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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

What is the ruling on undoing braids of hair during the ritual bath?

It is not a condition to undo braids if the water reaches all the hair and penetrates to its base. If the water does not reach except by undoing the braids, then it is obligatory to undo them for the water to reach. And Allah the Almighty knows best.

How to perform the witr prayer in terms of connection (wasl) and separation (fasl)?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Witr prayer has several forms that vary in terms of virtue:
 
The First Form: Separating every two units (rak‘ah) with a Tashahhud and a Taslim (salutation). This is superior to connecting the units, even if it is only a single rak‘ah. This is based on the Hadith of ‘Aishah (may Allah be pleased with her): 'The Messenger of Allah ﷺ used to pray eleven units between the end of the ‘Isha prayer and dawn, performing the Taslim after every two units and performing Witr with a single unit.' (Related by al-Bukhari & Muslim).
 
The Second Form: Connecting the units with only one final Tashahhud at the very end.
 
The Third Form: Connecting with two Tashahhuds—meaning reciting the Tashahhud before the final unit without performing the Taslim, then standing to complete the final unit. This form is considered the lowest in rank so that the Witr prayer remains distinct from the obligatory Maghrib prayer, as stated in the Hadith: 'Do not make the Witr resemble the Maghrib prayer.' (Narrated by Al-Daraqutni, who stated its narrators are trustworthy).
 
It is stated in Bushra al-Karim Sharh al-Muqaddimah al-Hadramiyyah: 'It is permissible to connect [the Witr] with one Tashahhud in the final unit—which is better—or with two Tashahhuds in the last two units, as both methods are established in Sahih Muslim from the actions of the Prophet ﷺ. In the connected method, more than two Tashahhuds are prohibited. Furthermore, separating (al-Fasl) is better than connecting (al-Wasl) if the number of units is the same, because the Hadiths supporting it are more numerous and it involves more devotional actions.' And Allah the Exalted knows best."

What is the ruling on swearing on the Holy Quran and breaking that oath?

It is impermissible to swear on the Holy Quran in vain, and it is also impermissible to subject it to such an act since breaking the oath after swearing on the Quran entails an expiation.

What is the ruling on wiping the head during ablution from behind a barrier like a headscarf (hijab)?

The obligation in ablution is to wipe some of the head; it is not a condition to wipe all of it. As for one who has a turban or headscarf on their head, it is permissible for them to wipe over it after wiping a part of their head in any place. This is easily done at the front of the head. This means the woman begins by wiping the front of her head from under the headscarf, then completes the wiping to the back of the head from over the headscarf. If the woman wipes over the headscarf on her head and the moisture reaches the scalp or some hair within the boundaries of the head, it suffices for wiping the head. And Allah the Almighty knows best.

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