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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 of Islamic Law regarding one who slaughters a ewe and it turns out to have been pregnant, and is it permissible to slaughter the ewe if one knows it is pregnant?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person slaughters a ewe and it turns out to have been pregnant, the fetus becomes lawful (ḥalāl) by virtue of its mother's slaughter (tabaʿan li-ummihā).
It is stated in Mughnī al-Muḥtāj (Vol.6/P.158): "A fetus found dead [after the mother's slaughter], or found alive but in a state resembling that of a slaughtered animal [i.e., dying shortly after], becomes lawful — whether or not it had grown fur — provided it is found in the womb of a mother that was lawfully slaughtered, whether her slaughter was by cutting the throat, or by an arrow or hunting dog sent after her. This is based on the ḥadīth: 'The slaughtering of the fetus is [effected by] the slaughtering of its mother' [narrated by al-Tirmidhī, who graded it ḥasan, and by Ibn Ḥibbān, who graded it ṣaḥīḥ] — meaning that the slaughter which rendered the mother lawful renders the fetus lawful as well, by virtue of following her; and because the fetus is one of her constituent parts, and her slaughter renders lawful all of her parts."
This ruling differs, however, from the case of one who knows from the outset that the ewe is pregnant [and intends to sacrifice her specifically as the udḥiyah while pregnant] — in which case, according to the Shāfi'ī school, she does not fulfill the requirement of a valid sacrifice.
It is stated in Ḥāshiyat al-Bujayrimī 'alā al-Khaṭīb (Vol.4/P.335): "A pregnant animal does not fulfill the requirement [of a valid sacrifice], and this is the authoritative position (al-mu'tamad), because pregnancy diminishes the quality of the meat. As for why such an animal is nevertheless counted as complete [i.e., fully valid] in matters of zakāh, that is because the intent there is reproduction (nasl), not the quality of the meat.". And Allah, the Most High, knows best.

What is the ruling on congratulating others on the arrival of Ramadan?

Congratulating others on the arrival of Ramadan is permissible.
If someone does it to express their love for worship and the blessings of Ramadan, and congratulates their fellow Muslim, they have done something good.
The Prophet ﷺ said: "Shall I not tell you something that, if you do it, you will love one another? Spread peace (Salam) among yourselves." [Narrated by Muslim]
Giving Salam is a prayer for peace and safety.

What is the ruling on the ablution of one who touches women prohibited to him by a temporary prohibition (mahram bi-hurma mu'aqqata)?

It is prohibited to touch a woman who is temporarily prohibited (meaning one whom it becomes permissible to marry after the impediment is removed, such as the wife of a brother or paternal uncle). Touching her without a barrier invalidates ablution. And Allah the Almighty knows best.

What is the meaning of the Prophetic statement that a boy is held in pledge (murtahan) for his 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The first interpretation: That if the boy dies in infancy without an 'aqīqah having been performed on his behalf, he will not intercede for his parents on the Day of Resurrection. This is the position of Imam Aḥmad ibn Ḥanbal, and Imam al-Khaṭṭābī concurred with him, stating: "The finest of what has been said regarding this matter is the position adopted by Aḥmad ibn Ḥanbal." — [Fatḥ al-Bārī by Ibn Ḥajar,{Vol.9/P.594]
The second interpretation: That the child is likened to a pledged object (marhūn) — one from which full benefit and enjoyment cannot be derived until it is redeemed. A blessing is only made complete upon the one blessed when they fulfil the obligation of gratitude (shukr), and the prescribed expression of gratitude for this particular blessing is what the Prophet ﷺ established as Sunnah — namely, the slaughtering of the 'aqīqah on behalf of the newborn as an act of thankfulness to Allah the Almighty and as a supplication for the wellbeing and safety of the child. This is the position of Mullā 'Alī al-Qārī. See: [Mirqāt al-Mafātīḥ Sharḥ Mishkāt al-Maṣābīḥ, Vol.7/P.2688]
And Allah Almighty knows best.

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