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Resolutions of Iftaa' Board

Resolution No.(106): “Ruling on Foreign Exchange Offices“

Date Added : 02-11-2015

 

Resolution No.(106) by the Board of Iftaa`, Research and Islamic Studies:  

“ Ruling on Foreign Exchange Offices “

Date: 26/4/1472 AH, 24/5/2006 AD

 

 

Question: What is the ruling on foreign exchange offices that deal in foreign exchange speculation, American Stock Exchange (AMEX), gold, silver and petrol.

The way such offices operate can be clarified as follows: The client makes a deposit e.g.(5000) dollars and the office offers him credit facilities up to (50.000), but when the loss reaches (5000), the client loses his money and the office closes his account and the opposite is true in case of profit?

Answer:

The Board is of the view that such transaction is forbidden in Islamic Law {Sharia} because the money which the office lends to the client is conditioned by trading in foreign exchange with none other than it. In this case, it is a tied loan: no credit facilities to the client unless he adheres to dealing with the office alone. Moreover, the office`s profit is assured while the client`s isn`t, and this is tantamount to gambling.

This is in addition to the fact that this transaction is conducted without mutual reception in the place where the transaction was concluded. Also, the office sells and buys that which isn`t in its possession and this has been disapproved and forbidden by the Prophet (PBUH). And Allah Knows Best.

 

 

Chairman of the Iftaa` Board

Chief Justice/ Dr. Ahmad Hilayel

Dr. Abdusalam Al-Abbadi                                      Dr. Yousef Ghaidahn

Dr. Abdolmajeed As-Salaheen                              Sheikh Sai`ed Hijjawi

Dr. Wasif Al-Bakri                                         Sheikh Abdulkareem Khasawneh

Sheikh Na`iem Mujjahid

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Summarized Fatawaa

What is the ruling on sacrificing a castrated animal or one with a missing tail?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible to sacrifice a castrated sheep; as it has been established that the Prophet (peace be upon him) sacrificed:
 
"...two large, fat, horned, white-and-black, castrated rams (Mawju'ayn—meaning having crushed testicles)." [Narrated by Ibn Majah in his Sunan].
 
It is not permissible to sacrifice an animal that is missing its tail, or udder due to being cut off. This is in contrast to an animal that was naturally born without a tail, or udder; such an animal is valid for sacrifice. And Allah the Almighty knows best.

Is Zakah (obligatory charity) due on owned land?

Zakah is due on the land used as an article of merchandise and was originally bought for that end. Zakah is due on it at the end of every lunar year. Its value is estimated, and (2.5%) of the total value of all such lands owned by the questioner is given as Zakah. However, no Zakah is due on the land used for building a house, or an agricultural purpose.

What is the ruling on Zakat al-Fitr?

Zakat al-Fitr is obligatory upon every Muslim for themselves and for those they are financially responsible for, provided they possess wealth that is surplus to their and their family's needs on the night and day of Eid.
Ibn Umar reported: "The Messenger of Allah ﷺ made Zakat al-Fitr obligatory—one sa‘ (measure) of dates or one sa‘ of barley—upon every Muslim, whether slave or free, male or female, young or old." [Narrated by Al-Bukhari]
Its estimated amount is approximately 2,500 grams of wheat or rice, and the General Iftaa` Department issues an annual ruling specifying its monetary value.

What is the ruling of Islamic Law on following the actions of the imam in prayer and how this following is achieved?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The follower (ma'mum) is required to follow his imam in the actions of the prayer. This "following" (mutaba'ah) means that the follower performs each action of the prayer after the imam has begun it but before he has finished it. For example, the follower bows (in ruku') after the imam has reached the position of bowing, then rises after the imam has risen. The Prophet, peace and blessings be upon him, said: "The imam is only appointed to be followed, so when he says the takbir, say the takbir; and when he bows, then bow; and when he prostrates, then prostrate" (agreed upon, i.e., reported by both al-Bukhari and Muslim).
It is stated in Mughni al-Muhtaj (1/505): "Among the conditions of valid congregational prayer (iqtida') is following the imam in the actions of the prayer... meaning that following the imam is obligatory in the physical actions of the prayer, not in its verbal utterances... Complete following (kamal al-mutaba'ah) is achieved when the follower's beginning of an action comes after the imam's beginning of that same action, while the follower's beginning of the action precedes the imam's completion of it" — end of quote, with slight paraphrasing.
And Allah, the Exalted, knows best.

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