Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Date Added : 02-11-2015

 

Resolution No.(58): “Which Party is Responsible for Settling the Usurious Interests In the Following Financial Dispute?“

Date: 9/11/1422 AH corresponding to 23/1/2002 AD.

 

The Board received the following question:

A citizen had obtained a license for a taxicab agency, so he asked me to buy him a certain brand of cars from a neighboring country because I have an automobile agency. We have agreed upon paying me half of the price in advance, I pay the other half, I process the cars through customs, licensing Dept. and register them in the name of his taxicab agency i.e. his name, and then he pays me the other half afterwards.

After I have delivered my end of the deal and mortgaged the cars to the Jordan-Kuwait Bank, he backed down and didn`t pay the second half due on him, rather, he requested allocating that sum, so I was forced to withdraw my investment account at the Jordan-Islamic Bank, which led my accounts in other banks to be in the red. As a result, the Jordan-Kuwait Bank started charging interests and I was forced to make a new arrangement with the debtor whereby he shall pay the second half of the sum divided over twelve bills in addition to paying an increase over the commission agreed upon earlier. However, before paying the last three bills, I remitted the debtor from half of the agreed upon increase. My question is of three parts:

1- Who is to pay off the interests of the Jordan-Kuwait Bank?

2- Is it permissible for me to calculate the profits that were lost because of withdrawing my investment account at the Jordan-Islamic Bank?

3- What is the Sharia ruling on the increase, which we have agreed upon in return for allocating the second half of the sum due on the debtor?

Answer: All success is due to Allah.

1- The increase agreed upon with the owner of the taxicab agency against (debtor) his delay in payment is unlawful and it is impermissible for the creditor to take it because it is a forbidden interest. Allah Says in this regard {what means}: “but God hath permitted trade and forbidden usury.” {Al-Baqarah/275}.

2- In case the owner of the automobile agency took the aforementioned interest, he should give it back to the owner of the taxicab agency. If that wasn`t possible, then he should give it as charity or spend it in charitable causes and in favor of Muslims` public interest because it is ill-gotten money.

3- The interests charged on the owner of the automobile agency due to the overdrawing of his account are to be settled by him because they are forbidden and resulted from his dealing with a non-Islamic bank. In addition, it is imperative that he avoids dealing in usurious interests, seeks forgiveness of Allah and makes genuine repentance to Him. Allah Says {what means}: “O ye who believe! Fear God, and give up what remains of your demand for usury, if ye are indeed believers. If ye do it not, Take notice of war from God and His Apostle: But if ye turn back, ye shall have your capital sums: Deal not unjustly, and ye shall not be dealt with unjustly.” {Al-Baqarah/278}. And Allah Knows Best.

 

Iftaa` Board

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

               Dr. Mohammad Abu Yahia     

                                                                    Dr. Ahmad Hilayil

                Dr. Abdulsalam Al-Abbadi       

               Sheikh Mahmoud Shwayyaat

    Dr. Yousef Gheezaan

Dr. Wasif Al-Bakhri

   Sheikh Saeid Hijjawi

      Sheikh Naeim Mujahid

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Summarized Fatawaa

What is the best charity to offer on behalf of the deceased? Is it giving food, reciting Quran, giving money or supplicating? What is the best charity to offer on behalf of dead father and dead husband? What is the best continuous charity to offer on behalf of the deceased?

Praise be to Allah the Lord of the Worlds. The deceased benefits from every righteous deed offered on his/her behalf, be that continuous charity, reciting Quran or a pious son praying for him/her. However, the best righteous deed is performing Haj and Omrah on their behalf especially if he/she hadn`t performed that ritual for it remains a debt on them. The evidence on this is that Ibn 'Abbas (Allah be pleased with them) reported: A man came to the Messenger of Allah (PBUH) and said: "Messenger of Allah, my mother has died (in a state) that she had to observe fasts of a month (of Ramadan). Should I complete (them) on her behalf? Thereupon he (the Holy Prophet) said: Would you not pay the debt if your mother had died (without paying it)? He said: Yes. He (the Holy Prophet) said: The debt of Allah deserves more that it should be paid."{Related by Muslim}. And Allah the Almighty knows best.

Is a wife considered sinful if she asked for divorce because her husband married another woman?

A second marriage is lawful, and so it is impermissible for you to ask for divorce because of that. If you are certain that you won`t be able to deliver Allah`s rights and those of your husband`s , then it is permissible for you to ask for Khul`a (Divorce on the demand of the wife). However, you should exercise patience since after difficulties, there is easiness by the will of Allah.

What is the ruling on a person who broke the fast a day in Ramadan due to hardship?

He/she is obliged to make up that day.

What should a woman who delayed making up for missed fast, due to menstruation, till the start of the next Ramadan?

Whosoever broke fasting in Ramadan, and was able to make up for it, but didn`t until the next Ramadan started, is obliged to make up for the missed days, and to pay the ransom as well. However, if he/she wasn`t able to before next Ramadhaan due to an excuse, then he/she should only make up for the missed days. And Allah Knows Best.