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
