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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

Is it permissible to appoint a proxy for the sacrificial offering outside Jordan?

In the name of Allah; all praise is due to Allah, and peace and blessings be upon the Messenger of Allah.
 
It is permissible to appoint a proxy—whether an individual or a charitable organization—to perform the sacrificial slaughter (Udhiyah) on one’s behalf, even if it is carried out in a country other than that of the donor. This is conditional upon the proxy’s adherence to the established requirements of the Udhiyah, including the animal’s age, its freedom from physical defects, the designated timing of the slaughter, and the proper distribution of the meat.
However, it is preferable for the one offering the sacrifice to perform the slaughter personally, in order to attain the full reward and blessings of the act. And Allah (Exalted be He) knows best.

What is the ruling on using a miswak (tooth-stick) during the day in Ramadan?

It is permissible to use a miswak before noon while fasting. However, according to the Shafi'i school, it is disliked (makruh) after noon in order to preserve the natural effect of fasting in the mouth, as the Prophetﷺ said in authentic hadith:
"The breath of a fasting person is more pleasant to Allah than the fragrance of musk."

What is the ruling on the cessation of blood after (40) days from delivery, but later continued sporadically during two days of Ramadan?

Once postpartum bleeding (Nifas) ceases, and the woman is certain that it won`t reoccur, then she becomes ritually pure and so she is free to make Ghusl (purificatory bath), pray, and fast. If the bleeding reoccurs before fifteen days from its cessation, and before the end of (60) days after delivery, then the ruling on postpartum bleeding is effective, and her fasting and prayer are null and void, thus she must make up the fasting that she missed and not the prayer during those particular days.

What is the ruling of Islamic Law regarding one who purchases a sacrificial animal (uḍḥiyah) and it then develops a defect before slaughter?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a defect that invalidates the sacrifice (uḍḥiyah) arises after its purchase — for example, if one purchased a sound, defect-free animal, and it then developed a limp, blindness in one eye, or a similar defect before slaughter — it does not fulfill the requirement of a valid uḍḥiyah, according to the Shāfi'ī school.
It is stated in Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib (Vol.1/P.535): "Even if the limp develops [in the animal] while the knife is upon it, it still does not fulfill the requirement, because it is lame at the moment of slaughter — this is analogous to a case where a sheep's leg breaks and one hastens to slaughter it [in that condition]."
The Ḥanbalī school, however, held that if the one offering the sacrifice purchased the animal while it was sound and defect-free, and a defect then befell it afterward, the sacrifice remains valid and there is no obligation to replace it.
It is stated in Masā'il al-Imām Aḥmad, one of the Ḥanbalī reference works (Vol.8/P.4021): "I said: If a person purchases the sacrificial animal while it is sound, and it is then afflicted with illness, blindness in one eye, or a broken limb [before slaughter]? He [Imam Aḥmad] said: It is said that it still fulfills the requirement. Isḥāq said likewise, because he purchased it while sound, and the defect befell it only afterward, so it remains sufficient on his behalf." [End of quote]
Accordingly, a sheep afflicted with a defect that invalidates the sacrifice does not fulfill the requirement of a valid uḍḥiyah — whether the defect arose after purchase or during the slaughter itself — according to the Shāfi'ī school. However, there is no objection to following the Ḥanbalī position on this matter [as a valid alternative]. And Allah, the Most High, knows best.

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