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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 Sunnah acts of fasting?

● Delaying Suhoor (pre-dawn meal) as long as there is no risk of Fajr beginning.
● Hastening Iftar (breaking the fast) immediately after confirming sunset.
● Performing I‘tikaf, especially during the last ten nights of Ramadan.
● Reciting the Quran frequently.
● Avoiding idle and useless talk.
● Being generous and charitable.
● Guarding oneself from desires.
● Purifying oneself from major impurity (janabah) before Fajr.

What is the ruling on a young man and a young woman having a love relation for the purpose of getting married?

It is forbidden for a man and a woman to have any kind of relation whether for marriage, or not because it leads to committing sin. Such relations include: private meetings, mixing, gazing, and seclusion (Khulwa). Accordingly, one who is sincere in his intentions should go to the woman`s guardian and ask for her hand in marriage.

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

Is washing the private part after urinating (Istinjaa`) a condition, and is it done with water and soap, or with water only?

Istinjaa` is obligatory for removing impurity, and it can be done with toilet paper, or a stone, or water. It is preferable to do Istinjaa` first with paper, or stone, or the like, then to wash the private part with water until making sure that the impurity has been removed. Using soap is not a condition, but there is no harm in doing so provided that it is washed off with water. It is also permissible to use either water, or paper if impurity is removed by any.

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