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Resolutions of Iftaa' Board

Resolution No.(209): "The Administrative Fees Charged on UJ`s Staff Provident Fund"

Date Added : 05-10-2015

Resolution No.(209)(19/2014), by The Board of Iftaa', Researches and Islamic Studies:  

"The Administrative Fees Charged on UJ`s Staff Provident Fund"

Date: 30/ Zulqidah/1435 A.H, corresponding to 25/9/2014 A.D

 

All perfect praise be to Allah. Blessings and peace be upon Prophet Mohammad and upon his family and companions.

The Board of Iftaa`, Research and Islamic Studies reviewed, in its twelfth session held on Thursday (30/ Zulqidah/1435 A.H)-(25/9/2014 A.D), the letter of His Excellency the President of Jordan University which reads as follows:

UJ`s staff provident fund committee decided, on its session No.(4/2014), to address the General Iftaa` Department so as to obtain their religious ruling on deducting (50)JDs. out of each (1000)JDs. from the sums given by the above Fund for the zero-interest loans, and it suggests that the administrative fees be within the following formula (charging (25)JDs. on each loan transaction regardless of the value, or the duration of that loan) ?

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

It is permissible to adjust the administrative fees charged on good-will loans so that they would become a fixed sum which is separated from the loan`s value, or duration, provided that this sum covers the administrative fees only, without any increase as a profit. And Allah Knows Best.

 

Head of the Iftaa` Board: The  Grand Mufti  of the Hashemite Kingdom of Jordan His Grace Sheikh Abdulkareem Al-Khassawwneh

Vice head of the Iftaa` Board: Prof. Ahmad Hilayel

Prof. Hayel Abdulhafeez/ Member

Prof. Abdulnasser Abu Al-Bassal

His Eminence Sheikh Sa`eed Hijjawi/ Member

Dr. Yahia Al-Bottoosh/Member

Prof. Mohammad Al-Qudah/Member

Dr. Mohammad Al-Khalayleh/Member

Dr. Mohammad Al-Z`oubee/Member

Dr. Wassif Al-Bakhri/Member

 

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Summarized Fatawaa

What is the ruling on the ablution of one who washes his arms from the wrist to the elbows?

In the school of Imam al-Shafi'i (may Allah have mercy on him), washing the arms (hands) is achieved by washing the arms completely, from the fingertips to the elbows. Washing only the palms at the beginning is insufficient, as washing them at the beginning is a Sunnah, but after washing the face, it becomes obligatory (fard). The person performing ablution must wash his palms along with the arms after washing the face. If he does not wash his palms, his ablution is invalid and not correct. And Allah the Almighty knows best.

Is the marriage, which lacks a valid legal contract, a guardian, and a court registration, valid?

It is incumbent that a valid marriage contract be concluded in the presence of a guardian and two trustful witnesses, and it should be registered in the court to protect the rights of the wife. Actually, a valid marriage contract is what differentiates between sound marriage and fornication.

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.

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

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