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 the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

What is the ruling on sending blessings and peace upon the prophet (PBUH) after the Adhan?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is a Sunnah to send blessings and peace (As-Salat wa al-Salam) upon the Prophet ﷺ after the Adhan and the Iqamah, for both the caller (Mu’adhin) and the listener. It is permissible to do so aloud after the conclusion of the Adhan. However, it is preferable to maintain a brief pause between the words of the Adhan and the prayers upon the Prophet ﷺ, so that people do not mistakenly assume that sending blessings upon him is an integral part of the Adhan itself. And Allah the Exalted knows best.

How is the beginning of Ramadan determined?

1. Completing 30 days of Sha‘ban, or
2. Sighting the crescent moon after sunset on the 29th day of Sha‘ban.
It is Sunnah to search for the moon, and it is obligatory to follow the official authorities responsible for announcing it.

Is it permissible to slaughter a sheep on Eid al-Adha with the intention of charity (sadaqah) on behalf of a sick person, and with the intention of udhiyah (sacrificial animal) at the same time?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The udhiyah (sacrificial animal) is an act of worship intended for its own sake; therefore, it must be slaughtered with the intention (niyyah) of udhiyah.
 
Whoever intends to draw closer to Allah through this act of obedience with the intention of udhiyah, and also intends to gift the reward to another person, there is no Islamic objection to that. And Allah Almighty knows best.