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Resolutions of Iftaa' Board

Resolution No.(44): “Ruling on the Proposed Amendments of Mutual Insurance for those Engaging in Murabaha with the Orphans` Fund Development Found"

Date Added : 02-11-2015

 

 

Resolution No.(44): “Ruling on the Proposed Amendments of Mutual Insurance for those Engaging in Murabaha with the Orphans` Fund Development Foundation“

Date: 15/11/1420 AH corresponding to 10/2/2000 AD.

 

The Board has received the following question:

What is the Sharia ruling on the proposed amendments of mutual insurance for those engaging in Murabaha with the Orphans' Fund Development Foundation?

Answer: All success is attributed to Allah.

The Board is of the view that the above type of insurance is permissible in Sharia for in this type, a number of individuals agree upon paying a certain sum, by each, as a contribution to be saved in a private fund or account, and to be spent in case an accident occurs to any of them. Its permissibility rests on the principle of cooperation, which is acknowledged by Islamic Sharia and its general rules. Allah, The Almighty, Says (What means): “Help ye one another in righteousness and piety, but help ye not one another in sin and rancour: fear Allah. For Allah is strict in punishment.” {Al-Maidah/2}.

The idea of this insurance exists in the Aqila (male blood relatives of the killer) system, which is based on solidarity and cooperation amongst the relatives of the murderer in unintentional killing when paying the Diya (blood money) of the murdered. In addition, mutual insurance lessens the financial burden on the family members of the deceased participant (mutual insurance), so they aren`t obligated to pay on his behalf, and he is acquitted Before Allah, The Almighty. Also, mutual insurance preserves the funds of the Orphans` Fund Development Foundation and secures its right to collect the debt due on the participants in case of their death.

This resolution {permissibility of mutual insurance} agrees with the theme of the second conference of the Islamic Research Academy , held in Al-Azhar during the month of Moharram,1385AH,  the Council of the Fiqh Academy held in Makkah in 1399AH, and the opinion celebrated by many contemporary scholars. And Allah Knows Best.

 

Iftaa` Board

Chairman of the Iftaa` Board, Chief Justice, Izz Al-Deen Al-Tamimi

Dr. Mohamoud Al-Bakheet

Dr. Abdulsalam Al-Abbadi

Dr. Yousef Gheezaan

  Dr. Umar Al-Ashkhaar

  Dr. Abdulaziz Al-Khayyat

Sheikh Saeid Hijjawi

Sheikh Na`eim Mojahid

   Sheikh Mahmoud Shwayaat

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Summarized Fatawaa

I`m a cashier at a branch of the Civil Service Consumer Corporation. Sometimes, customers pay more than the due amount. Do I have the right to take that extra money knowing that I cover shortages from my own salary?

All perfect praise be to Allah the Lord of the Worlds. May Allah`s peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
If customers give that money willingly to help you with the potential loss then this is permissible. And Allah The Almighty Knows Best.

What is the ruling on making up for missed fasting after the second half of Sha`ban (the month before Ramadhaan)?

One is obliged to make up for missed fasting before the start of next Ramadhaan, and regardless of offering it during the first, or the second half of Shab`an. This is because the prohibition mentioned in the Hadith is for offering absolute voluntary fasting in the second half of Sha`ban. And Allah Knows Best.

A man donated a burial plot, but before registering it in favor of the Ministry of Awqaf and before burying anybody there he said that he didn`t want to donate it and planted it. What is the ruling of Sharia on this?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

If he had endowed it as a cemetery, then he can`t take it back, even if he didn`t register it in favor of the Ministry of Awqaf. If he said: "I have endowed this plot as a cemetery, then it becomes an endowment." However, if he didn`t endow that plot-but it was his intention to do so-then he is allowed to back down. And Allah The Almighty Knows Best.

What is the ruling on the financial leasing transaction in commercial bank?

Any transation that is involved in the unlawful is impermissible. And Allah Knows Best.

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