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Resolutions of Iftaa' Board

Resolution No.(232): "Donations must be Given to Targeted Recipients"

Date Added : 10-05-2017

Resolution No.(232)(16/2016) by the Board of Iftaa`, Research and Islamic Studies:

"Donations must be Given to Targeted Recipients" 

Date: (22/Rabi al Awal/1438 AH)-(22/12/2016 AD). 

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 twelfth session held on the above date, the Board reviewed the question of the Secretary General of the Professional Associations` Complex, and it reads as follows: 

We would like to bring to your kind attention the fact that the Professional Associations Complex has carried out several fundraising campaigns in favor of our brothers in different troubled areas, such as Somalia, Gaza….etc, where part of the donations reached its targeted recipients while the remaining part was kept in the Complex`s safe deposit box. Is it permissible to distribute the latter amount among the poor and needy in the Hashemite Kingdom of Jordan, given the hard living conditions they are experiencing?

After deliberations, the Board ruled that charities and donations must be given to the party for which they were raised in the first place, and the party raising them must adhere to the conditions of the donors since it merely functions as [a proxy] and must deliver trusts to whom they belong  since Allah, The Almighty, Says in this regard (What means): "God doth command you to render back your Trusts to those to whom they are due." {An`Nisa`/58}.

Moreover, since the door is still open for delivering those donations to their targeted recipients, then it is imperative to do so as soon as possible; however, if that was impossible, then the Board believes that they should be transferred to the Zakat Fund or the Jordan Hashemite Charity Organization. And Allah Knows Best.

 

Chairman of the Iftaa Board, Sheikh Abdulkareem  Al-Khasawneh
 Vice–chairman Prof. Ahmad Hilayel     Prof. Abd An-Naser Abu Al-Basal            
Sheik Sa`eed Hijawee/member    Sheik Ghaleb Al-Rbaba'h/member
Dr. Muhammad Khaar Al-Aisaa'/member             Judge Khaled Woraikat/member
Dr. Muhammad Al-Khalaylah/member       Dr. Muhammad Al-Zou`bi/member               

 

 

 

 

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Summarized Fatawaa

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

How is the Night Prayer (Qiyam al-Layl) performed?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Night Prayer (Qiyam al-Layl) refers to the voluntary (Nafl) prayers performed by a person after the Sunset prayer (Maghrib) and before the Dawn prayer (Fajr). As for Tahajjud, it is the voluntary prayer performed during the night specifically after waking up from sleep, as an act of devotion to Allah. Allah the Exalted says {what means}: "And from [part of] the night, pray with it [i.e., recitation] as additional worship for you." (Al-Isra/79). Thus, in terms of reward,Tahajjud is superior to voluntary prayers performed before sleeping. And Allah the Exalted knows best.

Is it permissible to give multiple mudds (portions) of fidyah to a single person?

Yes, it is permissible to give multiple mudd of fidyah to a single person, because each day of fasting is considered an independent act of worship.

What is the ruling on someone who possesses cash reaching the niṣāb (minimum threshold liable for zakah), and then uses part of it to purchase gold before the ḥawl (lunar year) is complete — must he pay zakāh on all of it [combined], or only on the remaining cash, excluding the gold?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Gold acquired for hoarding and saving is subject to zakāh once it reaches the niṣāb (minimum threshold liable for Zakah) — when combined with any cash held — and once a full ḥawl (lunar year) has elapsed over it. The starting point for calculating this ḥawl is the ḥawl of the paper currency [used to purchase it], which had already reached the niṣāb and was then used to purchase the gold.
It is stated in Mughnī al-Muḥtāj (Vol.2/p.78): "As for someone who sells silver in exchange for gold, or vice versa, zakāh remains obligatory upon it, since he builds [the calculation of] its ḥawl upon [the ḥawl established at the time of] the original transaction [i.e., when the wealth was first acquired]."
This has already been explained in detail in Fatwa No. 2670 — please refer to it.
And Allah, the Exalted, knows best.

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