Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(182): "Ruling on Linking the Rent with a Changing Parameter"

Date Added : 12-11-2015

Resolution No.(182)(15/2012) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Linking the Rent with a Changing Parameter"

Date: 23/12/1433 AH, corresponding to 8/11/2012 AD.

All perfect 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.

On the above given date, the Board reviewed  linking the rent with a changing parameter.

After researching and deliberating, the Board decided what follows:

Linking rents with changing parameters is one of the modern forms employed by markets to overcome the fluctuation of prices; particularly, long term rents where prices of apartments vary and values differ in accordance with the factors affecting the market.

Therefore, the Board sees no harm in linking the rent with a specific parameter by which the contracting parties are governed when determining the amount of the rent at the beginning of long term leases, because it averts dispute and deception.

Since Muslim scholars have permitted hiring a worker in return for food and clothing, hiring a reaper in return for a fixed amount of the crop as well as selling and leasing according to the market price, or the standard price, then it is axiomatic that it is permissible to lease items (apartments, cars...etc.) against a rent which is linked with a certain financial parameter. And Allah Knows Best.

 

The Grand Mufti of Jordan / His Eminence Sheikh AbdulKareem al-Khasawneh

Prof. Hail Abdul Hafeez / Member

Prof. Abdulnasser Abulbasal / Member

Dr. Yahia al-Botoosh / Member

Sheikh Sae`id Hijjawi / Member

Dr. Wasif al-Bakhri / Member

Prof. Mohammad al-Qhodat / Member

Dr. Mohammad Al-Khalayleh / Member

Dr. Mohammad Khair Al-Esa / Member

Dr. Mohammad  al-Z`obi / Member

 

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Summarized Fatawaa

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 ruling on discharges that occur two or three days before the menstrual period, accompanied by a light blood color? Should I stop praying during this period?

Brownish, yellowish, and reddish discharges are considered part of menstruation if they occur within the menstrual period, provided that the total duration does not exceed fifteen days from the first discharge to the end of the cycle; in this case, all of it is considered menstruation.

Is it permissible to add the nutmeg to one`s food?

All Perfect Praise is due to Allah, The Lord of The Worlds

Using a little bit of the nutmeg for seasoning is permissible, but using a great deal of it is impermissible since it could lead to intoxication, and Islam has forbidden all intoxicants and stupefacients. And Allah Knows Best.

Is it incumbent on a family to provide for its old handicapped son and take care of him?

The family and relatives - e.g. brothers - of such a person are obliged to spend on him and take care of him if he didn`t have money of his own.