Resolutions of Iftaa' Board



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

Is it permissible for a woman to sit with her brothers-in-law?

It is impermissible for a woman to sit with her brothers-in-law, and it is also impermissible for a person to have a Khulwa (seclusion) with his sister-in-law.

What are the nullifiers of fasting?

1. Anything that enters the body cavity intentionally, even in small amounts, through an open passage such as the mouth, nose, ears, front, or back private parts.
2. Intentional vomiting.
3. Sexual intercourse.
4. Masturbation.
5. Menstruation and postnatal bleeding.
6. Insanity.
7. Apostasy.
8. Fainting if it lasts for the entire day.

What does "All the deeds of the son of Adam are for him, except fasting" mean?

The Prophet ﷺ said: "Allah, the Almighty, said: 'Every deed of the son of Adam is for him, except for fasting; it is for Me, and I shall reward for it." [Agreed upon]
This means:
● Every deed of the son of Adam may be affected by showing off (riyaa’), except fasting, because only Allah knows whether a person is truly fasting or not.
● The reward for all deeds is known—one good deed is multiplied tenfold—except fasting, as only Allah knows its true reward.

What is the ruling of Islamic Law on wearing energy stones?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no objection to a woman adorning herself with precious and semi-precious stones — such as ruby, carnelian, or the like — so long as these are stones that women customarily wear as adornment.
As for what are known as "energy stones," if they are used with the intention of seeking remedy and healing, then such matters are governed by experimentation and scientific study — which either establishes that they have a tangible effect or does not — and all of this operates by the permission and will of Allah, Glorified and Exalted. If studies or practical experience do establish that such stones carry a beneficial effect upon human health, then there is no objection to using them. They are, after all, part of Allah's creation, much like medicinal substances extracted from plants or derived from other created things — provided that the Muslim does not believe that the stone itself is the source of benefit or harm. It is nothing more than a means among the many means that Allah has placed in this world, and the reality of all affairs belongs to Allah alone. And Allah the Almighty knows best.