A charitable fund among the members of a tribe involving financial obligations
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Praise be to Allah alone, and blessings and peace be upon the one after whom there is no prophet. After that: The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the Grand Mufti from the honorable judge of the Al-'Ara'in court: Ali ibn Abdullah al-Shumrani, and referred to the Committee by the General Secretariat of the Council of Senior Scholars with number (40) and date 2/1/1423 AH. The following was included in his letter: Referring to your letter addressed to us with number (8716 2) dated 13/11/1422 AH, which included copies of the fatwas issued by the Permanent Committee for Scholarly Research and Ifta regarding charitable boxes and the ruling on mandatory financial agreements among tribe members, through which the following matters became clear: 1- That zakah is not obligatory on these funds collected in those charitable boxes if they do not return to their owners in the event of failure
of the project, for example. 2- That it is not permissible to compel anyone to pay a monthly or annual amount to the association, but rather it is on a voluntary basis. 3- Likewise, it is not permissible to boycott those who did not pay the amount, and this is an injustice by those who boycott. 4- That if the agreements include financial obligations and non-Shari'ah penalties that must be adhered to, then one must stay away from them because they cause hatred, enmity, and division within the tribe. However, when that was presented to some of them, they requested that we refer the matter to you again to clarify the issue they informed us about regarding the meaning of staying away from them; because they include financial obligations and fines for the late participant, for example. The issue, as clarified by what they informed us, is in two matters: First: If the agreement includes mandatory clauses, does that mean canceling the agreement entirely, or canceling only the clauses that include that? And if the cancellation is total, what is to be done with the money in the box? Can it be returned to its owners or not? Since no prior agreement was made on this. Second: If the cancellation is only for these clauses that include fines and financial obligations, without the other clauses, then at that time it is not possible to control
The participants, but rather the fund will have defects and lack of discipline and firmness, according to their statement. It is known that no one will participate in this agreement except after their consent and choice of all that it contains, and they sign it. Therefore, the matter was referred to your Eminence again to provide them with a clear response so that they may be fully aware of their situation. May Allah guide you and assist you.
The Permanent Committee for Scholarly Research and Ifta has studied the two matters mentioned by the judge at the end of his letter and answered the first matter by stating that what must be canceled from the agreement in question are the clauses that impose obligations on participants in the charitable fund and impose fines on them in case of late payment; because a charitable agreement does not compel anyone, and no one is punished for being late in fulfilling it. And it answered the second matter by stating that it is necessary to return the amounts that were taken from their owners against their will, unless they are pleased with them. As for the disturbance in the fund's accounts resulting from this, it can be handled by accounting specialists.
of the project, for example. 2- That it is not permissible to compel anyone to pay a monthly or annual amount to the association, but rather it is on a voluntary basis. 3- Likewise, it is not permissible to boycott those who did not pay the amount, and this is an injustice by those who boycott. 4- That if the agreements include financial obligations and non-Shari'ah penalties that must be adhered to, then one must stay away from them because they cause hatred, enmity, and division within the tribe. However, when that was presented to some of them, they requested that we refer the matter to you again to clarify the issue they informed us about regarding the meaning of staying away from them; because they include financial obligations and fines for the late participant, for example. The issue, as clarified by what they informed us, is in two matters: First: If the agreement includes mandatory clauses, does that mean canceling the agreement entirely, or canceling only the clauses that include that? And if the cancellation is total, what is to be done with the money in the box? Can it be returned to its owners or not? Since no prior agreement was made on this. Second: If the cancellation is only for these clauses that include fines and financial obligations, without the other clauses, then at that time it is not possible to control
The participants, but rather the fund will have defects and lack of discipline and firmness, according to their statement. It is known that no one will participate in this agreement except after their consent and choice of all that it contains, and they sign it. Therefore, the matter was referred to your Eminence again to provide them with a clear response so that they may be fully aware of their situation. May Allah guide you and assist you.
The Permanent Committee for Scholarly Research and Ifta has studied the two matters mentioned by the judge at the end of his letter and answered the first matter by stating that what must be canceled from the agreement in question are the clauses that impose obligations on participants in the charitable fund and impose fines on them in case of late payment; because a charitable agreement does not compel anyone, and no one is punished for being late in fulfilling it. And it answered the second matter by stating that it is necessary to return the amounts that were taken from their owners against their will, unless they are pleased with them. As for the disturbance in the fund's accounts resulting from this, it can be handled by accounting specialists.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.