Resolutions of Iftaa' Board



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 offering a sheep as a sacrifice (Udhiyah) if its fat-tail is sound, except that when it was young, the tip of its fat-tail was cut so that it would grow larger? And what is the ruling in case of doubt regarding the amount that was cut?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Cutting a minor, insignificant portion from the tip of an animal's fat-tail (al-alyah) to encourage it to grow larger is not considered a defect, and it does not prevent the animal from being valid for sacrifice (Udhiyah).
 
It is stated in Tuhfat al-Muhtaj (Vol.9/P.352): "There is some scholarly deliberation regarding the common practice of cutting the tip of the fat-tail so that it grows larger. It could potentially be likened to a partial cut of the ear—supported by the jurists' general rule: 'even if it is a small amount.' On the other hand, if it is an exceptionally minor cut, it might have no effect on validity. This is explicitly clarified by the juristic exception to the general rule, which states that cutting a tiny piece from a large limb causes no harm. This latter view is more well-founded.
 
Furthermore, I found that some scholars investigated this matter and concluded: 'It should not affect validity if a custom-sanctioned portion of its fat-tail is removed during its youth to make it grow larger and look better, just as castrating a male animal causes no harm.' However, applying this unconditionally contradicts the established texts of the jurists, as understood from what I have laid out; thus, the restriction I specified is what must be relied upon."
 
Similarly, it is mentioned in Nihayat al-Muhtaj (8/135): "If a small piece is cut from the fat-tail to help it grow larger, the most well-founded view is that the sacrifice remains valid, as was given in a formal legal verdict (Fatwa) by my father [Shihab al-Din al-Ramli], may Allah be pleased with him. This is proven by the jurists' maxim: 'The loss of a tiny piece from a large limb causes no harm.'"
 
In cases where there is doubt as to whether the portion cut was large or small, the animal is still deemed valid for sacrifice. It is noted in Hashiyat al-Shubramallisi ‘ala Nihayat al-Muhtaj (Vol.8/P.135):
 
"This matter requires careful consideration, but the closer and more correct view is that it is valid. This is because soundness is the default state for the animal from which the piece was cut, and it aligns with what usually occurs—namely, that the part removed to help the fat-tail grow larger is naturally very small." And Allah the Almighty Knows Best.

Is it permissible for a suitor to go out with his fiancé upon the conclusion of the marriage contract?

Upon the conclusion of the marriage contract, the woman becomes lawful for her husband. However, the customary practice should be observed in this regard since rights could be lost in case of divorce, or death.

What should one do if they see someone deliberately eating or drinking openly during Ramadan?

They must enjoin what is right and forbid what is wrong. If they fear harm from that person, they should disapprove of it in their heart but avoid sitting with them if possible. It is also preferable to seek the help of the authorities to prevent them from doing so.

What is the ruling on performing dry ablution (tayammum) on a wall or stone?

One of the conditions for tayammum is that it be with pure, clean dust (soil). It is not valid to perform tayammum by striking stones, a wall, sand that has no dust (i.e., that does not produce dust), pebbles alone, or clay, as these are not from the earth or its same category. And Allah the Almighty knows best.