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Resolutions of Iftaa' Board

Resolution No.(225): "Ruling on the Zakat Fund`s Delaying the Payment of the Zakat Surplus till the Coming Year"

Date Added : 28-11-2016

Resolution No.(225) by the Board of Iftaa, Research and Islamic Studies:

"Ruling on the Zakat Fund`s Delaying the Payment of the Zakat Surplus till the Coming Year"

Date: 25/Sha`ban/1437 AH, corresponding to 1/6/2016 AD.

All perfect praise be to Allah, The Lord of the Worlds, and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
During its seventh session held on the above date, the Board reviewed the question received from the Zakat Fund`s Director-General, and  reads as follows: 
The Zakat Fund pays a total of (2,500,000) as monthly allowances to (3000) poor families from the Zakat money it receives. If these revenue are equal to what the Fund pays to the poor families, then there is no harm in that; but if they aren`t, then the surplus should be delayed to the following years so as for the Fund to cover those allowances. Does this contradict Sharia?
After deliberating, the Board decided the following:
In principle, Zakat must be paid immediately because it is an acknowledged right for the beggar and the deprived. This right is due by the end of each lunar year since it is forbidden to delay giving rights to whom they belong. Al-Khateeb Ash-Shirbini said: "Zakat must be paid immediately because its recipients are in need for it." {Moghni Al-Mohtajj}. If the availability of the Zakat money for the coming year is guaranteed, Insha`Allah, it is more prudent to divide the surplus amongst the recipients by adding it to their monthly allowances or to increase the number of recipients in order to help other poor and needy people to cover their expenses without delaying the payment of Zakat money.
However, if the Zakat Fund is certain that it can`t afford the allowances of the poor for the coming year, and decided that delaying the distribution of the surplus amongst them is in their best interest, then there is no harm in doing that, because scholars have permitted the administrator of the Zakat funds to delay paying them for a necessity, as stated by Sheikh Al-Islam Zakaria Al-Ansari: "It is permissible for the administrator of the Zakat funds, who is appointed by the ruler, to delay their distribution in order to receive more funds since he isn`t obliged to give each small sum that he receives". [Asna' Al-Matalib]. And Allah Knows Best.

Chairman of the Iftaa` Board, Sheikh Abdulkareem al-Khasawneh
Vice chairman, Prof. Ahmad Hilayel
Dr. Hayel Abdulhafeez/ Member
Sheikh Sa`ied Hijjawi/ Member
Prof. Abdlnasser Abulbasal/ Member
Prof. Abdullah Al-Fawaaz/ Member
Islamic Judge Khaled Woraikat/ Member
Dr. Mohammad Khair al-Eesa/ Member
Dr. Mohammad al-Zou`bi/ Member
Dr. Mohammad Al-Khalayleh/ Member

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Summarized Fatawaa

What is the ruling on the follower (*maʾmūm*) reciting Sūrat al-Fātiḥah behind the imam?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
In our school of Islamic thought, the Shāfiʿī school, reciting al-Fātiḥah is obligatory in every rakʿah of the prayer for the imam, the follower (maʾmūm), and the one praying individually (munfarid), because it is one of the pillars (arkān) of the prayer. Whoever does not perform it, his prayer is invalid, whether the prayer is silent (sirriyyah) or audible (jahriyyah), based on the saying of the Prophet (peace and blessings be upon him): “The prayer of the one who does not recite the Opening of the Book (Fātiḥat al-Kitāb) is invalid.” Agreed upon.
It is stated in ʿUmdat al-Sālik, one of the books of the Shāfiʿī school: “He recites al-Fātiḥah in every rakʿah, whether he is the imam, the follower, or the individual worshipper.”
The jurists of the other schools hold a different opinion, which was previously explained in Fatwa no. (3169); please refer to it. And Allah Almighty knows best.

What is the ruling of Islamic Law on one who died owing debts and left no wealth? Is it obligatory upon the heirs to settle these debts?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The general rule is that if a person dies owing rights to other people, such as debts, these are settled from his estate, if he left any wealth, before the estate is divided. The Prophet (peace and blessings be upon him) said: “The believer's soul is suspended by his debt until it is settled for him.” Graded ḥasan by al-Tirmidhī. Repayment of debts takes precedence over the heirs’ right to inheritance.
If the deceased left no estate, or left wealth that was insufficient to cover his debts, it is not obligatory for the heirs to pay from their own wealth, but it is recommended for them to do so, because the deceased’s dhimmah (legal liability) remains occupied by the debt. It is reported in some narrations that he remains held in suspension until his debt is paid, and it is not part of filial righteousness for a child to leave his father’s dhimmah burdened with debt.
All of the children may contribute to settling the debt on behalf of their father and cooperate in doing so, even in installments, according to their ability. And Allah Almighty knows best.

What is the ruling on istibra' and how is it performed?

Istibra' (cleansing from urine) is recommended. It is for a person to ensure that nothing remains of urine in its passage before performing istinja'. Its method is: to clear the throat (or cough slightly), shake the penis (meaning to pass fingers along it to expel any remaining urine if needed), and walk a few steps to the extent that one thinks nothing of urine remains if walking is needed. Each person knows his own nature best. The preferred opinion is that this differs among people. The objective is for one to think that nothing remains in the urinary passage that he fears will exit later. And Allah the Almighty knows best.

What do you say about someone who stays up all night on Laylat al-Qadr but misses Fajr prayer?

Such a person has deprived themselves of a great reward. Performing obligatory acts is more beloved to Allah than voluntary acts. Fajr prayer is an obligation, and performing it in congregation is equivalent to worshiping for the entire night. So how can someone neglect it while striving for voluntary prayers?!

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