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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

How does a praying person prostrate?

All perfect praise be to Allah,The Lord of The Worlds                                                                                                                                                                        It is from Sunnah that he/she sits with both knees on the ground in order to prostrate, then hands, nose and forehead are placed on the same place. In addition, the toes have to touch the ground, and be directed towards the Qiblah (direction of Ka`bah) during prostration. And Allah Knows Best.

Do pregnant and breastfeeding women have to fast?

Pregnant and breastfeeding women are required to fast. However, if fasting causes them harm or unusual hardship, they may break their fast but must make up for the missed days later.
If they break their fast solely out of fear for the fetus or the child, then they must both make up the fast and give fidyah (feeding a needy person for each missed day), as the benefit of breaking the fast was only for the child.

What is the ruling on water that contains ornamental fish — does it become impure on account of their waste?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The water in a pond containing ornamental fish is pure so long as it has not been altered, for a small amount of fish waste (rawth) is pardoned and overlooked — provided it does not change the water.
It is stated in Ḥāshiyat al-Jamal ʿalā Sharḥ al-Manhaj (Vol.1/P.178): "A small amount of hair from a non-edible animal is pardoned, as is a small amount of hair from a riding animal — on account of the hardship involved in avoiding it — and likewise a small amount of fish waste is pardoned, unless it alters the water." And Allah the Almighty knows best.

What is the ruling on wiping the front of the head beneath the ḥijāb, and is it permissible to wipe over the ḥijāb if it was put on while in a state of purification (wudu`)?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is permissible to wipe the front portion of the head (nāṣiyah) with the fingertips. It is likewise sufficient to place a wet hand over a head covering (ḥijāb), provided the moisture actually reaches the hair beneath it — if it does not, it does not suffice. A head covering is not treated in the same manner as leather socks (khuff) and may not be wiped over in lieu of the head itself.
Imām al-Nawawī, may Allah have mercy upon him, states in al-Majmūʿ (Vol.1/P.407): "If a person is wearing a turban and does not wish to remove it — whether for a valid reason or otherwise — he should wipe the entire front portion of the head... The same ruling applies to whatever a woman wears on her head. If, however, he confines himself to wiping over the turban without wiping any part of the head itself, this does not suffice — and there is no disagreement among us on this point." He further states: "A woman is like a man in the manner of wiping the head... She should insert her hand beneath her head covering so that the wiping falls upon the hair itself. If she places her wet hand over her head covering, our scholars stated: if the moisture does not reach the hair, it does not suffice her." And Allah the Almighty knows best.

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