Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(107): "Proposed Amendments to the System of the Income and Sales Tax Department Fund"

Date Added : 12-04-2016

 

Resolution No.(107) by the Board of Iftaa`, Research and Islamic Studies:

"Proposed Amendments to the System of the Income and Sales Tax Department Fund"

Date: 26/4/1427 A.H, corresponding to 24/5/2006 A.D

 

We have received the following question: What is the ruling of Sharia on the instructions governing the disbursement of money from the Income and Sales Tax Department Fund, published in the official gazette?

Answer: All success is due to Allah.

First: Article (5), paragraphs (H, Z)

Paragraph (Z) stated that among the Fund`s revenues is:  "Loans obtained by the Fund from any source to be given as housing loans to the Department`s employees."

Paragraph (Z) stated that another source of the Fund`s revenues is: "Benefits and profits achieved by the Fund`s investment of the revenues referred to in the aforementioned article."

The Board is of the view that the following sentence must be added to the above paragraphs:"In line with the provisions of Islamic Law."

Second: Article (6) stated: "The committee shall deposit, the money referred to in article (5), in one or more of the non-Islamic banks."

The Board is of the view that the above money must be deposited in Islamic banks.

Third: Article (18) stated: "The administrative committee shall have the right to initiate all legal procedures against those who fall behind in repaying their monthly allocations, for whatever reason, in line with the stipulations of the concluded loan-contract."

The Board views that the above procedures must comply with the provisions of Islamic Law.

Fourth: Article (19), paragraph(A): "The loanee shall be charged with 2%, as administrative and general expenses, from the value of the loan, to be deducted instantly upon receiving the first payment."

The Board is of the view that a definite amount must be specified for all types of loans regardless of their value, and not a percentage from the value of the loan itself, in order to avoid Riba(Usury/interest).

Fifth: Article (22), paragraph (1): "The administrative committee shall have the authority, after the approval of the Director-General, to issue executive decisions concerning the following:

1- Developing the Fund`s resources.

2- Any decisions that guarantee executing the provisions of these instructions."

The Board is of the view that developing the Fund`s resources must comply with the provisions of Islamic Law. And Allah Knows Best.

 

 

Chairman of the Iftaa` Board, Chief Justice, Dr. Ahmad Hilayel

Dr. Yousef Ghizan/Member

Dr. Abdulmajeed Assalaheen/Member

Sheikh Sa`ied Hijjawai/Member

Sheikh Abdulkareem Khasawneh/Member

Sheikh Na`iem Mojahid/Member

Dr. Wasif Albakhri/Member

 

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Summarized Fatawaa

Is it permissible to combine Zuhr and Asr prayers for being occupied with a wedding ceremony?

No, it isn`t permissible to combine Zuhr and Asr, or Maghrib and Isha because of being busy with a wedding since the exemption for combining prayers is based on lawful excuses, and this isn`t one of them. And Allah Knows Best.

I`m infatuated with a man, is it permissible for me to make supplication that he falls in love with me and becomes my husband?

Islam has honored women by being proposed to by men, and not the other way around, so it is inappropriate for a woman to propose to a man since one who hastens in asking for a thing prematurely shall be punished by deprivation. In fact, such a phenomenon is the result of unlawful mixing between the two sexes.

What is the ruling on bypassing a nearby mosque for a distant one?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If a distant mosque has a larger congregation (Jama‘ah) while the congregation in the nearby mosque is smaller, and the congregation in the nearby mosque is not adversely affected by the worshiper's absence, then it is better for him to pray in the distant mosque with the larger congregation. However, if the congregation in the nearby mosque would be affected by his absence—such as if he is its Imam, or if his presence encourages others to attend—then praying in the nearby mosque is better. This ensures that the congregation is established in two different locations within the community. This is based on the saying of the Prophet ﷺ: 'A man's prayer offered with another man is purer than his prayer which he offers alone, and his prayer with two men is purer than his prayer with one and if they are more (in number), it is more beloved to Allah, the Mighty the Majestic' (Narrated by Ahmad, Abu Dawood, and An-Nasa'i). And Allah the Exalted knows best.

Which is better for a traveler: fasting or breaking the fast?

Fasting is better, unless it causes hardship—in that case, breaking the fast is better.