Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Date Added : 02-11-2015

 

Resolution No.(76) by the Board of Iftaa`, Research and Islamic Studies: 

 "Ruling on the Financing System for the Housing of the General Corporation of Social Security Employees on Basis of Islamic Murabaha in Favor of the One Ordering the Purchase“

Date: 13/4/1425 AH, corresponding to 2/6/2004 AD.    

 

 

Question:

To how extent do the regulations pertaining to the financing of the housing of the General Corporation of Social Security employees agree with the rules of Islamic Sharia?

Answer: All success is due to Allah.

After careful study and deliberation, the Board made the following remarks:

Article (2) defines the one ordering the purchase,  or a  purchaser as: The General Manager/employee. The Board recommends deleting the word (purchaser), whether it comes alone or accompanied by (the one ordering the purchase). It also recommends defining (the one ordering the purchase) as every employee of the General Corporation of Social Security.

Article (9/D) states: “After presenting the irrevocable power of attorney and a letter from the concerned Directorate of Lands Registration indicating that the estate is free of any rights that hinder disposing of it, the Social Security Corporation shall issue a letter of promise to the landlord , whereby it pledges to pay off the agreed upon price.”

 

The Board is of the view that the irrevocable power of attorney doesn`t mean that the authorized has actually possessed the estate, which makes this contract in contradiction with the rules of Sharia which prohibit selling an item that isn`t in the sellers` possession; therefore, the item must get possessed and guaranteed by the one ordered  to purchase it, then transferred, through a valid sale contract, to the possession of the one ordering the purchase. Moreover, in order for this proxy to become tantamount to possessing the estate, it should clearly stipulate that the Social Security Corporation shall guarantee the purchased estate completely. Therefore, the Board is of the view that clause (D) of article (9) should read as follows:

“Issuing a promissory letter by the Social Security Corporation to the landlord whereby it shall guarantee settling the agreed upon price after presenting the irrevocable power of attorney, which must state clearly that the Corporation shall guarantee the purchased estate completely, and a letter from the concerned Lands` Registration Directorate indicating that the estate is free of any rights that hinder disposing of it.”

 

It is permissible for the Corporation to ratify the irrevocable power of attorney enclosed with the regulations pertaining to the financing system of the housing of the Corporation`s employees since it clearly states that the Corporation shall guarantee the purchased estate completely, and in order to become permissible in Sharia once the item, ordered to be purchased {Murabaha}, becomes in the possession and guarantee of the Corporation. This is also because the temporary law pertaining to the immovable property, 26/2003, issued on 16/4/2003 has been included within item (4) of clause (o), article (11): stipulates that an authorized person, or any other party may not initiate any action whatsoever, including  the execution of immovable properties included within the irrevocable power of attorney after its inscription in the trade register of these properties at the concerned lands` registration department.

Article (4/A) states: “Housing financing through Murabaha shall be granted after two years pass over the classification of an employee of the Corporation.”

The Board recommends replacing the word (classification) with the word (recruitment).

Article (8/A&B) include grammatical mistakes that must be corrected. And Allah Knows Best.

 

 

Iftaa` Board

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

Dr. Wasif Al-Bakhri

Dr. Abdulmajeed Al-Salaheen

Dr. Abdullah Al-Manasrah

Sheikh Sae`id Hijjawi

Sheikh Nae`im Mujahid

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Summarized Fatawaa

What is the ruling on taking a loan from an interest-based bank (a usurious bank) to buy an apartment for housing, noting that I am renting at a high amount relative to my income, and I am an employee? Also, considering that the conditions of Islamic banks are strict, and I cannot obtain the full amount from them, is it permissible to take a loan to purchase an apartment or not? May Allah reward you.

 

 

 

 

 

Usury (interest) is prohibited by Islamic law, and the Messenger of Allah, peace be upon him, cursed the one who consumes usury, the one who pays it, its recorder, and its witnesses. Whoever leaves something for the sake of Allah, Allah will compensate them with something better and greater, and Allah will provide relief after hardship. Needing a place to live does not permit taking a loan with interest. And Allah Knows Best.
 
 
 
 
 

Does Husband fasting while being impure for having sexual intercourse with his wife at night permissible?

Yes it is permissible for you to fast because impurity isn't among valid fasting conditions, but you are obliged to perform ritual impurity in order to catch up Fajr prayer at its due time. And Allah Knows Best.    

Is it permissible for a woman whose menses exceeded (15) days to pray, fast and do what was prohibited on her to do during the latter period?

If the menses exceeded 15 days then it is deemed menstruation, and in this case she is obliged to pray and fast and to do what was impermissible for her to do during the latter period. In addition, she is obliged to make an ablution for each obligatory prayer after it's due time and making sure that impuity is removed. Finally, your menstruation period is over (Questioner) simlar to your menstruation in the previos month.

Is it permissible for the big brother to force his sisters to wear Hijjab (Islamic wear) if their father didn`t do his part in this regard ?

All Perfect Praise is due to Allah, The Lord of The Worlds

The father`s attention should be drawn gently and politely, and the sisters should also be reminded with good words since Allah, The Almighty, Says (What means): "O ye who believe! Save yourselves and your families from a Fire whose fuel is Men and Stones." [Al-Tahreem/6]. And Allah Knows Best.