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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

What is the ruling on one who slept while firmly seated on the ground, regarding nullification of ablution?

The default ruling regarding sleep is that it nullifies ablution. An exception to this is one who slept while firmly seated on the ground; his ablution is not nullified by sleep if he wakes up while still firmly seated on the ground. And Allah the Almighty knows best.

What is the ruling on a woman using contraception without her husband's knowledge if he is mistreating her?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is not permissible for a woman to use any means of delaying pregnancy without her husband's knowledge, consent, and mutual agreement. This is because having children is a sharʿī right belonging to both spouses equally in Islamic law. Imām al-Māwardī, may Allah have mercy upon him, stated: "The right to a child from a free woman is shared between them both" — meaning between the two spouses. [al-Ḥāwī al-Kabīr, 9/320]
It is therefore not permissible for either spouse to make a unilateral decision regarding the prevention of pregnancy without the consent of the other. We advise both spouses to discuss the matter with wisdom and mutual respect, so as to resolve any disagreement and arrive at a suitable solution that serves the interests of them both. And Allah the Almighty knows best.

Is it acceptable to perform the Aqiqah for a male child by slaughtering and distributing the first sheep, and bringing the second one cooked from the restaurant?

 

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.

It is permissible to slaughter the first sheep with the intention of Aqiqah (the newborn's sacrificial offering) and distribute it entirely [uncooked], and to slaughter the second sheep and have it cooked at a restaurant to bring home for the household. However, it must be noted that it is obligatory to give some portion of the Aqiqah in charity to the poor, even if it is a small amount, though it is preferable to send the food cooked to them.

Buying a pre-cooked, ready-made sheep from a restaurant does not suffice as an Aqiqah. However, if an agreement is made with the restaurant to explicitly slaughter a sheep with the intention of Aqiqah for the newborn, and then cook it afterward, this is permissible.

In conclusion, slaughtering the sheep and distributing it with the intention of Aqiqah is permissible, and through it, the foundational prophetic tradition (Sunnah) is fulfilled. As for simply buying a cooked sheep from a restaurant that was not specifically slaughtered with the intention of Aqiqah, it will not count as such. Conversely, if the restaurant owner is commissioned (Wakala) to handle both the slaughtering and the cooking as an Aqiqah, it is valid. And Allah the Almighty knows best.

What is the ruling on the fasting of a woman who has reached menopause if menstrual blood flows?

If a woman reaches the age of menopause (which is usually sixty-two) and her menses have ceased, then she sees blood after that, and its duration is not less than a day and a night (24 hours), it is menstruation (hayd). If it is less than a day and a night, she is considered as having non-menstrual vaginal bleeding (mustahada), so she fasts and prays. However, she must perform ablution for every obligatory prayer after its time enters, pray immediately, and be treated as a person with a continuous condition. There is no specific end limit for a woman's menstruation; it is possible as long as the woman is alive. And Allah the Almighty knows best.

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