Resolutions of Iftaa' Board



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 one who slept while firmly seated on the ground, regarding nullification of ablution?

The default ruling regarding sleep is that it nullifies ablution. An exception to this is one who slept while firmly seated on the ground; his ablution is not nullified by sleep if he wakes up while still firmly seated on the ground. And Allah the Almighty knows best.

How do I deal with whispers (waswasa) in ablution and purification?

Whispers in ablution are from Satan, and the Muslim should not pay attention to them. He is not required to re-perform ablution or repeat washing a limb because of waswasa. He should always base his purification on its being valid. It is recommended for him to frequently say "La ilaha illa Allah" (There is no god but Allah), because Satan recoils when Allah is mentioned. And Allah the Almighty knows best.

What is the ruling on the follower`s prayer if the Imam stands for a fifth rak`ah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If the Imam stands up for an extra unit (rak‘ah) of prayer out of forgetfulness, he must return to the sitting position as soon as he remembers, and he should perform the prostration of forgetfulness (Sujud al-Sahw). It is the duty of the congregants (Ma’mumin) behind him to remind him. However, if the Imam is in a state of doubt regarding the extra unit (and not certainty), it is not permissible for him to return.
 
As for the congregants: anyone who is certain that the Imam has stood for an extra unit is forbidden from following him. In this case, the follower has two choices: either intend to separate from the Imam (Mufaraqah) and finish the prayer alone, or wait for the Imam in the sitting position and perform the final salams with him—the latter being the preferred option. If a follower knowingly follows the Imam into an extra unit, their prayer becomes invalid. However, if a follower is in doubt and not certain of the mistake, they must continue following the Imam, as the Imam was appointed to be followed.
 
It is stated in Al-Majmu’ (Vol.4/P.145): 'If [the Imam] stands for a fifth rak‘ah, the follower should not follow him, even if it is assumed that the Imam might have omitted a pillar from a previous unit; because if the reality is known, following him is impermissible since the follower has certainly completed their own prayer. Even if the follower had missed a previous unit (Masbuq) or was in doubt about performing a pillar like the Fatihah, and the Imam stood for the fifth, it is not permissible for the latecomer to follow him in it. This is because we know that this unit is not counted for the Imam and that he is mistaken in performing it.' And Allah the Exalted knows best.

Must a person refrain from eating for the rest of the day if they break a fast of a vow (nadhr) or a make up fast (qada)?

 

Whoever observes a vowed fast (nadhr) or a makeup fast (qada) is prohibited from breaking it without a valid excuse. If they break it without a legitimate reason, they are sinful.
However, they are not required to refrain from eating for the rest of the day, because such restraint is only required out of respect for the month of Ramadan, not for other types of fasting.