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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(235): "Getting Rid of Ill-Gotten Money"

Date Added : 20-03-2017

Resolution No.(235)(3/2017) by the Board of Iftaa, Research and Islamic Studies:

"Getting Rid of Ill-Gotten Money"

Date: (7/Jumada Al-Akhira/1438), corresponding to (6/3/2017)

 

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 the second session held on the above date, the Board reviewed the following question: 

I have worked for a usurious bank, but I`m now retired. Out of my salaries, I managed to construct a building of my own, and leased it against (1200 Dinars) per month. Is this income lawful? are my children allowed to benefit from it?, and how can I purify that money?

After deliberations, the Board decided the following:

There is no harm that you and your children benefit from the revenue of that building regardless of its source because the sin of usury or helping others to commit that sin falls on the person himself, has nothing to do with the money, and that person can free himself from the liability by sincere repentance, seeking Allah`s forgiveness, and never committing that sin again. It is hoped that this in addition to giving charity will avail in purifying that money, with Allah`s mercy and forgiveness. And Allah Knows Best.

 

Grand Mufti of Jordan/Dr. Mohammad Al-Khalayleh

Vice-Chairman of Iftaa` Board/Prof. Abdullah Al-Fawaaz

Sheikh Sa`eid Hijjawee/Member

Dr. Mohammad Khair Al-Esa/Member

Judge Khaled Wuraikat/Member

Dr. Mohammad al-Zou`bi/Member

 

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Summarized Fatawaa

Do ear and nose drops break the fast?

 
Yes, ear and nose drops break the fast because both the nose and ears are open passages to the body cavity.

Is Zakah (obligatory charity) due on the money saved for marriage?

Zakah is due on the money saved for marriage if it reached the Nissab (minimum amount liable for Zakah), and a whole lunar year had lapsed over possessing it.

Is it permissible for the guardian to give Sadaqa (voluntary charity) from the money of the orphans?

It is impermissible for the guardian to donate from the money of the orphans because he is entrusted with the safekeeping of that money, and is prohibited from donating it.

Is it permissible to agree with a butcher to purchase the meat of an animal after it has been slaughtered — for instance, by buying the meat of a sheep at a price determined by the weight of its meat following slaughter, at a fixed rate per kilogram? And what is the ruling if the animal is being purchased with the intention of it being an uḍḥiyyah (sacrificial offering)?

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible to sell livestock in the manner of pricing each kilogram of meat after slaughter at a fixed rate, because the meat within the animal prior to slaughter is unseen and unknown. This leads to jahālah (ignorance of the subject matter) and gharar (contractual uncertainty), both of which are among the invalidating factors in sales transactions.
However, it is permissible for the buyer to issue a promise to purchase the meat of the animal after slaughter at a specified price per kilogram, with the actual sale being concluded at the time of weighing the meat — at which point both the quantity of the goods and the total price become known. There is no Sharī'ah objection to this arrangement.
The jurists have stipulated that for a sale to be valid, both countervalues must be present and observable. Al-Khaṭīb al-Shirbīnī, may Allah have mercy upon him, states:
"It is valid to sell a heap of grain whose total measure is unknown to both contracting parties at a rate of one sā' per dirham. This sale is valid because the subject of sale is present and observable, and ignorance of the total price is not harmful since it is known in detail — and uncertainty is thereby lifted."— [Mughnī al-Muḥtāj, Vol.2/P.355]
As for the uḍḥiyyah, the 'aqīqah, and vowed blood sacrifices (al-dam al-mandhūr) — full ownership of the animal must be established prior to slaughter. It is not valid for such animals to be slaughtered while still in the ownership of the butcher. Rather, the animal must be purchased alive and then slaughtered with the intention of uḍḥiyyah or the like. And Allah Almighty knows best.

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