Resolutions of Iftaa' Board



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machine while the client`s balance is uncovered and the bank deducting it from his salary in addition to 4% from the withdrawn amount is unlawful.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

Does sacrificing one sheep avail for the entire household?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Offering an Udhiyah (sacrificial offering) is a communal Sunnah (Sunnah Kifayah) for members of the same household, provided that their financial maintenance is undertaken by a single provider. By "communal Sunnah," we mean that when one person performs it, the religious recommendation is fulfilled on behalf of the entire household, though the spiritual reward itself belongs uniquely to the one who offered it.
 
Therefore, if any member of the household performs the sacrifice—even if it is someone who is not legally responsible for the household's expenses, such as the wife or one of the children—the recommendation is fulfilled for everyone in that home. However, the reward does not automatically extend to the other members unless the person offering the sacrifice explicitly intends to share the reward with them—similar to how performing a funeral prayer (Janazah) fulfills the communal obligation for everyone, yet the specific reward is earned by those who actually prayed.
 
Additionally, a single sacrifice is sufficient for a man who is married to more than one wife. And Allah the Almighty Knows Best.

What is the ruling on fasting for those with diabetes, heart disease, high blood pressure, kidney disease, or ulcers?

● A sick person who is completely unable to fast is exempted from fasting and must offer fidyah (feeding a needy person), as Allah Almighty says {what means}: "and [in such cases] it is incumbent upon those who can afford it to make sacrifice by feeding a needy person." [Al-Baqarah/184]. They are not required to make up for the missed fasts.
● A sick person who can fast on some days but not others should fast when able and make up the missed days after Ramadan when possible. No fidyah is required in this case.
● If fasting during the long, hot summer days is too difficult for a sick person, but they can make up the fasts during the shorter, cooler winter days, they should break their fast and make up for it when they are able, without fidyah.

Does buying meat equivalent to the weight of a slaughtered animal and distributing it avail for an udhiyah?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
That does not avail for the sacrifice (uḍḥiyyah), because the sacrifice necessarily requires slaughtering an animal from the category of anʿām (camels, cattle, and sheep/goats) within a specified time.
 
Rather, that is considered a form of charity (ṣadaqah) for which one is rewarded, but not an udhiyah. And Allah Almighty knows best.

Is it permissible for one who sacrifices on behalf of another, with the latter's permission, to eat from the sacrifice?

It is permissible for someone who sacrificed on behalf of another with their permission to eat from it with their permission, and they stand in their place (act as their representative) in distributing it.
 
It is stated in Nihayat al-Muhtaj ila Sharh al-Minhaj (Vol.8/P.141): "And he—meaning the one sacrificing on his own behalf, provided he has not apostatized—has the right to eat from a voluntary sacrifice and his sacrificial gift; rather, it is recommended. As for an obligatory sacrifice, it is forbidden for him to eat from it, whether it was designated as such initially or as a liability in his dhimmah. And excluded by what has preceded is if he sacrifices on behalf of another, or if he apostatized, then it is not permissible for him to eat from it, just as it is absolutely impermissible to feed a disbeliever from it."(The text I found indicates the impermissibility of eating) ???
 
And it is stated in Hashiyat al-Jamal ‘ala Sharh al-Manhaj (Vol.5/P.262): "If a person offers a sacrifice on behalf of a living person with their permission, does he act as their representative in distributing it—on the grounds that permission to sacrifice is permission to distribute it—or does it depend on their explicit permission? This requires consideration, but the first view is not far-fetched." And Allah the Almighty knows best.