Resolutions of Iftaa' Board



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

Who is the one required to slaughter the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah for the 'aqīqah to be slaughtered by the guardian of the newborn — the one upon whom the child's financial maintenance is obligatory — provided he is financially capable of doing so. 'Alī ibn Abī Ṭālib, may Allah be pleased with him, reported: "The Messenger of Allah ﷺ performed the 'aqīqah for al-Ḥasan with one sheep." — Narrated by al-Tirmidhī. And Allah Almighty knows best.

What is the ruling on wiping the front of the head beneath the ḥijāb, and is it permissible to wipe over the ḥijāb if it was put on while in a state of purification (wudu`)?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is permissible to wipe the front portion of the head (nāṣiyah) with the fingertips. It is likewise sufficient to place a wet hand over a head covering (ḥijāb), provided the moisture actually reaches the hair beneath it — if it does not, it does not suffice. A head covering is not treated in the same manner as leather socks (khuff) and may not be wiped over in lieu of the head itself.
Imām al-Nawawī, may Allah have mercy upon him, states in al-Majmūʿ (Vol.1/P.407): "If a person is wearing a turban and does not wish to remove it — whether for a valid reason or otherwise — he should wipe the entire front portion of the head... The same ruling applies to whatever a woman wears on her head. If, however, he confines himself to wiping over the turban without wiping any part of the head itself, this does not suffice — and there is no disagreement among us on this point." He further states: "A woman is like a man in the manner of wiping the head... She should insert her hand beneath her head covering so that the wiping falls upon the hair itself. If she places her wet hand over her head covering, our scholars stated: if the moisture does not reach the hair, it does not suffice her." And Allah the Almighty knows best.

What is the ruling of Islamic Law regarding one who slaughters a ewe and it turns out to have been pregnant, and is it permissible to slaughter the ewe if one knows it is pregnant?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person slaughters a ewe and it turns out to have been pregnant, the fetus becomes lawful (ḥalāl) by virtue of its mother's slaughter (tabaʿan li-ummihā).
It is stated in Mughnī al-Muḥtāj (Vol.6/P.158): "A fetus found dead [after the mother's slaughter], or found alive but in a state resembling that of a slaughtered animal [i.e., dying shortly after], becomes lawful — whether or not it had grown fur — provided it is found in the womb of a mother that was lawfully slaughtered, whether her slaughter was by cutting the throat, or by an arrow or hunting dog sent after her. This is based on the ḥadīth: 'The slaughtering of the fetus is [effected by] the slaughtering of its mother' [narrated by al-Tirmidhī, who graded it ḥasan, and by Ibn Ḥibbān, who graded it ṣaḥīḥ] — meaning that the slaughter which rendered the mother lawful renders the fetus lawful as well, by virtue of following her; and because the fetus is one of her constituent parts, and her slaughter renders lawful all of her parts."
This ruling differs, however, from the case of one who knows from the outset that the ewe is pregnant [and intends to sacrifice her specifically as the udḥiyah while pregnant] — in which case, according to the Shāfi'ī school, she does not fulfill the requirement of a valid sacrifice.
It is stated in Ḥāshiyat al-Bujayrimī 'alā al-Khaṭīb (Vol.4/P.335): "A pregnant animal does not fulfill the requirement [of a valid sacrifice], and this is the authoritative position (al-mu'tamad), because pregnancy diminishes the quality of the meat. As for why such an animal is nevertheless counted as complete [i.e., fully valid] in matters of zakāh, that is because the intent there is reproduction (nasl), not the quality of the meat.". And Allah, the Most High, knows best.

What advice do you have for those who spend their nights and days of Ramadan watching TV?

Time is too precious to be wasted on entertainment, let alone in the blessed month of Ramadan, where a Muslim should strive for reward and forgiveness.