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Resolutions of Iftaa' Board

Resolution No.(54): "Amending the Act of the Post Office Savings Bank"

Date Added : 27-01-2016

 

Resolution No.(54): "Amending the Act of the Post Office Savings Bank"

Date: 15/8/1422 AH, corresponding to 31/10/2001 AD.

 

The Board has received the following question:

What is the ruling of Sharia on the articles of the post office savings bank act, and any recommended amendments?

After extensive deliberations, the Board decided what follows:

Article (3), Paragraph (B):

(The above savings bank accepts the invested funds, employs them, and gives them back to their owners in accordance with the regulations of this act. It is also allowed to accept funds allocated for investment through a special agreement with the financing party).

The Board is of the view that the following phrase should be added to this paragraph (All of which must adhere to the rules of Islamic Law)

Article (12), Paragraph (B):

(The Board may invite anyone to its meetings for consultation purposes regarding issues presented to it)

The Board is of the view that this article should be amended to read as follows:

(The savings bank has the right to decide investing its reserve, and that the made profits are automatically added to its account, which has accumulated over the years).

The Board is of the view that the word (benefits) stated in this article should be replaced with (profits).

Article (68):

(The Board may, with the approval of the cabinet, lay down the regulations needed for putting the rules of this act into effect).

The Board is of the view that this article should read as follows:

(The Board shall issue the regulations needed for implementing the rules of this act). And Allah Knows Best.

 

Iftaa` Board

Chairman of the Iftaa` Board, Chief Justice, Izz Al-Deen Al-Tamimi
            Dr. Mohammad Abu Yahia
           Dr. Abdulsalam Al-Abbadi
    Dr. Yousef Gheezaan

Dr. Wasif Al-Bakhri
   Sheikh Saeid Hijjawi
       Sheikh Na`eim Mojahid

 

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Summarized Fatawaa

Is it a condition for I‘tikaf to be performed in the mosque?

Yes, for I‘tikaf to be valid, it must be performed in a mosque. I‘tikaf is not valid if performed at home or elsewhere.

What is the ruling on congregational prayer performed outside the mosque, and is it a condition that it be performed in a mosque in order to attain the full reward?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is not a condition for attaining the reward of congregational prayer that it be performed in a mosque; however, a Muslim should still be keen to perform his prayers in the mosque, so as not to miss out on immense reward. This is due to the virtue of the mosque and of spending time there (i‘tikāf), the typically larger number of worshippers present, and the additional reward gained through walking to and from the mosque. On the authority of Abū Hurayrah (raḍiyallāhu ‘anh), the Messenger of Allah ﷺ said: "Whoever purifies himself in his house, then walks to one of the houses of Allah to fulfill one of the obligations Allah has prescribed, one of his steps will erase a sin, and the other will raise him a degree [in status]." (Related by Muslim)
Whoever misses congregational prayer at the mosque should still strive to pray in congregation at his workplace, or together with the members of his household. And Allah, the Exalted, knows best.

I hired a private tutor for my son through an academy that sends teachers [to families] and takes a percentage [of their pay]. At the start of the [new] school year, I arranged directly with that same teacher, without the academy's knowledge. What is the ruling on this?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The ruling on this matter depends on knowing the specific terms of the agreement and contract concluded with the academy. If the agreement stipulates that no arrangement may be made with any of the students except through the academy itself, then it is not permissible for you to breach the terms of this contract, based on the words of our master, the Messenger of Allah ﷺ: "Muslims are bound by their conditions." (Related by al-Bukhārī)
However, if the agreement pertains only to teaching a specific subject, and the agreement concludes once that subject is finished, then there is no objection to arranging with the teacher to teach other subjects after the contract period has ended, outside of the academy.
Whatever the case maybe, the teacher must uphold the terms of his contract with the academy. And Allah, the Exalted, knows best.

What is the ruling on reciting the Noble Qur’an during menstruation?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is impermissible for a woman in menses, a woman in postnatal bleeding, or a person in a state of major ritual impurity to recite any part of the Noble Qur’an with the intention of recitation, even from a mobile phone or a computer, and even if the recitation is from memory. It is narrated on the authority of ʿAlī ibn Abī Ṭālib (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) “was not prevented, or he said kept back, from the Qur’an by anything except janābah (major ritual impurity).” It was narrated by Abū Dāwūd and al-Tirmidhī, who said: “Ḥasan ṣaḥīḥ.”
Janābah and menstruation are one and the same in that both constitute a major ritual impurity. Just as a woman is commanded by Allah Almighty to pray, fast, and recite the Noble Qur’an during her period of purity, she is likewise commanded to refrain from these during the period of her excuse.
For further reference, see the fatwas: (Fatwas of Shaykh Nūḥ, Fatwa no. 27) and (248). And Allah Almighty knows best.

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