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Resolutions of Iftaa' Board

Resolution No.(273): "Ruling on Funds Donated to the Educational Endowment"

Date Added : 18-03-2019

Resolution No. (273)(6/2019), By The Board of Iftaa', Researches and Islamic Studies:

"Ruling on Funds Donated to the Educational Endowment"

Date: (30/ Jumādā al-Akhira/1440 AH), corresponding to (7/3/2019)

 

 

All perfect praise be to Allah, the Lord of the Worlds.

 

During its third session held on the above date, the Board reviewed the letter (No.2/3/2019 AH) sent to the Iftaa` Department from the counsellor of the Educational Endowment. In that letter, he pointed that the Endowment receives both in kind and cash donations, adding that some people stipulate that their donations be spent on maintaining schools while others on laboratories, desks, and other equipment. It is worth pointing that the main objective of the Endowment is building schools in favor of the Ministry of Education. What is the ruling of Sharia on this?

 

After deliberating, the Board arrived at the following decision:

 

Funds donated without defining the channel they should be spent in favor of are, in principle, endowed funds, because, basically, what is donated to an officially registered endowment must be spent in favor of the purpose for which it was established in the first place. Therefore, it is permissible that you accept and spend these donations in accordance with the rules of the endowment. This is along with ensuring schools` adherence to these rules and keeping them (schools) under constant supervision.

 

As for the funds for which the donor specifies a certain channel, they are to be spent as he stipulated, be that for maintenance, furniture, tools and the like. This is because the Sharia rule, in this regard, states: "The conditions set by the endower (Waqif) are as binding as the provisions of Sharia."

As for the wages of maintenance workers and consumed materials, it isn`t permissible to spend the money of the endowment on these alone. Rather, the endowment can allocate a fund for public charities and donations where it informs donors, upon making the donations, about the purpose for which that fund is established. This is in order for them (donors) to understand the difference between endowment and charity in general. Upon achieving that, there is no harm in spending the funds of public charity in favor of the various forms of maintenance. And Allah the Almighty 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 {have a reservation on the fourth standard}.

Judge. Khaled Al-Worikat/ Member 

Dr. Ahmad Al-Hasanat/ Member

Dr. Mohammad Al-Zou`bi/ Member

Dr. Rashaad Al-Kilani/Member

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Summarized Fatawaa

What is the ruling on discharging one's zakāh obligation through the provision of a specific benefit (manfa‘ah) — such as performing a surgical operation for a patient, or providing housing to a tenant, and counting the value of this service as zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is obligatory to pay zakāh from the actual asset (‘ayn al-māl) upon which zakāh is due, except in the case of zakāh on trade goods ('urūḍ at-tijārah), which is paid based on their monetary value. In all cases, zakāh must be given in the form of tamlīk (a full transfer of ownership), based on the words of Allah, the Mighty and Majestic (which mean): "Zakāh expenditures are only for the poor and for the needy, and for those employed to collect [zakāh], and for bringing hearts together [for Islam], and for freeing captives [or slaves], and for those in debt, and for the cause of Allah, and for the [stranded] traveler — an obligation [imposed] by Allah. And Allah is Knowing and Wise" [at-Tawbah/60]. The letter "lām" (لِ) in this verse — as in "lil-fuqarā'" ("for the poor") — indicates possession/ownership (lām al-milk).
It is not permissible to fulfill one's zakāh obligation by providing a benefit or service (manfa‘ah) — such as housing, education, or medical treatment — in place of the zakāh itself. This is because zakāh must be paid as wealth (māl) that is transferred into the ownership of the poor recipient, whereas such services are intangible benefits that are not, in themselves, capable of being formally transferred in ownership (ghayr qābilah lit-tamlīk). And Allah, the Exalted, knows best.

Does passing wind from the anus affect ritual purity?

Ablution is nullified by the passing of wind from the anus, but washing the anus is not required as wind leaves no impurity.

Is it incumbent on the fiancée to obey her fiancé?

When the woman settles in her husband`s house, it is incumbent on him to provide for her and it is incumbent on her to obey him. Before that, and if the marriage contract had been concluded, then she is lawfully his wife and thus she should abide by custom in treating him, but if the marriage contract hadn`t been concluded, then she should treat him as a non-Mahram (Marriageable).

Is Zakah (obligatory charity) due on leased property, and how is it calculated?

Zakah isn`t due on the leased property itself, but on the saved income from that property if it reached Nissab (minimum amount liable for Zakah), and a whole lunar year had lapsed over saving it.

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