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Resolutions of Iftaa' Board

Resolution No. (270): "Amendments to Zakat Draft Law"

Date Added : 23-01-2019

Resolution No. (270) (1/2019) by the Council of Iftaa`, Research and Islamic Studies:

"Amendments to Zakat Draft Law"

Date: (4/Jumādā al-Awwal/1440H), corresponding to (10/1/2019)

 

Praise be to Allah, the Lord of the Worlds.

During its session held on the above date, the Council reviewed the letter: (D T 1/1/Q/37), ( 27/12/2018) - sent from His Excellency Dr.Nofan Ajarmeh, Director of Legislation and Opinion Bureau. It stated: "In reference to the letter - (Z1/35739), (20/12/2018)-of His Excellency the Prime Minister about the Zakat Draft Law/2018, I have sent the aforementioned Law to Your Grace in the form agreed on by the Ministerial Legal Committee. Kindly, discuss it with the Iftaa` Council to deliver the ruling of Sharia on it in order to pave the ground for the continuation of the enactment procedures duly.

After deliberating, the Council decided the following:

First: Zakat is the third pillar of Islam. It was decreed in the noble Quran to enhance social solidarity and compassion and  achieve social justice. Therefore, the Iftaa` Council highly values every initiative in support of this obligation and finding suitable ways to put it into effect to deliver its pioneering role in the Muslim society. Allah, The Almighty, Has Defined the categories of people entitled to receive Zakat in Surat [At-Taubah (9)], verse (60): "The alms are only for the poor and the needy, and those who collect them, and those whose hearts are to be reconciled, and to free the captives and the debtors, and for the cause of Allah, and (for) the wayfarer; a duty imposed by Allah. Allah is Knower, Wise."

Second: Out of keenness on this obligation (Zakat), its independence, and its Sharia conditions, the Council, after having reviewed the above-mentioned draft law, is of the view that the Zakat foundation must divide the Zakat in accordance with the above verse. However, the Council objects to  Article (B/9), which stated: "The Zakat Foundation shall abide by transferring the collected sums in favor of the social security package endorsed in the General Budget Law to preserve the independence of the Zakat sums due to their special nature, Zakat being an act of worship as well as an obligation. Moreover, these sums shouldn`t be listed within the General Budget Law.

Third: The Council is of the view that Article (10/H) confirms the right to "Conditioned Zakat' to the giver, and this contradicts with Article (9/B) since the condition made by the giver of Zakat must be met within the framework of the Sharia conditions in this regard, even if it doesn`t agree with the social security package, which wasn`t clearly defined in the draft law. In addition, the right to "Conditioned Zakat" could be used as a means of not giving Zakat.

Fourth: In Article (3/A), the foundation was named "General Foundation of Zakat". The Council recommends adding the word "Sadaqat."Therefore, it should become "General Foundation of Zakat and Sadaqat."

Fifth: The Council suggests that the Law stipulates including the Minister of Awqaf or his representative and the representatives of religious organizations as members of the Board of Trustees.

Sixth: Adding a paragraph to Article (8) stipulating the inclusion of "Bequests" as one of the Foundation`s financial resources.

Seventh: Adding the word (the poor) to paragraph three and five of Article (9), and deleting the word "Refugees" from the same Article.

Eighth: The council deems necessary that the Foundation`s budget must be clearly refelected as part of the general budget.

Ninth: Changing ((Fatwa and Sharia-Supervisory Board)) to ((Sharia-Supervisory Board)).

Ten: The Council objects to Article (16), which stipulates that the foundation`s board of trustees endorses the resolution of the Sharia-Supervisory Board since, on the contrary, the latter`s resolution must be binding to the board. And Allah Knows Best.

 

Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem AlKhasawneh/ Member

Sheikh Sa`eid Al-Hijjawi/ Member 

Prof. Abdullah Al-Fawaaz/ Member

Dr. Muhammad Khair Al-Issa/ Member

Dr. Majid Al-Darawsheh/ Member

Prof. Adam Noah/ Member

Judge. Khaled Al-Worikat/ Member 

Dr. Ahmad Al-Hasanat/ Member

Dr. Mohammad Al-Zou`bi/ Member

Dr. Rashaad Al-Khilaani

 

 

 

 

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Summarized Fatawaa

My mother inherited a share from my late father`s and brother`s property; however, the inheritance, a piece of land, wasn`t divided amongst the eligible heirs because it was hard to sell. While alive, she used say that she wanted these shares to be distributed amongst the poor and needy. What is the ruling of Sharia on this?

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.
This is a will, so we have to consider the estate she had left behind. If the piece of land, which she had willed, equals one third and less of her estate, then the will must be executed. But, if it is more than one third, then one third must be executed and the rest of the estate, if the heirs agreed, is to be executed  as part of her will as well. However, if the heirs haven`t approved of that, then what remains, excluding that one third, must be divided amongst them according to the Islamic rules of inheritance. Moreover, we recommend that you pay a visit to the Iftaa` Department to make things clearer for you. And Allah The Almighty Knows Best.

 have an amount of 2,700 Jordanian dinars, which I have invested in a project, and I pay zakat on it every year. However, I have debts and obligations, and this project yields only a profit of about 2-4%. My salary is not enough to support myself and my family to the extent that I cannot pay the electricity bills. Is it permissible for me to take from the above Zakat?
 

You permitted to take from your Zakat since your income insufficient for you, because the poor is permitted to take from the Zakat in general, besides; the poor is identified of whose income doesn't suffice him. And Allah Knows Best.

Is it permissible to go to the bathroom wearing a necklace that has the word "Allah" inscribed on it?

All Perfect Praie 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.

Anything that contains words pertaining to Allah, The Almighty, is desired to be left outside when going to the bathroom, or to be hidden for fear of losing it. And Allah Knows Best.

Is the two Raka's after Friday Prayer an act of Sunna?

Performing Two prostrations after the call of Friday's Athan is an act of Sunna, since Al-Bukhari stated in his Sahih: (The chapter of praying before and after Friday's prayer). This indicates that he mentions Friday's prayer exactly as the Duhr prayer (Afternoon prayer) as regards praying before and after the call of Athan. And Allah Knows Best. 

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