Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(73): “Ruling on Deducting a Percentage from the Value of Vouchers Given to Drivers Against Collecting them on their Behalf“

Date Added : 28-10-2015

 

Resolution No.(73): “Deducting a Percentage from Vouchers' Value Given to Drivers for Collecting them on their Behalf“

Date: 17/2/1425 AH corresponding to 7/4/2004 AD.

 

The Board received the following question:

What is the ruling when (Aqaba Voucher Encashment Agencies for Freight Drivers) collect the sums of vouchers given to freight drivers from the (Jordan United Transport) with deducting (5%) against the effort they exert in doing that?
Answer: All success is due to Allah.
The Board is of the view that it is impermissible for the above agencies to take a percentage of the collected sums (in accordance with the manner stated above) because this transaction is parallel to usurious loaning and bill discounting. However, it is permissible for the above agencies to charge a fixed sum, not related to any percentage from the amounts due to owners or drivers of trucks, against collecting these amounts on their behalf, whether these amounts are big or small since both entail the same effort. Moreover, it is permissible for these agencies to pay the owners and drivers of these trucks the amounts due to them as a good will loan, to be collected later. And Allah Knows Best. 

Chairman of the Iftaa` Board, Chief Justice,

Izzaldeen At-Tamimi

Dr. Yousef Ghyzaan

       Dr. Abdulsalam Al-Abbadi         

Dr. Wasif Abdulwahaab     

  Sheikh Saeid Hijjawi 

                 Dr. Mohammad Abu Yahia                

     Sheikh Nai`em Mujahid       

                                                                Sheikh Abdulkareem Al-Khasawneh                                                                      

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Summarized Fatawaa

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

Is it permissible for women to gather in one of their homes to pray Tarawih?

Yes, it is recommended (mustahabb) for women to pray Tarawih in congregation if they gather, even if it is not in the mosque.
In fact, praying at home is better for them, as it avoids the potential concerns associated with going to the mosque.

How is night prayer offered?

Night prayer is offering voluntary prayer after Maghrib and before Fajr (Dawn). As for Tahajjud, it is offering voluntary prayer at night after waking up voluntarily, and for Allah`s sake as He Says (What means): "And pray in the small watches of the morning: (it would be) an additional prayer (or spiritual profit) for thee: soon will thy Lord raise thee to a Station of Praise and Glory!" [Al-Isra`/79]. Offering Tahajjud is better than offering voluntary prayer before going to bed.

What is the ruling on fasting the six days of Shawwal?

Fasting the six days of Shawwal is Sunnah. The Prophet ﷺ said: "Whoever fasts Ramadan and then follows it with six days of Shawwal, it is as if they have fasted for a lifetime." [Narrated by Muslim]
This is because fasting one month of Ramadan is rewarded as fasting for ten months, and the six days are equivalent to sixty days, completing a full year of fasting.