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Resolutions of Iftaa' Board

Resolution No. (171): "Ruling on Organized Tawaroq Sale Carried out by some Islamic Banks"

Date Added : 27-10-2015

Resolution No. (171) (3/2012) by the Board of Iftaa`, Research and Islamic Studies: "Ruling on Organized Tawaroq Sale Carried out by some Islamic Banks"
Date:  29/4/1433 AH, corresponding to 22/3/2012 AD.

 

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.

On the above given date the Board reviewed the following question

What is the ruling of Sharia on organized Tawaroq sale carried out by some Islamic banks?

In modern terms, in this type of sale the purchaser of a commodity in installments may re-sell it in cash amounts less than the purchase amount. The commodity can also be sold either by the purchaser`s deputy, or the financer.

Organized Tawaroq sale carried out by some Islamic banks is a form of evading usury (Riba), because the real purpose behind it is collecting a sum of money against an increase, where the bank carries out sham purchase of certain commodities, then sells them to the purchaser in installments. Afterwards, the bank re-sells them to a third party against a cash amount which is less than the first amount, then gives that cash amount to the purchaser in installments, but the bank obliges the latter to pay off the first amount.

In terms of Islamic Sharia, this is considered a usurious loan, even though it seems a form of Tawaroq sale from the outside.

The Messenger of Allah (PBUH) said: "The deeds are considered by the intentions, and a person will get the reward according to his intention. So whoever emigrated for Allah and His Messenger, his emigration will be for Allah and His Messenger; and whoever emigrated for worldly benefits or for a woman to marry, his emigration would be for what he emigrated for." [Agreed upon].

Therefore, it is a prohibited a contract, because it is a form of evading prohibited usury. Omar Bin Abdulaziz used to say about Tawaroq: "It is the brother of usury (Riba)." This is based on the following saying of the Prophet (PBUH): "Don`t you imitate the Jews who made the unlawful lawful by resorting to the meanest of tricks." [Ibtaal Al-Heyal/pp.47].

On its part, the Board is of the view that organized Tawaroq carried out by some Islamic banks is forbidden. This is confirmed by resolution no. (179) (5/19) of the International Islamic Fiqh Academy/2009.

The Board, advises Islamic banks and institutions to adhere to the Sharia approved forms of investment and financing, and to avoid suspicious tricks, in compliance with the legal rules that realize the objectives of Sharia. And Allah Knows Best.

 

 

Chairman of the Iftaa` Board 
The Grand Mufti of The Hashemite Kingdom of Jordan :His Eminence , Abdull-Kareem Al-Khasawneh
Vice Chairman of the Iftaa` Board:  His Eminence Dr. Ahmad Hilayel
Dr.Yahia Al-Botosh/member
His Eminence :Sheikh Sa`id Al-Hijawi/member
Dr. Mohammad Khair Al-Essa/member
Dr. Wasif Al-Bakkri /member
Dr. Mohammad Al-Qhodat/Member
Dr.Mohammad Al-khalayleh/member
Prof. Abdulnasir Abulbasal/member
Dr.Mohammad Al-Zo`bi/member

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Summarized Fatawaa

What is the ruling on a young man and a young woman having a love relation for the purpose of getting married?

It is forbidden for a man and a woman to have any kind of relation whether for marriage, or not because it leads to committing sin. Such relations include: private meetings, mixing, gazing, and seclusion (Khulwa). Accordingly, one who is sincere in his intentions should go to the woman`s guardian and ask for her hand in marriage.

What is the ruling on undoing braids of hair during the ritual bath?

It is not a condition to undo braids if the water reaches all the hair and penetrates to its base. If the water does not reach except by undoing the braids, then it is obligatory to undo them for the water to reach. And Allah the Almighty knows best.

What is the ruling on someone who curses the religion or commits an act of disbelief during the day in Ramadan?

Whoever apostatizes (leaves Islam) while fasting, their fast is invalid. Cursing the religion is an act of apostasy (may Allah protect us from it). Such a person must return to Islam by pronouncing the Shahadah (testimony of faith), seek Allah’s forgiveness, refrain from eating and drinking for the rest of the day, and make up for that day’s fast later.

What is the ruling on doubting whether one or two prostrations were performed?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If a worshiper is in doubt regarding the number of units (rak'ahs) or prostrations (sajdahs) performed, he must build upon the minimum (i.e., assume the lower number) and perform the prostration of forgetfulness (Sujud al-Sahw) before the Salam at the end of the prayer. This is based on the report from ‘Ata’ ibn Yasar that the Messenger of Allah ﷺ said: 'When anyone of you is in doubt about his Salat (prayer) and does not know how many he has prayed, three or four (Rak'at) he should cast aside his doubt and base his prayer on what he is sure of. Then, he should perform two prostrations before Taslim (salutation). If he has prayed five Rak'at, they will make his Salat (prayer) an even number for him and if he has prayed exactly four, they (i.e. two prostrations) will be humiliation for the devil..' (Narrated by Abu Dawud).
 
It is stated in Al-Muqaddimah al-Hadramiyyah: 'If one doubts [whether he performed] a bowing (ruku’), a prostration, or a rak'ah, he must perform it and prostrate [for forgetfulness], even if the doubt is removed before the Salam—unless the doubt is removed before he performs what would potentially be an addition. Thus, if he doubts whether he prayed three or four, he is obligated to build upon the minimum.' And Allah the Exalted knows best.

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