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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

What is the ruling of Islamic Law on the prayer of zawal?

 

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended (sunnah) to pray four rakʿāt — either with a single tasleem or as two separate sets of two rakʿāt — immediately following the sun's decline from its zenith (zawāl). This prayer is distinct from the regular Sunnah prayer of Ẓuhr (sunnat al-ẓuhr al-rātibah), as explicitly stated by the Shāfiʿī jurists.
It is mentioned in Nihāyat al-Muḥtāj: "The prayer of zawāl is offered after the sun's decline — so were one to perform it before that, it would not count. It consists of two or four rakʿāt and is distinct from the Sunnah of Ẓuhr, as is evident from the fact that it is mentioned separately after the regular Sunnah prayers, and it becomes a make-up prayer (qaḍāʾ) if a long period of time passes by customary reckoning... Al-ʿAlqamī stated: 'Scholars refer to this as the Sunnah of Zawāl, and it is distinct from the four rakʿāt that constitute the Sunnah of Ẓuhr.' Our shaykh said: Al-Ḥāfiẓ al-ʿIrāqī stated that among those who explicitly affirmed its recommendation was al-Ghazālī in al-Iḥyāʾ, in the chapter on devotional litanies, noting that there is no tasleem between them — meaning there is no break between each pair of rakʿāt."
The time of the sun's decline (zawāl) marks the very beginning of the time for the Ẓuhr prayer.
And Allah the Almighty knows best.

Is it permissible for a woman to sit with her brothers-in-law?

It is impermissible for a woman to sit with her brothers-in-law, and it is also impermissible for a person to have a Khulwa (seclusion) with his sister-in-law.

What is the ruling on someone who insults or deceives others while fasting?

Insulting or deceiving others is forbidden (haram) and diminishes the reward of fasting.
The Prophet ﷺ warned against deception, saying: "Whoever deceives is not one of us." [Narrated by Al-Tirmidhi]
However, their fast remains valid despite the sin.

What is the ruling of Islamic Law on performing the Witr prayer after the Adhan for Fajr prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The time for Witr prayer begins after the ‘Ishā' prayer and ends with the rising of true dawn (al-fajr aṣ-ṣādiq). If a Muslim performs it at any point within this window, it counts as performed on time.
It is also recommended to make up a missed Witr prayer at any time — whether before or after performing the Fajr prayer, or at any other time of day. On the authority of Abū Sa‘īd al-Khudrī (raḍiyallāhu ‘anh), the Messenger of Allah ﷺ said: "Whoever falls asleep and misses the Witr prayer, or forgets it, let him pray it when he remembers, or when he wakes up." (Related by at-Tirmidhī)
Shaykh al-Islām, Imam Ibn Ḥajar al-Haytamī (raḥimahullāh), says: "The time for Witr prayer is between the ‘Ishā' prayer and the rising of dawn, based on the authentic ḥadīth to this effect. If this time has passed, it is permissible for him to make it up (qaḍā') afterward." [Tuḥfat al-Muḥtāj]. And Allah, the Exalted, knows best.

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