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

What is the Islamic ruling on the aqiqa?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah is a confirmed Sunnah (sunnah mu'akkadah). Two sheep are to be slaughtered for a newborn boy, and one sheep for a newborn girl. This is established by numerous Prophetic traditions, among them:
The narration of Samurah ibn Jundub, may Allah be pleased with him, who reported that the Messenger of Allah ﷺ said: "Every child is held in pledge for his 'aqīqah, which is slaughtered on his behalf on the seventh day, and he is named, and his head is shaved." — Narrated by al-Tirmidhī, who graded it as ḥasan ṣaḥīḥ.
And the narration of 'Ā'ishah, may Allah be pleased with her, who said: "The Messenger of Allah ﷺ commanded us to slaughter one sheep as 'aqīqah for a girl, and two sheep for a boy." — Narrated by Aḥmad and Ibn Mājah.
The imperative in these narrations is understood to denote recommendation rather than obligation, based on the ḥadīth of 'Amr ibn Shu'ayb, on the authority of his father, on the authority of his grandfather, who said: The Messenger of Allah ﷺ was asked about the 'aqīqah, whereupon he said: "Allah does not love 'uqūq" — as though he disliked the name itself — and then said: "Whoever has a child born to him and wishes to offer a sacrifice on their behalf, let them do so: two equivalent sheep for a boy, and one sheep for a girl." — Narrated by Aḥmad and Abū Dāwūd.
The legal inference drawn from this narration is that the Prophet ﷺ linked the slaughter to the wish and willingness of the individual, saying: "whoever wishes to offer a sacrifice... let them do so" — thereby indicating that the 'aqīqah is recommended (mustaḥabb) and not obligatory (wājib).
And Allah Almighty knows best.

What is the ruling on mentioning Allah`s name upon slaughtering an animal?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
It is a Sunnah (prophetic tradition) for the person slaughtering to say: "Bismillah" (In the Name of Allah), though the most complete and perfect phrasing is to say: "Bismillah ar-Rahman ar-Rahim" (In the Name of Allah, the Most Gracious, the Most Merciful). This is in accordance with the words of Allah Almighty: "So eat of that [meat] upon which the name of Allah has been mentioned." (Al-An'am/118)
 
However, pronouncing it is not an obligatory requirement (Wajib). If someone omits it—whether deliberately or out of forgetfulness—the meat remains entirely lawful (Halal) to eat, though purposely omitting it is considered disliked (Makruh). And Allah the Almighty Knows Best.

What should a person who was favored from Allah with a newborn, but couldn`t afford an Aqeeqah, do?

Aqeeqah (the sheep slaughtered on the seventh day from the child`s birth) is a desirable Sunnah for the financially able since Allah, The Exalted, charges not a soul beyond its capacity. Therefore, if the father couldn`t afford the Aqeeqah before the end of his wife`s confinement, then it isn`t due on him, and if he was able to afford it later on, then it is permissible, but if he didn`t until the child reached puberty, the latter can offer the Aqeeqah himself.

What is the ruling on forgetting an integral of the prayer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Whoever forgets an integral (Rukn) of the prayer and remembers it before reaching the equivalent point in the subsequent unit (Rak'ah), must return to it (i.e., perform it) and complete his prayer, then perform the prostration of forgetfulness (Sujud al-Sahw) at the end of his prayer. However, if he remembers it after reaching the equivalent point in the subsequent unit, the Rak'ah in which the integral was forgotten is invalidated, and the current unit takes its place; he then completes a full Rak'ah to compensate and performs the prostration of forgetfulness.
 
It is stated in Nihayat al-Muhtaj ila Sharh al-Minhaj (Vol.1/P.543): 'If he becomes certain at the end of his prayer, or after the Salam—provided the interval is not long according to custom and he has not stepped on an impurity—that he omitted a prostration from the final Rak'ah, he must perform it and repeat the Tashahhud, as his previous Tashahhud occurred before its proper place. If the omission was from a Rak'ah other than the final one, he must perform a full Rak'ah, because the deficient unit was completed by a prostration from the subsequent one, rendering the rest of that subsequent unit void.' And Allah the Exalted knows best.