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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 ruling of Islamic Law on a person who abandons prayer after reaching puberty—is he required to make them up?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Making up missed obligatory prayers is an Islamic duty just as performing them in their proper time is obligatory, and taking care of them takes precedence over performing voluntary prayers. This is established by the practice of our Supreme Prophet (peace and blessings be upon him) when the polytheists distracted him on the Day of the Trench from performing the Asr prayer, so he made it up afterward, as well as the Hadith: "Pay Allah what is due to Him, for Allah is most deserving of fulfillment." (Recorded by Al-Bukhari)
 
Furthermore, it is valid to make up missed prayers at any time.
 
Whoever has missed a number of prayers and does not know their exact count, it is obligatory upon them to sincerely repent and exert their utmost effort to estimate their number. If they are unable to determine the exact count, they should base it on what is most probable according to their best judgment. They should then make them up gradually; if one performs one missed prayer alongside every current obligatory prayer, the matter becomes easy and manageable, and with the passage of time, one will complete what is owed, Allah willing. And Allah Almighty knows best.

A group of about thirty young men will go to a farm on Friday. Is it permissible for one of us to deliver the sermon (*khuṭbah*) and lead us in the Friday prayer, or is it necessary to go to the nearest mosque?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The Friday prayer (Jumuʿah) is not obligatory upon a traveler, whether his journey is long or short, if he leaves his place of residence before the time of Fajr begins, according to the Shāfiʿī school. If, however, he sets out on his journey after the Fajr adhān, then he is obliged to perform the Friday prayer, whether in his own town or in any town where the Friday prayer is held.
It is stated in Bushrā al-Karīm (Vol.1/p.383), one of the books of the Shāfiʿī school: “[The Friday prayer] is not obligatory upon a traveler on a permissible journey, whether long or short, if he departs from his place of residence before dawn.” End quote.
Accordingly, if you set out on your journey after Fajr, you are obliged to perform the Friday prayer in the mosque. The same applies if you set out after that, since you would not have fulfilled the conditions for the validity of the Friday prayer, among them: that it be attended by forty men who are free, adult (bāligh), sane, and settled residents of the place where Friday is held. It must be held within a cluster of connected buildings, whether a city, a village, or a district (liwāʾ), for what counts is the gathering of the buildings. And Allah Almighty knows best.

What is the ruling on a woman who learns of her divorce or her husband's death after her *ʿiddah* has ended? And does the *ʿiddah* of a woman who abandoned mourning (*iḥdād*) for the whole period of the *ʿiddah*, or part of it, still end, even though she knew that abandoning it is forbidden?**

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The waiting period of a widow who is not pregnant is four months and ten days, based on the saying of Allah Almighty (which means): “And those of you who die and leave wives behind, they shall wait concerning themselves for four months and ten days” [al-Baqarah/234]. If she is pregnant, her ʿiddah ends with the delivery of her child. The ʿiddah is calculated by lunar months and begins from the date of death.
If her ʿiddah ends before she learns of her husband’s death, or of his divorcing her, she does not observe the ʿiddah upon learning of it, because her ʿiddah has already ended.
It is stated in al-Bayān fī Madhhab al-Imām al-Shāfiʿī (Vol.11/p.41), one of the books of the Shāfiʿī school: “If a man divorces his wife, or dies while he is absent from her, her ʿiddah is from the time of the divorce or from the time of death. If she does not know of the divorce or the death until her ʿiddah period has ended, then her ʿiddah has ended. If she learns of it before the end of the ʿiddah period, she completes her ʿiddah counting from the time of the divorce or death.”
As for a woman who abandoned mourning throughout the ʿiddah while knowing that it is forbidden, she is sinful, although her ʿiddah has nonetheless ended. And Allah Almighty knows best.

Is it permissible for a woman to ride a taxi without a Mahram (unmarriageable kin) in order to attend a gathering of knowledge?

It is permissible for the woman to pursue the knowledge that she needs in order to perform the religious requirements due on her if there was nobody to teach her at home, provided that there is no temptation involved. Moreover, we don`t recommend that she rides a taxi without a Mahram although such an act isn`t from the forbidden Khulwah (seclusion).

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