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Resolutions of Iftaa' Board

Resolution No.(176): "Ruling on Murabaha Sale where the Purchaser is Authorized to Conclude the Contract, or to Collect the Commodity in Question"

Date Added : 29-10-2015

 

Resolution No.(176)(8/2012) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Murabaha Sale where the Purchaser is Authorized to Conclude the Contract, or to Collect the Commodity in Question"

Date: (8/8/1433 A.H) (28/6/2012 A.D).

 

All praise is due to Allah, peace and blessings be upon Prophet Mohammad and upon his family and companions.

The Board of Iftaa`, Research and Islamic Studies reviewed, in its fourth session held on Monday (8/8/1433 A.H)-(28/6/2012 A.D), the following question:

What is the ruling on a financial institution, which deals in Murabaha, authorizing the purchaser to purchase the commodity and possess it?

After careful study and deliberation, the Board decided what follows:

Islamic banks are in the vanguard of financial procession due to their success at times of crises and economic challenges. They have proven that the Islamic Economy is the soundest and most productive means of development and stability, and that its foundations secure the equilibrium between the benefit of the individual and the interest of the community.

In its bid to set this procession straight, and cleanse it from doubtful matters (lawful or unlawful) and trickery, the Board has decided to ban authorizing the purchaser, or his deputy from purchasing in-kind commodities and collecting them on behalf of the institution dealing in Murabaha in order to prohibit usurious borrowing  and employing trickery to legalize it. This is also because the outcome of deputizing is a factor in resembling the usurious loans, thus the transaction takes the form of cash for cash, but with an extra amount added to the original one (Usury/interest). This particularly happens when the deputizing process becomes a regular pattern adopted by Islamic Murabaha Institutions, thus we fear that these would lose  the essence of true trading which differentiates them from the usurious  banks.

The Board advises the various Islamic financial institutions to direct their employees to purchase commodities and collect them on behalf of these institutions, and to abide by the Murabaha system ratified by the Fiqh Assemblies and Islamic bodies, so as to purify the transaction from flaws and doubtful matters as well as maintain the accomplishments of Islamic banking that have been achieved recently. And Allah Knows Best.

 

Chairman of the General Iftaa` Board, His grace the Mufti General of the Hashemite Kingdom of Jordan, Sheikh Abdulkareem Al-Khasawneh

Sheikh Sa`ied Hijjawi/ Member

Prof. Abdulsalam Al-Abbadi/ Member

Prof. Mohammad Al-Khwdah/Member

Prof. Abdul N`nassir Abu-Al-bas`sal/Member

Dr.Yahia Al-Boutoosh/Member

Dr. Wasif Al-Bakhri/ Member

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Az`zoubi/ Member

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Summarized Fatawaa

What is the ruling on offering the sacrifice (uḍḥiyah) using the wealth of a minor or a legally incompetent person (safīh)?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
It is not permissible for the guardian (walī) of an orphan or a legally incompetent person (safīh) to offer the sacrifice (uḍḥiyah) on behalf of the minor or the safīh using their wealth, because the guardian is charged with exercising caution over their wealth and is prohibited from giving any of it away voluntarily, and the udḥiyah is a voluntary act of charity (tabarru'). The guardian may, however, offer the sacrifice using his own personal wealth. And Allah, the Most High, knows best.

Does the fast become invalid if water from rinsing the mouth reaches the stomach while performing ablution?

If water reaches the stomach without the fasting person exceeding normal rinsing or being excessive, their fast remains valid.
However, if they exceed the normal practice or exaggerate in rinsing, causing water to enter the stomach, their fast is invalid.
This is because excessiveness in rinsing is prohibited for a fasting person, as the Prophetﷺ said: "Exaggerate inhaling water during ablution, except when you are fasting." [Narrated by the Four Imams]
Transgression (Ta‘addi) refers to rinsing the mouth more than three times, while exaggeration (Mubalaghah) includes gargling, drawing water deep into the nasal passages, or filling the mouth with water in an unusual manner.

What is the ruling on congratulating others on the arrival of Ramadan?

Congratulating others on the arrival of Ramadan is permissible.
If someone does it to express their love for worship and the blessings of Ramadan, and congratulates their fellow Muslim, they have done something good.
The Prophet ﷺ said: "Shall I not tell you something that, if you do it, you will love one another? Spread peace (Salam) among yourselves." [Narrated by Muslim]
Giving Salam is a prayer for peace and safety.

What is the ruling on fasting only on Friday, Saturday, or Sunday?

In voluntary fasting (nafl), it is disliked (makruh) to fast only on Friday, Saturday, or Sunday.
However:
● If one fasts a day before or after Friday, then that is permissible.
● The same applies to Saturday and Sunday—fasting them along with another day removes the dislike.
● Fasting all three days (Friday, Saturday, and Sunday) together is not disliked.
If any of these days coincide with a recommended fasting day, such as Arafah or Ashura, then fasting it alone is not disliked.

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