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Resolutions of Iftaa' Board

"Resolution No. (246): "Ruling on Zakah of Associations and Unions' Funds"

Date Added : 04-12-2017

Resolution No. (246) by the Board of Iftaa', Research and Islamic Studies:

"Ruling on Zakah of Associations and Unions' Funds"

Date 2/Rabi' Al-Thani/1439 AH, corresponding to 21/11/2017 AD

 

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Muhammad and upon all of his family and companions.

During its 13th session held on the above date, the Board of Iftaa', Research and Islamic Studies reviewed the letter sent from the Chairman of Jordan Housing Developers Association, and reads as follows:" We would like to ask about the Sharia Ruling on the Zakah's Nisaab {Minimum amount liable for Zakah}of the nonprofit funds of the Associations and Unions such as Jordan Housing Developers Association whose incomes consist of membership fees and other members' annual subscriptions. Moreover, these funds are distributed on the association's activities, employees' salaries, rents and many other activities. Yet, the aforementioned association is a nonprofit party and aims to develop the career of constructing apartments and buildings as is the case with many other unions. The statute of the Association is included in the letter?

After prolonged deliberations, the Board decided the following:

Zakah is a commandment of Allah to a Muslim with the conditions clarified by the scripts of Sharia and the first of which is "Possession" referred to, by jurists, as "Specific owner" since it is stated in [Nihayat Al-Muhtaj vol.3/pp.127]: "Being possessed by a specific owner is among the conditions that make Zakah on wealth obligatory."

Similar to endowment funds, the Zakah condition (Specific owner or owners) doesn't apply to the afore parties. 

Moreover, Zakah is due on co-operative associations and other organizations that have a specific owner

or multiple shareholders. And Allah Knows Best. 

 

Chairman of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Vice Chairman, Sheikh Abdulkareem Al-Khasawneh

Prof. Abdullah Al-Fawaz, Member

Dr. Ahmad Al-Hasanat, Member

Dr. Mohammad Khair Al-Esa, Member

Dr. Majid Darawsheh, Member

Sheikh Sa`eid Al-Hijjawi, Member

Judge Khalid Woraikat, Member

Dr. Mohammad Al-Zo`bi, Member

 

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Summarized Fatawaa

A group of about thirty young men will go to a farm on Friday. Is it permissible for one of us to deliver the sermon (*khuṭbah*) and lead us in the Friday prayer, or is it necessary to go to the nearest mosque?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The Friday prayer (Jumuʿah) is not obligatory upon a traveler, whether his journey is long or short, if he leaves his place of residence before the time of Fajr begins, according to the Shāfiʿī school. If, however, he sets out on his journey after the Fajr adhān, then he is obliged to perform the Friday prayer, whether in his own town or in any town where the Friday prayer is held.
It is stated in Bushrā al-Karīm (Vol.1/p.383), one of the books of the Shāfiʿī school: “[The Friday prayer] is not obligatory upon a traveler on a permissible journey, whether long or short, if he departs from his place of residence before dawn.” End quote.
Accordingly, if you set out on your journey after Fajr, you are obliged to perform the Friday prayer in the mosque. The same applies if you set out after that, since you would not have fulfilled the conditions for the validity of the Friday prayer, among them: that it be attended by forty men who are free, adult (bāligh), sane, and settled residents of the place where Friday is held. It must be held within a cluster of connected buildings, whether a city, a village, or a district (liwāʾ), for what counts is the gathering of the buildings. And Allah Almighty knows best.

What is the ruling on fasting?

Fasting in Ramadan is an individual obligation (Fard ‘Ayn) upon every mature, sane Muslim who is capable of fasting.
Fasting can also be recommended (Mustahabb), such as voluntary fasting on Mondays and Thursdays, fasting on the Day of Arafah for those not performing Hajj, and fasting on Ashura.
Fasting can be prohibited (Haram), such as fasting on the two Eid days, the Day of Doubt (Yawm al-Shakk), and the Days of Tashreeq.
Some types of fasting are disliked (Makruh), such as singling out Friday or Saturday for fasting without a specific reason and fasting on the Day of Arafah for a pilgrim.

Is "Bismillāhir-Raḥmānir-Raḥīm" a verse (āyah) of Sūrat al-Fātiḥah?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The basmalah ("Bismillāhir-Raḥmānir-Raḥīm") is, without question, a verse (āyah) of the Noble Qur'an, and according to the Shāfi‘ī school, it constitutes a verse of Sūrat al-Fātiḥah itself. Al-Fātiḥah is a pillar of the prayer, and it consists of seven verses, of which the basmalah is one. The prayer is not valid without reciting it, nor if any of the Fātiḥah's verses, letters, or shaddahs (consonant doublings) are omitted or altered.
It is stated in Bushrā al-Karīm (Vol.1/p.202), from the books of the Shāfi‘ī school: "The basmalah is a complete verse of it [i.e., of al-Fātiḥah] in practice — and it suffices, for this to be established, that there be strong probability (ẓann), especially given that this has come very close to certainty (yaqīn), due to the consensus (ijmā‘) of the Companions on its inclusion in the muṣ-ḥaf [the written text of the Qur'an] in its script, despite their extreme diligence in excluding from it anything that did not genuinely belong to it — to the point that they even [carefully regulated] its diacritical dots and vowel markings." And Allah, the Exalted, knows best.

What is the ruling of Islamic Law regarding one who purchases a sacrificial animal (uḍḥiyah) and it then develops a defect before slaughter?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a defect that invalidates the sacrifice (uḍḥiyah) arises after its purchase — for example, if one purchased a sound, defect-free animal, and it then developed a limp, blindness in one eye, or a similar defect before slaughter — it does not fulfill the requirement of a valid uḍḥiyah, according to the Shāfi'ī school.
It is stated in Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib (Vol.1/P.535): "Even if the limp develops [in the animal] while the knife is upon it, it still does not fulfill the requirement, because it is lame at the moment of slaughter — this is analogous to a case where a sheep's leg breaks and one hastens to slaughter it [in that condition]."
The Ḥanbalī school, however, held that if the one offering the sacrifice purchased the animal while it was sound and defect-free, and a defect then befell it afterward, the sacrifice remains valid and there is no obligation to replace it.
It is stated in Masā'il al-Imām Aḥmad, one of the Ḥanbalī reference works (Vol.8/P.4021): "I said: If a person purchases the sacrificial animal while it is sound, and it is then afflicted with illness, blindness in one eye, or a broken limb [before slaughter]? He [Imam Aḥmad] said: It is said that it still fulfills the requirement. Isḥāq said likewise, because he purchased it while sound, and the defect befell it only afterward, so it remains sufficient on his behalf." [End of quote]
Accordingly, a sheep afflicted with a defect that invalidates the sacrifice does not fulfill the requirement of a valid uḍḥiyah — whether the defect arose after purchase or during the slaughter itself — according to the Shāfi'ī school. However, there is no objection to following the Ḥanbalī position on this matter [as a valid alternative]. And Allah, the Most High, knows best.

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