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

Is it valid to share in the 'aqīqah by contributing a seventh share of a camel or cow?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
Yes, it is permissible. If a group of people jointly share in the slaughter of a camel or a cow on behalf of seven individuals, this is valid — regardless of whether all of them intend the 'aqīqah, or some intend the 'aqīqah, others the uḍḥiyyah, and others simply the purchase of meat. And Allah Almighty knows best.

"I told my family at night: 'I will fast tomorrow as qaḍā' (a make-up fast),' but I forgot to make the intention before sleeping. Is my fast valid?"

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
 
The intention is obligatory in acts of worship. For obligatory fasting, the required intention is to resolve to fast during the night [before dawn]. Its proper locus is the heart, while verbalizing the intention out loud in acts of worship is a sunnah — so that the tongue may align with the heart. If the intent behind the statement in question was the intention to fast, then it is valid; but if the intent was merely to inform someone, or reflected hesitation or doubt, then it is not valid.
 
It is stated in *Bushrā al-Karīm* (Vol.1/P.216): "It is a sunnah to verbalize the intention — that is, whatever has already been intended in the heart, whether an obligatory or a voluntary act — such as specifying the number of rak‘ahs, just before the opening takbīr — so that the tongue may assist the heart, and because this is further removed from whispered doubts (waswasah), and in order to accommodate the view of those who held it obligatory in every act of worship that requires an intention (even though this is a minority position), by analogy with Ḥajj."
 
Accordingly: if the intention to fast arose in your heart before the second adhān [i.e., before Fajr], then your fast is valid.
 
And Allah, the Exalted, knows best.

If someone delays making up fasts for a year, can they give fidyah before performing qada?

Yes, it is permissible to give fidyah before making up the missed fasts (qada), because each is an independent obligation, and there is no required order between them. 

What is the ruling of Islamic Law on performing the Witr prayer after the Adhan for Fajr prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The time for Witr prayer begins after the ‘Ishā' prayer and ends with the rising of true dawn (al-fajr aṣ-ṣādiq). If a Muslim performs it at any point within this window, it counts as performed on time.
It is also recommended to make up a missed Witr prayer at any time — whether before or after performing the Fajr prayer, or at any other time of day. On the authority of Abū Sa‘īd al-Khudrī (raḍiyallāhu ‘anh), the Messenger of Allah ﷺ said: "Whoever falls asleep and misses the Witr prayer, or forgets it, let him pray it when he remembers, or when he wakes up." (Related by at-Tirmidhī)
Shaykh al-Islām, Imam Ibn Ḥajar al-Haytamī (raḥimahullāh), says: "The time for Witr prayer is between the ‘Ishā' prayer and the rising of dawn, based on the authentic ḥadīth to this effect. If this time has passed, it is permissible for him to make it up (qaḍā') afterward." [Tuḥfat al-Muḥtāj]. And Allah, the Exalted, knows best.