Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No. (287): "Permissibility of Interest-Free Loans Provided by Islamic Banks"

Date Added : 27-05-2020

Resolution No. (287)(7/2020) by the Board of Iftaa, Research and Islamic Studies:

"Permissibility of Interest-Free Loans Provided by Islamic Banks"

Date: 14/Ramadan/1441 Hijri, corresponding to 7/5/2020 AD.

 

Praise be to Allah, The Lord of the Worlds.

At its fifth meeting held on the above date, the Board reviewed the question about small and medium-sized companies support program launched by the Jordan Islamic Bank based on an agreement with the Central Bank of Jordan in a bid to address the corona pandemic (See attached copy).

After careful consideration, the Board has taken the following decision:

First: Loans which will be provided by the Jordan Islamic Bank in cooperation with the Central Bank of Jordan don`t entail any interests. Rather, they are interest-free and aim to help the financially troubled businesses pay the salaries of their staff during the corona pandemic which is sweeping the globe.

Second: The defined fees charged by the Jordan Islamic Bank  on these loans cover administrative expenses-as stipulated in the agreement-and aren`t part of the bank`s profits. In fact, many Fatwas and resolutions of international Islamic Fiqh academies indicate that it is permissible to impose administrative fees on borrowers of interest-free loans so long as they (fees) are equal to the actual cost of the administrative expenses.

 Third: Although stipulating loan insurance at the Jordan Credit Guarantee Company with (25.%) as an annual commission is a sort of commercial insurance, which is basically prohibit, it is allowed at  the time of pandemic. The evidence on this is that the agreed upon maxims of Islamic jurisprudence affirm that necessities render prohibited things permissible. Al-Juwaini added: "General need is tantamount to individual necessity at time of affliction…….If the people ignored that need until it became a necessity, all of them would perish. Thus, they have to do what needs to be done to prevent present or future harm." {Ghayath al-Umam}.

In conclusion, little flaw is forgivable at the time of pandemic to enable communities overcome crisis with minimum loss where every member is expected to do their share of solidarity and cooperation which are the highest objectives of Sharia. And Allah The Almighty Knows Best.

 

 Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Abdulkareem al-Khasawneh

Dr. Ahmad al-Hasanat, Member

Dr. Mohammad al-khalayleh

Dr. Mahmoud al-Sartawi, Member

Sheikh Sa`eid Al-Hijjawi, Member

Judge Khalid Woraikat, Member

Dr. Majed al-Darawsheh, Member

Dr. Mohammad Al-Zou`bi/ Member

Prof. Adam Nooh Al-Qhodaat/Member

Dr. Amjad Rasheed/Member

Dr. Jamil Khatatbeh/Member

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Summarized Fatawaa

I can`t afford to get married, what should I do to curb my sexual drives?

You should offer a lot of voluntary fasting, keep busy with useful and permissible acts and make supplication to Allah, The Exalted.

Is the marriage, which lacks a valid legal contract, a guardian, and a court registration, valid?

It is incumbent that a valid marriage contract be concluded in the presence of a guardian and two trustful witnesses, and it should be registered in the court to protect the rights of the wife. Actually, a valid marriage contract is what differentiates between sound marriage and fornication.

Is it permissible for a woman to uncover her face while performing Umrah (minor Hajj)?

The woman while in a state of Ihram (ritual consecration) is obligated to uncover her face and hands, but at the same time permitted to let her head-covering garment drape from her head down over her face when non-Mahram (i.e., marriageable) men pass by her. 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.