Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(43): "Ruling on the Amendments of the Islamic International Arab Bank`s Certificate of Incorporation and Statute"

Date Added : 07-12-2015

 

Resolution No.(43): "Ruling on the Amendments of the Islamic International Arab Bank`s Articles of Association and Statute Regualtions"

Date: 25/7/1420 AH, corresponding to 13/11/1999

We have received the following question:

Do the certificate of incorporation and the statute of the Islamic International Arab bank comply with the rulings of Islamic Sharia?

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

Answer: The Board has decided to approve the amendments indicated in the above letter, and which comply with the rulings of Islamic Sharia, provided that paragraph (D) of article (28) is rewritten to read as follows:

Paragraph (D) The other precautions:

Any percentage of the profits based on the suggestion of the administrative board and the approval of the general authority in favor of any other precautions, regardless of their name or purpose, in the best interest of the company and its course of business, provided that this deduction is made after that of the income tax. And Allah Knows Best.

Chairman of the Iftaa` Board, Chief Justice, The Grand Mufti, Sheikh Izuldeen At-tamimi

Sheikh Sa`eid Al-Hijjawi

Dr. Yousef Ali Ghyzaan

   Dr. Mahmoud Al-Bakheet

   Dr. Abdulsalam Al-Abbadi

Sheikh Sa`eid Shewayat

                     Executive Secretary of the Iftaa` Board, Na`eim Mujahid

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Summarized Fatawaa

Is it permissible for the wife to give the Zakah (obligatory charity) of her money to her poor husband?

Yes, it is permissible for the wife to give from the Zakah of her money to her poor husband. And Allah Knows Best.

What is the ruling on praying alone (munfaridan) in a row, and what should I do if I enter the mosque together with another person, and there is only a single gap in the first row with no second row present — should I fill that gap in the first row, or should I stand together with him in a new second row?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If a person enters [the congregation] and finds no space available in the row, it is recommended for him — after making his opening takbīr for the prayer — to gently pull someone from the row in front of him to pray alongside him, provided he senses that this person would be agreeable to it. If that person does not agree, then he prays alone, and there is no dislike attached to his doing so in that case.
If he ends up praying alone [behind the row], it is sunnah for him to stand directly behind the imam. Then, if someone else arrives, that person stands to his right; and whoever comes after them stands to his left — and so on — such that the imam remains centered in the middle of the row. This is done so that everyone attains the reward of congregational prayer.
As for the case where two people enter the prayer together, and there is a gap in the row wide enough for only one person, then the two of them should pray together in a new row [of their own], and whoever arrives after them should fill that original gap. This is because if only one of the two fills the gap, the other would end up praying alone [which is to be avoided when it can easily be prevented].
Al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said in Mughnī al-Muḥtāj (Vol.1/P.494): "If he does not find space, then it is recommended for him, while still standing, to gently pull a single person from the row toward himself after making his opening takbīr — out of caution, so as to avoid the position held by some scholars that a person's prayer standing alone behind the row is not valid.
Az-Zarkashī and others said: this should only be done if it seems he would agree to it; otherwise, he should not pull anyone — indeed, doing so becomes impermissible, out of fear of causing discord (fitnah). It is recommended for the person being pulled to cooperate and agree, so that he may attain the reward of assisting in righteousness and piety (al-birr wat-taqwā). However, he should not pull one of two people [praying together] from the row, since this would cause one of them to end up praying alone. This is why the 'pulling' described here takes place only after the opening takbīr [i.e., once the person doing the pulling has already validly begun his own prayer]."
Accordingly: it is sunnah for you to pray alongside the person praying alone, and then, if someone else arrives afterward, you may go and fill the gap in the original row. And Allah, the Exalted, knows best.

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.

Is it permissible to slaughter a single sheep with the combined intention of both the uḍḥiyyah and the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
According to Shaykh al-Islām Imam Ibn Ḥajar al-Haytamī, it is not permissible to combine the intention of the uḍḥiyyah and the 'aqīqah in a single animal, as each of the two has a distinct and separate cause that differs from the other.
However, Shaykh al-Islām Imam al-Ramlī permitted the combining of both intentions in a single animal — and this position offers a degree of latitude and ease. And Allah Almighty knows best.