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Resolutions of Iftaa' Board

Resolution No.(119): “Ruling on Trading with Cellular Phone Card“

Date Added : 02-11-2015

 

Resolution No.(119): “Ruling on Trading with Cellular Phone Cards“

Date: 1/3/1429 AH, corresponding to 9/3/2008 AD.

 

All perfect praise be to Allah The Lord of The Worlds, and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

The board received the following question:

A trader was asked to provide cellular phone cards that equal (500) JDs, then sell them by installments over one year with 20% as a profit. He has the following questions:

1- Is trading with cellular phone cards illegal?

2- Is it permissible to specify a certain percentage of profit, in general?

Answer: All success is due to Allah

1- It is permissible to trade with cellular phone cards because it is a kind of sale against a benefit. This is supported by the fact that these cards have a certain expiry date, and become useless after that date. Moreover, possession of such cards is tantamount to possession of a benefit, which is using the web of the telecommunications company that issued them for a specific period. One who has possession of a benefit may make it in the possession of someone else in return for a compensation, even if that compensation was more than the one against which he had possessed that benefit in the first place. However, cellular phone cards differ from paper money so as for people to say that they may not be sold for more than their actual value.

 

2- It is permissible to specify a certain margin of profit, whether for cellular phone cards, or any other commodity, because doing does not contradict the rules of Islamic Sharia.

And Allah Knows Best.

 

Head of the Iftaa` Department, The Grand Mufti of Jordan, Dr. Nooh Al-Qodat

Vice Head of the Iftaa` Board, Dr. Ahmad Hilayel

Sheikh AbdulKareem Al-Khasawneh/ Member

                                               Sheikh Sa`eid Hijjawi/ Member

                                               Dr. Mohammad Khair Al-Essa/ Member

                                               Judge Sari Attieh/ Member

                                               Dr. Abdulrahamn Ibbdah/ Member

                                               Dr.Mohammad Oklah Al-Ibraheem/ Member

                                               Sheikh Na`eim Mujahid / Board Executive Secretary

 

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Summarized Fatawaa

What is the ruling on a woman who learns of her divorce or her husband's death after her *ʿiddah* has ended? And does the *ʿiddah* of a woman who abandoned mourning (*iḥdād*) for the whole period of the *ʿiddah*, or part of it, still end, even though she knew that abandoning it is forbidden?**

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The waiting period of a widow who is not pregnant is four months and ten days, based on the saying of Allah Almighty (which means): “And those of you who die and leave wives behind, they shall wait concerning themselves for four months and ten days” [al-Baqarah/234]. If she is pregnant, her ʿiddah ends with the delivery of her child. The ʿiddah is calculated by lunar months and begins from the date of death.
If her ʿiddah ends before she learns of her husband’s death, or of his divorcing her, she does not observe the ʿiddah upon learning of it, because her ʿiddah has already ended.
It is stated in al-Bayān fī Madhhab al-Imām al-Shāfiʿī (Vol.11/p.41), one of the books of the Shāfiʿī school: “If a man divorces his wife, or dies while he is absent from her, her ʿiddah is from the time of the divorce or from the time of death. If she does not know of the divorce or the death until her ʿiddah period has ended, then her ʿiddah has ended. If she learns of it before the end of the ʿiddah period, she completes her ʿiddah counting from the time of the divorce or death.”
As for a woman who abandoned mourning throughout the ʿiddah while knowing that it is forbidden, she is sinful, although her ʿiddah has nonetheless ended. And Allah Almighty knows best.

How to perform the witr prayer in terms of connection (wasl) and separation (fasl)?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Witr prayer has several forms that vary in terms of virtue:
 
The First Form: Separating every two units (rak‘ah) with a Tashahhud and a Taslim (salutation). This is superior to connecting the units, even if it is only a single rak‘ah. This is based on the Hadith of ‘Aishah (may Allah be pleased with her): 'The Messenger of Allah ﷺ used to pray eleven units between the end of the ‘Isha prayer and dawn, performing the Taslim after every two units and performing Witr with a single unit.' (Related by al-Bukhari & Muslim).
 
The Second Form: Connecting the units with only one final Tashahhud at the very end.
 
The Third Form: Connecting with two Tashahhuds—meaning reciting the Tashahhud before the final unit without performing the Taslim, then standing to complete the final unit. This form is considered the lowest in rank so that the Witr prayer remains distinct from the obligatory Maghrib prayer, as stated in the Hadith: 'Do not make the Witr resemble the Maghrib prayer.' (Narrated by Al-Daraqutni, who stated its narrators are trustworthy).
 
It is stated in Bushra al-Karim Sharh al-Muqaddimah al-Hadramiyyah: 'It is permissible to connect [the Witr] with one Tashahhud in the final unit—which is better—or with two Tashahhuds in the last two units, as both methods are established in Sahih Muslim from the actions of the Prophet ﷺ. In the connected method, more than two Tashahhuds are prohibited. Furthermore, separating (al-Fasl) is better than connecting (al-Wasl) if the number of units is the same, because the Hadiths supporting it are more numerous and it involves more devotional actions.' And Allah the Exalted knows best."

Is it incumbent on a husband to pay the alimony of his wife if she had left him and stayed at her parent`s without his permission?

When a wife leaves her house, and stays at her parent`s without asking her husband, she is considered a Nashiz (wife who refuses to abide by her husband’s orders), and so she doesn`t deserve an alimony.

Is Zakah (obligatory charity) due on the Zakah money received by a poor person, and reached a Nissab (minimum amount liable for Zakah), and a whole lunar year had lapsed over having it in his possession?

Yes, the poor who possessed a Nissab for a whole lunar year is obliged to pay the Zakah due on that money even if it was given to him as a Zakah money in the first place. And Allah Knows Best.

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