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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

Can a person required to give kaffarah feed it to their own family members?

The kaffarah must be given to the poor and needy who are not financially dependent on the one giving the kaffarah.
If a person feeds it to their own family members, it does not count as kaffarah, and their obligation remains unfulfilled.

Does using a gargling medicine break the fast?

If the medicine reaches the body cavity (jauf), the fast is invalidated. However, if it does not enter the body cavity, the fast remains valid.
Therefore, it is advisable to avoid using it during the day in Ramadan.

Is it permissible to give Zakah (obligatory charity) to one`s poor sister, or brother?

It is permissible for one to give the Zakah to his poor sister, or brother if providing for them isn`t due on him, and the sister doesn`t receive sufficient provision from whomever that is due on. And Allah Knows Best.

What is the Sharia basis of the Udhiyah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
The Sharia basis of the Udhiyah (sacrificial offering) is firmly established through the Quran, the Sunnah, and the Consensus (Ijma') of the Muslims:
1. Evidence from the Holy Quran
Allah the Exalted says {what means}: "And the camels and cattle We have appointed for you as among the symbols of Allah; for you therein is good." [Al-Hajj/36]. He also says {what means}: "So pray to your Lord and sacrifice [to Him alone]" [Al-Kawthar/2]. According to the most well-known scholarly interpretations of this verse, "prayer" refers to the Eid prayer, and "sacrifice" refers to the slaughtering of the Udhiyah.
2. Evidence from the Sunnah
Al-Bara' bin 'Azib (may Allah be pleased with him) narrated that the Prophet ﷺ said: "The first thing we start with on this day of ours is to pray, then we return and sacrifice. Whoever does that has followed our Sunnah, and whoever slaughters before [the prayer], it is merely meat he has provided for his family; it is not part of the ritual sacrifice in any way" [Reported by Bukhari & Muslim].
Anas (may Allah be pleased with him) narrated: "The Prophet ﷺ sacrificed two white rams with horns. He slaughtered them with his own hand, mentioned the name of Allah (Tasmiyah), and said the Takbir" [Reported by Bukhari & Muslim].
3. Evidence from Scholarly Consensus (Ijma')
The Muslims have reached a unanimous consensus on the Sharia basis of the Udhiyah, and no one among the scholars has disagreed with this. [Al-Sherbini, Mughni al-Muhtaj, Vol.6/P.122].And Allah the Exalted knows best.

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