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Resolutions of Iftaa' Board

Resolution No.(56): “Ruling on Reducing the Profits Due on the Purchaser (In Islamic Murabaha) Against His Settling of Payments Ahead of their Due Time, or Vice Versa“

Date Added : 02-11-2015

 

Resolution No.(56): “Ruling on Reducing the Profits Due on the Purchaser (In Islamic Murabaha) Against His Settling of Payments Ahead of their Due Time, or Vice Versa“

Date: 22/9/1422 AH corresponding to 7/11/2001 AD.

 

The Board recieved the following question:

What is the ruling of Islamic Sharia on reducing the profits due on the purchaser for the Orphans` Fund Development Foundation against paying them ahead of time, or increasing them in case of delay?

Answer: All success is due to Allah.

Reducing the profits due on the purchaser (in case he settled all the payments due on him before the due time of the last one) isn`t permissible because the transaction/sale had been settled and the price of the commodity became due on him; therefore, it is impermissible to reduce any percentage of the profit in return for settling all the payments before the due date of the last one.

Similarly, the Board is of the view that it is impermissible to add any percentage to the profits due on purchasers (in Murabaha) against their procrastination in settling payments as this is considered a usurious interest.

The Foundation may-in case of extreme insolvency- defer the payments due on these purchasers as it deems suitable, and without adding any percentage to the profit due on them for Allah Says in the Noble Quran {what means}: “If the debtor is in a difficulty, grant him time Till it is easy for him to repay. But if ye remit it by way of charity, that is best for you if ye only knew. “ {Al-Baqarah/280}. And Allah Knows Best.

Iftaa` Board
Chairman of the Iftaa` Board, Chief Justice, Izz Al-Deen Al-Tamimi
                   Dr. Mohammad Abu Yahia       
                    Dr. Abdulsalam Al-Abbadi         
    Dr. Yousef Gheezaan
Dr. Wasif Al-Bakhri
   Sheikh Saeid Hijjawi
        Sheikh Na`eim Mojahid

 

1) For further details in this regard, kindly refer to RES No. (61)

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Summarized Fatawaa

What is the ruling on discharging one's zakāh obligation through the provision of a specific benefit (manfa‘ah) — such as performing a surgical operation for a patient, or providing housing to a tenant, and counting the value of this service as zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is obligatory to pay zakāh from the actual asset (‘ayn al-māl) upon which zakāh is due, except in the case of zakāh on trade goods ('urūḍ at-tijārah), which is paid based on their monetary value. In all cases, zakāh must be given in the form of tamlīk (a full transfer of ownership), based on the words of Allah, the Mighty and Majestic (which mean): "Zakāh expenditures are only for the poor and for the needy, and for those employed to collect [zakāh], and for bringing hearts together [for Islam], and for freeing captives [or slaves], and for those in debt, and for the cause of Allah, and for the [stranded] traveler — an obligation [imposed] by Allah. And Allah is Knowing and Wise" [at-Tawbah/60]. The letter "lām" (لِ) in this verse — as in "lil-fuqarā'" ("for the poor") — indicates possession/ownership (lām al-milk).
It is not permissible to fulfill one's zakāh obligation by providing a benefit or service (manfa‘ah) — such as housing, education, or medical treatment — in place of the zakāh itself. This is because zakāh must be paid as wealth (māl) that is transferred into the ownership of the poor recipient, whereas such services are intangible benefits that are not, in themselves, capable of being formally transferred in ownership (ghayr qābilah lit-tamlīk). And Allah, the Exalted, knows best.

Which is better in night prayer: long standing (Qiyam) or long prostration (Sujood)?

Long standing (Qiyam) is better in prayer. However, a Muslim should also observe tranquility and composure in their prayer.

I wish to purchase an online account (a gaming account), and its ownership will be transferred to me. However, my friend will purchase it on my behalf, and I will repay him in deferred installments with an added profit margin to account for the installment sale. What is the ruling of Islamic Law on this transaction?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The ruling on selling electronic games depends on the ruling of the game itself: if the game is permissible, then selling it is likewise permissible. However, if the game contains Sharia violations that render playing it impermissible, then selling it in that case is neither valid nor permissible. Therefore, we advise the necessity of reviewing the Sharia guidelines for electronic games set forth in Fatwa No. (3369).
 
Accordingly, if the game is permissible, a person may purchase it, take legal possession of it, and subsequently sell it in deferred installments for a price higher than its purchase price. The General Iftaa' Department has permitted dealing through Murabaha, while emphasizing the necessity of observing the Sharia conditions required for this transaction; please refer to Fatwa No. (2861). And Allah Almighty knows best.

I own a pharmacy and have only merchandise. A full year (*ḥawl*) has passed and I have no cash. How do I pay the zakāh?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Zakāh must be paid immediately from the day it becomes due, and delaying it is forbidden when one is able to pay it, because it is the right of the poor, and it is forbidden to delay giving people their rights except for a valid Sharīʿah excuse. Shaykh al-Islām Imam al-Nawawī (may Allah have mercy on him) said: “In our school, zakāh must be paid out immediately. Once it becomes due and he is able to pay it, it is not permissible to delay it. If he is unable, he may delay it until he is able. If he delays it after being able, he is disobedient and becomes liable for it.” [al-Majmūʿ Sharḥ al-Muhadhdhab, Vol.5/p.333]
If cash is not available to pay the zakāh and the only option is to pay in installments, he must pay it, even if in installments, from the proceeds of the merchandise that is sold after the time the zakāh became due, by deducting a set amount from each day’s takings. And Allah Almighty knows best.

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