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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

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

Is it permissible to openly announce the engagement of a woman who is in her waiting period (iddah)?

It is not permissible to openly announce the engagement of a woman in her waiting period (Iddah), but it is permissible to hint (imply) at it if she is in her waiting period after the death of her husband. And Allah Knows Best.

Is buying shares from the Arab Bank permissible?

Buying and selling shares owned by usrious companies is impermissble. And Allah Knows Best.

I want to buy a house by having a loan from a bank?

If taking a loan from usrious banks it is impermissible; on the other hand, if this took place through Islamic ones then it is permissible to get the loan, since Allah the Most Exalted Said (What means): "And Allah has made buying lawful and forbidden usury (riba)." And Allah Knows Best.

 

 

 

I suffer from absentmindedness and constant worries during prayer, what should I do?

You should take refuge in Allah from the whispers of the devil and life worries. You should also seek Allah`s help and offer a lot of Istigfar (seeking the forgiveness of Allah). And Allah Knows Best.

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