Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(124): “The Penalty Clause in Debts“

Date Added : 27-10-2015

 

Resolution No.(124),(11/2008): “The Penalty Clause in Debts“

Date:29/11/1429 AH, corresponding to 27/11/2008 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.

During its seventh session held on the above given date, the Iftaa` Board reviewed the penalty clause stated in some of the contracts that it had reviewed.

After thorough study and deliberation, the Board decided the following:

Giving the creditor the power to receive pecuniary charge and to claim it in case the debtor failed to repay him is called the penalty clause. This provision is invalid and renders the contract invalid, because it is from the Riba (usury/interest) of Jahilliyaah (the days and traditions of ignorance), and it is forbidden as stated in the Holy Quran. Whereas, Allah Says (what means): “but God hath permitted trade and forbidden usury.” (Al-Baqarah/275).

Receiving a pecuniary charge from the debtor in case of delay in payment is tantamount to stipulating it upon the conclusion of the contract. This is because it is the kind of Riba that the Arabs used to have at that time. They used to tell a debtor, “You either settle the debt, or add an interest.” {Kindly refer to Tafseer At-Tabari vol.3, pp.275}.

The penalty clause is an increase on the original value of the debt against delay in repayment. This increase is forbidden and invalid, whether it was stipulated in the contract such as the penalty clause, or was stipulated upon the deadline of the repayment.

Therefore, the penalty clause pertaining to debt settlement is parallel to acknowledging Riba upon concluding the contract, and this is forbidden in Islamic Sharia. And Allah Knows Best.

 

Chairman of the Iftaa` Board, the Grand Mufti of Jordan/ Dr. Nooh Al-Qodat

Vice Chairman of  the Iftaa` Board, Dr. Ahmad Hilayel/ Member

Sheikh Abdul-Kareem Al-Khsawneh/Member

Dr. Sa`eid Hijjawi/  Member

                   Dr. Mohammad Khair Al-Essa/ Member

                                                              Judge Sari Attieh/ Member

          Dr. Abdurahman Ibdaah/ Member

       Dr. Mohammad Oklah/ Member

               Dr. Abdunnasser Abulbasal/ Member

                                            Dr. Mohammad Al-Khalayleh/ Executive Secretary of the Iftaa Board        

 

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Summarized Fatawaa

What is the ruling on insulin injections?

Insulin injections do not break the fast because they are administered under the skin and do not reach the body cavity (jauf).

What is the ruling on offering an Udhiyah on behalf of another with their permission?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible for a person to offer a sacrifice (Udhiyah) on behalf of someone else with their permission, even if the person performing it has not offered a sacrifice for themselves. It is stated in Sharh Manhaj al-Tullab (Vol.5/P.261) by Zakariya al-Ansari: "No one may offer a sacrifice on behalf of another without their permission... as opposed to when permission has been granted." And Allah the Almighty knows best.

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."

 

 

What is the ruling on someone who insults or deceives others while fasting?

Insulting or deceiving others is forbidden (haram) and diminishes the reward of fasting.
The Prophet ﷺ warned against deception, saying: "Whoever deceives is not one of us." [Narrated by Al-Tirmidhi]
However, their fast remains valid despite the sin.