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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

What is the ruling of Islamic Law on selling gold or silver in installments or for a differed price?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is prohibited (haram) to sell gold or silver in installments or for a deferred price; rather, immediate hand-to-hand exchange (Taqabud) is mandatory, otherwise, it is considered usury (Riba). The Messenger of Allah ﷺ said: 'Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt—like for like, hand to hand. Whoever increases or asks for an increase has engaged in Riba; the receiver and the giver are the same in this regard.' (Narrated by Muslim). Furthermore, when exchanging new gold for used gold, they must be of equal weight, or it falls into Riba.
 
The permissible solution (al-makhraj) is for the merchant to purchase the used gold for cash first, and then sell the new gold for cash in a separate transaction. However, the price must be paid during the sitting of the contract (Majlis al-Aqd) for both deals. Alternatively, the jeweler may take the used gold with the intent of remodeling or repairing it, and then charge a fee for the craftsmanship or repair work. And Allah the Exalted knows best."

What is the ruling on eating or drinking during the first Adhan?

It is permissible to eat and drink during the first Adhan because it takes place before the break of dawn. The purpose of this Adhan is to notify Muslims of the approaching dawn so they can prepare to stop eating when they hear the second Adhan.

Is it permissible for a woman to shake hands with her brother-in-law?

It is forbidden for the woman to shake hands with her brother-in-law because he isn`t a Mahram (unmarriageable) of hers.

What is the ruling on wiping the white area behind the ears instead of wiping the head?

The obligation in ablution is to wipe some of the head; it is not a condition to wipe all of it. Wiping the white area behind the ears suffices for that. And Allah the almighty knows best.

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