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Resolutions of Iftaa' Board

Resolution No.(228): "Ruling on Distributing Donations that haven`t Reached their Destination"

Date Added : 28-11-2016

Resolution No.(228)(12/2016) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Distributing Donations that haven`t Reached their  Destination"

Date: (8/Thulghidah/1437 AH), corresponding to (11/8/2016 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 tenth session held on the above date, the Board reviewed the question of the Secretary-General of the Vocational Syndicates Complex , and it reads as follows:

Out of solidarity with the people of Gaza in the aftermath of the latest Israeli aggression against them, the Vocational Syndicates have launched fundraising campaign in their favor. As a result, many  projects have been executed in cooperation with the Jordan Hashemite Charity Organization (JHCO) such as: caravan houses, clothes for children, stationery, medical supplies, and the like. The latest of these projects was purchasing winter clothes for the children with a sum of (100,000)JDs. from the donations dedicated to the strip. In fact, these were sent in lorries after coordinating with the (JHCO); however, the Israeli authorities allowed a third into the strip and returned the rest. This is what we have been told by the (JHCO) who also told us that resending this shipment is impossible because the Israeli occupation could ban delivering any type of aid in the future. Moreover, it is also hard to keep these items at the warehouse of the (JHCO) for long; therefore, could you tell us the ruling of Sharia on redistributing these items amongst the poor and needy in the Hashemite Kingdom of Jordan?

After deliberating, the Board decided the following:

There is no harm that the (JHCO) distributes these items amongst the poor and needy in Jordan since donations and charities should be spent in the channel for which they have been raised in the first place. If that wasn`t possible, then they should be spent in a similar channel, for Allah, The Almighty, Says (What means): "Allah tasketh not a soul beyond its scope." {Al-Baqarah/286} and " for God suffereth not the reward to be lost of those who do good;" {At-Tawbah/120}. In addition, the Prophet (PBUH) said: "You will be rewarded for what you intended" {Musnad Ahmad}. And Allah Knows Best.

 

Chairman of the Iftaa` Board, Sheikh Abdulkareem Khasawneh

Vice Chairman of the Iftaa` Board, Prof. Ahmad Helayel/Member

Prof. Abdulrazak Abulbasal/ Member

Prof. Abdullah Al-Fawaz/ Member

Dr. Yahia Al-Botoosh/ Member

Sheikh Sa`id Hijjawi/ Member

Dr. Mohammad Khair Al-Esa/ Member

Judge, Khalid Woraykat/ Member

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Zou`bi/ Member

 

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Summarized Fatawaa

What is permissible for the person who wants to ask for a woman`s hand in marriage to see from her body?

He is permitted to see her hands and face only, but if he wants to see more, then he has to send a woman that he trusts to do so.

Is it a condition for I‘tikaf to be performed in the mosque?

Yes, for I‘tikaf to be valid, it must be performed in a mosque. I‘tikaf is not valid if performed at home or elsewhere.

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

What is the ruling on omitting the prostration of recitation?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The prostration of recitation (Sajdat al-Tilawah) is a Sunnah for both the reader and the listener. There is no sin in omitting it, though doing so results in missing a great reward. Muslim narrated from Abu Hurairah (may Allah be pleased with him) that the Prophet ﷺ said: 'When the son of Adam recites a verse of prostration and prostrates, Shaytan withdraws weeping, saying: "Woe to him! (and in the narration of Abu Kuraib: "Woe to me!") The son of Adam was commanded to prostrate and he prostrated, so Paradise is his; and I was commanded to prostrate and I refused, so the Fire is mine."'
 
Sheikh al-Islam Imam al-Nawawi (may Allah have mercy on him) stated: 'It is recommended to prostrate immediately after reciting or hearing a verse of prostration. If one delays it but the interval is short, he may still prostrate. However, if the interval is long, the opportunity is missed.' [Rawdat al-Talibin Vol.1/P.323].
 
Furthermore, the prostration of recitation becomes obligatory (Wajib) in congregational prayer if the Imam prostrates, out of the necessity of following him. And Allah the Exalted knows best.

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