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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

If someone starts the day sick or traveling while fasting, is it permissible for them to break their fast?

● A sick person who finds fasting difficult is allowed to break their fast, whether they began the day fasting or not.
● As for a traveler:
○ If they were still at home at dawn and then traveled after Fajr (dawn), they must continue fasting unless they experience extreme hardship, in which case they may break their fast.
○ However, if they were already traveling when dawn broke—meaning they had left their town before Fajr—then they are permitted to break their fast. This is what the Prophetﷺ did during the year of the conquest (of Makkah).

What is the ruling on water that contains ornamental fish — does it become impure on account of their waste?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The water in a pond containing ornamental fish is pure so long as it has not been altered, for a small amount of fish waste (rawth) is pardoned and overlooked — provided it does not change the water.
It is stated in Ḥāshiyat al-Jamal ʿalā Sharḥ al-Manhaj (Vol.1/P.178): "A small amount of hair from a non-edible animal is pardoned, as is a small amount of hair from a riding animal — on account of the hardship involved in avoiding it — and likewise a small amount of fish waste is pardoned, unless it alters the water." And Allah the Almighty knows best.

Is a person who forgot to make up missed fasts until the next Ramadan began required to pay expiatory compensation (Fidyah) alongside the makeup fast (Qada')?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Whoever forgets to make up missed fasts of Ramadan (Qada') until the following Ramadan begins incurs no sin, pursuant to the statement of the Messenger of Allah (peace and blessings be upon him): "Indeed, Allah has pardoned for my nation their mistakes, their forgetfulness, and that which they are coerced into doing." [Narrated by Ibn Majah, and Al-Bayhaqi in Al-Sunan Al-Kubra]
 
Furthermore, such an individual is not obligated to pay a expiatory compensation (Fidyah). It is stated in Bushra Al-Karim (p. 580)—one of the authoritative Shafi'i jurisprudential texts: "As for delaying it [the makeup fasts] due to a valid excuse—such as travel, breastfeeding, forgetfulness, or ignorance of the prohibition of delay (even for one living among scholars)—no Fidyah is required. This is because delaying performance during the actual month is permissible due to these excuses; hence, delaying makeup fasts is even more permissible, even if it continues for years."
And Allah Almighty knows best.

What can a menstruating woman do on Laylat al-Qadr?

If a menstruating woman engages in remembrance of Allah (dhikr), supplication (du‘a), and sincere devotion, she has indeed observed Laylat al-Qadr. She may also listen to the Quran from audio sources such as the radio or television.

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