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machine while the client`s balance is uncovered and the bank deducting it from his salary in addition to 4% from the withdrawn amount is unlawful.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

What is the ruling on bypassing a nearby mosque for a distant one?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If a distant mosque has a larger congregation (Jama‘ah) while the congregation in the nearby mosque is smaller, and the congregation in the nearby mosque is not adversely affected by the worshiper's absence, then it is better for him to pray in the distant mosque with the larger congregation. However, if the congregation in the nearby mosque would be affected by his absence—such as if he is its Imam, or if his presence encourages others to attend—then praying in the nearby mosque is better. This ensures that the congregation is established in two different locations within the community. This is based on the saying of the Prophet ﷺ: 'A man's prayer offered with another man is purer than his prayer which he offers alone, and his prayer with two men is purer than his prayer with one and if they are more (in number), it is more beloved to Allah, the Mighty the Majestic' (Narrated by Ahmad, Abu Dawood, and An-Nasa'i). And Allah the Exalted knows best.

What is the ruling of Islamic Law on selling gold or silver in installments or for a differed price?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is prohibited (haram) to sell gold or silver in installments or for a deferred price; rather, immediate hand-to-hand exchange (Taqabud) is mandatory, otherwise, it is considered usury (Riba). The Messenger of Allah ﷺ said: 'Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt—like for like, hand to hand. Whoever increases or asks for an increase has engaged in Riba; the receiver and the giver are the same in this regard.' (Narrated by Muslim). Furthermore, when exchanging new gold for used gold, they must be of equal weight, or it falls into Riba.
 
The permissible solution (al-makhraj) is for the merchant to purchase the used gold for cash first, and then sell the new gold for cash in a separate transaction. However, the price must be paid during the sitting of the contract (Majlis al-Aqd) for both deals. Alternatively, the jeweler may take the used gold with the intent of remodeling or repairing it, and then charge a fee for the craftsmanship or repair work. And Allah the Exalted knows best."

 
What is the ruling on someone who eats or drinks while uncertain about the arrival of dawn, then later finds out that dawn had not yet broken?

If a person does this, their fast remains valid, as it is confirmed that they ate during the night. Similarly, if someone eats while uncertain and remains unsure whether they ate before or after dawn, their fast is still valid. This is based on the maxim of Sharia Law, which states: "Certainty is not removed by doubt." Certainty, here, is the presence of night, and the doubt concerns the arrival of dawn. Therefore, one relies on certainty and disregards doubt.

What are the signs of Laylat al-Qadr?

It is said that among its signs are:
● A sense of peace and tranquility during the night.
● The sun rises on the following morning white and without strong rays.
However, one should not be preoccupied with searching for its signs at the expense of worship. Allah has hidden its exact date so that we strive in worship throughout multiple nights, ensuring that we attain its great reward.