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Resolutions of Iftaa' Board

Resolution No.(320): "Entitlement to Financial Benefits of Solidarity Funds is Subject to Related Instructions"

Date Added : 17-01-2023

 

Resolution No.(320), By The Board of Iftaa', Researches and Islamic Studies:

"Entitlement to Financial Benefits of Solidarity Funds is Subject to Related Instructions"

Date: (21 Jumada al-Ula, 1444 AH), corresponding to (15/12/2022 AD).

 

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.

 

In its fifteenth meeting held on the above date, the Board of Iftaa` reviewed the letter No.(11367/1444) sent from the Jordanian Constructions Contractors Association. It stated the following:

We would like to inform you that our late colleague Mr.X passed away on 4 June 2022. Under the Social Solidarity Fund System, testamentary heirs are entitled to financial benefits. However, when the beneficiaries went to collect these benefits from the SSF, they were told that there was a discrepancy between the inheritance deed and the will of the deceased in the application form of the SSF at the JCCA. In that form, the deceased stated that the financial benefits go to his wife and children while in the inheritance deed it is stated that he had a second wife and that the date of the will was earlier than the date of the second marriage. In light of this, what is the legal and Islamic ruling on the entitlement of the second wife to any financial benefits from the SSF at the JCCA?

After deliberations, the Board decided the following:

Islamic Solidarity Funds are based on contributions and cooperation amongst a group of people who agree on paying specific sums of money as a gift to the fund in return for agreed upon sums in case of affliction befalling any of them (subscribers) such as death, and such an act is recommended in Sharia. Almighty Allah Says  in the Holy Quran (What means): “Help ye one another in righteousness and piety, but help ye not one another in sin and rancor.“ {Al-Maida/2}. Here, the money of the SSF isn`t privately owned. Rather, it belongs to all the subscribers and the contract between them is not a contract of debt; rather, it is a commutative contract. This means that entitlement to the financial benefits depends on the system of the Fund itself and doesn`t undergo the rulings of Sharia on inheritance and bequests because these benefits aren`t part of the deceased`s estate, but a gift from the Fund to the beneficiaries. 

 

As understood from the contract of the SSF in light of the above question, the beneficiaries, in case of the subscriber`s death, are his wife and children. The general rule is that "Wife and children" apply to those who are wives and those who are children of the subscriber since the first wife may pass away during the lifetime of her husband (Subscriber) without having given birth to any children. Moreover, he may marry a second wife and she may give birth to children, and he may have both wives. Therefore, financial benefits go to the wives and the children, regardless of being a first or a second wife, because the criterion in (the construction of) contracts is intentions and meanings and not words and form. Rather, the word "Wife" in the application form of the SSF includes the second wife, so she is eligible to receive her share of the Fund`s payments. And Allah The Almighty Knows Best.

 

Grand Mufti of Jordan, Sheikh Abdulkareem Al-Khasawneh

Dr. Mohammad Al-Khalayleh/ Member

Prof. Mahmoud Al-Sartawi/ Member

Sheikh Sa`eid Hijjawi/ Member

Prof. Amjad Rasheed/ Member

Prof. Adam Nooh Al-Qhodah/ Member

Dr. Jameel Khatatbeh/ Member

Dr. Ahmad Al-Hasanat/ Member

Dr. Mohammad Younes al-Zou`bi/ Member

 

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Summarized Fatawaa

What is the ruling on Jumu‘ah (Friday) prayer for a traveler, and what are the conditions for it to be waived from him?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Jumu‘ah (Friday) prayer is not obligatory upon a traveler, whether on a long or short journey, provided that — according to the Shāfi‘ī school — he departs from his place of residence before the time for Fajr prayer begins, and that he does not intend to stay in the place he travels to for four days or more, excluding the day of arrival and the day of departure. If he intends to stay longer than that, he may not make use of the travel concession simply by arriving in that town. If he begins his journey after the adhān for Fajr has already been called, then Jumu‘ah prayer remains obligatory upon him, whether in his own town or in any town where Jumu‘ah is being held.
It is stated in Bushrā al-Karīm (Vol.1/p.383), from the books of the Shāfi‘ī school: "Jumu‘ah [prayer] is not obligatory upon a traveler on a permissible journey, whether long or short, if he departs from his place of residence before Fajr."
A "short journey" refers to travel covering a distance shorter than that of a long journey — that is, less than (81 km). The traveler begins to be entitled to travel concessions once he passes beyond the built-up limits of his town. And Allah, the Exalted, knows best.

What is the virtue of Laylat al-Qadr?

It is enough to know its great status that Allah revealed an entire surah about it—Surah Al-Qadr. Moreover, the Quran was first revealed on this night.
Allah says {what means}:
"We have indeed revealed this (Message) in the Night of Power: And what will explain to thee what the night of power is? The Night of Power is better than a thousand months. Therein come down the angels and the Spirit by Allah's permission, on every errand: Peace!... This until the rise of morn!" [Al-Qadr/1-5]
The Prophet ﷺ taught us to observe I‘tikaf in the last ten nights of Ramadan, seeking Laylat al-Qadr. Whoever worships Allah and revives this night will receive the reward of worshiping for a thousand months—excluding Laylat al-Qadr itself.

Is Zakah (obligatory charity) obligatory on indebted merchant?

Debt doesn`t abrogate the dueness of Zakah, thus a debtor who has money, articles of merchandise, or other Zakah funds at his disposal should pay their Zakah.

What is the ruling on one who wiped over his leather socks (*khuff*) while resident and then traveled, or wiped while traveling and then became resident? And likewise, what is the ruling on one who incurred a minor ritual impurity (*ḥadath aṣghar*) while resident, then traveled and wiped while traveling?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Whoever wipes over his leather socks (khuffayn) while resident and then travels, or wipes while traveling and then becomes resident, before a day and a night have passed in both cases, completes the wiping period of a resident. If he wipes while resident and then travels after a day and a night have passed, he must remove the socks, because the period has ended. Likewise, if he wipes while traveling and then becomes resident after a day and a night have passed, he must remove them as well.
Whoever breaks his wuḍūʾ while resident and then wipes while traveling takes the ruling of a traveler as regards the duration of wiping, so long as he does not become resident. It is stated in ʿUmdat al-Sālik wa ʿUddat al-Nāsik (Vol.1/p.15): “If he wipes over both [socks] or one of them while resident and then travels, or wipes while traveling and then becomes resident, or doubts whether he began the wiping while traveling or while resident, he completes only the wiping period of a resident. But if he broke his wuḍūʾ while resident and wiped while traveling, he completes the period of a traveler, whether or not the full time of a prayer had passed over him while resident.” And Allah Almighty knows best.

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