Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No. (30): "Ruling on Dealing with Orphans Funds in Long-Term Transactions"

Date Added : 18-03-2021

Resolution No. (30): "Ruling on Dealing with Orphans Funds in Long-Term Transactions"
Date: 7/11/1413 AH, corresponding to 9/02/1993 AD

 

What is the ruling on the criteria adopted by Orphans' Fund Development Foundation?

The Board is of the view that the criteria adopted by the aforementioned foundation is the best for the time being; as well as the Board of Iftaa' urges it to exert more effort as regards continuous development in their methods in order to reach the proper justice while distributing profits and to look for all the means to obtain the best criteria in this regard. And Allah Knows Best.

 

 

Chairman of the Iftaa` Board, Chief Justice Dr.Nooh Al-Qodaat

Deputized Grand Mufti of Jordan, Sheikh Saeid Hijjawi
Dr. Abdassalam Al-Abbadi
Dr. Ibrahim Khash-shan
Dr. Mahmood al-Sartawi
Dr. Ahmad Hilayel
Dr. Rateb Ad-Daher
Mahmood Shewayat

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Summarized Fatawaa

What is the ruling on praying in congregation at the mosque?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Congregational prayer (Salat al-Jama‘ah) is a communal obligation (Fard Kifayah) for resident men regarding the performance of the prescribed (obligatory) prayers. For men, praying in congregation at the mosque is better than praying elsewhere, such as at home. On the authority of Abdullah bin Umar, the Messenger of Allah ﷺ said: 'Prayer in congregation is twenty-seven degrees more excellent than the prayer of a person alone' (Reported by Bukhari & Muslim). Furthermore, on the authority of Abu Hurayrah, the Messenger of Allah ﷺ said: 'Shall I not tell you that by which Allah erases sins and raises ranks?' They said, 'Of course, O Messenger of Allah.' He said: 'Performing wudu thoroughly despite difficulties, taking many steps toward the mosques, and waiting for the next prayer after the prayer; that is your Ribat (steadfastness)' (Narrated by Muslim).
 
As for a woman, her praying in congregation at home is better for her than in the mosque, according to the saying of our Master the Prophet ﷺ: 'Do not prevent your women from attending the mosques, but their homes are better for them' (Narrated by Abu Dawood). Young boys should be encouraged to attend the mosques and congregational prayers so they may become accustomed to them. And Allah the Exalted knows best.

Which is better for a traveler: fasting or breaking the fast?

Fasting is better, unless it causes hardship—in that case, breaking the fast is better.

What is the ruling on offering a sheep as a sacrifice (Udhiyah) if its fat-tail is sound, except that when it was young, the tip of its fat-tail was cut so that it would grow larger? And what is the ruling in case of doubt regarding the amount that was cut?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Cutting a minor, insignificant portion from the tip of an animal's fat-tail (al-alyah) to encourage it to grow larger is not considered a defect, and it does not prevent the animal from being valid for sacrifice (Udhiyah).
 
It is stated in Tuhfat al-Muhtaj (Vol.9/P.352): "There is some scholarly deliberation regarding the common practice of cutting the tip of the fat-tail so that it grows larger. It could potentially be likened to a partial cut of the ear—supported by the jurists' general rule: 'even if it is a small amount.' On the other hand, if it is an exceptionally minor cut, it might have no effect on validity. This is explicitly clarified by the juristic exception to the general rule, which states that cutting a tiny piece from a large limb causes no harm. This latter view is more well-founded.
 
Furthermore, I found that some scholars investigated this matter and concluded: 'It should not affect validity if a custom-sanctioned portion of its fat-tail is removed during its youth to make it grow larger and look better, just as castrating a male animal causes no harm.' However, applying this unconditionally contradicts the established texts of the jurists, as understood from what I have laid out; thus, the restriction I specified is what must be relied upon."
 
Similarly, it is mentioned in Nihayat al-Muhtaj (8/135): "If a small piece is cut from the fat-tail to help it grow larger, the most well-founded view is that the sacrifice remains valid, as was given in a formal legal verdict (Fatwa) by my father [Shihab al-Din al-Ramli], may Allah be pleased with him. This is proven by the jurists' maxim: 'The loss of a tiny piece from a large limb causes no harm.'"
 
In cases where there is doubt as to whether the portion cut was large or small, the animal is still deemed valid for sacrifice. It is noted in Hashiyat al-Shubramallisi ‘ala Nihayat al-Muhtaj (Vol.8/P.135):
 
"This matter requires careful consideration, but the closer and more correct view is that it is valid. This is because soundness is the default state for the animal from which the piece was cut, and it aligns with what usually occurs—namely, that the part removed to help the fat-tail grow larger is naturally very small." And Allah the Almighty Knows Best.

Is it permissible to divide one mudd of fidyah between two people?

No, it is not permissible to divide one mudd between two people, because it would not count as a full meal for either of them.