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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

 

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Summarized Fatawaa

What are the Sunnahs and etiquettes related to the slaughtering of an animal?

 

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
1-Avoid terrifying the animal before it is slaughtered.
 
2-Do not slaughter the animal in front of others of its kind.
 
3-Offer water to the animal before the sacrifice.
 
4-Sharpen the knife thoroughly prior to slaughtering to ensure the cut is made as quickly and cleanly as possible. This is in accordance with the statement of our Master, the Prophet (peace and blessings be upon him): "Indeed, Allah, the Almighty and Majestic, has prescribed excellence (Ihsan) in all things. So when you kill, kill well; and when you slaughter, slaughter well. Let each of you sharpen his blade, and let him put his sacrificial animal at ease." (Narrated by Muslim)
 
Do not begin skinning the carcass until you are absolutely certain that the animal has completely passed away.
 
Slaughter cattle, sheep, and goats while they are lying down on their left side, facing the Qiblah (direction of prayer). Leave the right leg untied so the animal can move it, helping it rest more easily during its final moments. For camels, however, the preferred method (Nahr) is to slaughter them while they are standing up, with their left knee tied. And Allah the Almighty Knows Best.

Can someone who begins a voluntary fast break it?

It is preferable for someone who begins an act of worship not to break it.
Allah the Exalted has said {what means}: "and let not your [good] deeds come to nought!" [Muhammad/33].
However, if a person starts a voluntary fast (nafl) and needs to break it, they are going against what is preferable, but there is no sin upon them.

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

Who is required to give fidyah for fasting?

Fidyah—feeding one needy person for each missed fasting day—is required for:
1. Those who are permanently unable to fast, such as:
○ Elderly men and women who are too weak to fast.
○ People with chronic illnesses that have no hope of recovery.
2. Pregnant or breastfeeding women who break their fast out of fear for their child (fetus or infant).
3. A person who delays making up Ramadan fasts (qada) until the next Ramadan begins, without a valid excuse.
4. The estate of a deceased person who had missed obligatory fasts and had the ability to make them up but did not do so.

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