Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(101): “Sharia Ruling on Lying in Sale ”

Date Added : 02-11-2015

 

Resolution No.(101) by the Board of Iftaa`, Research and Islamic Studies

 “Sharia Ruling on Lying in Sale”

Date: 4/4/1427 AH, corresponding to 3/5/2006 AD

 

 

 

 

Question:

 

Is it permissible for a trader to say that a certain item is made in Italy-for example-while it is either made in China, or made in China and shipped to Italy, or most of its parts are made in Italy and some of them are made in China?

Answer: 

The Board is of the view that a Muslim-whether a trader, a salesman, or whatever his work may be-must be truthful in all that he says and always tell the truth about each item that he promotes. It is forbidden for him to resort to lying and cheating under any circumstances. Prophet Mohammad (PBUH) said: “Truth leads to piety and piety leads to Jannah(Paradise). A man persists in speaking the truth till he is recorded with Allah as a truthful man. Falsehood leads to transgression and transgression leads to the Hell-fire. A man continues to speak falsehood till he is recorded with Allah as a great liar.“ {Bukhari & Muslim}. He also said: “He who deceives isn`t of us.“ {Muslim}. And he (PBUH) said: “A Muslim is the brother of a Muslim, so it is impermissible for a Muslim to sell a deficient item to his brother without mentioning that to him “ {Bukhari}. And Allah Knows Best.

 

 

    

 

Chairman of Iftaa' Board, Cheif Justice/ Dr. Ahmad Hilayel                 

Dr. Yousif Ghaytan

 

 

 

 

Dr.Abdel Majeed Al-Salaheen

Sheikh Saeed Al-Hajawy

Dr. Wasif Al-Bakri                Sheikh Abdl-Kareem  Al-Khasawneh   

Sheikh Naeem Mojahid 

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Summarized Fatawaa

What is the ruling of islamic law on statutory (legal) interest awarded by a court?
 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible for a person in whose favor a judge has awarded statutory (legal) interest to deduct the actual litigation costs incurred in filing and prosecuting the lawsuit from these interest funds.
 
Any remaining balance beyond those actual expenses must be returned to the party upon whom the payment was imposed, provided that party is a specific individual. If, however, the paying party is a public entity or state institution, the remaining amount should be spent on the general public interests of Muslims—such as schools, mosques, roads, and similar public utilities shared by the community—or given in charity (Sadaqah) to the poor and needy. And Allah Almighty knows best.

The imam recited a verse containing a prostration of recitation (*sajdat al-tilāwah*) but did not prostrate. After the imam's *salām*, a follower (*maʾmūm*) performed a prostration of forgetfulness (*sujūd al-sahw*) because the imam had not performed the prostration of recitation. Is it permissible to go against the imam in this way?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
There is no sin on the imam if he omits the prostration of recitation (sujūd al-tilāwah), even deliberately. The maʾmūm (the one following the imam) is obliged to follow the imam in the prayer, so if the imam does not perform the prostration of recitation, it is not permissible for the follower to prostrate, because the imam is appointed only to be followed.
If the follower introduces a prostration after the imam’s salām but before his own salām, in a case where there is no prostration of forgetfulness (sujūd al-sahw), his prayer is invalidated if he knew it to be prohibited. Otherwise, he is excused on account of his ignorance and his prayer is not invalidated.
It is stated in Ḥāshiyat al-Imām al-Jamal ʿalā Fatḥ al-Wahhāb: “His statement: ‘So the omission of the hayʾāt (the non-essential sunnahs of the prayer) is not compensated for by prostration; if one prostrates for any of them deliberately, his prayer is invalidated, unless he is excused due to his ignorance.’”
Since this issue is one that is hidden from the laymen, as it is among the subtleties of knowledge, and the laymen are excused for ignorance of whatever is of such a nature, and their act of obedience is not invalidated because of it, it may be said that the prayer of one who has not acquired knowledge of this issue is not invalidated, with the necessity of learning the rulings remaining. As for after knowing it, the prayer is invalidated. And Allah Almighty knows best.

Does the Obligatory Ritual Bath (Ghusl) Suffice in Place of Ablution (Wuḍūʾ)?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The more prudent course is to perform ablution (wuḍūʾ) after the ritual bath (ghusl), so as to exit the difference of scholarly opinion and because the sufficiency of the ritual bath in place of ablution is contingent upon a number of conditions and requirements being met. And Allah the Almighty knows best.

What should a person, who doubts the validity of his Wudu, or over performs it, do?

One who doubts the validity of his/her Wudu while performing it should redo it until he/she is certain of having attained purity. But, if doubt was after having performed Wudu, then he/she should not pay attention to that as doubt after the end of an act of worship does not count. This is of course in case doubt was within the reasonable limits since once it goes beyond that, it becomes a whispering of the Shaytaan (devil) which he/she should ignore as the Wudu is valid.