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Resolutions of Iftaa' Board

Resolution No.(197): "Economic Security is an Objectives of Sharia that can be Achieved through Justice and Reform"

Date Added : 26-11-2015

Resolution No.(197)(6/2014) by the Board of Iftaa`, Research and Islamic Studies:

"Economic Security is an Objectives of Sharia that can be Achieved through Justice and Reform"

Date: 23/Rabi` Al-thani/1435 AH, corresponding to 23/2/2014.

 

All perfect praise is due to Allah, The Lord of The Worlds; and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions:

On the above given date, the Board reviewed the question sent by one of the MPs concerning the negative effects of tax evasion and theft of public funds on the security of the national economy. He requested clarifying the ruling of Sharia on tax evasion?

After researching and deliberating, the Board decided what follows:

The security of the national economy as well as the protection of public funds are a trust that should be restored by every citizen, as Enjoined by Almighty Allah in the following verse whereas, He Says (what means): "Verily, God commands you to restore trusts. And when you judge between people, that you judge with justice. Excellent is the admonition God gives you. God is ever Hearer, Seer." {An`nisa`/58}. Moreover, it is a collective responsibility as indicated by the Hadith of the Prophet (PBUH) who said: "All of you are guardians and are responsible for your subjects. The ruler is a guardian of his subjects, the man is a guardian of his family, the woman is a guardian and is responsible for her husband's house and his offspring; and so all of you are guardians and are responsible for your subjects." {Agreed upon}.

The first guardian is the ruler and those in charge of  running people`s livelihoods and affairs. It is their duty to act as deputies of the people in fulfilling the injunctions of Allah through the proper management of resources, realizing justice of opportunity and distribution, cutting down expenses, fighting corruption, adherence to preserving the principles of Sharia in the national economy, and allowing the people to take an actual part in that process. This task can be realized through MPs who believe in a true mission that celebrates the values of Islam and observes the interests of the people. They should also monitor the financial performance of the executive authority in order to help end tax evasion and make the tax payer enjoy the satisfaction of supporting his nation and country.

Moreover, the wealthy shoulder a similar responsibility towards public funds and tax because they are key for the development of the economy. Therefore, it is impermissible that a member of this class abstains from paying taxes because others don`t; rather, he should adhere to the injunctions of Allah, Who Says (What means): "O you who believe, fear God and be with those who are truthful." {At-Tawbah/119}.

The Iftaa` Board recommends promulgating a law pertaining to giving Zakah and collecting that which is due to the poor from the rich, because it has a great effect in achieving social solidarity. And Allah Knows Best.

 

Chairman of the Iftaa` Board, The Mufti General of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh.

Vice-Chairman of the Iftaa` Board, Prof. Ahmad Hilayel

Prof. Hayel Abdulhafeez/ Member

Dr. Yahia Al-Botoosh/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Prof. Mohammad Al-Qudat/ Member

Prof. Abduln`nassir Abu Al Bass`al/ Member

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Zou`bi/ Member

Dr.Wasif Al-Bak`kri/ Member

Dr. Mohammad Khair Al-eesa/Member

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Summarized Fatawaa

Is it permissible for the person who hasn`t made wudu` (state of minor ritual impurity) to perform the Adhan?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is disliked (Makruh) for a person in a state of minor ritual impurity (Hadath Asghar) to perform the Adhan. However, if he does so, his Adhan is considered valid and fulfills the sunnah of the Adhan despite it being disliked. And Allah the Exalted knows best.

What is the ruling of Islamic Law on eating or drinking during the circumambulation?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is disliked (makrūh) to eat or drink during the circumambulation (ṭawāf).
Shaykh al-Islām Imām al-Nawawī states in al-Majmūʿ: "It is disliked to eat or drink during ṭawāf, and the dislikedness of drinking is lighter. Neither of them, nor both together, invalidates the ṭawāf. Al-Shāfiʿī said: 'There is no objection to drinking water during ṭawāf, and I do not consider it sinful; however, I prefer that it be avoided, as refraining from it is more befitting in terms of proper conduct.' Among those who explicitly stated the dislikedness of eating and drinking, and that drinking is the lesser of the two, is the author of al-Ḥāwī."
If, however, a person is in genuine need of drinking, then there is no dislikedness in doing so. In any case, the ṭawāf itself remains valid. And Allah the Almighty knows best.

What is the ruling of Islamic Law on sitting between the two prostrations, and what is the ruling on the dhikr recited during it?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
Sitting between the two prostrations (al-jalsah bayna al-sajdatayn) is one of the pillars (arkān) of the prayer, while the dhikr recited during it is Sunnah according to the Shāfi'ī scholars. It is recommended (mustahabb) to say what was narrated from Ibn 'Abbās (may Allah be pleased with him), who said: "The Messenger of Allah (peace and blessings be upon him) used to say between the two prostrations in the night prayer: 'Rabbi ighfir lī, warhamnī, wajburnī, warzuqnī, warfa'nī' (My Lord, forgive me, have mercy on me, make good my deficiencies, provide for me, and raise me)." If one were to say a different supplication instead, such as "Rabbi ighfir lī" (My Lord, forgive me), the prayer would still be valid.
If the worshipper omits this dhikr between the two prostrations, whether intentionally or out of forgetfulness, their prayer remains valid and nothing is required of them, though they miss the reward of following the Sunnah. Leaving it out does not necessitate the prostration of forgetfulness (sujūd al-sahw).
It is stated in Hāshiyat al-Bājūrī 'alā Sharḥ Ibn Qāsim 'alā Matn Abī Shujā' (Vol.1/P.298): "The eleventh — i.e., of the eighteen pillars — his statement: 'sitting between the two prostrations,' meaning even in a supererogatory (nafl) prayer... his statement: 'with the supplication that has been narrated concerning it,' meaning: 'Rabbi ighfir lī, warhamnī, wajburnī, warfa'nī, warzuqnī, wahdinī, wa 'āfinī' (My Lord, forgive me, have mercy on me, make good my deficiencies, raise me, provide for me, guide me, and grant me well-being). Al-Ghazālī added: 'wa'fu 'annī' (and pardon me). Al-Mutawallī also added: 'Rabbi hab lī qalban taqiyyan, naqiyyan min al-shirk, bariyyan lā kāfiran wa lā shaqiyyan' (My Lord, grant me a heart that is God-fearing, pure from associating partners with You, innocent, neither disbelieving nor wretched)."And Allah, the Most High, knows best.

What is the ruling if a postpartum woman becomes pure before forty days; are acts of worship obligatory upon her, and is she permissible for her husband?

If the postpartum woman becomes definitely pure before forty days, she must perform the ritual bath and perform acts of worship as a pure woman does. What was prohibited for her also becomes permissible, so she becomes permissible for her husband after her bath. The minimum duration for postpartum bleeding is a moment (an instant), and its usual maximum is forty days. Reaching forty days is not a condition; rather, it is sufficient for the blood to stop or to see the white discharge (qassa bayda'). And Allah the Almighty knows best.

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