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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 correct that everything dry is pure even if it has impurity on it?

If something impure becomes dry, it remains impure and is not purified by drying. However, the impurity does not transfer by touching it if the one touching it is also dry. And Allah the Almighty knows best.

What is the semi-circular structure attached to the Holy Kabah?

The semi-circular structure attached to the Holy Kabah is Hijr Al-Kabah (is a low wall originally part of the Kabah) and passing behind it is an obligation while making Tawaf because it is a part of the Holy Kabah. And Allah Knows Best.

What is the ruling on a mother giving the Zakat of her wealth to her children?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for a mother to give her children from the Zakat if they are among those who are eligible for it—such as being poor (Fuqara), possessing no wealth, and not being sufficiently provided for by the maintenance (Nafaqah) of others. This is based on the statement of the Messenger of Allah ﷺ regarding Zaynab, the wife of 'Abdullah ibn Mas'ud (may Allah be pleased with them both): (Your husband and your children are the most deserving of those upon whom you spend in charity) [Narrated by Al-Bukhari].
 
It is stated in [Al-Hawi al-Kabir, Vol. 8/P.537]: 'As for the wife, it is permissible for her to pay her Zakat to her husband from all the designated shares... Our evidence is the generality of the saying of Allah the Almighty: "Zakat expenditures are only for the poor and for the needy", and the Hadith of Abu Hurairah that the Prophet ﷺ said to Zaynab, the wife of 'Abdullah ibn Mas'ud: (Your husband and your children are the most deserving of those upon whom you spend), and this is taken in its general sense.' And Allah the Exalted knows best.

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

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