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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

Is there a solution to put an end to thinking of worries during prayer?

Firstly, make ablution after the time for prayer begins and busy yourself with remembering Allah, The Exalted, before the iqaamah (start of prayer).In order to become humbly submissive during prayer, you must perform prayer in congregation. After the prayer ends, stay in your place and read the post-prayer remembrances (Adhkaar) and make supplication to Allah, The Exalted.

How is the meat of the 'aqīqah to be distributed?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
If the 'aqīqah is a recommended one (mandūbah), it is obligatory to give some portion of it in charity to the poor — even if the amount is small — with the minimum being approximately half a kilogram of meat.
The most preferable manner of distribution is to divide it into three equal portions, as with the uḍḥiyyah:
 
One third for the guardian and his household to eat from
One third to be given in charity to the poor
One third to be gifted to friends and neighbours, even if they are wealthy
 
It is furthermore more preferable to send the food to the poor already cooked, rather than inviting them to come and eat. And Allah Almighty knows best.

Which takes precedence: the 'aqīqah or the uḍḥiyyah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah is an act of worship through which a servant draws closer to Allah the Almighty in gratitude for the blessing of a newborn child. It is a confirmed Sunnah for those who are financially capable, and Allah does not burden any soul beyond what it can bear.
However, the uḍḥiyyah takes precedence, as it is a confirmed Sunnah established from the Prophet ﷺ through stronger and more numerous narrations — indeed, the Ḥanafī scholars hold it to be obligatory. Furthermore, its time is narrow and limited, expiring with the passing of the days of Eid, whereas the 'aqīqah may be delayed until one becomes financially capable of performing it.
And Allah Almighty knows best.

What is the ruling on a person in a state of major impurity (junub) or a menstruating woman (ha'id) reciting the Quran from memory?

It is not permissible for a menstruating woman, a postpartum woman, or a person in a state of major impurity to recite anything from the Quran, whether from memory, from the Quran, from a phone, or a computer. It is also not permissible for them to touch the Quran, based on what was reported from Ali bin Abi Talib that the Prophet (peace be upon him) was not prevented from anything regarding the Quran except major impurity (janabah). (Reported by al-Tirmidhi who said it is a hasan sahih hadith). Menstruation and postpartum bleeding are analogous to major impurity (janabah) as they are all major impurities (hadath akbar).
For those mentioned, it is permissible to mention Allah and supplicate even with verses from the Quran, provided they do not intend them as recitation of the Quran, but intend them as remembrance (dhikr) or supplication (du'a). And Allah the Almighty knows best.

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