Resolutions of Iftaa' Board



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

I vowed to give a specific charity if a certain matter came to pass — what is the ruling on giving that charity before the matter is realised?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Fulfilling a vow (nadhr) is obligatory, in accordance with the word of Allah the Almighty: "And let them fulfil their vows." [Al-Ḥajj/ 29] And the saying of our master the Messenger of Allah ﷺ: "Whoever vows to obey Allah, let him obey Him; and whoever vows to disobey Him, let him not disobey Him." (Reported by al-Bukhārī.)
The Shāfiʿī scholars distinguished between a financial vow (nadhr mālī) and a bodily vow (nadhr badanī). They permitted the fulfilment of a financial vow to be brought forward — before the stipulated condition is met — but did not permit the same for a bodily vow, which may only be fulfilled after the condition has actually been realised.
Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, states: "It is permissible to bring forward the fulfilment of a financial vow before the condition stipulated in it is met — such as saying: 'If I am healed, I vow to free a slave' or 'to give such-and-such in charity' — just as it is permissible to pay zakāh in advance. This is unlike a bodily vow, such as fasting." [Asnā al-Maṭālib, vol. 4/P.246]
Imām al-Bājūrī, may Allah have mercy upon him, states: "Like expiation other than fasting, a financial vow — such as saying: 'If Allah heals my sick one, I vow to free a slave for the sake of Allah,' or 'If Allah heals my sick one, I vow to free a slave on the Friday following the recovery' — it is permissible to bring it forward before the recovery in the first case, and before the Friday following the recovery in the second case." [Ḥāshiyat al-Bājūrī ʿalā Sharḥ Ibn Qāsim, Vol.2/P.596] And Allah the Almighty knows best.

What is the ruling on ablution if vaginal discharge is expelled, and is it impure?

If these discharges exit from the external genitalia (apparent part of the vagina), they are not impure and do not invalidate ablution. If they exit from the internal part, they are impure and do invalidate ablution. If it is uncertain whether they are from the internal or external part, they are not impure and do not invalidate ablution.
 
The apparent part is what becomes visible when sitting, and what the husband's penis reaches during intercourse is considered part of the apparent. The internal part is what is beyond that. And Allah the Almighty knows best.

Is it permissible for a husband to stop his wife from visiting her family?

A husband shouldn`t stop his wife from visiting her family, and it is disliked for him to do so because such an act makes them harbor feelings of hatred against him.

What is the ruling on someone who possesses cash reaching the niṣāb (minimum threshold liable for zakah), and then uses part of it to purchase gold before the ḥawl (lunar year) is complete — must he pay zakāh on all of it [combined], or only on the remaining cash, excluding the gold?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Gold acquired for hoarding and saving is subject to zakāh once it reaches the niṣāb (minimum threshold liable for Zakah) — when combined with any cash held — and once a full ḥawl (lunar year) has elapsed over it. The starting point for calculating this ḥawl is the ḥawl of the paper currency [used to purchase it], which had already reached the niṣāb and was then used to purchase the gold.
It is stated in Mughnī al-Muḥtāj (Vol.2/p.78): "As for someone who sells silver in exchange for gold, or vice versa, zakāh remains obligatory upon it, since he builds [the calculation of] its ḥawl upon [the ḥawl established at the time of] the original transaction [i.e., when the wealth was first acquired]."
This has already been explained in detail in Fatwa No. 2670 — please refer to it.
And Allah, the Exalted, knows best.