Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Date Added : 23-02-2016

 

Resolution No.(108) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on the Islamic Murabaha Employed by the Association of  Jordan Fertilizers Company Employees"

Date: 26/4/1427 AH, corresponding to 24/5/2006 AD.

 

 

Answer: All perfect praise be to Allah, The Lord of the Worlds; and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

Having reviewed the trading method employed by the above association, Aqaba branch, the Board made the following remarks:

First: Article (4) "Remarks"

Paragraph(W) states:

According to the method of dealing with the above association, merchants are divided into two kinds:

1) A recognized Merchant:

 He is the one with whom the association reaches an agreement whereby any purchase transaction, from him, is to be conducted through the association, whether directly or by the purchaser himself. By virtue of this agreement, the association is granted a discount against each invoice (a discount in favor of the company, not the purchaser). The agreement also includes settling the amounts due to the merchant in return for trading with him.

 2) An Unrecognized Merchant:

He is the one with whom the association has no trading agreement.

The Iftaa` Board believes that trading with the above recognized merchant violates the sale of Islamic Murabaha in two ways:

First: It isn`t permissible for the purchaser to conclude the contract with the merchant first hand; rather, he must conclude it with the association 

so as for it to buy him the item he wants.

Second: The sale must be conducted between the association and the purchaser with a Murabaha percentage, to be agreed upon by both parties, from the actual price it had paid for the commodity. In other words, without adding the discount percentage offered by the merchant to the association.

Second: Article (5-2), Paragraph (C).

This paragraph stated, "After that, the association`s representative goes to the merchant, owner, to inspect the commodity, then demands delivering it to the purchaser….."

The Board believes that this sale method is impermissible, because it isn`t permissible for the association to sell the commodity to the purchaser, save after it receives it through its representative, and it becomes in its possession and guarantee. After that, it should sell it to the purchaser, then hand it to him, not to demand the merchant to do that.

Third: Article (5-5), paragraph (B):

This article states: "Assignment of the car/ real estate/ as certified at the Traffic Department or the Lands` Registration Department, and registering it in the name of the purchaser………….." 

The Iftaa` Board is of the view that this form of sale isn`t permissible, because the association must possess the car/real estate, and register it, in its name, at the specialized departments (Traffic and Lands Depts.), then sell it to the purchaser, and register it in his name. This is because the Prophet (PBUH) has forbidden selling an item which isn`t in the seller`s possession.

Fourth: Article (5-5), paragraphs( C and D):

These articles stipulate registering the car/ real estate in the name of the purchaser at the above Departments, then the association delivers them to the purchaser.

As indicated above, the Board is of the view that the association is obliged to possess the car/ real estate first, through registering them in its name, at the specialized Departments, then sell them to the purchaser, and register them in his name at the aforementioned Depts. This is because the Prophet(PBUH) has forbidden selling an item which isn`t in the seller`s possession. 

Moreover, remark No.(1), paragraph (D),(5-5), which states: "The real estate is assigned to the association, which has the right to make use of it as a utility or sell it through a verbal agreement with the seller prior to officially assigning it to the purchaser." The Board believes that such an agreement can`t replace the actual possession of the real estate by the association and its registration at the specialized departments.

Fifth:  Article (5-8):

This article addresses trading in services, such as cellular telephone lines and payment of school fees. The Board believes that this kind of trading isn`t permissible, because  Islamic Murabaha pertains to products, and not services. And Allah Knows Best.

 

 

 

Chairman of the Iftaa` Board, Chief Justice, Dr. Ahmad Hilayel
Dr. Yousef Ghizan/Member
Dr. Abdulmajeed Assalaheen/Member
Sheikh Sa`ied Hijjawai/Member
Sheikh Abdulkareem Khasawneh/Member
Sheikh Na`iem Mojahid/Member
Dr. Wasif Albakhri/Member

 

 

 

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Summarized Fatawaa

Is it permissible for a husband to sell his wife`s jewelry if he was in a hard up?

A woman`s jewelry and dowry are her own property, and it is forbidden for the husband to take either without obtaining her approval. However, it is desirable for the wife to support her husband through considering her jewelry a sort of documented debt on him.

I had my menstrual period at the beginning of Ramadan for six days, then it ended and I became pure. After four days, I started noticing some blood again, which has lasted for two days now, but it is not as heavy as menstrual blood. Is this blood considered menstrual blood, and what is the ruling regarding my prayers, fasting, and reading the Quran during this period?
 

All praise is due to Allah, and peace and blessings be upon our Prophet Muhammad.
The minimum duration of menstruation is one day and one night, and its maximum is fifteen days. Any blood beyond this period is considered irregular bleeding (Istihada). Since the bleeding did not exceed fifteen days, it is considered menstrual blood within the regular cycle. Therefore, you should not pray or fast until the bleeding stops and the signs of purity appear. If the bleeding stops before fifteen days from when it first started, then all the blood you saw is considered menstrual blood, and you must make up the fasts, but not the prayers. If it exceeds fifteen days, then the first six days are menstrual blood, and the blood that follows is considered irregular bleeding. Your prayers and fasting are valid, and there is no issue with them. And Allah Knows Best."
 
*This answer was updated on [18/5/2023].

Is it permissible to offer prayer at home, or should it be offered in the mosque?

All perfect praise be to Allah, The Lord of The Worlds.                                                                                                                                                                      It isn`t preferable for the man to pray at home as praying in the mosque is twenty seven times more rewarding. Therefore, this should motivate him to offer prayers in the mosque. And Allah Knows Best.

Is it permissible for my brother, whom I had suckled, to conclude a marriage contract between his daughter and my son?

Such marriage is impermissible since one`s nephew in this situation is considered an uncle to one`s daughter; consequently, he is the brother of her father by suckling. In such cases, the people in question should go to court to prove the suckling.