Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(76): “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 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 are the nullifiers of fasting?

1. Anything that enters the body cavity intentionally, even in small amounts, through an open passage such as the mouth, nose, ears, front, or back private parts.
2. Intentional vomiting.
3. Sexual intercourse.
4. Masturbation.
5. Menstruation and postnatal bleeding.
6. Insanity.
7. Apostasy.
8. Fainting if it lasts for the entire day.

What is the ruling if hemorrhoid blood exits after completing ablution?

If this blood is exiting from outside the anus (due to the hemorrhoid protruding), it does not invalidate ablution, because blood exiting from the body from other than the two orifices does not invalidate ablution. If it exits from the anus (meaning from inside it), it invalidates ablution, and one must perform istinja' from it, wash the area of impurity, and repeat the ablution.
However, if this blood exits continuously such that no time remains sufficient for purification and prayer without it flowing, then it takes the ruling of urinary incontinence (sals al-bawl). One then cleanses from it after the time for each prayer enters, performs ablution immediately thereafter, and performs the obligatory prayer immediately. There is no liability upon him after that if something of it flows, and he may pray as many voluntary prayers as he wishes. If he wants to pray another obligatory prayer, he must cleanse himself and perform ablution. And Allah the Almighty knows best.

What is the ruling of Islamic Law on eating or drinking during the circumambulation?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is disliked (makrūh) to eat or drink during the circumambulation (ṭawāf).
Shaykh al-Islām Imām al-Nawawī states in al-Majmūʿ: "It is disliked to eat or drink during ṭawāf, and the dislikedness of drinking is lighter. Neither of them, nor both together, invalidates the ṭawāf. Al-Shāfiʿī said: 'There is no objection to drinking water during ṭawāf, and I do not consider it sinful; however, I prefer that it be avoided, as refraining from it is more befitting in terms of proper conduct.' Among those who explicitly stated the dislikedness of eating and drinking, and that drinking is the lesser of the two, is the author of al-Ḥāwī."
If, however, a person is in genuine need of drinking, then there is no dislikedness in doing so. In any case, the ṭawāf itself remains valid. And Allah the Almighty knows best.

Which hour coincides with the last third of the night?

This hour could be figured out by calculating the number of night hours which start at sunset, and end at dawn break, then the total is divided on three to get the result.