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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 is the ruling on offering the sacrifice (uḍḥiyah) using the wealth of a minor or a legally incompetent person (safīh)?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
It is not permissible for the guardian (walī) of an orphan or a legally incompetent person (safīh) to offer the sacrifice (uḍḥiyah) on behalf of the minor or the safīh using their wealth, because the guardian is charged with exercising caution over their wealth and is prohibited from giving any of it away voluntarily, and the udḥiyah is a voluntary act of charity (tabarru'). The guardian may, however, offer the sacrifice using his own personal wealth. And Allah, the Most High, knows best.

What is the ruling on kidney dialysis while fasting in Ramadan?

Kidney dialysis breaks the fast because the dialysis fluid is nutritive, as confirmed by medical experts. Additionally, it involves the entry of substances into the body cavity (jauf).
A patient undergoing dialysis must make up for that day after Ramadan. If they are unable to do so, they must pay fidyah by feeding one needy person for each day they missed.

Is a woman's prayer performed while following an Imam whose prayer is being broadcasted via the television valid, and does she receive the reward of congregational prayer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Among the conditions for the validity of following an Imam (Iqtida’) is that the Imam and the follower must be in the same location. Therefore, the prayer of one who follows an Imam whose prayer is being broadcasted via television from a distant location is not valid. However, if the follower is with the Imam in the same mosque, the prayer is valid. And Allah the Exalted knows best.

Is it permissible to include others in the reward of one`s sacrifice?

 

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for the person offering an Udhiyah (sacrificial offering) to include others in the spiritual reward of the sacrifice. However, it is not permissible for multiple people to jointly share the purchase price of a single sheep or goat, unless one person gifts the money to the other.
 
It is stated in Mughni al-Muhtaj (6/137) by Al-Khatib al-Shirbini:
 
"If a person includes someone else in the reward of his sacrifice and slaughters it on his own behalf, it is permissible."
 
It should be carefully noted that including someone else in the reward of one's sacrifice is completely distinct from offering a sacrifice on behalf of someone else. And Allah the Almighty Knows Best.

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