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Resolutions of Iftaa' Board

Resolution No.(274): "Ruling on a Financial Donation Given to Orphans Fund Development Foundation"

Date Added : 01-05-2019

Resolution No.(274) (7/2019)By The Board of Iftaa', Researches anad Islamic Studies:

"Ruling on a Financial Donation Given to Orphans Fund Development Foundation"

Date: (19/Sha`ban/1440 AH), corresponding to (25/4/2019 AD).

 

Praise be to Allah the Lord of the Worlds and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

During its fourth session held on the above date, the Board reviewed the letter (MA/1/1/3250) of His Excellency Mr. Hamdan Al-Faw`eer, director of the Orphans Fund Development Foundation, which reads as follows: "Back in 1981, the Foundation`s board-through resolution No.(6/81) - approved of Mr. Ameen Saleh Mar`ee`s wish to donate 100.000 JDs to be invested by the Orphans Fund Development Foundation (OFDF). This is provided that the annual profits in addition to whatever sums are added to the original donation should be spent in favor of poor Muslim orphans, needy students, the poor and other charity channels. This should also be done under the supervision of the Foundation`s board and the direct participation of Mr. Maree (Donor) himself, and , in case he dies, his son shall take over, and so on. Could you kindly consider discussing this matter with the Board of Iftaa` to provide us with answers to the following questions: Is the above sum (100.000 JDs) a donation or an endowment? Does the donor or his heirs have the right to participate in distributing the annual profits, yielded from investing the above sum, amongst the aforementioned categories who don`t have any funds at the (OFDF)? Is it permissible to consider the above sum amongst the Foundation`s revenues and the earnings made from investing that sum part of the profits added annually to the orphans deposits by the Foundation? Do the heirs of the donor have the right to reclaim the original sum (100.000 JDs)?

After deliberating, the Board decided what follows:

The above sum (100.000 JDs) takes the rulings of an endowment although it was termed a donation. This wording indicates holding money in perpetuity and spending its profits in accordance with the conditions of the donor, as reflected in resolution No.(6/81) issued by the (OFDF). This is in addition to the Sharia maxim, which states that meaning/content prevails over form/structure.

In conclusion, the above sums should be transferred to a party in charge of regulating endowments affairs where it invests the sums in question and spends their profits as stipulated by the endower. In addition, it isn`t permissible for the heirs or any of them to reclaim these sums (100.000 and profits made out of investing it), because once a property is endowed, it becomes Allah`s, not the endower`s. 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

Dr. Muhammad Khair Al-Issa/ Member

Prof. Adam Nooh/ Member

Judge. Khaled Al-Worikat/ Member

Dr. Ahmad Al-Hasanat/ Member

Dr. Mohammad Al-Zou`bi/ Member

 

 

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Summarized Fatawaa

Is Zakat al-Fitr obligatory for an unborn child (fetus)?

Zakat al-Fitr is not obligatory for a fetus. However, if the child is born before sunset on the last day of Ramadan, then Zakat al-Fitr must be given on their behalf.

What is the ruling on one who vows to fast a specific or non-specific year? Are the two Eids, the days of Tashreeq, Ramadan, and the days of menstruation and postnatal bleeding included in them? And do these days break the consecutiveness if it was intended?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If someone makes a vow (Nadr) to fast a specific, designated year, this vow does not include the days of Eid, the days of Tashreeq (the three days following Eid al-Adha), Ramadan, or the days of menstruation (Hayd) and postnatal bleeding (Nifas). Furthermore, there is no requirement to make up (Qada) these specific days.
 
However, if someone vows to fast a year that is not specifically designated (i.e., any twelve-month period) and stipulates that the fasting must be consecutive, they are bound by that condition. They must not fast on the days of Eid, during Ramadan, or during menstruation, but they are required to make up these days afterward—with the exception of the days of menstruation and postnatal bleeding, which do not need to be made up.
 
It is stated in Hashiyat al-Bajuri ‘ala Sharh Ibn Qasim ({Vol.2/P.606): 'If one vows to fast a specific year, the Eid, Tashreeq, Ramadan, and days of menstruation or postnatal bleeding are not included. This is because Ramadan does not accept any fast other than its own, and the others do not accept fasting at all. Therefore, they do not enter into the vow, and no makeup is required for them because they are legally excluded—contrary to Al-Rafi’i regarding menstruation and postnatal bleeding.
 
If one vows to fast a non-designated year: if they stipulated consecutiveness (Tatuabu’) in their vow, they must fulfill it; otherwise, they are not bound to it. Consecutiveness is not broken by the days that do not enter into the specific year vow (Eid, Tashreeq, Ramadan, menstruation, and postnatal bleeding). However, one must make up the days missed—excluding the time of menstruation and postnatal bleeding—immediately following the end of the year. As for the time of menstruation and postnatal bleeding, it is not made up, contrary to Ibn al-Rif’ah, who argued that it must be made up just like Ramadan.' And Allah the Exalted knows best.

What is the ruling on a young man and a young woman having a love relation for the purpose of getting married?

It is forbidden for a man and a woman to have any kind of relation whether for marriage, or not because it leads to committing sin. Such relations include: private meetings, mixing, gazing, and seclusion (Khulwa). Accordingly, one who is sincere in his intentions should go to the woman`s guardian and ask for her hand in marriage.

Is it permissible for a praying person to make supplication in each Sajdah (a prostration) of obligatory prayer?

It is permissible for a praying person, whether praying individually, or in congregation, to make supplication during Sujood (prostration) in obligatory, or voluntary prayers. However, it is disliked for the Imam to do so since he is required to spare the prayer performers any sort of hardship, unless he is leading a certain group who don`t mind him extending the prayer.

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