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Resolutions of Iftaa' Board

Resolution No.(98): "Ruling on the Statute of Al-Ballorah Assakhina Employees` Association"

Date Added : 08-12-2015

 

Resolution No.(98) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on the Statute of Al-Ballorah Assakhina Employees` Association"

 

 

We have received the following question:

What is the ruling of Islamic Sharia on the statute of Al-Ballorah Assakhina Association?

Answer: All perfect 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.

Having reviewed the statute of the above association, the Board is of the view that article four of the annexed statute must be amended. It originally stated:

"A member of the association shall be responsible for paying the price of the commodity after examining it and agreeing with the seller on the price, and he shall not hand the money to the beneficiary whatever the case may be."

The Board believes that this article must be rewritten as follows: "The association shall deputize one of its members to purchase the commodity required by the beneficiary after examining it and paying its price to the seller. Once the association takes possession of the commodity, it shall resell it to the beneficiary."

The Board have demanded this amendment because it isn`t permissible for the association to sell the commodity to the beneficiary except after purchasing and taking possession of it so as to avoid the suspicion of Riba (usury/interest), as indicated in the following Hadith narrated by Hakim Bin Hizam: "I bought some food and made food and made a profit on it (by selling it) before I took possession of it. I came to the Messenger of Allah and told him about that and he said: "Do not sell it until you take possession of it." {Narrated by Ahmad in his Mussnad, vol.3/pp.402}. And Allah Knows Best.

 

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Summarized Fatawaa

I bought an apartment, and I am saving money to pay the remaining balance of its price — is zakāh obligatory on this money?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh is obligatory on all saved/hoarded wealth. Once the total wealth reaches the niṣāb (minimum threshold liable for zakah— equivalent to the value of 85 grams of pure 24-karat gold) and a full ḥawl (lunar year) has elapsed over it, zakāh becomes obligatory at a rate of (2.5%) — even if the wealth is earmarked for basic future needs, and even if the wealth's owner is in debt. Debt does not prevent the obligation of zakāh, nor is it deducted when calculating the zakāh due, based on the general and unrestricted wording of all the Qur'anic verses commanding zakāh, which draw no distinction between someone in debt and anyone else.
It is stated in ‘Umdat as-Sālik, from the books of the Shāfi‘ī school: "If someone possesses exactly the niṣāb, and owes an equivalent amount in debt, zakāh remains obligatory on what is in his possession, and the debt does not prevent this obligation" — meaning, the obligation of zakāh on what is presently in his possession.
The ḥawl (annual cycle) recognized for zakāh, as well as for the other sharī‘ah obligations that Allah, the Exalted, has imposed upon Muslims, is the Hijrī (lunar) year. And Allah, the Exalted, knows best.

What is the ruling on fasting?

Fasting in Ramadan is an individual obligation (Fard ‘Ayn) upon every mature, sane Muslim who is capable of fasting.
Fasting can also be recommended (Mustahabb), such as voluntary fasting on Mondays and Thursdays, fasting on the Day of Arafah for those not performing Hajj, and fasting on Ashura.
Fasting can be prohibited (Haram), such as fasting on the two Eid days, the Day of Doubt (Yawm al-Shakk), and the Days of Tashreeq.
Some types of fasting are disliked (Makruh), such as singling out Friday or Saturday for fasting without a specific reason and fasting on the Day of Arafah for a pilgrim.

Is a woman sinful if she fasts out of shyness from her family while menstruating or in postnatal bleeding?

It is forbidden for a woman who is menstruating or in postnatal bleeding to abstain from food and drink with the intention of fasting. If she fasts out of shyness, she is sinful, as her fast is not valid.
However, if she refrains from eating and drinking without intending to fast, it is not forbidden, but she unnecessarily burdens herself without need.

What is the ruling on wiping the head during ablution from behind a barrier like a headscarf (hijab)?

The obligation in ablution is to wipe some of the head; it is not a condition to wipe all of it. As for one who has a turban or headscarf on their head, it is permissible for them to wipe over it after wiping a part of their head in any place. This is easily done at the front of the head. This means the woman begins by wiping the front of her head from under the headscarf, then completes the wiping to the back of the head from over the headscarf. If the woman wipes over the headscarf on her head and the moisture reaches the scalp or some hair within the boundaries of the head, it suffices for wiping the head. And Allah the Almighty knows best.

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