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 is the meaning of the Prophetic statement that a boy is held in pledge (murtahan) for his 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The first interpretation: That if the boy dies in infancy without an 'aqīqah having been performed on his behalf, he will not intercede for his parents on the Day of Resurrection. This is the position of Imam Aḥmad ibn Ḥanbal, and Imam al-Khaṭṭābī concurred with him, stating: "The finest of what has been said regarding this matter is the position adopted by Aḥmad ibn Ḥanbal." — [Fatḥ al-Bārī by Ibn Ḥajar,{Vol.9/P.594]
The second interpretation: That the child is likened to a pledged object (marhūn) — one from which full benefit and enjoyment cannot be derived until it is redeemed. A blessing is only made complete upon the one blessed when they fulfil the obligation of gratitude (shukr), and the prescribed expression of gratitude for this particular blessing is what the Prophet ﷺ established as Sunnah — namely, the slaughtering of the 'aqīqah on behalf of the newborn as an act of thankfulness to Allah the Almighty and as a supplication for the wellbeing and safety of the child. This is the position of Mullā 'Alī al-Qārī. See: [Mirqāt al-Mafātīḥ Sharḥ Mishkāt al-Maṣābīḥ, Vol.7/P.2688]
And Allah Almighty knows best.

Is it permissible for household members to pool money for the Udhiyah and gift it to one of them?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible for members of a household to pool their money together and gift the total amount to one individual among them so that he may offer the sacrifice (Udhiyah). In this case, the family members receive the reward for giving charity (Sadaqah), and the one performing the sacrifice includes them in the spiritual reward (Thawab).
 
Furthermore, slaughtering a single sheep (on one's own) is considered religously better than participating as one of seven people in the sacrifice of a cow or a camel. And Allah the Almighty knows best.

Is Zakat al-Fitr obligatory for an unborn child (fetus)?

Zakat al-Fitr is not obligatory for a fetus. However, if the child is born before sunset on the last day of Ramadan, then Zakat al-Fitr must be given on their behalf.

Is it permissible for a sick person to pray while sitting on a chair?

All perfect praise be to Allah, The Lord of the Worlds                                                                                                                                                                        It is permissible for a sick person, who is unable to stand up, to offer prayer while sitting on a chair. If he/she was unable to prostrate while on the chair, the he/she should pray while sitting on the ground, but if he/she was neither able to bow (Roku),nor to prostrate, then he can do them while sitting on the chair. And Allah Knows Best.