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Resolutions of Iftaa' Board

Resolution No.(107): "Proposed Amendments to the System of the Income and Sales Tax Department Fund"

Date Added : 12-04-2016

 

Resolution No.(107) by the Board of Iftaa`, Research and Islamic Studies:

"Proposed Amendments to the System of the Income and Sales Tax Department Fund"

Date: 26/4/1427 A.H, corresponding to 24/5/2006 A.D

 

We have received the following question: What is the ruling of Sharia on the instructions governing the disbursement of money from the Income and Sales Tax Department Fund, published in the official gazette?

Answer: All success is due to Allah.

First: Article (5), paragraphs (H, Z)

Paragraph (Z) stated that among the Fund`s revenues is:  "Loans obtained by the Fund from any source to be given as housing loans to the Department`s employees."

Paragraph (Z) stated that another source of the Fund`s revenues is: "Benefits and profits achieved by the Fund`s investment of the revenues referred to in the aforementioned article."

The Board is of the view that the following sentence must be added to the above paragraphs:"In line with the provisions of Islamic Law."

Second: Article (6) stated: "The committee shall deposit, the money referred to in article (5), in one or more of the non-Islamic banks."

The Board is of the view that the above money must be deposited in Islamic banks.

Third: Article (18) stated: "The administrative committee shall have the right to initiate all legal procedures against those who fall behind in repaying their monthly allocations, for whatever reason, in line with the stipulations of the concluded loan-contract."

The Board views that the above procedures must comply with the provisions of Islamic Law.

Fourth: Article (19), paragraph(A): "The loanee shall be charged with 2%, as administrative and general expenses, from the value of the loan, to be deducted instantly upon receiving the first payment."

The Board is of the view that a definite amount must be specified for all types of loans regardless of their value, and not a percentage from the value of the loan itself, in order to avoid Riba(Usury/interest).

Fifth: Article (22), paragraph (1): "The administrative committee shall have the authority, after the approval of the Director-General, to issue executive decisions concerning the following:

1- Developing the Fund`s resources.

2- Any decisions that guarantee executing the provisions of these instructions."

The Board is of the view that developing the Fund`s resources must comply with the provisions of Islamic Law. And Allah Knows Best.

 

 

Chairman of the Iftaa` Board, Chief Justice, Dr. Ahmad Hilayel

Dr. Yousef Ghizan/Member

Dr. Abdulmajeed Assalaheen/Member

Sheikh Sa`ied Hijjawai/Member

Sheikh Abdulkareem Khasawneh/Member

Sheikh Na`iem Mojahid/Member

Dr. Wasif Albakhri/Member

 

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Summarized Fatawaa

What is the wisdom behind the legislation of fasting?

Fasting is a divine school from which the believer learns much and trains in virtues that may be needed in life. Among these virtues is patience, as it is the month of patience. Fasting also teaches honesty and consciousness of Allah in both private and public, for there is no observer over the fasting person in abstaining from lawful pleasures except Allah alone.
Fasting strengthens willpower, sharpens determination, and nurtures mercy and compassion among the servants of Allah. It is a struggle against the self, a restraint of desires, a purification of the soul, and a cultivation of goodness.
The Prophetﷺ said: "Allah, the Almighty, said: ‘Every deed of the son of Adam is for him, except for fasting; it is for Me, and I shall reward for it. Fasting is a shield. So when one of you is fasting on a day, let him not engage in obscene speech or raise his voice in anger. If someone insults him or fights him, let him say: I am a fasting person. By Him in whose hand is the soul of Muhammad, the breath of the fasting person is more pleasant to Allah than the fragrance of musk.’" [Bukhari and Muslim]
 

What is the ruling on sending blessings and peace upon the prophet (PBUH) after the Adhan?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is a Sunnah to send blessings and peace (As-Salat wa al-Salam) upon the Prophet ﷺ after the Adhan and the Iqamah, for both the caller (Mu’adhin) and the listener. It is permissible to do so aloud after the conclusion of the Adhan. However, it is preferable to maintain a brief pause between the words of the Adhan and the prayers upon the Prophet ﷺ, so that people do not mistakenly assume that sending blessings upon him is an integral part of the Adhan itself. And Allah the Exalted knows best.

What are the Sharia consequences when the sacrificial time for the uḍḥiyyah comes to an end?

 
 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
If the sun sets at the end of the last of the Days of Tashrīq and the sacrificial animal (uḍḥiyyah) has not yet been slaughtered, then its prescribed time has elapsed. Should one slaughter it thereafter, it will not be considered a valid uḍḥiyyah.
However, if the sacrifice was vowed (mandhūrah), then it remains obligatory to slaughter it — and it shall be carried out as a make-up (qaḍā') of the vow, with its meat distributed in the rightful channels designated for such sacrifices.
It is stated in Bushrā al-Karīm (p. 702): "If one slaughters after the sunset of the last of the Days of Tashrīq... it isn`t considered a valid uḍḥiyyah, unless it was vowed — in which case it is carried out as qaḍā'."
And Allah Almighty knows best.

What is the age of the Aqiqa or the Udhiyah?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The minimum age for a sacrificial animal (Udhiyah) and the birth sacrifice (Aqiqa) is as follows:
 
Camels: Five years old, entering their sixth year.
 
Cattle and Goats: Two years old, entering their third year.
 
Sheep: One year old, entering their second year; however, it is permissible for a sheep to be six months old provided it is large in size and plump.
 
And Allah the Exalted knows best.

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