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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 semi-circular structure attached to the Holy Kabah?

The semi-circular structure attached to the Holy Kabah is Hijr Al-Kabah (is a low wall originally part of the Kabah) and passing behind it is an obligation while making Tawaf because it is a part of the Holy Kabah. And Allah Knows Best.

What are the benefits of slaughtering an Aqeeqah?

All Perfect Praise be to Allah, The Lord of The Worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.                                                                                                                                                                                                                          Extending thanks to Allah for His grace, expressing happiness for having a newborn, declaring lineage, and feeding the mother to compensate for the blood that she had lost during delivery.

What is the ruling on fasting the six days of Shawwal?

Fasting the six days of Shawwal is Sunnah. The Prophet ﷺ said: "Whoever fasts Ramadan and then follows it with six days of Shawwal, it is as if they have fasted for a lifetime." [Narrated by Muslim]
This is because fasting one month of Ramadan is rewarded as fasting for ten months, and the six days are equivalent to sixty days, completing a full year of fasting.

How to perform the witr prayer in terms of connection (wasl) and separation (fasl)?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Witr prayer has several forms that vary in terms of virtue:
 
The First Form: Separating every two units (rak‘ah) with a Tashahhud and a Taslim (salutation). This is superior to connecting the units, even if it is only a single rak‘ah. This is based on the Hadith of ‘Aishah (may Allah be pleased with her): 'The Messenger of Allah ﷺ used to pray eleven units between the end of the ‘Isha prayer and dawn, performing the Taslim after every two units and performing Witr with a single unit.' (Related by al-Bukhari & Muslim).
 
The Second Form: Connecting the units with only one final Tashahhud at the very end.
 
The Third Form: Connecting with two Tashahhuds—meaning reciting the Tashahhud before the final unit without performing the Taslim, then standing to complete the final unit. This form is considered the lowest in rank so that the Witr prayer remains distinct from the obligatory Maghrib prayer, as stated in the Hadith: 'Do not make the Witr resemble the Maghrib prayer.' (Narrated by Al-Daraqutni, who stated its narrators are trustworthy).
 
It is stated in Bushra al-Karim Sharh al-Muqaddimah al-Hadramiyyah: 'It is permissible to connect [the Witr] with one Tashahhud in the final unit—which is better—or with two Tashahhuds in the last two units, as both methods are established in Sahih Muslim from the actions of the Prophet ﷺ. In the connected method, more than two Tashahhuds are prohibited. Furthermore, separating (al-Fasl) is better than connecting (al-Wasl) if the number of units is the same, because the Hadiths supporting it are more numerous and it involves more devotional actions.' And Allah the Exalted knows best."

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