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Resolutions of Iftaa' Board

Resolution No.(167): "Ruling on the Uncovered Credit Card at the Islamic Bank"

Date Added : 08-10-2015

Resolution No.(167) (8/2011) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on the Uncovered Credit Card at the Islamic Bank"

Date 26/8/1432AH, corresponding to 28/7/2011AD.

 

All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
During its eleventh session held on the above given date, the Board reviewed the following question:
What is the ruling of Sharia when a client of the Islamic Bank requests issuing him a credit card in return for a charge (15-30) JDs, where he uses this card to purchase products while his balance is uncovered, so the bank debits them to his account until his salary arrives. Afterwards, the bank deducts the exact value of those products from the client`s salary. However, if he withdrew a certain cash amount from an ATM using that card-while his balance is uncovered- the bank deducts it from his salary in addition to 4% of that amount?
After prolonged deliberations, the Board decided:
Part one: The issuance charge (15-30) JDs charged by the bank on annual basis  against offering actual services to the client is permissible if it equals them. Also, if the client made a withdrawal from the bank by using this card while having a covered balance, then it is permissible for the bank to deduct a specific fee in return for that service.
Part two: Making a withdrawal through this card from ATM machine while the client`s balance is uncovered and the bank deducting it from his salary in addition to 4% from the withdrawn amount is unlawful. This is because in Sharia terms this transaction is classified as a loan and the Sharia maxim in this regard states that every loan which leads to a benefit is usurious. Consequently, every interest that results from this loan in favor of the bank is a forbidden usury. Allah, The Almighty, Says (What means): "Those who devour usury will not stand except as stand one whom the Evil one by his touch Hath driven to madness. That is because they say: "Trade is like usury," but God hath permitted trade and forbidden usury" {Al-Baqarah/275}. And Allah Knows Best.


Chairman of the Iftaa` Board, The Mufti General of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh.
Vice Head of the Iftaa` Board, Dr. Ahmad Helayel
Dr. Yahia Al-Botoosh/ Member
His Eminence, Sheikh Sa`ied Hijjawi/ Member
Judge Sari Attieh/ Member
Dr. Mohammad Khair Al-Essa/ Member
Prof. Abduln`nassir Abu Al Bass`al/ Member
Dr. Mohammad Oklah Al-Ib`brahim
Dr. Mohammad Al-Khalayleh/ Member
Dr. Mohammad Al-Gharaibeh/ Member
Dr.Abdulrahmann Ibbdah/ Member
Executive Secretary of the Iftaa` Board, Sheikh Mohammad Al-Hunaiti

 

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Summarized Fatawaa

What is the ruling on water that contains ornamental fish — does it become impure on account of their waste?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The water in a pond containing ornamental fish is pure so long as it has not been altered, for a small amount of fish waste (rawth) is pardoned and overlooked — provided it does not change the water.
It is stated in Ḥāshiyat al-Jamal ʿalā Sharḥ al-Manhaj (Vol.1/P.178): "A small amount of hair from a non-edible animal is pardoned, as is a small amount of hair from a riding animal — on account of the hardship involved in avoiding it — and likewise a small amount of fish waste is pardoned, unless it alters the water." And Allah the Almighty knows best.

Is it a condition for I‘tikaf to be performed in the mosque?

Yes, for I‘tikaf to be valid, it must be performed in a mosque. I‘tikaf is not valid if performed at home or elsewhere.

 I`m keeping a plot of land (10 Dunums) for my children. Is it liable for Zakah?

Praise be to Allah, The Lord of the Worlds.

Land that is purchased with the intention of ownership and personal benefit—meaning to retain it for use and not for trade—is not subject to zakāh, as such property is not considered from trade commodities (ʿurūḍ al-tijārah).
 
It is stated in Al-Ḥāwī al-Kabīr:
“If it is property and one intends it for trade, then zakāh is due upon it; but if he intends it for personal possession, then no zakāh is due upon it.” And Allah, the Exalted, knows best.

 

Is it correct that everything dry is pure even if it has impurity on it?

If something impure becomes dry, it remains impure and is not purified by drying. However, the impurity does not transfer by touching it if the one touching it is also dry. And Allah the Almighty knows best.

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