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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

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

What is the ruling on water that contains ornamental fish — does it become impure on account of their waste?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The water in a pond containing ornamental fish is pure so long as it has not been altered, for a small amount of fish waste (rawth) is pardoned and overlooked — provided it does not change the water.
It is stated in Ḥāshiyat al-Jamal ʿalā Sharḥ al-Manhaj (Vol.1/P.178): "A small amount of hair from a non-edible animal is pardoned, as is a small amount of hair from a riding animal — on account of the hardship involved in avoiding it — and likewise a small amount of fish waste is pardoned, unless it alters the water." And Allah the Almighty knows best.

What is the ruling on the ablution of one who washes his arms from the wrist to the elbows?

In the school of Imam al-Shafi'i (may Allah have mercy on him), washing the arms (hands) is achieved by washing the arms completely, from the fingertips to the elbows. Washing only the palms at the beginning is insufficient, as washing them at the beginning is a Sunnah, but after washing the face, it becomes obligatory (fard). The person performing ablution must wash his palms along with the arms after washing the face. If he does not wash his palms, his ablution is invalid and not correct. And Allah the Almighty knows best.

What is the ruling of Islamic Law on a latecomer who joins the imam during the standing position of the first rakʿah but was unable to complete the recitation of al-Fātiḥah?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If a latecomer (masbuq) joins the prayer while the imam is standing, he should begin reciting Sūrat al-Fātiḥah immediately, without pausing to recite the opening supplication (duʿāʾ al-istiftāḥ) or the seeking of refuge (taʿawwudh). If the imam bows before he completes al-Fātiḥah, he follows the imam into the bow and leaves whatever remains of al-Fātiḥah — the imam bears it on his behalf.
It is stated in ʿUmdat al-Sālik (p. 47): "If a latecomer finds the imam standing and is confident that he has enough time to recite the taʿawwudh and al-Fātiḥah in full, he may do so. If he is uncertain, he should neither recite the opening supplication nor the taʿawwudh, but rather begin directly with al-Fātiḥah. If the imam bows before he completes it, he follows him into the bow — provided he had not already begun the opening supplication or the taʿawwudh. If he had begun either of them, he continues reciting al-Fātiḥah for as long as he spent on them." And Allah the Almighty knows best.

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