Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(50): "Ruling of Sharia on the Staff Provident Fund of a Shareholding Company"

Date Added : 27-12-2015

Resolution No.(50): "Ruling of Sharia on the Staff Provident Fund of a Shareholding Company"

Date: 2/5/1422 AH, corresponding to 22/7/2001 AD

We have received the following question:

What is the ruling of Sharia on the staff provident fund of a Jordanian shareholding company; and is the staff member subscribing to that fund obliged to pay Zakah in return for his savings in it?

Answer:

The Board is of the view that some of the investments undertaken by the above fund adhere to the rules of Islamic Sharia; whereas, others don`t. Therefore, profits made through lawful methods are equally lawful; whereas, those made from unlawful methods are equally unlawful.

Moreover, since subscribing to the above fund is mandatory, then there is no harm that every staff member subscribes to it because he has to make a living.

However, upon the collection of his claims from the above fund, including the profits, it is mandatory that every staff member investigates where they come from.

Therefore, those, which come from a lawful source of investment, are equally lawful.

Whereas, those which come from an unlawful source of investment are equally unlawful. The latter must be given to charity in order to get rid of the ill-gotten money.

However, if he couldn`t distinguish the lawful from the unlawful while knowing for sure that it is most probable that they include ill-gotten money, he may possess half of these profits on the basis that they are legitimate, and he should give the other half for charity to get rid of the ill-gotten money, unless he thought it is probable to be the other way around.

On the other hand, if he couldn`t tell the lawful from the unlawful while not knowing for sure that it is probable that they include money coming from an unlawful source, he may possess all of the profits as lawful money on the basis that Muslims` transactions are, in principle, valid and they are righteous people.

As regards the rule of Islamic Sharia on the Zakah of the savings of the staff member in that fund as well as that of their profits, the Board is of the view that he is obliged to give their Zakah once they reach Nisab (Minimum amount liable for Zakah) after one lunar year elapses over possessing them, in accordance with the opinion of the Maliki school of jurisprudence on the Zakah of debts. And Allah Knows Best.

 

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

Dr. Wasif al-Bakhri

           Dr. Abdulsalam Al-Abbadi

            Dr. Mohammad Abu Yahia

        Sheikh Sae`id Al-Hijjawi

               Sheikh Mahmood Shewayat

                                             Dr. Yousef Ali Ghyzan Sheikh Nae`im Mujahid 

 

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Summarized Fatawaa

Is it permissible for a woman in her menstrual period to recite from the Mus-haf (copy of the Quran ), or to recite by heart?

A menstruating woman is permitted neither to recite nor to touch the Quran according to what Ali Bin Abi Talib (May Allah be pleased with him) reported about the Prophet (PBUH) who was only held from reciting the Holy Quran by Janabah (Major impurity) [Al-Tirmizi in a sound Hadith]. Although Janabah and menstruation are major impurities, a menstruating woman is permitted to supplicate Allah (Duaa`) and make Zikr (Tasbihat ), even if these involved saying words from the Holy Quran, provided that she does not mean the words for themselves but as a supplication, or Zikr. Moreover, she is rewarded for not reciting the Quran during her menstrual period because she abided by the injunctions of Allah.

What are the Sunnahs and etiquettes recommended for the person offering the Udhiyah?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
There are several Sunnahs and etiquettes that are recommended for the person offering the Udhiyah (sacrifice) to observe, including:
 
1-It is Sunnah for the one intending to sacrifice to refrain from removing any hair or nails once the first ten days of Dhul-Hijjah begin. The Prophet (peace be upon him) said: "When the ten days [of Dhul-Hijjah] begin and one of you intends to offer a sacrifice, let him not touch [remove] any of his hair or skin." [Narrated by Muslim]. If someone does remove any hair or nails, they have not committed a sin, and their sacrifice remains valid.
 
2-It is recommended for the person offering the sacrifice to slaughter the animal themselves. If they are unable to do so, they should witness the slaughter. The Messenger of Allah (peace be upon him) said to Fatimah (may Allah be pleased with her): "Stand and witness your sacrifice, for indeed, with its first drop of blood, your [previous sins] are forgiven." [Narrated by Al-Bayhaqi and Al-Tabarani; it is classified as a weak (da'if) hadith].
 
3-The animal should be positioned to face the Qiblah at the time of slaughter, as the Qiblah is the most noble of directions.
 
4-The slaughterer should say: "Bismillah ar-Rahman ar-Rahim" (In the name of Allah, the Entirely Merciful, the Especially Merciful). Even if one forgets to say it, the sacrifice is still permissible to eat. Allah (Blessed and Exalted be He) says: "So eat of that [meat] upon which the name of Allah has been mentioned" [Al-An'am: 118]. It is also recommended to send blessings upon the Messenger of Allah (peace be upon him) and to say "Allahu Akbar" (Allah is the Greatest) after the Tasmiyah.
 
5-The slaughterer should pray for the sacrifice to be accepted by saying: "O Allah, this is from You and for You, so please accept it from me." (Allahumma hadhihi minka wa ilayka, fataqabbal minni). And Allah the Almighty knows best.

Should the Zakah (obligatory charity) giver tell the poor recipient that this is the Zakah of his money?

No, he shouldn`t. But, the Zakah giver should make an intention in his heart that it is the Zakah of his money when paying it to the poor. And Allah Knows Best.

What are the conditions for the validity of the slaughtering process according to Sharia?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Regarding the Sharia-mandated conditions for the validity of the slaughtering process (Adh-Dhabh), they are as follows:
 
The Identity of the Slaughterer: The person performing the slaughter must be either a Muslim or from the People of the Book (Christian or Jewish).
 
The Required Cuts: Both the trachea (windpipe/breathing passage) and the esophagus (food passage) must be completely severed.
 
Stability of Life: The animal must possess stable life at the start of the slaughtering process. This is identified by clear signs, such as vigorous movement or the forceful gushing of blood after the throat and esophagus are cut.
 
The Tool of Slaughter: The tool used must be sharp, capable of cutting or piercing by its edge and not by its sheer weight or blunt force.
 
And Allah the Almighty knows best.