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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

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It is incumbent that a valid marriage contract be concluded in the presence of a guardian and two trustful witnesses, and it should be registered in the court to protect the rights of the wife. Actually, a valid marriage contract is what differentiates between sound marriage and fornication.

What is the ruling on attending relatives` parties held in public halls, or hotels since if we don`t, we will be subjected to their admonition?

If such parties involve mixing between men and women, or forbidden acts such as listening to songs with sinful lyrics, then attending them is forbidden from the view point of Sharia since people`s admonition is nothing compared to Allah`s, The Almighty`s, wrath.

What is the ruling on a person in a state of major impurity (junub) or a menstruating woman (ha'id) reciting the Quran from memory?

It is not permissible for a menstruating woman, a postpartum woman, or a person in a state of major impurity to recite anything from the Quran, whether from memory, from the Quran, from a phone, or a computer. It is also not permissible for them to touch the Quran, based on what was reported from Ali bin Abi Talib that the Prophet (peace be upon him) was not prevented from anything regarding the Quran except major impurity (janabah). (Reported by al-Tirmidhi who said it is a hasan sahih hadith). Menstruation and postpartum bleeding are analogous to major impurity (janabah) as they are all major impurities (hadath akbar).
For those mentioned, it is permissible to mention Allah and supplicate even with verses from the Quran, provided they do not intend them as recitation of the Quran, but intend them as remembrance (dhikr) or supplication (du'a). And Allah the Almighty knows best.

What is the ruling on one who performs ablution or the ritual bath while having nail polish?

Nail polish must be removed before ablution or ritual bath so that water reaches what is beneath it, because it is a barrier that prevents water from reaching that area. This is based on the hadith narrated by Ali (may Allah be pleased with him) from the Prophet (peace be upon him): "Whoever leaves a hair's breadth of his body unwashed from major impurity, such and such will be done to him in the Fire." (Reported by al-Bukhari). And Allah the Almighty knows best.

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