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Resolutions of Iftaa' Board

Resolution No.(153): "Ruling on Taking Charge of Orphans` Funds and Transferring them to other Parties"

Date Added : 02-11-2015

 

Resolution No.(153)(18/2010) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Taking Charge of Orphans` Funds and Transferring them to other Parties"

Date: 2/9/1431, corresponding to 12/8/2010 AD.

 

All perfect praise be to Allah, The Lord of The Worlds; and may his peace and blessings be upon our Prophet Mohammad and upon all his family and companions:

During its ninth session held on the above given date, the Board reviewed the letter of His Grace, The Supreme Judge, with which was enclosed the letter of her Excellency, The Minister of Social Affairs, where she asked for clarifying the rule of Sharia on cancelling the sponsorship of orphans who are cared for by alternative families after changing their names, and the possibility of transferring the funds deposited in their bank accounts to the account of the foundation, where they were raised in the first place?

After prolonged deliberations, the Board decided:

It is permissible for the sponsor to cancel his sponsorship for a certain reason, such as: improvement of the orphan`s living conditions, the sponsor is unable to provide for him or another person volunteered to sponsor him. Therefore, ending the sponsorship, in these cases, is permissible.

As regards the funds that have already been deposited in the account of a certain orphan or those being donated to him, they are considered his own property, and it is impermissible for the givers to take them back, whatever the case may be. This is because once a person gives a Hibah (grant/donation), he isn`t permitted to take it back. This is indicated by the Hadith of the Prophet: "One who gets back the gift is like one who eats vomit" (Muslim).

Accordingly, it isn`t permissible for anyone to take from an orphan`s funds, save to be spent in matters beneficial to him and with the approval of his guardian and without any sort of compulsion. Allah, The Almighty, Says (what means): "Those who unjustly eat up the property of orphans, eat up a Fire into their own bodies: They will soon be enduring a Blazing Fire!" { An-Nisa`}. The Prophet (PBUH) also said (what means):"It is unlawful to take the property of a Muslim, save with his cheerfulness" {Narrated by Darqotni}. Moreover, changing an orphan`s name or being cared for by another family isn`t an excuse for taking the funds donated to him or giving them to any party because they have become his own property. Since these orphans haven`t reached puberty, it isn`t permissible to transfer the funds deposited in their accounts to any party. This is because it isn`t permissible for anyone to take charge of another`s property because the latter is placed under interdiction for being underage or the like, save in matters that are beneficial to him. Therefore, once these orphans reach puberty, they can do whatever they want as far as their property is concerned. Allah, The Almighty, Says (what means): "if then ye find sound judgment in them, release their property to them." (An-Nisa`/6). And Allah Knows Best.

 

Head of the Iftaa` Board, The Grand Mufti of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh

Vice Head of the Iftaa` Board, Dr. Ahmad Hilayel

Dr. Yahia Al-Botoosh/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Dr. Mohammad Khair Al-Essa

Judge Sarrie Attieh

Dr. Abdulrahman Ibbdah/ Member

Dr. Mohammad Oklah/ Member

Dr. Abduln`nassir Abu Al Bass`al/ Member

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Gharaibeh/ Member

Executive Secretary of the Iftaa` board, Dr. Ahmad Al-Has`sanat

 

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Summarized Fatawaa

Is it permissible for a teacher to have one of the school meals originally allocated to students considering that there is plenty of them and they may spoil?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
The Ministry of Education has the final say in this regard because it isn`t allowed to take from public funds save with the permission of the body in charge of spending from it. In fact, we have sent a letter to the Ministry concerning this issue and we are waiting for an answer. However, to prevent spoilage of the meals, they can be sold and the price kept in favor of the students or distributed amongst the students themselves. And Allah The Almighty Knows Best.

My mother inherited a share from my late father`s and brother`s property; however, the inheritance, a piece of land, wasn`t divided amongst the eligible heirs because it was hard to sell. While alive, she used say that she wanted these shares to be distributed amongst the poor and needy. What is the ruling of Sharia on this?

All perfect praise be to Allah, the Lord of the worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.
This is a will, so we have to consider the estate she had left behind. If the piece of land, which she had willed, equals one third and less of her estate, then the will must be executed. But, if it is more than one third, then one third must be executed and the rest of the estate, if the heirs agreed, is to be executed  as part of her will as well. However, if the heirs haven`t approved of that, then what remains, excluding that one third, must be divided amongst them according to the Islamic rules of inheritance. Moreover, we recommend that you pay a visit to the Iftaa` Department to make things clearer for you. And Allah The Almighty Knows Best.

Is it permissible to make up for the missed fasts of the deceased?

A deceased`s missed fasts should be made up for by his/her guardian. It is also permissible to make up for the missed fasts of a deceased relative, and to pay a ransom in expiation for the latter`s missed fasts, which is feeding a needy person for every missed day. However, the guardian`s permission need to be sought by the non-relatives of the dead to fast on his behalf. And Allah Knows Best.

What is the ruling of Sharia when husband kicks the wife out of his house without a lawful excuse? Moreover, in such case, when she stays at her parents's house for several months, is she allowed to claim maintenance through a Sharia court?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
It isn`t permissible to kick wife out of house save for a valid reason since Almighty Allah Says (What means): "O ye who believe! Ye are forbidden to inherit women against their will. Nor should ye treat them with harshness, that ye may Take away part of the dower ye have given them,-except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing, and God brings about through it a great deal of good." [An-Nisa`/19]. In addition, it is the duty of the husband to provide for his wife and children in kindness, and this includes food, garment and residence. Moreover, dialogue and supplication are the best means for solving marital problems; however, the wronged party may resort to court. And Allah The Almighty Knows Best.

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