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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

Does using a respiratory device (oxygen) affect the validity of fasting?

Using an oxygen device does not affect the validity of fasting because oxygen is a gas with no physical substance.
However, if medicinal substances with physical particles are added to the oxygen, its use would break the fast, as it enters the body cavity through a natural passage.

What is the difference between Qiyam al-Layl and Tahajjud?

● Qiyam al-Layl refers to any voluntary prayer performed at night, including Tarawih.
● Tahajjud specifically refers to voluntary prayer performed at night after waking up from sleep.
Glad tidings to those who combine both, as numerous Quranic verses and hadiths mention their virtues.
Allah Almighty says {what means}: "And rise from thy sleep and pray during part of the night [as well], as a free offering from thee, and thy Sustainer may well raise thee to a glorious station [in the life to come." [Al-Isra`/79]
The Prophetﷺ said: "Whoever stands (in prayer) during Ramadan with faith and seeking reward, all their past sins will be forgiven." [Agreed upon]

How many prostrations of Quranic recital are there, and is it permissible not to offer them while reciting?

There is one prostration for the Quranic recital, and it is a Sunnah for which one is rewarded upon offering it. However, one who doesn`t isn`t punished. Therefore, those who fail to offer it aren`t considered sinful, rather they deprive themselves from the 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.

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