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

What is the ruling on having slight discharges of menstrual blood during daytime of Ramadan, and before Maghrib time?

A woman who is certain that her menses have started during daytime of Ramadan is in a state of menstruation, and her fasting is considered broken at first sight of blood. However, she is rewarded for not breaking fast at the beginning of daytime.

I suffer from excessive gas, especially when I pray, and I redo my ablution more than seven times. I have obsessive thoughts about this matter, even though I went to a doctor and was given medication that did not help. What should I do?
 

If the release of gas stops at certain times between prayers, you should wait for that time, perform ablution, and pray. However, if it is continuous, you should perform ablution after the prayer time begins and pray, and the release of gas during the prayer is excused. And Allah The Almighty Knows Best.

Does the clipping of nails nullify ablution?

No, it does not, and it is preferable to wash the hands afterwards.

Is it permissible for a father to divide his property amongst his children except one under the pretext that he has paid for the latter`s tuition? This is knowing that his other children were given the opportunity to pursue their education but didn`t because they were educationally poor. Moreover, is he allowed to give his other children who have helped him with growing his business?

All perfect praise be to Allah the Lord of the Worlds. May Allah`s peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
The father should be just between his children as regards gifts, in case they had similar circumstances. However, if any had a special merit, then it is permissible for the father to take that into account to be just. For example, giving his children who have helped in making his fortune and received no reward for that or giving the little ones because they haven`t taken as much as the older ones or giving the sick child who is unable to make a living. The most important thing is achieving justice. Moreover, the father is not interdicted by any of his children, and he is free to do whatever he wants with his money and Allah will call him to account as regards observing justice between his children. And Allah The Almighty Knows Best.