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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 correct that everything dry is pure even if it has impurity on it?

If something impure becomes dry, it remains impure and is not purified by drying. However, the impurity does not transfer by touching it if the one touching it is also dry. And Allah the Almighty knows best.

Is it permissible for a wife to leave her house without asking her husband?

It is impermissible for the wife to leave her house without asking her husband except for a sound reason.

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.

What is the ruling on the ablution of one who touches women prohibited to him by a temporary prohibition (mahram bi-hurma mu'aqqata)?

It is prohibited to touch a woman who is temporarily prohibited (meaning one whom it becomes permissible to marry after the impediment is removed, such as the wife of a brother or paternal uncle). Touching her without a barrier invalidates ablution. And Allah the Almighty knows best.

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