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Resolutions of Iftaa' Board

Resolution No.(225): "Ruling on the Zakat Fund`s Delaying the Payment of the Zakat Surplus till the Coming Year"

Date Added : 28-11-2016

Resolution No.(225) by the Board of Iftaa, Research and Islamic Studies:

"Ruling on the Zakat Fund`s Delaying the Payment of the Zakat Surplus till the Coming Year"

Date: 25/Sha`ban/1437 AH, corresponding to 1/6/2016 AD.

All perfect praise be to Allah, The Lord of the Worlds, and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
During its seventh session held on the above date, the Board reviewed the question received from the Zakat Fund`s Director-General, and  reads as follows: 
The Zakat Fund pays a total of (2,500,000) as monthly allowances to (3000) poor families from the Zakat money it receives. If these revenue are equal to what the Fund pays to the poor families, then there is no harm in that; but if they aren`t, then the surplus should be delayed to the following years so as for the Fund to cover those allowances. Does this contradict Sharia?
After deliberating, the Board decided the following:
In principle, Zakat must be paid immediately because it is an acknowledged right for the beggar and the deprived. This right is due by the end of each lunar year since it is forbidden to delay giving rights to whom they belong. Al-Khateeb Ash-Shirbini said: "Zakat must be paid immediately because its recipients are in need for it." {Moghni Al-Mohtajj}. If the availability of the Zakat money for the coming year is guaranteed, Insha`Allah, it is more prudent to divide the surplus amongst the recipients by adding it to their monthly allowances or to increase the number of recipients in order to help other poor and needy people to cover their expenses without delaying the payment of Zakat money.
However, if the Zakat Fund is certain that it can`t afford the allowances of the poor for the coming year, and decided that delaying the distribution of the surplus amongst them is in their best interest, then there is no harm in doing that, because scholars have permitted the administrator of the Zakat funds to delay paying them for a necessity, as stated by Sheikh Al-Islam Zakaria Al-Ansari: "It is permissible for the administrator of the Zakat funds, who is appointed by the ruler, to delay their distribution in order to receive more funds since he isn`t obliged to give each small sum that he receives". [Asna' Al-Matalib]. And Allah Knows Best.

Chairman of the Iftaa` Board, Sheikh Abdulkareem al-Khasawneh
Vice chairman, Prof. Ahmad Hilayel
Dr. Hayel Abdulhafeez/ Member
Sheikh Sa`ied Hijjawi/ Member
Prof. Abdlnasser Abulbasal/ Member
Prof. Abdullah Al-Fawaaz/ Member
Islamic Judge Khaled Woraikat/ Member
Dr. Mohammad Khair al-Eesa/ Member
Dr. Mohammad al-Zou`bi/ Member
Dr. Mohammad Al-Khalayleh/ Member

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Summarized Fatawaa

Should the Zakah (obligatory charity) giver tell the poor recipient that this is the Zakah of his money?

No, he shouldn`t. But, the Zakah giver should make an intention in his heart that it is the Zakah of his money when paying it to the poor. And Allah Knows Best.

It was found out that a man divorced his wife for the third time in 2005, but they continued cohabiting as man and wife. However, when they realized that what they were doing was unlawful, they came the Iftaa` Department in 2009 and were told that they can`t be together. What is the position of Sharia on this couple?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Her Iddah* period starts after the third divorce. As for the continued cohabitation, it is unlawful because being ignorant about the rulings of Sharia while in Dar Al-Islam* is no valid excuse. If a baby came as the fruit of this unlawful consummation of marriage, then a judge of Sharia has the final say in this regard because lineage is a serious matter. And Allah The Almighty Knows Best.
* ʿIddah: a specified period of time that must elapse before a Muslim widow or divorcee may legitimately remarry. The Qurʾān (Sura,2/verse,228) prescribes that a menstruating woman have three monthly periods before contracting a new marriage; the required delay for a nonmenstruating woman is three lunar months.
* Dar Al-Islam: designates a territory where Muslims are free to practice their religion, though this often implies the implementation of Islamic law, whereas Dar al-Harb represents those lands ruled by non-believers

What is the best manner in distributing the meat of the Aqeeqah?

It is better to divide all of it as cooked meat amongst the poor and the needy. Dividing it into three portions is a Sunnah, but it is permissible to keep all of it provided that a portion, even a small one, is given to the poor and needy (one kilo for example).

What should a person, who delayed making up missed fasts of last Ramadan due to the continuance of the same excuse, do?

It is permissible for one, whose excuse for not making up missed fasts of last Ramadhaan has continued, to delay fasting until the excuse ceases to exist, and he is considered neither sinful, nor obligated to pay a ransom. And Allah Knows Best.

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