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

Is prayer nullified by nose bleed?

 All praise be to Allah, The Lord of The Worlds.                                                                                                                                                                           Blood coming out of the nose, or a wound doesn`t nullify prayer regardless of its quantity. And Allah Knows Best.

Can an Udhiyah be made up if its time is missed?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If the sacrificial animal (udhiyah) is a voluntary (nafl) offering and its prescribed time is missed after the three days of Tashriq have ended, then it is not to be made up as a sacrifice; rather, it becomes merely a sheep for meat.
 
However, if it was a vowed (nadhr) sacrifice and its time is missed, then it must still be slaughtered, and the slaughtered animal is to be treated as it would have been during its prescribed lawful time. And Allah Almighty knows best.

What is the ruling on a Friday sermon in which the khaṭīb did not explicitly exhort the congregation to be conscious of Allah (taqwā) in both sermons, but sufficed with commanding them to obey Allah and refrain from disobeying Him?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
For the Friday sermon (khuṭbat al-Jumʿah) to be valid, certain essential pillars (arkān) must be fulfilled. Among these is the exhortation to be conscious of Allah (waṣiyyah bi-taqwā Allāh), which must be present in both sermons. Alongside this pillar, the praising of Allah (ḥamdallah) and the sending of blessings upon the Messenger of Allah ﷺ are equally required.
Shaykh al-Islām Imām Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states: "These three are pillars in each of the two sermons, because each sermon is independent and separate from the other." [Tuḥfat al-Muḥtāj,Vol.4/P.447]
It is not a condition that the exhortation be expressed in any specific wording, nor is it required that the word "taqwā" itself be used — such as saying "I exhort you to be conscious of Allah." Rather, this pillar is fulfilled by any expression that contains a command to obey Allah the Almighty and to abstain from what He has prohibited.
Imām al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, states: "The third pillar is the exhortation to taqwā... The specific wording of this exhortation is not required, according to the most correct view, because the purpose is admonition and the urging of obedience to Allah the Almighty. Therefore, any expression that conveys admonition suffices — whether long or short — such as: 'Obey Allah and be ever mindful of Him.'" [Mughnī al-Muḥtāj,Vol.1/P.550]
Accordingly, what the khaṭīb has done — by commanding obedience to Allah and forbidding disobedience to Him in both sermons — is valid and sufficient. And Allah the Almighty knows best.

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.