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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Date Added : 11-01-2023

 

Resolution No. (319), By The Board of Iftaa', Researches and Islamic Studies:

"Ruling on Combining Wakalah for a Fee and a Loan in one Contract"

Date: (21 Jumada al-Ula, 1444 AH), corresponding to (15/12/2022 AD).

 

Praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

In its fifteenth meeting held on the above date, the Board of Iftaa` reviewed the referendum No.(190959) sent to the electronic website of the Iftaa` Department. It stated what follows: "A person authorized another to buy him a car that is worth 10,000 JDs in return for getting paid 100 JDs. However, the authorized will be paid a total of 10100 JDs after one year. In this case, there are two contracts in one. A contract of Wakalah (Agency agreement) for a fee and a loan contract. The question that arises here is that does the loan bring a benefit since the Wakalah fee (Ju`l) is considered a benefit resulting from the loan tied to it?

After deliberations. The Board arrived at the following decision:

This transaction is made up of two contracts: Wakalah for a fee and a loan contract. Simply, the principal/client authorizes the agent to buy him a car from his {Agent} own money in return for receiving a fee and functioning as an agent. 

The general rule is that it isn`t allowed for an agent to purchase, from his own money, a commodity for the principal/client since, according to the Shafi school of thought, he (Agent) is purchasing that commodity for himself. An-Nawawi said: "It isn`t allowed for an agent to buy, from his own money, a commodity for the principal/client and if he (Agent) does then he is buying that commodity for himself." {Rawdat At-Talibeen, Vol.4: 326}.

If the agent used his own money or borrowed money to buy a commodity for the principal/client, then it isn`t permissible to stipulate a contract of leasing (Ijarah) in a sale contract (Bay`). This is since the Messenger of Allah said: "The proviso of a loan combined with a sale is not allowable…." {Transmitted by Tirmithi}. This form of transaction involves the confusedness of usury. I.e. the fee collected by the agent lending the money to the principal/client is an excuse for the increase on the original amount of the loan. The Shafie scholar Al-Mawardi said: "In this sense, it isn`t permissible to purchase and lend. This is like when a person says to another: "I will buy this slave of yours for a hundred provided that you lend me that sum. Both the condition and the loan are invalid based on what we have mentioned earlier. In addition, Ijarah isn`t permissible with the condition of loaning." {Al-Hawi Al-Kabeer, Vol.5: pp.352}. It is stated in the Maliki book {Mawahib Al-Jaleel Fi Mokhtasar Khaleel, Vol.4/pp.314}: "The proviso of a loan combined with a sale is not allowable.."

In conclusion, it isn`t allowable to combine Wakalah for a fee and a loan in one contract. The solution out of this is that the agent buys the car from his own money, then sells it to the principal/client in the form of Murabah contract of sale. And Allah The Almighty Knows Best.

 

Grand Mufti of Jordan, Sheikh Abdulkareem Al-Khasawneh

Dr. Mohammad Al-Khalayleh/ Member

Prof. Mahmoud Al-Sartawi/ Member

Sheikh Sa`eid Hijjawi/ Member

Prof. Amjad Rasheed/ Member

Prof. Adam Nooh Al-Qhodah/ Member

Dr. Jameel Khatatbeh/ Member

Dr. Ahmad Al-Hasanat/ Member

Dr. Mohammad Younes al-Zou`bi/ Member

 

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Summarized Fatawaa

A woman didn't fufill fasting of the month of Ramadan two years ago, due to pregnancy and breastfeeding, at the time being she is making up the missed Ramadan. What is the ruling of Sharia? And what is due on her? 

Whosoever break the fast during Ramadan or didn't fast at all due to health concerns, is obliged to make up the missed fasts whenever she could so long as making up missed Ramadan didn't extend  to the coming one, and if next one arrived without fulling fasting the missed one, the ransom is 60 grams for each missed day (Equals 60 piasters to one Dinar for each day). And Allah The Almighty Knows Best.  

I`m a married young man. I fell in love with a widow and proposed to her but her family refused because they feared that this would have an adverse impact on the future of her children. However, we entered into unregistered marriage and told my family and even my wife about it. I`m a person who fears Allah, The Almighty and want to clear myself from any liability before Him, The Exalted. What should I do?

All perfect praise be to Allah the Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
It is imperative that you proclaim this marriage to preserve rights. Therefore, you must register it in an Islamic court. A second marriage isn`t forbidden, however, if the unregistered marriage had taken place without the consent of the woman`s guardian nor the presence of two honorable witnesses, then it is considered void and your relationship with this woman is forbidden. Therefore, you must conclude a new marriage contract with the approval of her guardian and the presence of two honorable witnesses. We advise you to fear Allah and adhere to the teachings of Sharia in this regard since sinful conduct is that which turns in your heart (making you feel uncomfortable) and you dislike that it would be disclosed to other people. And Allah The Almighy Knows Best.

What is considered a woman`s Awrah (parts of the body that must be concealed during prayer) while offering prayer, and is her foot part of it?

A woman`s whole body is considered an Awrah while offering prayer except the hands and the face. Thus, her foot is an Awrah as well. And Allah Knows Best.

Does the deceased hear the supplications or recitations of those visiting his/her grave? And does making constant supplications for the deceased who didn`t adhere to performing the prescribed prayers ameliorate his/her affliction?

Praise be to Allah the Lord of the Worlds.

In principle, the dead hear the living since it has been rigorously authenticated that the Prophet (PBUH) ordered the bodies of the idolaters slain in the Battle of Badr to be buried. He then approached them and called them one by one and said: "Have you found what your Lord promised to be true for we have found what our Lord promised us to be true." Umar asked him: "O messenger of God! Why do you speak to lifeless bodies?" The Prophet (PBUH) replied: "By the One Who has sent me with the truth! You do not hear my words better than they do except that they cannot respond." [Agreed upon].

However, not all the deceased are in the same situation because Allah The Almighty Knows: "Before them is a Partition till the Day they are raised up." [Al-Mu`minun/100]. Moreover, supplication reaches the deceased. And Allah Knows Best..

 

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