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Resolutions of Iftaa' Board

Resolution No.(37): “Ruling on Murabaha Transactions with a Lower Percentage than that Certified by the Orphans` Fund Development Foundation“

Date Added : 02-11-2015

 

Resolution No.(37): “Ruling on Murabaha Transactions with a Lower Percentage than that Certified by the Orphans` Fund Development Foundation“

Date: 29/2/1417 corresponding to 15/7/1996 AD.

 

The Board has received the following question:

What is the ruling of Sharia as regards the request of the above Foundation`s employees, who demand approving a percentage of Murabaha which is lower than that certified by the Foundation in its Murabaha contracts?

Answer:

All success is due to Allah.

The Board has decided the following:

In principle, the most beneficial for an orphan as regards his property should be sought. The law has granted the ”Orphans` Fund Development Foundation” the right of custody and management of orphans` property in a manner that fulfills their best interest. However, since it is impermissible for a guardian to donate an orphan`s property because it does him/her much harm, and since the highlighted issue is clarifying the Sharia ruling on a lower percentage of Murabaha, which isn`t beneficial to the orphans , and  contradicts what the Quran mentioned in this regard: “ but consume it not wastefully “ {An-Nissa`/6}; therefore, carrying out Murabaha transactions with the employees of the above Foundation for a percentage lower than the certified one isn`t in the best interest of the orphans, and so such an act is impermissible in Sharia for Allah Says in this regard (What means): “They ask thee concerning orphans. Say: "The best thing to do is what is for their good. “ {Al-Baqarah/220}. He also Says (What means): “And come not nigh to the orphan’s property, except to improve it. “ {Al-An`naam/152}. And Allah Knows Best.

 

Chairperson of the Iftaa` Board, Chief Justice Izzaddeen Al-Tamimi

Acting Mufti General, Sheikh Saeid Hijjawi

Mufti General of Jordanian Armed Forces: Mhamood Shwayat

           Dr. Abdassalam Al-Abbadi

  Dr. Umar Al-Ashkaar

          Dr. Mahmoud Al-Bakheet

         Dr. Mahmood Al-Sartawi

          Dr. AbdulAziz Al-Khaiyaa

Dr. Fathi Ad-Draini

     Dr. Abdulfataah Umar

                Sheikh Ibrahim Khash-shaan

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Summarized Fatawaa

What should someone do if they fasted for only 28 days in their country and then traveled to a place where Eid has already been declared?

If a person fasts in their country and then travels to another country where Eid has been declared, they must celebrate Eid with the people of that country.
● If their total fasts add up to 29 days, nothing is required of them.
● However, if they have only fasted 28 days, they must make up one day after Eid, because an Islamic month cannot be only 28 days.

What is Aqeeqah?

It is the sheep slaughtered on the seventh day from the child`s birth, and it is a confirmed Sunnah after the Prophet (PBUH).

What is the ruling on performing the Witr prayer as a single rak`ah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to perform the Witr prayer as a single unit (rak‘ah). It was narrated from Ibn ‘Umar that a man asked the Messenger of Allah ﷺ about the night prayer, and the Messenger of Allah ﷺ replied: 'The night prayer is offered two by two (mathna mathna). If one of you fears the approach of dawn, let him pray a single rak‘ah to make what he has prayed odd-numbered (Witr) for him.' (Related by al-Bukhari & Muslim)). However, limiting the prayer to only one rak‘ah is considered 'contrary to the preferred way' (Khilaf al-Awla).
 
It is stated in Al-Minhaj al-Qawim Sharh al-Muqaddimah al-Hadramiyyah (p. 137): 'The minimum of Witr is one rak‘ah, but limiting it to that is contrary to what is best.'
 
The most complete form of Witr is eleven units, while the minimum level of 'perfection' is three units. It is stated in ‘Umdat al-Salik (p. 60): 'The minimum of Witr is one rak‘ah, and its maximum is eleven, performing the taslim (salutation) after every two units. The lowest level of perfection is three units with two separate taslims (meaning 2+1).' And Allah the Exalted knows best.

What is the ruling on sacrificing a hornless sheep?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is valid to sacrifice a hornless sheep (al-Jamma’ or al-Jalha’). Similarly, a sheep with a broken horn is also acceptable; it does not affect the validity of the sacrifice even if the break causes bleeding, unless the injury is so severe that it leads to the spoilage of the meat. And Allah the Almighty knows best.

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