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Resolutions of Iftaa' Board

Resolution No.(75): “Ruling on the System Applied by the Housing Fund of Jordan Phosphate Mines Company“

Date Added : 02-11-2015

 

Resolution No.(75): “System Applied by the Housing Fund of Jordan Phosphate Mines Company“

Date: 22/3/1425, corresponding to 12/5/2004 AD.

 

The Board received the following question:

What is the ruling of Islamic Sharia on the system applied by the housing fund of JPMC?

Answer: All success is due to Allah.

The Board is of the following view:

1- Loans granted by the above fund entail usurious interests as indicated in articles (9, 15, 16, 17, and 18) and this violates the rules of Sharia pertaining to the prohibition of usurious loans, for Allah Says in this regard: “but God hath permitted trade and forbidden usury.” {Al-Baqarah/2}.

2- Deducting (500fils) from the salary of every subscribing employee as a contribution for social solidarity is permissible according to Islamic Sharia, because it is based on cooperation which is promoted by Islam. Allah The Exalted Says in this regard {What means}: “Help ye one another in righteousness and piety, but help ye not one another in sin and rancour: fear Allah, for Allah is strict in punishment.” {Al-Mai`dah/2}.

3- Deducting (0, 0015) annually from the value of the loan (as an allowance for services provided by the fund and for social solidarity) isn`t permissible in Islamic Sharia because there lies the reason behind the prohibition of usury. However, it is permissible to deduct a specific, reasonable and fixed sum in return for administrative services of each loan, regardless of its amount and repayment span since the effort involved is the same. Nonetheless, there should be no mixing between the sum charged in return for administrative services and that charged for social solidarity.

4- Housing and life insurance of subscribers isn`t permissible in Sharia because it involves usury and gambling, which are classified as contracts of uncertainty and compulsion. And Allah Knows Best.

 

Chairman of the Iftaa` Board, Chief Justice, Izzaldeen At-Tamimi
Dr. Ahmad Hilayel
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

What is the ruling on performing dry ablution (tayammum) instead of the ritual bath due to severe cold?

Whoever is sick such that he cannot use water, or finds the water cold and heating it is not possible, and the person would be harmed by using cold water, it is permissible for him to perform tayammum. He must make up what he prayed with tayammum, because this is a place where there is water. And Allah the Almighty knows best.

What do you say about someone who stays up all night on Laylat al-Qadr but misses Fajr prayer?

Such a person has deprived themselves of a great reward. Performing obligatory acts is more beloved to Allah than voluntary acts. Fajr prayer is an obligation, and performing it in congregation is equivalent to worshiping for the entire night. So how can someone neglect it while striving for voluntary prayers?!

What is the ruling on a mother giving the Zakat of her wealth to her children?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for a mother to give her children from the Zakat if they are among those who are eligible for it—such as being poor (Fuqara), possessing no wealth, and not being sufficiently provided for by the maintenance (Nafaqah) of others. This is based on the statement of the Messenger of Allah ﷺ regarding Zaynab, the wife of 'Abdullah ibn Mas'ud (may Allah be pleased with them both): (Your husband and your children are the most deserving of those upon whom you spend in charity) [Narrated by Al-Bukhari].
 
It is stated in [Al-Hawi al-Kabir, Vol. 8/P.537]: 'As for the wife, it is permissible for her to pay her Zakat to her husband from all the designated shares... Our evidence is the generality of the saying of Allah the Almighty: "Zakat expenditures are only for the poor and for the needy", and the Hadith of Abu Hurairah that the Prophet ﷺ said to Zaynab, the wife of 'Abdullah ibn Mas'ud: (Your husband and your children are the most deserving of those upon whom you spend), and this is taken in its general sense.' And Allah the Exalted knows best.

What is the ruling on performing Tahajjud after the Witr?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for one who has prayed the Witr to perform voluntary (Nafl) prayers after it. However, it is preferable for the Witr to be the final prayer of the night. Therefore, if a person is confident that they will wake up during the night for Tahajjud, it is recommended for them to delay the Witr until after the Tahajjud. Conversely, if one fears they may not wake up, they should perform the Witr before sleeping.
 
Al-Khatib al-Shirbini (may Allah have mercy on him) stated: 'It is not disliked (Makruh) to perform Tahajjud after the Witr, but it is not recommended to do so intentionally.' [Mughni al-Muhtaj, Vol. 1/P.454]. And Allah the Exalted knows best."

 

 

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