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machine while the client`s balance is uncovered and the bank deducting it from his salary in addition to 4% from the withdrawn amount is unlawful.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

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."

Can an Udhiyah be made up if its time is missed?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If the sacrificial animal (udhiyah) is a voluntary (nafl) offering and its prescribed time is missed after the three days of Tashriq have ended, then it is not to be made up as a sacrifice; rather, it becomes merely a sheep for meat.
 
However, if it was a vowed (nadhr) sacrifice and its time is missed, then it must still be slaughtered, and the slaughtered animal is to be treated as it would have been during its prescribed lawful time. And Allah Almighty knows best.

What is the ruling on congratulating others on the arrival of Ramadan?

Congratulating others on the arrival of Ramadan is permissible.
If someone does it to express their love for worship and the blessings of Ramadan, and congratulates their fellow Muslim, they have done something good.
The Prophet ﷺ said: "Shall I not tell you something that, if you do it, you will love one another? Spread peace (Salam) among yourselves." [Narrated by Muslim]
Giving Salam is a prayer for peace and safety.

What is the ruling on performing Tahajjud after the Witr?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for one who has prayed the Witr to perform voluntary (Nafl) prayers after it. However, it is preferable for the Witr to be the final prayer of the night. Therefore, if a person is confident that they will wake up during the night for Tahajjud, it is recommended for them to delay the Witr until after the Tahajjud. Conversely, if one fears they may not wake up, they should perform the Witr before sleeping.
 
Al-Khatib al-Shirbini (may Allah have mercy on him) stated: 'It is not disliked (Makruh) to perform Tahajjud after the Witr, but it is not recommended to do so intentionally.' [Mughni al-Muhtaj, Vol. 1/P.454]. And Allah the Exalted knows best."