Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(72)“ Ruling on Charging a Percentage on Loans as an Allowance for Administrative Expenses and the Like “

Date Added : 02-11-2015

 

Resolution No.(72): “Ruling on Charging a Percentage on Loans as an Allowance for Administrative Expenses and the Like“

Date: 18/9/1424 AH corresponding to 12/11/2003 AD.

 

The Board received the following question: 

What is the ruling of Islamic Sharia on charging a percentage on loans as an allowance for administrative expenses and the like?

Answer: All success is due to Allah.

The Board is of the view that giving cash loans up to (800) JDs without a guarantee and with charging 3% as a contribution and allowance for administrative expenses isn`t permissible because this percentage is considered usury. However, it is permissible to charge a specific sum in return for administrative expenses and as a contribution, whether the loan is big or small. And Allah Knows Best.

 

Chairman of the Iftaa` Board, Chief Justice, Izzaldeen At-Tamimi

Dr. Yousef Ghyzaan

         Dr. Abdulsalam Al-Abbadi

      Dr. Wasif Abdulwahaab

  Sheikh Saeid Hijjawi

           Dr. Mohammad Abu Yahia

 

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Summarized Fatawaa

Who is "the poor" entitled to receive Zakah (obligatory charity)?

The poor is the one who has neither money nor a source of living, or has either of them, but it isn`t sufficient such as being in need for a hundred/JDs, and having an income of forty/JDs only.

Is it permissible for one who sacrifices on behalf of another, with the latter's permission, to eat from the sacrifice?

It is permissible for someone who sacrificed on behalf of another with their permission to eat from it with their permission, and they stand in their place (act as their representative) in distributing it.
 
It is stated in Nihayat al-Muhtaj ila Sharh al-Minhaj (Vol.8/P.141): "And he—meaning the one sacrificing on his own behalf, provided he has not apostatized—has the right to eat from a voluntary sacrifice and his sacrificial gift; rather, it is recommended. As for an obligatory sacrifice, it is forbidden for him to eat from it, whether it was designated as such initially or as a liability in his dhimmah. And excluded by what has preceded is if he sacrifices on behalf of another, or if he apostatized, then it is not permissible for him to eat from it, just as it is absolutely impermissible to feed a disbeliever from it."(The text I found indicates the impermissibility of eating) ???
 
And it is stated in Hashiyat al-Jamal ‘ala Sharh al-Manhaj (Vol.5/P.262): "If a person offers a sacrifice on behalf of a living person with their permission, does he act as their representative in distributing it—on the grounds that permission to sacrifice is permission to distribute it—or does it depend on their explicit permission? This requires consideration, but the first view is not far-fetched." And Allah the Almighty knows best.

What is the ruling on swearing a false oath by the Holy Quran?

Swearing a false oath by the Holy Quran dips the oath-taker in Hellfire, and one who had done so should turn to Allah in repentance, seek His forgiveness, give back rights to whom they belong, and pay the oath expiation.

What is the due amount of food in expiation for perjury?

It is feeding ten indigent persons: 600 grams (for each) of the average food of your families such as rice, and it is permissible, according to Imam Ahmad Bin Hanbal, to give that amount in money if it was more useful to them.