Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(37): “Ruling on Murabaha Transactions with a Lower Percentage than that Certified by the Orphans` Fund Development Foundation“

Date Added : 02-11-2015

 

Resolution No.(37): “Ruling on Murabaha Transactions with a Lower Percentage than that Certified by the Orphans` Fund Development Foundation“

Date: 29/2/1417 corresponding to 15/7/1996 AD.

 

The Board has received the following question:

What is the ruling of Sharia as regards the request of the above Foundation`s employees, who demand approving a percentage of Murabaha which is lower than that certified by the Foundation in its Murabaha contracts?

Answer:

All success is due to Allah.

The Board has decided the following:

In principle, the most beneficial for an orphan as regards his property should be sought. The law has granted the ”Orphans` Fund Development Foundation” the right of custody and management of orphans` property in a manner that fulfills their best interest. However, since it is impermissible for a guardian to donate an orphan`s property because it does him/her much harm, and since the highlighted issue is clarifying the Sharia ruling on a lower percentage of Murabaha, which isn`t beneficial to the orphans , and  contradicts what the Quran mentioned in this regard: “ but consume it not wastefully “ {An-Nissa`/6}; therefore, carrying out Murabaha transactions with the employees of the above Foundation for a percentage lower than the certified one isn`t in the best interest of the orphans, and so such an act is impermissible in Sharia for Allah Says in this regard (What means): “They ask thee concerning orphans. Say: "The best thing to do is what is for their good. “ {Al-Baqarah/220}. He also Says (What means): “And come not nigh to the orphan’s property, except to improve it. “ {Al-An`naam/152}. And Allah Knows Best.

 

Chairperson of the Iftaa` Board, Chief Justice Izzaddeen Al-Tamimi

Acting Mufti General, Sheikh Saeid Hijjawi

Mufti General of Jordanian Armed Forces: Mhamood Shwayat

           Dr. Abdassalam Al-Abbadi

  Dr. Umar Al-Ashkaar

          Dr. Mahmoud Al-Bakheet

         Dr. Mahmood Al-Sartawi

          Dr. AbdulAziz Al-Khaiyaa

Dr. Fathi Ad-Draini

     Dr. Abdulfataah Umar

                Sheikh Ibrahim Khash-shaan

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Summarized Fatawaa

A person who has recently embraced Islam is afraid of undergoing circumcision (khitān) — what should he do?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If this person would be harmed by undergoing circumcision, based on the assessment of a trustworthy physician, then he is not obligated to undergo it. However, if the matter is simply a fear of the procedure itself, then it may be postponed until he feels at ease and settled about it, provided this does not lead him to become averse to Islam — while still taking care to remove any impurity from the concealed area [beneath the foreskin]. And Allah, the Exalted, knows best.

In the Sharia-compliant viewing  at a prospective bride (*al-naẓrah al-sharʿiyyah*), is it permissible for the man to see the woman without a veil (*ḥijāb*)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is sunnah for the suitor to see the woman he is seeking to marry within the limits the Sharīʿah permits, namely looking at the face and the hands (palms and backs), based on the saying of the Prophet (peace and blessings be upon him): “Look at her, for it is more likely to bring about harmony between you.” Narrated by al-Tirmidhī.
The suitor may also ask one of the women to look at the woman he is seeking to marry. In that case, she is permitted to see of her what she is normally permitted to see, which is not limited to the face and hands, and she then describes these matters to the suitor. It is narrated on the authority of Anas (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) sent Umm Sulaym to look at a girl, and said: “Smell her breath, and look at her heels.” Narrated by Aḥmad in his Musnad.
It is stated in Tuḥfat al-Muḥtāj (Vol.7/p.192): “For one who cannot easily look, or does not wish to look himself, it is sunnah to send someone who is permitted to look at her, to observe her and describe her to him, even regarding what he himself is not permitted to look at. He thereby gains through the sending what he would not gain through looking. Because of the added need for this, it is excepted from the prohibition of a woman describing another woman to a man.”
The permissibility of looking is conditional upon his resolve to marry her once he is able to, his predominant assumption that his proposal will be accepted, and his assumption that the woman is free of marriage and of a waiting period (ʿiddah). Otherwise, looking is forbidden.
Accordingly, it is not permissible for the suitor to look at anything other than the face and hands. He may ask one of his maḥram women, such as his mother or sister, to see the woman unveiled, and the Sharia-compliant viewing (of a prospective bride) must take place in the presence of one of the woman’s maḥrams. And Allah Almighty knows best.

What are the pillars of fasting?

The pillars of fasting are intention and abstaining from all nullifiers of fasting from dawn to sunset.

Is it permissible to make ablution without answering the call of nature after waking up?

Washing front and back openings (Istinjaa`) is not a condition for the validity of ablution because it is done to remove Najaasah (impurity), thus if there is no Najaasah, there is no need for that, and then it is permissible to make ablution without answering the call of nature. However, prayer is invalidated if there is Najaasah on the anus ,or the front opening, so it (Najaasah) must be removed for the prayer to become valid, and not the ablution.