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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(221): "The Prize Resulting from Transferring the Maid`s Salary is hers, not her Employer`s"

Date Added : 23-02-2016

Resolution No.(221) (3/2016) by the Board of Iftaa`, Research and Islamic Studies:

"The Prize Resulting from Transferring the Maid`s Salary is hers, not her Employer`s"

Date: 8/Jumada 1/ 1437, corresponding to 17/2/2016 AD.

All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

During its second session held on the above date, the Board reviewed a question that read as follows:

I transfer my maid`s salary, to her family, through an exchange office which holds a prize draw on such transfers. Do I have the right to collect the won prize or is it my maid`s, taking into consideration that I pay for the transfer fees?

After deliberating, the Board decided what follows:

The salaries of the above employer`s maid, which he transfers to her family, are a debt on him. Legal scholars define debt as "A rightful obligation due on a person", and this includes any confirmed obligation incurred by a loan, a sale/transaction, an Ijarah (hiring) or else.

The above salaries is a debt, on you, possessed by your maid, in return for her work at your house, and she is permitted to dispose of it as she likes, including appointing you as her proxy with that money. Legal scholars have permitted  authorizing  the person,  on whom one`s debt is due, to dispose of that debt the way they ask him to.

For instance; the proxy in this regard is permissible as stated by scholars; whereas Ashrbini stated: "If he/she authorized their employer to buy them an item in return for their debt, due on him, and he did, then that is permissible according  to the more famous of the two opinions that validate proxy purchase." [Al-Mughni, vol3/pp.236].

In conclusion, the above money is possessed by the maid, and her employer functions as her proxy in transferring it to her family abroad; therefore, the loss or profit incurred by that proxy contract is hers, so the prize is hers as well; because it has resulted from her authorizing him. And Allah Knows Best.

 

Chairman of the Iftaa` Board, The Grand Mufti of Jordan, Sheikh Abdulkareem Alkhasawneh

Vice Chairman of the Iftaa` Board, Prof. Ahmad Hilayel

Dr. Hayel Abdulhafeez/ Member

Prof. Abdulnnasir Abulbasal/ Member

Sheikh Sa`eid Hijjawi/ Member

Dr. Yahia Albotoosh/ Member

Dr. Mohammad Khair Alessa/ Member

Dr. Khalid Alworaikat/ Member

Prof. Abdullah AlFawaaz/ Member

Dr. Mohammad AlKhalayleh/ Member

Dr. Mohammad AlZou`bi/ Member

 

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Summarized Fatawaa

What are the Sharia consequences when the sacrificial time for the uḍḥiyyah comes to an end?

 
 
 
 
 
 

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
If the sun sets on the final day of Tashriq (the 13th of Dhu al-Hijjah) and the Udhiyah (sacrificial animal) has not yet been slaughtered, its designated time has expired. Should a person slaughter it after this point, it will not be counted as an Udhiyah.
 
However, if the sacrifice was a vowed one (Mandhurah), they are strictly obligated to slaughter it as a makeup act (Qada’), and its meat must be distributed entirely according to the rules governing vowed sacrifices.
 
It is stated in Bushra al-Karim (p. 702): "If one slaughters after sunset on the final day [of Tashriq]... it does not count as an Udhiyah, unless it was a vowed sacrifice, in which case it is fulfilled as a makeup act (Qada’)." And Allah the Almighty Knows Best.

What are the key differences between the 'aqīqah and the uḍḥiyyah?

 All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The following are the key differences between the 'aqīqah and the uḍḥiyyah:
First: The 'aqīqah is slaughtered as an act of drawing closer to Allah the Almighty and expressing gratitude for the blessing of a newborn child. The uḍḥiyyah, on the other hand, is slaughtered as an act of drawing closer to Allah and expressing gratitude to Him specifically during the days of slaughter (ayyām al-naḥr).
Second: The 'aqīqah is performed on the seventh day from the birth of the newborn, whereas the uḍḥiyyah is performed on Eid al-Aḍḥā and its time extends for three days after the Eid.
Third: The 'aqīqah is performed once in a lifetime for the newborn, whereas the uḍḥiyyah is recommended every year for the one who is financially capable to offer it.
Fourth: It is Sunnah for the one intending to offer the uḍḥiyyah to refrain from cutting his hair and nails until after he has slaughtered. This is not a Sunnah for the one intending to perform the 'aqīqah.
Fifth: It is Sunnah for the 'aqīqah to be cooked and distributed to the poor in its cooked form. The uḍḥiyyah, by contrast, must be distributed as raw meat. And Allah Almighty knows best.

 
What is the ruling on someone who eats or drinks thinking that the sun has set, then realizes that it has not yet set?

Whoever eats or drinks believing that the sun has set, then later discovers that it has not yet set, their fast is invalid, and they must make up that day after Ramadan. It is not permissible to break the fast before confirming sunset—either by seeing it, through personal reasoning, or by relying on the statement of someone trustworthy in their religious commitment.

 I`m keeping a plot of land (10 Dunums) for my children. Is it liable for Zakah?

Praise be to Allah, The Lord of the Worlds.

Land that is purchased with the intention of ownership and personal benefit—meaning to retain it for use and not for trade—is not subject to zakāh, as such property is not considered from trade commodities (ʿurūḍ al-tijārah).
 
It is stated in Al-Ḥāwī al-Kabīr:
“If it is property and one intends it for trade, then zakāh is due upon it; but if he intends it for personal possession, then no zakāh is due upon it.” And Allah, the Exalted, knows best.

 

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