Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Date Added : 27-12-2015

Resolution No.(50): "Ruling of Sharia on the Staff Provident Fund of a Shareholding Company"

Date: 2/5/1422 AH, corresponding to 22/7/2001 AD

We have received the following question:

What is the ruling of Sharia on the staff provident fund of a Jordanian shareholding company; and is the staff member subscribing to that fund obliged to pay Zakah in return for his savings in it?

Answer:

The Board is of the view that some of the investments undertaken by the above fund adhere to the rules of Islamic Sharia; whereas, others don`t. Therefore, profits made through lawful methods are equally lawful; whereas, those made from unlawful methods are equally unlawful.

Moreover, since subscribing to the above fund is mandatory, then there is no harm that every staff member subscribes to it because he has to make a living.

However, upon the collection of his claims from the above fund, including the profits, it is mandatory that every staff member investigates where they come from.

Therefore, those, which come from a lawful source of investment, are equally lawful.

Whereas, those which come from an unlawful source of investment are equally unlawful. The latter must be given to charity in order to get rid of the ill-gotten money.

However, if he couldn`t distinguish the lawful from the unlawful while knowing for sure that it is most probable that they include ill-gotten money, he may possess half of these profits on the basis that they are legitimate, and he should give the other half for charity to get rid of the ill-gotten money, unless he thought it is probable to be the other way around.

On the other hand, if he couldn`t tell the lawful from the unlawful while not knowing for sure that it is probable that they include money coming from an unlawful source, he may possess all of the profits as lawful money on the basis that Muslims` transactions are, in principle, valid and they are righteous people.

As regards the rule of Islamic Sharia on the Zakah of the savings of the staff member in that fund as well as that of their profits, the Board is of the view that he is obliged to give their Zakah once they reach Nisab (Minimum amount liable for Zakah) after one lunar year elapses over possessing them, in accordance with the opinion of the Maliki school of jurisprudence on the Zakah of debts. And Allah Knows Best.

 

Chairman of the Iftaa` Board, the Chief Justice, Sheikh Izuldeen At-tamimi

Dr. Wasif al-Bakhri

           Dr. Abdulsalam Al-Abbadi

            Dr. Mohammad Abu Yahia

        Sheikh Sae`id Al-Hijjawi

               Sheikh Mahmood Shewayat

                                             Dr. Yousef Ali Ghyzan Sheikh Nae`im Mujahid 

 

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Summarized Fatawaa

Is it permissible for a menopausal woman who has blood discharges to fast?

If she reached the age of menopause, and her menses stopped, but later she saw blood discharges that lasted a complete day and night (24) hours, then it is menstrual blood. Still, if these blood discharges lasted less than a complete day and night (24) hours, then it is not menstrual blood, but it is bleeding outside the monthly period (Istihadah), and it does not prevent her from prayer and fast, but she has to make ablution for every prayer.

Is it permissible to slaughter one animal as a sacrifice and an Aqeeqah (the sheep slaughtered on the seventh day from the child`s birth)?

It is impermissible to do so since each of them is slaughtered for a different reason.

What is the ruling on making up for missed fasting after the second half of Sha`ban (the month before Ramadhaan)?

One is obliged to make up for missed fasting before the start of next Ramadhaan, and regardless of offering it during the first, or the second half of Shab`an. This is because the prohibition mentioned in the Hadith is for offering absolute voluntary fasting in the second half of Sha`ban. And Allah Knows Best.

I missed fasting 30 days of the obligatory fast within the last 6 years and 20 days. How do I fast? And what should I do? 

Missed fasting days must be made up, and it is permissible to make them up on non-consecutive days, as continuity is not required for making up missed fasts. Additionally, expiation (Fidya) must be given: feeding one needy person for each day if the makeup is delayed for one year. If the delay extends to two years, Fidya must be given to two needy people per day, and so on. And Allah Knows Best.