Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(25): "Ruling on the Mechanism of the Jordan Phosphate Mines Company Employees' Saving Fund"

Date Added : 07-12-2015

 

Resolution No.(25) by the Board of Iftaa`, Research and Islamic Studies: "Ruling on the Mechanism of the Jordan Phosphate Mines Company Employees' Saving Fund"

Date: 16/4/1413 AH, corresponding to 13/10/1992 AD.

We have received the following question: 
What is the ruling of Islamic Sharia on the Mechanism of the Jordan Phosphate Mines Company employees` saving fund?

Answer: All of Success is Due to Allah:
Sums that an employee takes from his salary, deductions from his pay, and equal sums paid by his company are all Halal (legal).
As regards profits, they are classified as follows: 
Profits that come from a Halal investment are Halal, such as: Company`s stocks and funds deposited in Islamic banks; whereas, those which come from a Haram (illegal) investment are Haram, such as: interests taken from non-Islamic banks and profits of companies that deal in Haram transactions.
In order for an employee to be on the safe side, he should seek the assistance of the financial officers and see what they think is most probable to be Halal money.
On the other hand, the Board is of the view that the illegal profits should be given to the poor and needy, even if they were his relatives whom he isn`t obliged to provide for and he is financially capable. This is because it isn`t permissible that he benefits from that illegal money directly or indirectly. Moreover, that money should also be spent on public projects.
The Board warns that in principle the mechanisms employed by such saving funds must comply with the rules of Sharia. And Allah Knows Best.

Chairman of the Iftaa` Board, The Grand Mufti of Jordan, Dr. Nooh Al-Qhodaat

     Sheikh Sa`eid Hijjawi

Dr. Ahmad Hilayel

Dr. Abdulsalam Al-Abbadi

     Mohammad Shewayat

   Dr. Yaseen Daradkeh

 

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Summarized Fatawaa

What is the ruling on selling sacrificial animals (udhiyah) described with specific attributes and authorizing an agent to slaughter them?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Selling sacrificial animals (udhiyah) that are described with specific attributes is permissible. This falls under the category of a salam sale (forward sale) if conducted using the terminology of salam, and under the category of a regular sale if not using the terminology of salam.
 
As for authorizing the seller to slaughter the sacrificial animal, the basic principle is that it is permissible, because the agent (wakil) stands in the place of the principal (muwakkil) in achieving his objective. This is a contract that the principal (the buyer) is entitled to perform himself, so authorizing another (the seller) to do so on his behalf is valid.
 
However, it is a condition for authorization to slaughter that the intention (niyyah) is present either at the time of slaughter or at the time of handing over the sacrificial animal to the agent. The basic principle is that the sacrificial animal must be specifically designated, as it is an act of worship. It is not required to designate it at the time of slaughter; rather, it is valid to do so before that.
 
It is permissible for the principal either to delegate the intention to the agent or to formulate it himself when authorizing the agent to slaughter. However, the sacrificial animal must be designated, even if at the time of slaughter, by the agent.
 
It is obligatory to designate the sacrificial animals so that each person offering a sacrifice receives his own specific animal. Therefore, charitable organizations and companies must take this into consideration and establish a specific mechanism that ensures no mixing of sacrificial animals occurs, so that each person offering a sacrifice receives his own designated animal. And Allah Almighty knows best.

Is ablution invalidated when blood comes out of the nose, or a wound?

Blood coming out of the nose, or a wound does not invalidate ablution, but it is preferable to make ablution as a way out of the scholars disagreement in this regard.

What is the ruling on applying perfume while fasting?

Applying perfume does not break the fast. However, it is better to avoid it, as fasting is a practice of simplicity and restraint, while perfume is a form of luxury.

What is the ruling on offering a sheep as a sacrifice (Udhiyah) if its fat-tail is sound, except that when it was young, the tip of its fat-tail was cut so that it would grow larger? And what is the ruling in case of doubt regarding the amount that was cut?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Cutting a minor, insignificant portion from the tip of an animal's fat-tail (al-alyah) to encourage it to grow larger is not considered a defect, and it does not prevent the animal from being valid for sacrifice (Udhiyah).
 
It is stated in Tuhfat al-Muhtaj (Vol.9/P.352): "There is some scholarly deliberation regarding the common practice of cutting the tip of the fat-tail so that it grows larger. It could potentially be likened to a partial cut of the ear—supported by the jurists' general rule: 'even if it is a small amount.' On the other hand, if it is an exceptionally minor cut, it might have no effect on validity. This is explicitly clarified by the juristic exception to the general rule, which states that cutting a tiny piece from a large limb causes no harm. This latter view is more well-founded.
 
Furthermore, I found that some scholars investigated this matter and concluded: 'It should not affect validity if a custom-sanctioned portion of its fat-tail is removed during its youth to make it grow larger and look better, just as castrating a male animal causes no harm.' However, applying this unconditionally contradicts the established texts of the jurists, as understood from what I have laid out; thus, the restriction I specified is what must be relied upon."
 
Similarly, it is mentioned in Nihayat al-Muhtaj (8/135): "If a small piece is cut from the fat-tail to help it grow larger, the most well-founded view is that the sacrifice remains valid, as was given in a formal legal verdict (Fatwa) by my father [Shihab al-Din al-Ramli], may Allah be pleased with him. This is proven by the jurists' maxim: 'The loss of a tiny piece from a large limb causes no harm.'"
 
In cases where there is doubt as to whether the portion cut was large or small, the animal is still deemed valid for sacrifice. It is noted in Hashiyat al-Shubramallisi ‘ala Nihayat al-Muhtaj (Vol.8/P.135):
 
"This matter requires careful consideration, but the closer and more correct view is that it is valid. This is because soundness is the default state for the animal from which the piece was cut, and it aligns with what usually occurs—namely, that the part removed to help the fat-tail grow larger is naturally very small." And Allah the Almighty Knows Best.