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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(229): "Ruling on Transferring the Accounts of Mosques Support and Charity Committees into one General Account""

Date Added : 16-08-2016

Resolution No.(229) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Transferring the Accounts of Mosques Support and Charity Committees into one General Account "

Date: (23/Shawal/1437), corresponding to (28/7/2016).

 

 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 ninth session held on the above date, the Board reviewed the question of His Excellency the Director of Zarqa Awqaf Directorate, and it reads as follows:

I would like to bring to your kind attention the fact that Mosques Support and Charity Committees have inactive accounts in the Jordan Islamic Bank because they were either terminated, relieved from duty or made to resign. This resulted in a daily decrease in these accounts because of banks` rules and regulations in this regard. In fact, their inactivity is due to people`s unwillingness to form such committees or procrastination in forming new ones.

Therefore, we kindly request your Grace to clarify the ruling of Sharia on combining the above accounts into one general account, under the name "Mosques Restoration Committee", in the Jordan Islamic Bank which will employ its funds in different income generating projects. This way, the above accounts are preserved from elimination and profits are made. In addition, it is possible to give back these accounts to each mosque`s committee, upon formation, along with the profits collected from the Jordan Islamic Bank.

After deliberating, the Board decided what follows:

There is no harm in combining the accounts of the mosques committees-which are relieved from their duties or terminated-into one general account that follows the Directorate of Awqaf, Islamic Affairs and Holy Places under the name "Mosques Restoration Committee" in order to save the Awqaf and charities funds from decreasing due to banks rules and regulations in this regard. This is permissible under the condition that the funds are spent on the mosques for which the donations were made in the first place. This is because people donate to the mosque, not to the committee in charge of collecting donations to that mosque. In other words, the mosque`s committee is just a means to an end, thus if the means becomes a liability, it must be changed to achieve the higher objective of Sharia, which is preserving donations and spending them in the right channel. On its part, the Iftaa` Board advises banks to make exceptions when it comes to accounts pertaining to Zakah and charity committees, accredited by the government, through relieving their accounts from any charges that lead to a gradual decrease in their funds. 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. Wa`el Arabyat/ 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

Is it permissible to agree with a butcher to purchase the meat of an animal after it has been slaughtered — for instance, by buying the meat of a sheep at a price determined by the weight of its meat following slaughter, at a fixed rate per kilogram? And what is the ruling if the animal is being purchased with the intention of it being an uḍḥiyyah (sacrificial offering)?

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible to sell livestock in the manner of pricing each kilogram of meat after slaughter at a fixed rate, because the meat within the animal prior to slaughter is unseen and unknown. This leads to jahālah (ignorance of the subject matter) and gharar (contractual uncertainty), both of which are among the invalidating factors in sales transactions.
However, it is permissible for the buyer to issue a promise to purchase the meat of the animal after slaughter at a specified price per kilogram, with the actual sale being concluded at the time of weighing the meat — at which point both the quantity of the goods and the total price become known. There is no Sharī'ah objection to this arrangement.
The jurists have stipulated that for a sale to be valid, both countervalues must be present and observable. Al-Khaṭīb al-Shirbīnī, may Allah have mercy upon him, states:
"It is valid to sell a heap of grain whose total measure is unknown to both contracting parties at a rate of one sā' per dirham. This sale is valid because the subject of sale is present and observable, and ignorance of the total price is not harmful since it is known in detail — and uncertainty is thereby lifted."— [Mughnī al-Muḥtāj, Vol.2/P.355]
As for the uḍḥiyyah, the 'aqīqah, and vowed blood sacrifices (al-dam al-mandhūr) — full ownership of the animal must be established prior to slaughter. It is not valid for such animals to be slaughtered while still in the ownership of the butcher. Rather, the animal must be purchased alive and then slaughtered with the intention of uḍḥiyyah or the like. And Allah Almighty knows best.

What is the ruling on using a miswak (tooth-stick) during the day in Ramadan?

It is permissible to use a miswak before noon while fasting. However, according to the Shafi'i school, it is disliked (makruh) after noon in order to preserve the natural effect of fasting in the mouth, as the Prophetﷺ said in authentic hadith:
"The breath of a fasting person is more pleasant to Allah than the fragrance of musk."

Does vomiting during the day in Ramadan break the fast?

Intentional vomiting is one of the nullifiers of fasting; whoever vomits deliberately breaks their fast.
However, if vomiting occurs involuntarily, the fast remains valid as long as nothing returns to the body cavity (jauf). If anything is swallowed back, the fast is invalidated.
The Prophet ﷺ said: "Whoever is overcome by vomiting does not have to make up the fast, but whoever induces vomiting deliberately must make it up." [Narrated by Abu Dawood and At-Tirmidhi]

What is the ruling on using toothpaste during the day in Ramadan?

Using toothpaste does not break the fast as long as nothing reaches the body cavity. However, it is disliked (makruh).
It is preferable for a fasting person to use it before the time of fast starts or after Iftar (breaking the fast) to avoid risking their fast.

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