Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(143) (8/2010): "Ruling on Commissions Charged by Brokers In Money Laundering Operations"

Date Added : 02-11-2015

 

Resolution No.(143) (8/2010) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Commissions Charged by Brokers In Money Laundering Operations"

Date: (7/5/1431 A.H), corresponding to (22/4/2010)AD.

 

 

All praise be to Allah, peace and blessings be upon Prophet Mohammad and upon his family and companions:

During its fourth session held on the above given date, the Board reviewed the following question:

What is the ruling on commissions charged by brokers in money laundering operations that take place in certain countries, and with their approval ?

After careful study and deliberation, the Board decided what follows:

“Money Laundering” is to transform illegally obtained gain into seemingly legitimate funds in order to hide its origin so that it looks as if it comes from a legitimate business. 

Money laundering is prohibited in Islamic Sha`ree`ah, because the money itself comes from an illegitimate source such as usury, gambling, drugs and wines, so the resulting profit is ill-gotten. Allah Says in the Holy Quran, (What means): “O ye who believe! Eat not up your property among yourselves in vanities: But let there be amongst you Traffic and trade by mutual good-will: Nor kill (or destroy) yourselves: for verily God hath been to you Most Merciful!” {An-Nis`sa/29}. This verse clarifies that it is wrong for a Muslim to waste a property whether it was in his name, or belongs to the community, or to the people over whom he has control. A Muslim is allowed to increase property by economic use (traffic and trade). We must be careful of our own and other people`s lives and commit no violence. Our violence to our own brethren is particularly preposterous, seeing that Allah has loved and showered His mercies on us and all His creatures.

 

Money laundering isn`t a trade because those who do it aren`t seeking profit, rather, they falsely seek to make it look like a legitimate business.

Undoubtedly, money laundering causes great damage to the national economy and leads to tax evasion which undermines the public treasury because the overhead revenues don`t cover the overhead expenses, and this undermines the state and strengthens the organized crime.

Accordingly, brokerage in such illegitimate operations is forbidden in Islamic law because it assists in committing that which is unlawful. Allah Says in this regard (What means): “Help ye one another in righteousness and piety, but help ye not one another in sin and rancour: fear Allah. for Allah is strict in punishment.” {Al-Mai`da/2}. Brokerage in this illegal activity assists in establishing that which is mendacious since every derivative of mendacity is equally mendacious, so the money resulting from it is tantamount to illegitimate gain.

The Hashemite Kingdom of Jordan has fought this phenomenon, and so it issued the Counter Money Laundering Law No.(46/2007) which bans such a crime, counters it and regards it liable to punishment. And Allah Knows Best.

 

 

Head of the Iftaa` Board, The Mufti General of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh

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

Dr. Yahia Al-Botoosh/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Dr. Mohammad Khair Al-Essa

Judge Sarrie Attieh

Dr. Abdulrahman Ibbdah/ Member

Dr. Mohammad Oklah/ Member

Dr. Abduln`nassir Abu Al Bass`al/ Member

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Gharaibeh/ Member

Executive Secretary of the Iftaa` Board, Dr. Ahmad Al-Ha`sanat

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Summarized Fatawaa

What is the ruling if someone wipes his head then shaves it - must he repeat it?

If a person performing ablution shaves his head after wiping it during ablution, he is not required to re-wipe his head or repeat the ablution. And Allah the Almighty knows best.

Is "Bismillāhir-Raḥmānir-Raḥīm" a verse (āyah) of Sūrat al-Fātiḥah?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The basmalah ("Bismillāhir-Raḥmānir-Raḥīm") is, without question, a verse (āyah) of the Noble Qur'an, and according to the Shāfi‘ī school, it constitutes a verse of Sūrat al-Fātiḥah itself. Al-Fātiḥah is a pillar of the prayer, and it consists of seven verses, of which the basmalah is one. The prayer is not valid without reciting it, nor if any of the Fātiḥah's verses, letters, or shaddahs (consonant doublings) are omitted or altered.
It is stated in Bushrā al-Karīm (Vol.1/p.202), from the books of the Shāfi‘ī school: "The basmalah is a complete verse of it [i.e., of al-Fātiḥah] in practice — and it suffices, for this to be established, that there be strong probability (ẓann), especially given that this has come very close to certainty (yaqīn), due to the consensus (ijmā‘) of the Companions on its inclusion in the muṣ-ḥaf [the written text of the Qur'an] in its script, despite their extreme diligence in excluding from it anything that did not genuinely belong to it — to the point that they even [carefully regulated] its diacritical dots and vowel markings." And Allah, the Exalted, knows best.

What is the ruling on a suitor (khāṭib) going out alone with his fiancée before the marriage contract is concluded?

It is unlawful for a suitor, prior to the marriage contract , to do anything that would be unlawful for any non-maḥram man — including touching his fiancée, being secluded with her (khalwah), or seeing her without her complete sharī‘ah-compliant covering — even after the recitation of al-Fātiḥah (This is a cultural custom to seek Allah's blessing (barakah) and mark mutual consent) and the family's approval [of the engagement]. This is because the engagement, without the formal marriage contract, does not render unlawful matters permissible. And Allah, the Exalted, knows best.

What is incumbent upon the one offering the sacrifice if, after slaughtering the animal, they discover that one of its internal organs is damaged or diseased?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
The presence of disease or defect in the internal organs of a sheep does not affect the validity of the sacrificial animal, unless the disease leads to the animal becoming emaciated and its meat becoming corrupted.
 
It is stated in al-Iqnā' (2/590) by Imam al-Shirbīnī: "The third disqualifying condition: an animal with a manifest illness — meaning one whose illness visibly results in emaciation and corruption of its meat. However, if the illness is minor and does not produce such effects, it doesn`t affect the validity of the sacrificed animal." And Allah Almighty knows best.