Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No. (319): "Ruling on Combining Wakalah for a Fee and a Loan in one Contract"

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

 

Decision Number [ Previous | Next ]


Summarized Fatawaa

Must a woman seek her husband's permission to fast a make up fast (qada)?

● If there is ample time to make up for the missed fasts, a woman should seek her husband's permission before fasting.
● However, if the time is running out—such as when only the remaining days of Sha'ban are sufficient to complete the qada—she does not need his permission and must fast, because Allah’s command takes precedence over the husband's consent.

Is Zakah (obligatory charity) due on articles of merchandise even if they were stacked in the merchant`s stores for years?

Yes, Zakah is due on goods even if they were stacked in merchant`s stores for years, in this manner Islam struggle against monopoly.

What is the meaning of the Udhiyah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Udhiyah (Sacrificial Offering) refers to the livestock (An'am) that is slaughtered as an act of drawing closer to Allah the Almighty. This takes place on the day of Eid al-Adha (the 10th of Dhu al-Hijjah) and during the three days of Tashreeq that follow the day of Eid. And Allah the Exalted knows best.

If the bleeding ceases after 40 days following childbirth, but then returns intermittently during two days of fasting, what is the ruling?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Whenever the post-natal bleeding (Nifas) ceases and the woman is certain it will not return, she has become pure; therefore, she must perform the ritual bath (Ghusl) and resume praying and fasting. However, if the blood returns within fifteen days of its cessation and before sixty days have passed since the delivery, the ruling of Nifas applies once again. Consequently, any fasting or prayer performed during that interval of purity is rendered invalid; she must make up for the missed fasts of those days, but she is not required to make up for the prayers. And Allah the Exalted knows best.