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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 considered a woman`s Awrah (parts of the body that must be concealed during prayer) while offering prayer, and is her foot part of it?

A woman`s whole body is considered an Awrah while offering prayer except the hands and the face. Thus, her foot is an Awrah as well. And Allah Knows Best.

Does the intention (niyyah) of the principal (muwakkil) suffice for the sacrifice (dhabḥ) of the udhiyyah?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person appoints an agent (wakīl) to perform the slaughter (dhabḥ) on their behalf, the intention (niyyah) of the principal (the one appointing the agent) suffices, and there is no need for the agent to have this intention himself. In fact, even if the agent is unaware that he is performing the sacrifice on someone's behalf as an udhiyyah (sacrificial offering), this does not affect its validity. And Allah, the Most High, knows best.

Does the fast become invalid if water from rinsing the mouth reaches the stomach while performing ablution?

If water reaches the stomach without the fasting person exceeding normal rinsing or being excessive, their fast remains valid.
However, if they exceed the normal practice or exaggerate in rinsing, causing water to enter the stomach, their fast is invalid.
This is because excessiveness in rinsing is prohibited for a fasting person, as the Prophetﷺ said: "Exaggerate inhaling water during ablution, except when you are fasting." [Narrated by the Four Imams]
Transgression (Ta‘addi) refers to rinsing the mouth more than three times, while exaggeration (Mubalaghah) includes gargling, drawing water deep into the nasal passages, or filling the mouth with water in an unusual manner.

What is required of a traveler or a sick person if they broke their fast and then their excuse ceased?

If a traveler settles or a sick person recovers after having broken their fast, it is recommended for them to refrain from eating and drinking for the rest of the day, but it is not obligatory.

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