Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Date Added : 21-04-2016

 

Resolution No.(222) By the Board of Iftaa, Research and Islamic Studies:

"The Ruling on the Sums Wrongly Transferred by (S.S.C) to the Deceased's Account" 

Date: 29/Jumada2/1437 AH, corresponding to 7/4/2016 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.

The Board reviewed the letter of the General Director of The Social Security Corporation (S.S.C), on the above date, which reads as follows:

Could your Grace clarify the ruling of Sharia as regards a bank declining from giving back the amounts transferred by the Corporation to the account of one of its beneficiaries after his death because it wasn`t notified about that, and how to divide those amounts among his heirs? It should be noted that the law stipulates ceasing the transfer of a person`s salary from the date of their death, and the Corporation should divide it among his heirs-if there were any - and in retroactive effect from that same date. Is it permissible for the bank to keep those salaries under the pretext that the heirs are entitled to them, or is it permissible for it to deduce the debts, due on the deceased, from those salaries, which aren`t considered the right of the deceased in the first place?

Having deliberated the above question, the Board decided the following: 

The Social Security System is among the public interests drawn up by contemporary laws in order to achieve security and stability for the working class of the Muslim community. Those benefits go under the umbrella of socio-cooperative insurance where contributions are made by the employee, the state and the Corporation. When the he/she becomes eligible to receive the benefits, they are granted to him/her as a donation.

The Corporation has the right to claim back the amounts that it has transferred to the beneficiary after his death because he isn`t entitled to receive them. Juristic principles have established the following: "A clearly wrong conjecture doesn`t count", and the eligibility to receive the above benefits is tied with the beneficiary being alive, if he/she isn`t, they become the right of the Corporation, to be given by it to the eligible recipients , as stipulated by the regulations observed in such situation.

In conclusion, the Corporation has the right to claim the amounts that it had transferred to the beneficiary`s account by mistake in order to dispose of them in line with the regulations of the Social Security. And Allah Knows Best.

 

Chairman of  the Iftaa` Board,

 Abdulkareem Khasawneh/Member

Vice chairman of the Iftaa` Board, Prof. Ahmad Hilayel/Member

Dr. Hayel Abduhafeez/Member

Prof. Abdulnaser Abulbasal/Member

Sheikh Saeid Hijjawi/Member

Dr. Yahia Albotoosh/Member

Prof. Abdullah Alfawaz/Member

Judge Khalid Woraikat

Dr. Mohammad Khair Al-Esa

Dr. Mohammad Alzou`bi

Dr. Mohammad Alkhalayeleh/Member 

 

 

Decision Number [ Previous | Next ]


Summarized Fatawaa

Does Husband fasting while being impure for having sexual intercourse with his wife at night permissible?

Yes it is permissible for you to fast because impurity isn't among valid fasting conditions, but you are obliged to perform ritual impurity in order to catch up Fajr prayer at its due time. And Allah Knows Best.    

What is the ruling when the monthly period when exceeding (15) days?

The maximum duration of menstruation is 15 days. If it exceeds this, it is considered irregular bleeding (Istihada). In this case, one must perform ghusl (Ritual bath) after menstruation, pray, and make wudu for each prayer after its time begins. She should return to her previous menstrual habit regarding duration and timing. For example, if her period used to be from the 20th to the 27th of each month, this is considered her menstruation period. Anything before or after this is Istihada, during which she only leaves prayer and fasting for the habitual menstrual days, then performs ghusl and resumes praying.

Is it permissible for the heirs of the person who caused the accident (The Killer) to fast (The intended as an expiation for unintentional killing) on his behalf if the latter died in the crash?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
 
One who dies while liable for obligatory fast, his/her guardians have the choice to either fast on his/her behalf or feed one poor Muslim for each day of missed fast. This applies to Ramadan and other obligatory fast, and since expiatory fast is obligatory, feeding a poor person for each missed day or fasting on behalf of the deceased is obligatory as well. And Allah The Almighty Knows Best.

What is the ruling on obtaining a house through the King Abdullah II project (Decent Housing for a Decent Living), knowing that we do not own a house, our financial situation is moderate, our current rental costs are high, and we are eight people living in the household?
 
 
 
 
 

If owning the apartment/house is done through the same institution/project then it is permissible, but if this took place through usurious banks then it is impermissible, since dealing with usurious transactions is unlawful. And Allah Knows Best.