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Resolutions of Iftaa' Board

Resolution No.(274): "Ruling on a Financial Donation Given to Orphans Fund Development Foundation"

Date Added : 01-05-2019

Resolution No.(274) (7/2019)By The Board of Iftaa', Researches anad Islamic Studies:

"Ruling on a Financial Donation Given to Orphans Fund Development Foundation"

Date: (19/Sha`ban/1440 AH), corresponding to (25/4/2019 AD).

 

Praise be to Allah the Lord of the Worlds and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

During its fourth session held on the above date, the Board reviewed the letter (MA/1/1/3250) of His Excellency Mr. Hamdan Al-Faw`eer, director of the Orphans Fund Development Foundation, which reads as follows: "Back in 1981, the Foundation`s board-through resolution No.(6/81) - approved of Mr. Ameen Saleh Mar`ee`s wish to donate 100.000 JDs to be invested by the Orphans Fund Development Foundation (OFDF). This is provided that the annual profits in addition to whatever sums are added to the original donation should be spent in favor of poor Muslim orphans, needy students, the poor and other charity channels. This should also be done under the supervision of the Foundation`s board and the direct participation of Mr. Maree (Donor) himself, and , in case he dies, his son shall take over, and so on. Could you kindly consider discussing this matter with the Board of Iftaa` to provide us with answers to the following questions: Is the above sum (100.000 JDs) a donation or an endowment? Does the donor or his heirs have the right to participate in distributing the annual profits, yielded from investing the above sum, amongst the aforementioned categories who don`t have any funds at the (OFDF)? Is it permissible to consider the above sum amongst the Foundation`s revenues and the earnings made from investing that sum part of the profits added annually to the orphans deposits by the Foundation? Do the heirs of the donor have the right to reclaim the original sum (100.000 JDs)?

After deliberating, the Board decided what follows:

The above sum (100.000 JDs) takes the rulings of an endowment although it was termed a donation. This wording indicates holding money in perpetuity and spending its profits in accordance with the conditions of the donor, as reflected in resolution No.(6/81) issued by the (OFDF). This is in addition to the Sharia maxim, which states that meaning/content prevails over form/structure.

In conclusion, the above sums should be transferred to a party in charge of regulating endowments affairs where it invests the sums in question and spends their profits as stipulated by the endower. In addition, it isn`t permissible for the heirs or any of them to reclaim these sums (100.000 and profits made out of investing it), because once a property is endowed, it becomes Allah`s, not the endower`s. And Allah The Almighty Knows Best.

 

Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem AlKhasawneh/ Member

Sheikh Sa`eid Al-Hijjawi/ Member

Dr. Muhammad Khair Al-Issa/ Member

Prof. Adam Nooh/ Member

Judge. Khaled Al-Worikat/ Member

Dr. Ahmad Al-Hasanat/ Member

Dr. Mohammad Al-Zou`bi/ Member

 

 

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Summarized Fatawaa

What is the monetary value for the expiation of an oath (Kaffarat al-Yamin)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The expiation for an oath (Kaffarat al-Yamin) consists of feeding ten (10) needy persons. This is estimated at 600 grams of rice per person. It is also permissible to pay its value in cash, which is estimated at one dinar (per person). And Allah the Exalted knows best.

Is a person rewarded for refraining from all that breaks their fast when required to do so, and is it considered a valid fast?

If a person eats or drinks thinking that Fajr has not yet arrived, but then someone informs them that Fajr had already begun, they must refrain from eating for the rest of the day and make up the fast later.
If they observe the required restraint (imsak), they will be rewarded for obeying the command because fulfilling an obligation brings reward.
However, this is not considered a valid fast in terms of rulings. For example:
● It is not disliked (makruh) for them to use a miswak after noon.
● They are not encouraged to hasten the breaking of the fast at sunset.
● Other fasting-related rulings do not apply to them.

What is the ruling of Islamic Law on wudu (ablution) when there is an adhesive substance on the hand that is difficult to remove?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The general principle is: if what is applied to the limbs of wudu' (ablution) does not form a barrier substance preventing water from reaching the skin, then the wudu' is valid despite its presence. However, if these substances prevent water from reaching the skin, the wudu' is not valid with their presence, and they must be removed so that water reaches the hair or skin without any barrier.
Shaykh al-Islam, the Imam an-Nawawi, may Allah have mercy on him, says: "If there is wax, dough, henna, or similar substances on some of his limbs [of wudu'], and this prevents water from reaching any part of the limb, then his purification (tahara) is not valid — regardless of whether the amount is much or little. But if there remains on the hand or elsewhere only the trace and color of the henna, without its substance [i.e., the physical residue itself], or the trace of a liquid oil such that the water touches the skin of the limb and flows over it, though it does not remain [as a barrier] — then his purification is valid." [Al-Majmu' , Vol.1/P.529]. And Allah, the Exalted, knows best.

How should a person who is afflicted with continued major ritual impurity (incontinence of urine, bleeding outside the monthly period) perform ablution?

Such a person should make ablution for every prayer after its due time and after removing impurities from their body and outfit, and should place a fresh diaper whenever needed so as for the impurity not to spread out. They should also perform prayer immediately even if incontinence of urine continued, and should repeat the aforementioned for every obligatory prayer, then perform optional prayer as much as they want.

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