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
