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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 for women to gather in one of their homes to pray Tarawih?

Yes, it is recommended (mustahabb) for women to pray Tarawih in congregation if they gather, even if it is not in the mosque.
In fact, praying at home is better for them, as it avoids the potential concerns associated with going to the mosque.

What is the ruling on discharging one's zakāh obligation through the provision of a specific benefit (manfa‘ah) — such as performing a surgical operation for a patient, or providing housing to a tenant, and counting the value of this service as zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is obligatory to pay zakāh from the actual asset (‘ayn al-māl) upon which zakāh is due, except in the case of zakāh on trade goods ('urūḍ at-tijārah), which is paid based on their monetary value. In all cases, zakāh must be given in the form of tamlīk (a full transfer of ownership), based on the words of Allah, the Mighty and Majestic (which mean): "Zakāh expenditures are only for the poor and for the needy, and for those employed to collect [zakāh], and for bringing hearts together [for Islam], and for freeing captives [or slaves], and for those in debt, and for the cause of Allah, and for the [stranded] traveler — an obligation [imposed] by Allah. And Allah is Knowing and Wise" [at-Tawbah/60]. The letter "lām" (لِ) in this verse — as in "lil-fuqarā'" ("for the poor") — indicates possession/ownership (lām al-milk).
It is not permissible to fulfill one's zakāh obligation by providing a benefit or service (manfa‘ah) — such as housing, education, or medical treatment — in place of the zakāh itself. This is because zakāh must be paid as wealth (māl) that is transferred into the ownership of the poor recipient, whereas such services are intangible benefits that are not, in themselves, capable of being formally transferred in ownership (ghayr qābilah lit-tamlīk). And Allah, the Exalted, knows best.

Can Zakah or Zakat al-Fitr be given to a poor brother?

Yes, it is allowed to give Zakah or Zakat al-Fitr to a poor brother, as he is considered among the eligible recipients.

How to perform the witr prayer in terms of connection (wasl) and separation (fasl)?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Witr prayer has several forms that vary in terms of virtue:
 
The First Form: Separating every two units (rak‘ah) with a Tashahhud and a Taslim (salutation). This is superior to connecting the units, even if it is only a single rak‘ah. This is based on the Hadith of ‘Aishah (may Allah be pleased with her): 'The Messenger of Allah ﷺ used to pray eleven units between the end of the ‘Isha prayer and dawn, performing the Taslim after every two units and performing Witr with a single unit.' (Related by al-Bukhari & Muslim).
 
The Second Form: Connecting the units with only one final Tashahhud at the very end.
 
The Third Form: Connecting with two Tashahhuds—meaning reciting the Tashahhud before the final unit without performing the Taslim, then standing to complete the final unit. This form is considered the lowest in rank so that the Witr prayer remains distinct from the obligatory Maghrib prayer, as stated in the Hadith: 'Do not make the Witr resemble the Maghrib prayer.' (Narrated by Al-Daraqutni, who stated its narrators are trustworthy).
 
It is stated in Bushra al-Karim Sharh al-Muqaddimah al-Hadramiyyah: 'It is permissible to connect [the Witr] with one Tashahhud in the final unit—which is better—or with two Tashahhuds in the last two units, as both methods are established in Sahih Muslim from the actions of the Prophet ﷺ. In the connected method, more than two Tashahhuds are prohibited. Furthermore, separating (al-Fasl) is better than connecting (al-Wasl) if the number of units is the same, because the Hadiths supporting it are more numerous and it involves more devotional actions.' And Allah the Exalted knows best."

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