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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

What is the ruling on looking at pictures of naked women via the internet?

All perfect 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.
It is impermissible to look at pictures of naked women via the internet, and this act is forbidden according to Sharia. The proof of this is that Almighty Allah Says (What means): "Say to the believing men that they should lower their gaze and guard their modesty: that will make for greater purity for them: And God is well acquainted with all that they do." [An-Nur/30]. Therefore, we advise you to busy yourself with offering acts of obedience that draw you closer to Allah and prepare yourself for meeting Him on The Day of Judgment. And Allah The Almighty Knows Best.

Is it permissible for a woman in her waiting period (Iddah) after her husband's death to leave her house and mix with non-Mahrams?

It is not permissible for a woman in her waiting period (Iddah) after the death of her husband to leave her house except for a necessity, such as for medical treatment, nor is she allowed to mix with non-Mahrams. A woman is not permitted to mix with anyone other than her husband or Mahrams, whether she is in her waiting period or not. However, there is no harm in accepting condolences from those who visit and responding to their inquiries about her well-being. And Allah Knows Best.

Is it permissible for a religious young Muslim woman to love a young man for Allah`s sakes?

Such love between the two sexes is from the devil`s evil suggestions, and a pure Muslim woman should beware of such a matter, and she shouldn`t mix with non-Mahrams (Marriageable ).

What is the ruling on loudly sending prayers on the Prophet (PBUH ) after the call for prayer Athaan?

All perfect praise be to Allah, The Lord of The Worlds                                                                                                                                                            Sending prayers on the Prophet after Athaan is a Sunnah for the Mou`zen (caller for prayer ) and the hearer. However, there is no harm in doing it loudly after the end of Athaan, but sometimes, it shouldn`t so that people wouldn`t think that it is an integral part of the Athaan. And Allah Knows Best.

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