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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

Is a woman's prayer performed while following an Imam whose prayer is being broadcasted via the television valid, and does she receive the reward of congregational prayer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Among the conditions for the validity of following an Imam (Iqtida’) is that the Imam and the follower must be in the same location. Therefore, the prayer of one who follows an Imam whose prayer is being broadcasted via television from a distant location is not valid. However, if the follower is with the Imam in the same mosque, the prayer is valid. And Allah the Exalted knows best.

Who is required to give fidyah for fasting?

Fidyah—feeding one needy person for each missed fasting day—is required for:
1. Those who are permanently unable to fast, such as:
○ Elderly men and women who are too weak to fast.
○ People with chronic illnesses that have no hope of recovery.
2. Pregnant or breastfeeding women who break their fast out of fear for their child (fetus or infant).
3. A person who delays making up Ramadan fasts (qada) until the next Ramadan begins, without a valid excuse.
4. The estate of a deceased person who had missed obligatory fasts and had the ability to make them up but did not do so.

My father has debts and asked me to repay them years ago, and I promised him I would do so upon his death — is it permissible for me to go back on my promise given that I am unable to repay them, especially since he refuses to contribute to repayment on the grounds that the debt has become my responsibility by virtue of my promise?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The established principle is that a father's debt is to be repaid from his own wealth, if he possesses sufficient means. As for the promise made by the son to repay it on his father's behalf, fulfilling such a promise is strongly recommended, and breaking it is considerably disliked. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Fulfilling a promise is emphatically recommended, and breaking it is severely disliked. The evidences for this from the Qurʾān and the Sunnah are well known." [Rawḍat al-Ṭālibīn,Vol. 2/P.278] Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, further states: "The reason fulfilling a promise is not obligatory and breaking it is not forbidden is that a promise is in the nature of a gift, and a gift does not become binding except upon receipt." [Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib,Vol. 2/P.487]
Given that the son does not possess the financial means to fulfil his promise to his father, breaking this promise falls beyond his capacity — and Allah does not burden a soul beyond what it can bear. Since the father himself possesses sufficient wealth to settle his own debt, repayment must be made from his own funds. Should he pass away before doing so, the debt is to be settled from his estate. And Allah the Almighty knows best.

How should the udhiyah be distributed?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is obligatory to give the poor a portion of the meat from a voluntary sacrifice (Udhiyah al-Tatawwu’), which should not be less than approximately half a kilogram of raw meat. Other parts do not suffice for this obligation, such as the liver, tripe, or intestines.
It is Sunnah for the one offering the sacrifice to divide it into thirds: one-third for himself and his household to eat, one-third to be given as charity to the poor, and one-third to be given as a gift to friends and neighbors, even if they are wealthy. And Allah the Almighty knows best.

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