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Resolutions of Iftaa' Board

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

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

I vowed to give a specific charity if a certain matter came to pass — what is the ruling on giving that charity before the matter is realised?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Fulfilling a vow (nadhr) is obligatory, in accordance with the word of Allah the Almighty: "And let them fulfil their vows." [Al-Ḥajj/ 29] And the saying of our master the Messenger of Allah ﷺ: "Whoever vows to obey Allah, let him obey Him; and whoever vows to disobey Him, let him not disobey Him." (Reported by al-Bukhārī.)
The Shāfiʿī scholars distinguished between a financial vow (nadhr mālī) and a bodily vow (nadhr badanī). They permitted the fulfilment of a financial vow to be brought forward — before the stipulated condition is met — but did not permit the same for a bodily vow, which may only be fulfilled after the condition has actually been realised.
Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, states: "It is permissible to bring forward the fulfilment of a financial vow before the condition stipulated in it is met — such as saying: 'If I am healed, I vow to free a slave' or 'to give such-and-such in charity' — just as it is permissible to pay zakāh in advance. This is unlike a bodily vow, such as fasting." [Asnā al-Maṭālib, vol. 4/P.246]
Imām al-Bājūrī, may Allah have mercy upon him, states: "Like expiation other than fasting, a financial vow — such as saying: 'If Allah heals my sick one, I vow to free a slave for the sake of Allah,' or 'If Allah heals my sick one, I vow to free a slave on the Friday following the recovery' — it is permissible to bring it forward before the recovery in the first case, and before the Friday following the recovery in the second case." [Ḥāshiyat al-Bājūrī ʿalā Sharḥ Ibn Qāsim, Vol.2/P.596] And Allah the Almighty knows best.

When does the time of Isha' prayer end?

All perfect praise be to Allah,The Lord of The Worlds                                                                                                                                                                        It ends at the emergence of true Fajr (Fajr Al-Sadiq ), and when the second Athaan of Fajr starts.And Allah Knows Best.

What is the ruling on giving Zakah (obligatory charity) to one`s relatives?

It is impermissible to pay Zakah to one`s origins (parents and grandparents) because providing for them is an obligation on their branches (sons and daughters) if they were poor, but it is permissible to give some of the Zakah money to relatives whose provision isn`t due on the giver of the Zakah.

Does undergoing an endoscopy during the day in Ramadan affect the validity of fasting?

Undergoing an endoscopic procedure during the day in Ramadan—whether through the mouth, nose, front private part, or back private part—invalidates the fast.
Whoever undergoes such a procedure must refrain from eating and drinking for the rest of the day out of respect for the sacred month and make up for that day after Ramadan.

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