Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

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

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 Zakah (obligatory charity) due on owned land?

Zakah is due on the land used as an article of merchandise and was originally bought for that end. Zakah is due on it at the end of every lunar year. Its value is estimated, and (2.5%) of the total value of all such lands owned by the questioner is given as Zakah. However, no Zakah is due on the land used for building a house, or an agricultural purpose.

Is it permissible for me to make up for my late father`s missed fasts? and should I make an intention to this end by saying: "I intend to make up for my late father`s missed fasts?

It is permissible to fast on behalf of the deceased father in order to make up for his missed fasts, and you should make the intention for offering fast from night time, but uttering the intention isn`t a condition. And Allah Knows Best.

What is the ruling of Sharia on marrying the maternal niece of one`s wife?

All perfect praise be to Allah the Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
One may not combine in marriage a woman and her paternal aunt, or a woman and her maternal aunt, as stated the Prophet (PBUH). And Allah The Almighty Knows Best.

Is photography forbidden, such as photographs of children?

All perfect praise be to Allah the Lord of the Worlds. May Allah`s peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
If there is a need for taking photographs of children or adults, then this is allowed. However, taking photographs of women shouldn`t be tolerated. Rather, they must be taken while wearing Hijab and must be kept in safe hands. And Allah The Almighty Knows Best.