaning is:
● They fast Ramadan with firm belief that Allah has made it obligatory.
● They fast out of obedience to Allah, knowing they will meet Him.
● They hope for reward from Allah and fast purely out of their faith while seeking His reward.

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.