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Resolutions of Iftaa' Board

Resolution No.(142): "Ruling on Paying Zakah to Al-Aman Fund for the Future of Orphans"

Date Added : 27-10-2015

Resolution No.(142): "Ruling on Paying Zakah to Al-Aman Fund for the Future of Orphans"

Date: 7/5/1431 AH, corresponding to 22/4/2010 AD.

Praise be to Allah, The Lord of The Worlds; and may his peace and blessings be upon Prophet Mohammad and upon all his family and companions.

During its fourth session held on the above given date, the Board reviewed the questions asked by Al-Aman Fund for the Future of the Orphans regarding the ruling of Sharia on paying obligatory and voluntary charities to the Fund, which covers the expenses of the university education of these orphans, and are they considered from the continuous charity?

After extensive study and deliberation, the Board decided what follows:

Zakah is to be given only to one of the eight categories specified in the Holy Quran who are the ones eligible to receive the due Zakah. Whereas, Allah, The Most Exalted, Says (what means): "Alms are for the poor and the needy, and those employed to administer the (funds); for those whose hearts have been (recently) reconciled (to Truth); for those in bondage and in debt; in the cause of God; and for the wayfarer: (thus is it) ordained by God, and God is full of knowledge and wisdom." {At-Tawbah/60}. This verse indicates that it is permissible to give Zakah to poor orphan Muslims.

However, it isn`t permissible to give it to the person who possesses property or earns sufficient living. This is indicated by what the Prophet (PBUH) said to Moa`d when he sent him to Yemen: "You will go to the people of the Scripture. So, when you reach there, invite them to testify that none has the right to be worshipped but Allah, and that Muhammad is His Apostle. In addition, if they obey you in that, tell them that Allah has enjoined on them five prayers in each day and night. And if they obey you in that tell them that Allah has made it obligatory on them to pay the Zakat which will be taken from the rich among them and given to the poor among them. (Bukhari & Moslim).

As regards voluntary charity, it is permissible to give it to the poor as well as others.

 According to Muslim scholars, continuous charity takes the rules of a Waqf (endowment).We pray that Allah, The Almighty, Accepts covering the expenses of poor students` education as a continuous charity whose benefit would last forever. And Allah Knows Best.

 

Chairman of the Iftaa` Board, Grand Mufti of Jordan, Dr. Abdulkareem al-Khasawneh

Vice Chairman of the Iftaa` Board, 

                                                             Dr. Ahmad Hilayel

   Dr. Yahia al-Botoosh/ Member

    Sheikh Sa`eid Hijjawi/ Member

                 Dr. Mohammad Khair al-Eesa/ Member

                                                             Judge Sari Atieh/ Member

        Dr. Abdurahamn Ibbdah/ Member

   Dr. Mohammad Okla/ Member

          Dr. Abdunnasir Abulbasal/ Member

 

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Summarized Fatawaa

Is it permissible to read from the Mus-haf during Tarawih prayer?

Yes, it is permissible to read from the Mus-haf during Tarawih prayer, provided that excessive movements that invalidate the prayer are avoided.
However, it is preferable for the imam to be a memorizer of the Quran and to recite from memory.

What is the ruling of Islamic Law on performing prayer on the upper floors of al-Masjid al-Ḥarām?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Facing the actual structure of the Ka‘bah (‘ayn al-Ka‘bah) is one of the conditions for the validity of the prayer. The scholars have clarified what is meant by "the actual structure of the Ka‘bah."
Imam ash-Sharwānī (raḥimahullāh) said: "What is meant by its ‘ayn (actual structure) is its physical body, or the airspace directly aligned with it — if the person praying is not inside it. But if he is inside it, then the airspace alone does not suffice; rather, the actual physical structure must be faced, such that even if he faces a projecting part of it measuring roughly two-thirds of a dhirā‘ (cubit) or more, this would be sufficient." [Ḥāshiyat ash-Sharwānī ‘alā Tuḥfat al-Muḥtāj, Vol.1/P.484]
Sheikh al-Qulyūbī (raḥimahullāh) said: "Unlike one who prays outside it — i.e., outside the Ka‘bah — for him the airspace (directly above it) suffices, even if he is higher than it, or even if he is at the location where it (hypothetically) has been demolished." [Ḥāshiyat al-Qulyūbī ‘alā Sharḥ al-Minhāj,  Vol.1/P.154]
Accordingly, the prayer is valid on the upper floors of al-Masjid al-Ḥarām, even though these floors are higher than the roof of the Ka‘bah itself. And Allah, the Exalted, knows best.

What is the ruling on the follower (*maʾmūm*) reciting Sūrat al-Fātiḥah behind the imam?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
In our school of Islamic thought, the Shāfiʿī school, reciting al-Fātiḥah is obligatory in every rakʿah of the prayer for the imam, the follower (maʾmūm), and the one praying individually (munfarid), because it is one of the pillars (arkān) of the prayer. Whoever does not perform it, his prayer is invalid, whether the prayer is silent (sirriyyah) or audible (jahriyyah), based on the saying of the Prophet (peace and blessings be upon him): “The prayer of the one who does not recite the Opening of the Book (Fātiḥat al-Kitāb) is invalid.” Agreed upon.
It is stated in ʿUmdat al-Sālik, one of the books of the Shāfiʿī school: “He recites al-Fātiḥah in every rakʿah, whether he is the imam, the follower, or the individual worshipper.”
The jurists of the other schools hold a different opinion, which was previously explained in Fatwa no. (3169); please refer to it. And Allah Almighty knows best.

Is Zakat al-Fitr obligatory for an unborn child (fetus)?

Zakat al-Fitr is not obligatory for a fetus. However, if the child is born before sunset on the last day of Ramadan, then Zakat al-Fitr must be given on their behalf.

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