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

 

 

Decision Number [ Previous | Next ]


Summarized Fatawaa

What is the ruling of Islam on swearing by Allah without intending to take an actual oath?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If someone swears by Allah without intending to take an actual oath, and without the firm resolve to bind themselves to it, then there is no sin or expiation (Kaffarah) required of them. Allah the Exalted says {what means}: 'God will not call you to account for thoughtlessness in your oaths, but for the intention in your hearts; and He is Oft-forgiving, Most Forbearing.' [Al-Baqarah/225]. However, a Muslim should avoid swearing oaths excessively so that their tongue does not become accustomed to it. Allah the Exalted says {what means}: 'And make not God’s (name) an excuse in your oaths against doing good, or acting rightly, or making peace between persons; for God is One Who heareth and knoweth all things.
' [Al-Baqarah/224]. And Allah the Exalted knows best."

What is the ruling of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.
The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).
We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.

Does the clipping of nails nullify ablution?

No, it does not, and it is preferable to wash the hands afterwards.

What is the ruling on making up the regular *rawātib* (sunnah) prayers together with a missed obligatory prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is obligatory to make up (qaḍāʾ) a missed obligatory prayer (farḍ). As for the timed supererogatory prayers (al-sunan al-muʾaqqatah) or the regular rawātib prayers, it is recommended (mandūb) to make them up, even if a long time has passed. Ibn Ḥajar (may Allah have mercy on him) said in his Fatāwā: "It is established in our school that it is sunnah to make up the timed voluntary prayers, by night or by day, even if congregation is not prescribed for them, whether much time has passed or little."
Accordingly, it is recommended to make up the sunan together with the obligatory prayer. And Allah Almighty knows best.
________________________________________
Note on terminology: Al-nawāfil al-muʾaqqatah (timed voluntary prayers) refers to supererogatory prayers tied to a specific time or cause, such as the rawātib (regular prayers before and after the obligatory ones), Duha, and the like. The ruling given here reflects the Shāfiʿī position.