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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

What is the ruling on insulin injections?

Insulin injections do not break the fast because they are administered under the skin and do not reach the body cavity (jauf).

What is the ruling on waiving a debt owed by a debtor and counting it toward zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Waiving a debt owed by a debtor, with the intention of counting it toward zakāh, does not fulfill the zakāh obligation. Rather, it constitutes an ordinary act of charity, for which Allah rewards the giver generously — since one of the conditions for the validity of zakāh is that the person paying it must form the intention of zakāh at the actual moment the wealth is paid out. In this case, the debt has already been established as a standing obligation upon the borrower, so it is not valid to simply redirect the intention toward zakāh after the fact.
It is preferable, instead, for the creditor to first collect the debt from the debtor, and then return to him the amount of money he is required to pay as zakāh — or a portion of it — if the debtor happens to fall under one of the eight categories that Allah, the Exalted, has commanded be given from zakāh.
It is stated in ‘Umdat as-Sālik, from the books of the Shāfi‘ī school: "If someone gives [money] to a poor person, stipulating that the recipient return it to him in payment of a debt owed to him, or says, 'I am making what you owe me into zakāh, so take it [as such]' — this is not valid. But if he gives it to him with the [unstated] intention that the recipient will use it to repay him, or says, 'Repay what you owe me, so that I may [then separately] give it to you as zakāh,' or the debtor himself says, 'Give it to me, so that I may [then] repay you with it' — this is valid, and there is no binding obligation for the recipient to actually fulfill this [informal understanding]." And Allah, the Exalted, knows best.

What is the ruling of islamic law on statutory (legal) interest awarded by a court?
 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible for a person in whose favor a judge has awarded statutory (legal) interest to deduct the actual litigation costs incurred in filing and prosecuting the lawsuit from these interest funds.
 
Any remaining balance beyond those actual expenses must be returned to the party upon whom the payment was imposed, provided that party is a specific individual. If, however, the paying party is a public entity or state institution, the remaining amount should be spent on the general public interests of Muslims—such as schools, mosques, roads, and similar public utilities shared by the community—or given in charity (Sadaqah) to the poor and needy. And Allah Almighty knows best.

What is the ruling on using snuff, inhaled vapor, or menthol rub (Vicks) during the day in Ramadan?

Using snuff, inhaled vapor, or menthol rub (Vicks) invalidates the fast because these substances enter the lungs through inhalation, and the lungs are considered part of the body cavity (jauf).
Whoever uses them must refrain from eating and drinking for the rest of the day out of respect for the sacred month and make up for that day after Ramadan.
However, if it is merely a scent and none of its substance reaches the body cavity, it does not break the fast.

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