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Resolutions of Iftaa' Board

Resolution No.(18): "Ruling on Islamic Mudarabah for Social Solidarity"

Date Added : 15-12-2015

Resolution No.(18) by the Board of Iftaa`, Research and Islamic Studies: 
"Ruling on Islamic Mudarabah for Social Solidarity"
Date: 10/5/1411 AH, corresponding to 27/11/1990

We have received the following question:

What is the ruling of Islamic Sharia on Islamic Mudarabah (co-partnership) for social solidarity and investment for protecting employers, Rahn (security) and students?

Answer:

All perfect praise be 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.

Over several sessions, the Board has reviewed the above system of Mudarabah. After thorough examination of its particulars pertaining to the protection of employers, Rahn and students, the Board found that they involve no violation to the rules of Islamic Sharia; therefore, it approves them as they are. And Allah Knows Best.

 

Chairman of the Iftaa` Board, Chief-Justice, Mohammad Mohailaan    

The Grand Mufti of Jordan, Izuldeen Al-Tamimi

Sheikh Ratib Az-zahir

Dr. Abdulsalam Abbadi

Dr. Yaseen Daradkeh

Dr. Ahmad Hilayel

Ibrahim Khashan

Dr. Ibrahim Zeid Al-Kilani

 

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Summarized Fatawaa

 I`m keeping a plot of land (10 Dunums) for my children. Is it liable for Zakah?

Praise be to Allah, The Lord of the Worlds.

Land that is purchased with the intention of ownership and personal benefit—meaning to retain it for use and not for trade—is not subject to zakāh, as such property is not considered from trade commodities (ʿurūḍ al-tijārah).
 
It is stated in Al-Ḥāwī al-Kabīr:
“If it is property and one intends it for trade, then zakāh is due upon it; but if he intends it for personal possession, then no zakāh is due upon it.” And Allah, the Exalted, knows best.

 

What is the Islamic ruling on one who was unable to fast and then regained the ability?

 
He is not required to make up the fast (Qada) even if he becomes capable of it; whether he regained the ability to fast after paying the fidya (feeding a needy person for each day of missed fasting) or before it, because he was liable for paying it in the first place, so it remains binding upon him. However, if he delayed paying it beyond the first year, nothing is required of him due to the delay. If he is unable to pay it, it does not remain as a debt upon him. And Allah the Exalted knows best.

Is it permissible to give to the poor from among the People of the Book from the Udhiyah?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
It is permissible to give to the poor among the People of the Book from a voluntary sacrifice (uḍḥiyyat taṭawwuʿ), just as it is permissible to give charity (ṣadaqah) to them. This opinion is a view (wajh) within the Shāfiʿī school, which was favored by al-Muḥibb al-Ṭabarī and Imam al-Nawawī. [See: Ḥāshiyat Ibn Qāsim al-ʿAbbādī ʿalā Tuḥfat al-Muḥtāj (Vol.9/P.365)]. And Allah Almighty knows best.

Is it incumbent on a husband to pay the alimony of his wife if she had left him and stayed at her parent`s without his permission?

When a wife leaves her house, and stays at her parent`s without asking her husband, she is considered a Nashiz (wife who refuses to abide by her husband’s orders), and so she doesn`t deserve an alimony.

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