Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(112): “Ruling on Giving Bonuses to the Employees of the Awqaf(Endowments) Funds Development Foundation from the Net Income of Waqf Estates“

Date Added : 28-10-2015

 

Resolution No.(112): “Giving Bonuses to the Employees of the Awqaf (Endowments) Funds Development Foundation from the Net Income of Waqf Estates“

Date: 23/7/1427 AH, corresponding to 17/8/2006 AD.

 

The Board received the following question:
What is the ruling of Islamic Sharia regarding the profits yielding from operating the savings bank`s funds of the staff of the Jordan Potash Company at Jordan Export and Finance Bank and Jordan Insurance Company?
Answer: All success is due to Allah
The Board is of the view that the aforementioned profits are unlawful, for Allah The Almighty Says in the Noble Quran (what means): “If ye do it not, Take notice of war from God and His Apostle: But if ye turn back, ye shall have your capital sums: Deal not unjustly, and ye shall not be dealt with unjustly.“ {Al-Baqarah/279}. Therefore, they should be disbursed in favor of the poor, the needy, and public interest. And Allah Knows Best.

The Iftaa' Board
Chairman of The Iftaa' Board/Chief Justice/ Dr. Ahmad Hilayeel
         Dr. Yousef Ali Ghythan     
                      Dr. Abd-Al-Majeed Al- Salaheen   
Dr. Wasif Al Bakhry
                            Sheikh Abd-Al-Kareem Al-Khsawneh 
    Sheikh Sa'eed Hijjawi 
                                      Sheikh. Na'eem Mojahed                             

 

 

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Summarized Fatawaa

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

Is it permissible for a wife to refuse to go to bed with her husband (for sexual intercourse)?

It isn`t permissible for her to do so unless for a sound reason.

Is it incumbent on a husband to pay the alimony of his wife if she had left him and stayed at her parent`s without his permission?

When a wife leaves her house, and stays at her parent`s without asking her husband, she is considered a Nashiz (wife who refuses to abide by her husband’s orders), and so she doesn`t deserve an alimony.

Is a woman sinful if she fasts out of shyness from her family while menstruating or in postnatal bleeding?

It is forbidden for a woman who is menstruating or in postnatal bleeding to abstain from food and drink with the intention of fasting. If she fasts out of shyness, she is sinful, as her fast is not valid.
However, if she refrains from eating and drinking without intending to fast, it is not forbidden, but she unnecessarily burdens herself without need.