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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

What is the meaning of the Udhiyah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Udhiyah (Sacrificial Offering) refers to the livestock (An'am) that is slaughtered as an act of drawing closer to Allah the Almighty. This takes place on the day of Eid al-Adha (the 10th of Dhu al-Hijjah) and during the three days of Tashreeq that follow the day of Eid. And Allah the Exalted knows best.

What is the ruling on reciting the takbīr from Sūrat aḍ-Ḍuḥā to Sūrat an-Nās upon completing the recitation of the Qur'an (khatm)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is recommended to recite the takbīr from the beginning of Sūrat aḍ-Ḍuḥā through to the end of Sūrat an-Nās, and this is the recitation practice of the people of Makkah.
It is stated in Nihāyat az-Zayn (p. 65): "It is sunnah to begin each sūrah with the basmalah, since it constitutes a verse of it. It is also sunnah to say, before each sūrah — from aḍ-Ḍuḥā to the end of the Qur'an — 'Lā ilāha illallāh, wallāhu akbar' (There is no god but Allah, and Allah is the Greatest), based on what has been narrated regarding Imam ash-Shāfi‘ī (raḍiyallāhu ‘anh), who heard a man reciting this takbīr in prayer, and said to him: 'You have done well, and you have hit upon the sunnah.'"
And Allah, the Exalted, knows best.

What is the ruling on discharges two or three days before the expected period of menstruation and the light-colored blood accompanying it? Must the woman abstain from prayer during this period?

If the total duration of these blood-tinged discharges reaches a day and a night (24 hours) or more, it is considered menstruation. If their total does not exceed 24 hours, it is not considered menstruation but is irregular bleeding (dam al-fasad). Each woman has specific cases for which she should ask the scholars. And Allah the Almighty knows best.

What is the virtue of performing ‘Umrah in Ramadan?

Ibn ‘Abbas narrated: "When the Prophet ﷺ returned from his Hajj, he said to Umm Sinan Al-Ansariyyah: ‘What prevented you from performing Hajj?’ She replied: ‘Abu So-and-so (referring to her husband) had two camels—he performed Hajj on one of them, and the other was used to irrigate our land.’ The Prophet ﷺ then said: ‘Performing ‘Umrah in Ramadan is equivalent to Hajj with me.’" [Narrated by Al-Bukhari]
The Prophet ﷺ also said: "An ‘Umrah in Ramadan is equivalent to a Hajj." [Narrated by Al-Tirmidhi]
For those who miss the opportunity to perform ‘Umrah in Ramadan, there are many other ways to earn great rewards. One of them is praying Fajr in congregation, then remaining in the mosque remembering Allah until sunrise, and praying two rak‘ahs.
The Prophet ﷺ said: "Whoever prays Fajr in congregation, then sits remembering Allah until the sun rises, and then prays two rak‘ahs, will receive the reward of a complete Hajj and ‘Umrah—complete, complete, complete." [Narrated by Al-Tirmidhi]

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