Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(25): "Ruling on the Mechanism of the Jordan Phosphate Mines Company Employees' Saving Fund"

Date Added : 07-12-2015

 

Resolution No.(25) by the Board of Iftaa`, Research and Islamic Studies: "Ruling on the Mechanism of the Jordan Phosphate Mines Company Employees' Saving Fund"

Date: 16/4/1413 AH, corresponding to 13/10/1992 AD.

We have received the following question: 
What is the ruling of Islamic Sharia on the Mechanism of the Jordan Phosphate Mines Company employees` saving fund?

Answer: All of Success is Due to Allah:
Sums that an employee takes from his salary, deductions from his pay, and equal sums paid by his company are all Halal (legal).
As regards profits, they are classified as follows: 
Profits that come from a Halal investment are Halal, such as: Company`s stocks and funds deposited in Islamic banks; whereas, those which come from a Haram (illegal) investment are Haram, such as: interests taken from non-Islamic banks and profits of companies that deal in Haram transactions.
In order for an employee to be on the safe side, he should seek the assistance of the financial officers and see what they think is most probable to be Halal money.
On the other hand, the Board is of the view that the illegal profits should be given to the poor and needy, even if they were his relatives whom he isn`t obliged to provide for and he is financially capable. This is because it isn`t permissible that he benefits from that illegal money directly or indirectly. Moreover, that money should also be spent on public projects.
The Board warns that in principle the mechanisms employed by such saving funds must comply with the rules of Sharia. And Allah Knows Best.

Chairman of the Iftaa` Board, The Grand Mufti of Jordan, Dr. Nooh Al-Qhodaat

     Sheikh Sa`eid Hijjawi

Dr. Ahmad Hilayel

Dr. Abdulsalam Al-Abbadi

     Mohammad Shewayat

   Dr. Yaseen Daradkeh

 

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Summarized Fatawaa

What is the ruling on a second congregation [being formed] in the mosque?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is disliked to deliberately seek to establish a second congregation in a mosque that is not one frequented by transient passersby — such as a neighborhood mosque with a regular, appointed imam — unless permission is granted by that imam, since doing so implies criticism and an affront to him. However, if the mosque is one frequented by transient passersby — such as mosques located in marketplaces — then a second or even third congregation is permissible there, whether or not it has a regular, appointed imam, and whether or not that imam gives his permission. This is because such mosques experience a continuous flow of people coming and going, so no implication of criticism toward the imam is perceived in the formation of multiple congregations in that setting. And Allah, the Exalted, knows best.

What is the ruling on praying seated due to severe obesity, given that I experience hardship in performing the prayer — especially when rising from the ground after sujūd to perform the next rak‘ah?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Standing, when one is able to do so, is a pillar of the prayer. However, whoever would experience severe, intolerable hardship, or fears harm to himself or to a limb due to obesity, or finds that standing causes him to lose his khushū‘ (humble focus and concentration) in prayer, then there is no objection to his praying seated on a chair or on the ground, performing rukū‘ (bowing) and sujūd (prostration) through gesture — provided that the gesture for sujūd is made lower than that for rukū‘. Whoever is able, at any point, to properly perform any one of these pillars, is obligated to perform it in full; for omitting it is a concession that applies only in cases of genuine inability. The Prophet ﷺ said: "When I command you to do something, do of it whatever you are able." (Related by al-Bukhārī). As the scholars of fiqh have established: what remains possible is not waived on account of what is difficult.
The criterion for determining genuine inability, as chosen by Imam al-Ḥaramayn al-Juwaynī (raḥimahullāh), is that the worshipper experiences hardship that causes him to lose his khushū‘.
As for voluntary (nafl) prayer, there is no objection to performing it while seated, even if one is able to stand. However, rukū‘ and sujūd must still be performed [in their proper physical form] by anyone who is able to do so. And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.
The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).
We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.

What is the ruling on objecting to the Mosque Imam regarding the joining of prayers due to rain?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is not permissible for any of the congregants to object to the Imam in the mosque, whether the objection is to demand the joining of prayers or to oppose it; for the general principle is that the Imam possesses the religious knowledge (Al-Ilm al-Shar‘i) that qualifies him to make the decision in this matter. And Allah the Exalted knows best."