Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(138): "Ruling of Sharia on Discount Cards"

Date Added : 27-10-2015

Resolution No.(138): "Ruling of Sharia on Discount Cards

Date: 23/4/1431 AH, corresponding to 8/4/2010 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 session held on the above given date, the Board reviewed the question concerning the ruling of Sharia on buying and using cards issued by some malls which sell them to customers against a nominal price. Whenever the customer purchases an item, points are recorded in his favor and when they reach a certain number; he receives a prize or a discount.

After thorough studying and deliberating, the Board decided the following:

There are different situations as far as these cards are concerned:

1- If they are given by the mall or the company to the customer for free in order for him to take part in prize drawing or to receive some discounts, then they are permissible. This way, they are tantamount to a promise, to cut down prices or grant prizes, made to the customer. A promise to grant a benefit is permissible provided that the mall or company doesn`t employ this as a trick to increase the prices of the products.

2- If they are paid for by the customer against an amount which is greater than the cost of processing and issuing them, or they are processed against paying an annual subscription, then this type of cards is definitely forbidden because it involves gambling. This way, the mall makes a profit out of selling them; whereas, the customer enters a gambling process, where he may win the discounts and the prizes, or nothing; because he didn`t have the needed number of points to be qualified for receiving  the benefits of these cards, or because he didn`t purchase from that particular mall. The probability that relies on chance is the forbidden gambling and called Gharar (risk and uncertainty) that Islamic Sharia has forbidden in commutative contracts.

3- If the cards are bought by the customer against a certain amount, which is only intended to cover the cost of processing and issuing them, without the mall making any profit, then this is suspicious and requires further examination. To be on the safe side, a Muslim should avoid such suspicious matters.

The above is the view adopted by the Islamic Fiqh Assembly of the Muslim World League No. (103)(2/18) and it reads: 

First: It isn`t permissible to issue or purchase the aforementioned discount cards against a fixed price or an annual subscription, because they involve Gharar; the purchaser pays money and doesn`t know what he will get in return i.e. definite loss against potential benefit. It was narrated that Abu Hurairah said: "The Messenger of Allah forbade Gharar transaction and Hasah transactions." {Sahih Muslim}.

Second: If these cards are issued for free, then their issuance and acceptance are permissible, because they are tantamount to a donation or a grant. And Allah Knows Best.

 

Chairperson of the Iftaa` Board, Grand Mufti of Jordan, Dr. Abdulkareem al-Khasawneh

Vice Chairman of the Iftaa` Board, 

                                                            Dr. Ahmad Hilayel

                                                            Dr. Yahia al-Botoosh/ Member

                                                            Sheikh Sa`eid Hijjawi/ Member

                                                            Dr. Mohammad Khair al-Eesa/ Member

                                                            Judge Sari Atieh/ Member

     Dr. Abdurahamn Ibbdah/ Member

Dr. Mohammad Okla/ Member

        Dr. Abdunnasir Abulbasal/ Member

              Dr. Mohammad Al-Khalayleh/ Member

               Dr. Mohammad al-Gharaibeh/ Member

                                      Dr. Ahmad Al-Hasanat/ Executive Secretary of the Iftaa Board

 

 

 

 

 

 

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Summarized Fatawaa

What is the Islamic ruling on breaking the bones of the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah not to break the bones of the 'aqīqah. Rather, each bone should be separated at its joint — as a good omen and expression of hope for the soundness and wholeness of the newborn's limbs. However, if one does break the bones, it is not considered disliked (makrūh) — it is simply regarded as contrary to what is preferable (khilāf al-awlā). And Allah Almighty knows best.

What is the ruling on a mother giving the Zakat of her wealth to her children?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for a mother to give her children from the Zakat if they are among those who are eligible for it—such as being poor (Fuqara), possessing no wealth, and not being sufficiently provided for by the maintenance (Nafaqah) of others. This is based on the statement of the Messenger of Allah ﷺ regarding Zaynab, the wife of 'Abdullah ibn Mas'ud (may Allah be pleased with them both): (Your husband and your children are the most deserving of those upon whom you spend in charity) [Narrated by Al-Bukhari].
 
It is stated in [Al-Hawi al-Kabir, Vol. 8/P.537]: 'As for the wife, it is permissible for her to pay her Zakat to her husband from all the designated shares... Our evidence is the generality of the saying of Allah the Almighty: "Zakat expenditures are only for the poor and for the needy", and the Hadith of Abu Hurairah that the Prophet ﷺ said to Zaynab, the wife of 'Abdullah ibn Mas'ud: (Your husband and your children are the most deserving of those upon whom you spend), and this is taken in its general sense.' And Allah the Exalted knows best.

What is the ruling of Islamic Law on performing ṭawāf on the upper floors of al-Masjid al-Ḥarām, given that these floors are situated above the level of the Ka‘bah, and that the one performing ṭawāf passes by certain barriers, such as pillars and walls, during the ṭawāf?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
There are numerous conditions for the validity of ṭawāf (circumambulation around the Ka‘bah), among them: that the one performing ṭawāf be inside the Masjid (al-Masjid al-Ḥarām) — even if the Masjid has been expanded, so long as the expansion does not extend out into al-ḥill (land outside the sanctuary boundaries). It suffices for the ṭawāf to be performed in the airspace of the Masjid or upon its roof, even if that roof is higher than the Ka‘bah (the House) itself.
Al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "It [ṭawāf] is valid upon the roof of the Masjid, even if the roof of the Masjid is higher than the House — just as prayer [is valid] upon Mount Abū Qubays despite its elevation above the House. This is the relied-upon (mu‘tamad) position." [Mughnī al-Muḥtāj, Vol.2/P.246]
The validity of the tawaf isn`t affected by the pillars and walls standing between the one performing ṭawāf and the House, since the condition is only that the person performing ṭawāf be within the boundaries of the Masjid and outside the boundaries of the Ka‘bah itself.
Ash-Shirbīnī said: "It [ṭawāf] is valid inside the Masjid, even if it is expanded, and even if a barrier stands between the one circumambulating and the House — such as a water-supply structure (saqāyah) or pillars (sawārī)." [Mughnī al-Muḥtāj, Vol. 2/P.246]
Accordingly, ṭawāf performed on the upper floors is valid, and the presence of barriers such as pillars and walls during the ṭawāf does not affect its validity. And Allah, the Exalted, knows best.

What is the ruling on reciting the takbīr from Sūrat aḍ-Ḍuḥā to Sūrat an-Nās upon completing the recitation of the Qur'an (khatm)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is recommended to recite the takbīr from the beginning of Sūrat aḍ-Ḍuḥā through to the end of Sūrat an-Nās, and this is the recitation practice of the people of Makkah.
It is stated in Nihāyat az-Zayn (p. 65): "It is sunnah to begin each sūrah with the basmalah, since it constitutes a verse of it. It is also sunnah to say, before each sūrah — from aḍ-Ḍuḥā to the end of the Qur'an — 'Lā ilāha illallāh, wallāhu akbar' (There is no god but Allah, and Allah is the Greatest), based on what has been narrated regarding Imam ash-Shāfi‘ī (raḍiyallāhu ‘anh), who heard a man reciting this takbīr in prayer, and said to him: 'You have done well, and you have hit upon the sunnah.'"
And Allah, the Exalted, knows best.