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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

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

How are those killed in wars punished with the torment of the grave if they are not buried?

The torment of the grave refers to the suffering that the deceased experiences between the day of their death and the Day of Resurrection, which is called the Barzakh period. Similarly, it includes the blessings of the grave, whether the deceased is buried or not. And Allah The Almighty Knows Best

Someone asked me to pay off his debt on his behalf as a loan, without any compensation. When I went to the creditor, he told me that if I paid the full amount at once, rather than in installments, he would give me a certain discount. Is this permissible? And if he applies the discount, to whom does the deducted amount belong?

If part of the debt is paid and the creditor forgives the remaining amount, the waiver is valid, and the remaining debt is no longer the responsibility of the original debtor. The person who paid the debt on behalf of another has no right to claim any portion of the original debt. And Allah Knows Best.

I want to buy a house by having a loan from a bank?

If taking a loan from usrious banks it is impermissible; on the other hand, if this took place through Islamic ones then it is permissible to get the loan, since Allah the Most Exalted Said (What means): "And Allah has made buying lawful and forbidden usury (riba)." And Allah 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.

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