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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

What should the one performing the slaughter say at the time of slaughtering the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah to say the following supplication at the time of slaughtering the 'aqīqah:
"Bismillāhi wallāhu Akbar, Allāhumma laka wa ilayka, hādhihi 'aqīqatu fulān."
("In the name of Allah, and Allah is the Greatest. O Allah, this is for You and unto You — this is the 'aqīqah of [the child's name].")
This is based on what al-Bayhaqī narrated in Al-Sunan al-Kubrā (Vol.9/P.511), that the Prophet ﷺ said: "Slaughter it in his name and say: In the name of Allah, and Allah is the Greatest. O Allah, this is for You and unto You — this is the 'aqīqah of so-and-so."
And Allah Almighty knows best.

Is it permissible to read from the Mus-haf during Tarawih prayer?

Yes, it is permissible to read from the Mus-haf during Tarawih prayer, provided that excessive movements that invalidate the prayer are avoided.
However, it is preferable for the imam to be a memorizer of the Quran and to recite from memory.

What is the ruling on eating or drinking forgetfully during the day in Ramadan or during voluntary fasting?

Whoever eats or drinks forgetfully while fasting, whether in an obligatory or voluntary fast, should continue their fast, for it is Allah who has provided them with food and drink. There is no difference between obligatory and voluntary fasting in this ruling.

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

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