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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 ablution without istinja' after sleep?

The sleep of one whose buttocks are not firmly seated on the ground invalidates ablution. Whoever wakes up and wants to pray must perform ablution only. Istinja' is not a condition for the validity of ablution, because it is for removing impurity from the private part. If there is no impurity on the private part, then istinja' is neither obligatory nor recommended. And Allah the Almighty knows best.

Is it permissible for a sick person to pray while sitting on a chair?

All perfect praise be to Allah, The Lord of the Worlds                                                                                                                                                                        It is permissible for a sick person, who is unable to stand up, to offer prayer while sitting on a chair. If he/she was unable to prostrate while on the chair, the he/she should pray while sitting on the ground, but if he/she was neither able to bow (Roku),nor to prostrate, then he can do them while sitting on the chair. And Allah Knows Best.

What is the ruling on a second congregation [being formed] in the mosque?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is disliked to deliberately seek to establish a second congregation in a mosque that is not one frequented by transient passersby — such as a neighborhood mosque with a regular, appointed imam — unless permission is granted by that imam, since doing so implies criticism and an affront to him. However, if the mosque is one frequented by transient passersby — such as mosques located in marketplaces — then a second or even third congregation is permissible there, whether or not it has a regular, appointed imam, and whether or not that imam gives his permission. This is because such mosques experience a continuous flow of people coming and going, so no implication of criticism toward the imam is perceived in the formation of multiple congregations in that setting. And Allah, the Exalted, knows best.

What is the ruling on waiving a debt owed by a debtor and counting it toward zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Waiving a debt owed by a debtor, with the intention of counting it toward zakāh, does not fulfill the zakāh obligation. Rather, it constitutes an ordinary act of charity, for which Allah rewards the giver generously — since one of the conditions for the validity of zakāh is that the person paying it must form the intention of zakāh at the actual moment the wealth is paid out. In this case, the debt has already been established as a standing obligation upon the borrower, so it is not valid to simply redirect the intention toward zakāh after the fact.
It is preferable, instead, for the creditor to first collect the debt from the debtor, and then return to him the amount of money he is required to pay as zakāh — or a portion of it — if the debtor happens to fall under one of the eight categories that Allah, the Exalted, has commanded be given from zakāh.
It is stated in ‘Umdat as-Sālik, from the books of the Shāfi‘ī school: "If someone gives [money] to a poor person, stipulating that the recipient return it to him in payment of a debt owed to him, or says, 'I am making what you owe me into zakāh, so take it [as such]' — this is not valid. But if he gives it to him with the [unstated] intention that the recipient will use it to repay him, or says, 'Repay what you owe me, so that I may [then separately] give it to you as zakāh,' or the debtor himself says, 'Give it to me, so that I may [then] repay you with it' — this is valid, and there is no binding obligation for the recipient to actually fulfill this [informal understanding]." And Allah, the Exalted, knows best.

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