Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Date Added : 28-10-2015

 

Resolution No.(73): “Deducting a Percentage from Vouchers' Value Given to Drivers for Collecting them on their Behalf“

Date: 17/2/1425 AH corresponding to 7/4/2004 AD.

 

The Board received the following question:

What is the ruling when (Aqaba Voucher Encashment Agencies for Freight Drivers) collect the sums of vouchers given to freight drivers from the (Jordan United Transport) with deducting (5%) against the effort they exert in doing that?
Answer: All success is due to Allah.
The Board is of the view that it is impermissible for the above agencies to take a percentage of the collected sums (in accordance with the manner stated above) because this transaction is parallel to usurious loaning and bill discounting. However, it is permissible for the above agencies to charge a fixed sum, not related to any percentage from the amounts due to owners or drivers of trucks, against collecting these amounts on their behalf, whether these amounts are big or small since both entail the same effort. Moreover, it is permissible for these agencies to pay the owners and drivers of these trucks the amounts due to them as a good will loan, to be collected later. 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                

     Sheikh Nai`em Mujahid       

                                                                Sheikh Abdulkareem Al-Khasawneh                                                                      

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Summarized Fatawaa

I have concluded my marriage contract at a Sharia court; however, one day I was talking to my fiancée over the phone and she got on my nerves leading me to utter one divorce. This is knowing that I can`t tell my her father because he is very strict and will not accept that at all. What is the best course of action that I should pursue in this situation?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
When divorce takes place before the consummation of marriage it is called Ba`in divorce* (Minor irrevocable divoce), so your wife is considered unlawful to you until you conduct a new marriage contract and pay Mahr* , and you should visit the Iftaa` Department in order to know the correct Fatwa. And Allah The Almighty Knows Best.

* Minor irrevocable divorce Talaq Al-Ba'in Binona Soghra: It is a divorce where the husband cannot take his ex-wife back unless with her consent, conducting a new marriage contract and paying new bridal wealth Mahr.

* In Islam, a Mahr is the obligation, in the form of money or possessions paid by the groom, to the bride at the time of Islamic marriage. While the Mahr is often money, it can also be anything agreed upon by the bride such as jewelry, home goods, furniture, a dwelling or some land.

I took a car from the Orphans' Fund Development Institution; is there usury (Riba) involved in this transaction?

If the Sharia's conditions were met, then there is no harm in this. And Allah The Exalted Knows Best.

Is prayer mandatory on a dying person who goes through a state of unconsciousness, then wakes up?

If he wakes up and was conscious, then he should pray the way/manner he could, but if he wasn't, then he is exempted from obligatory prayer as Allah Says in this regard (What means): "On no soul doth God Place a burden greater than it can bear." [Al-Baqarah/286].

Is it permissible for the wife to give the Zakah (obligatory charity) of her money to her poor husband?

Yes, it is permissible for the wife to give from the Zakah of her money to her poor husband. And Allah Knows Best.