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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 the Sharia basis of the Udhiyah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
The Sharia basis of the Udhiyah (sacrificial offering) is firmly established through the Quran, the Sunnah, and the Consensus (Ijma') of the Muslims:
1. Evidence from the Holy Quran
Allah the Exalted says {what means}: "And the camels and cattle We have appointed for you as among the symbols of Allah; for you therein is good." [Al-Hajj/36]. He also says {what means}: "So pray to your Lord and sacrifice [to Him alone]" [Al-Kawthar/2]. According to the most well-known scholarly interpretations of this verse, "prayer" refers to the Eid prayer, and "sacrifice" refers to the slaughtering of the Udhiyah.
2. Evidence from the Sunnah
Al-Bara' bin 'Azib (may Allah be pleased with him) narrated that the Prophet ﷺ said: "The first thing we start with on this day of ours is to pray, then we return and sacrifice. Whoever does that has followed our Sunnah, and whoever slaughters before [the prayer], it is merely meat he has provided for his family; it is not part of the ritual sacrifice in any way" [Reported by Bukhari & Muslim].
Anas (may Allah be pleased with him) narrated: "The Prophet ﷺ sacrificed two white rams with horns. He slaughtered them with his own hand, mentioned the name of Allah (Tasmiyah), and said the Takbir" [Reported by Bukhari & Muslim].
3. Evidence from Scholarly Consensus (Ijma')
The Muslims have reached a unanimous consensus on the Sharia basis of the Udhiyah, and no one among the scholars has disagreed with this. [Al-Sherbini, Mughni al-Muhtaj, Vol.6/P.122].And Allah the Exalted knows best.

Is Zakah (obligatory charity) due on leased property, and how is it calculated?

Zakah isn`t due on the leased property itself, but on the saved income from that property if it reached Nissab (minimum amount liable for Zakah), and a whole lunar year had lapsed over saving it.

What is the ruling of Islamic Law on eating or drinking during the circumambulation?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is disliked (makrūh) to eat or drink during the circumambulation (ṭawāf).
Shaykh al-Islām Imām al-Nawawī states in al-Majmūʿ: "It is disliked to eat or drink during ṭawāf, and the dislikedness of drinking is lighter. Neither of them, nor both together, invalidates the ṭawāf. Al-Shāfiʿī said: 'There is no objection to drinking water during ṭawāf, and I do not consider it sinful; however, I prefer that it be avoided, as refraining from it is more befitting in terms of proper conduct.' Among those who explicitly stated the dislikedness of eating and drinking, and that drinking is the lesser of the two, is the author of al-Ḥāwī."
If, however, a person is in genuine need of drinking, then there is no dislikedness in doing so. In any case, the ṭawāf itself remains valid. And Allah the Almighty knows best.

Is it permissible for a wife to give her money to her family as a charity, or a gift without asking her husband, or seeking his consent?

The wife has the right to give her money as a charity, or a gift to her family, or to other people after consulting her husband out of respect, and this is the meaning of treating on footing of kindness and equity. Therefore, if he wanted to stop her from helping her family, then there is no harm in not telling him.

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