Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(1)“ Sharia Ruling on Lease Premium “

Date Added : 02-11-2015

Resolution No.(1) by the Board of Iftaa`, Research and Islamic Studies:   
 “ Sharia Ruling on Lease Premium “

 

Question: What is the ruling of Sharia on lease premium and the money paid against that, and is it permissible according to the rulings of Islamic Sharia?
Answer: All perfect praise is due 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.

Ijarah(hiring) is permissible in Islamic Sharia since the Prophet(PBUH) was sent to humanity  while people were leasing and taking on lease, so he permitted that. It is well known that Ijarah is a contract whereby two parties agree upon a certain benefit in return for a compensation, that is money.
Ijarah is actually purchasing a benefit, and it is permissible to conclude an Ijarah contract upon lawful benefits, so the benefit of the leased estate is the right of the lessee, and so he enjoys the right of staying in the estate upon which the leasing contract has been concluded. Islamic Sharia has given a lessee the right of staying and residing in the leased estate, so none has the right to drive him/her out of it, and this right has a financial value according to Islamic Sharia as well as custom.
If a lessee was driven out of the estate without being paid the value of that right(lease premium), he/she may not be able to find a similar one without paying substantial amounts of money.
A lease premium is an integral part of the rent that has been agreed upon by both parties(lessor and lessee); therefore, it is permissible that the lessee pays it to the owner as a part of the rent i.e. the value of the benefit. The lessee is also permitted to sell his right in this benefit and take the lease premium from whoever wishes to purchase it for a price higher, or  lower  than that which he had paid to the owner in the first place.
On the other hand, Muslim jurists  permitted employing such a method on the estates pertaining to Islamic Awqaf(endowments) during the tenth, ninth, and eighth  centuries (H). They passed a legal ruling which  states that the Awqaf administrator has no authority to drive a lessee out of an estate so long as the latter is willing to pay the rent agreed upon in the contract. This way, Muslim jurists have given the lessee of an Awqaf estate the right to remain in it and permitted him to receive a lease premium in case he wished to vacate the estate. By analogy, it is permissible for a lessee, in ordinary types of estates, to demand a lease premium so long as the law grants him the right to stay in the estate even after the expiry of the contact. The law permitted this as a regulative measure  meant to prevent injustice, and after consulting people of sound opinion and expertise; it is parallel to putting price tags on commodities to prevent traders from rigging prices.

It is a purely commercial transaction that  involves buying and selling beyond suspicions of Riba(usury), or unlawfulness; therefore, contracting parties aren`t considered sinful so long as the contract has been concluded with their mutual consent. It is also impermissible for any party to revoke the contract except with the consent of the other party.

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Summarized Fatawaa

I`m infatuated with a man, is it permissible for me to make supplication that he falls in love with me and becomes my husband?

Islam has honored women by being proposed to by men, and not the other way around, so it is inappropriate for a woman to propose to a man since one who hastens in asking for a thing prematurely shall be punished by deprivation. In fact, such a phenomenon is the result of unlawful mixing between the two sexes.

What is the ruling of Islamic Law on Making up Prayers Missed before Reaching Puberty?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Among the conditions for accountability for one's actions in the Hereafter is taklīf (religious legal responsibility) — meaning, possessing sound reason and having reached puberty. The signs of puberty are: nocturnal emission, menstruation, or reaching the age of fifteen [lunar years].
Whoever missed prayers before reaching puberty is not obligated to make them up, since taklīf did not yet apply to him at that time. Our master, the Prophet ﷺ, said: "The pen has been lifted from three: from the child until he reaches puberty, from the sleeping person until he wakes, and from the insane person until he regains sanity." [Related by Abū Dāwūd]
The method for making up missed prayers and fasts has already been explained in Fatwa No. 2705, and Fatwa No. 876. And Allah, the Exalted, knows best.

If the bleeding ceases after 40 days following childbirth, but then returns intermittently during two days of fasting, what is the ruling?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Whenever the post-natal bleeding (Nifas) ceases and the woman is certain it will not return, she has become pure; therefore, she must perform the ritual bath (Ghusl) and resume praying and fasting. However, if the blood returns within fifteen days of its cessation and before sixty days have passed since the delivery, the ruling of Nifas applies once again. Consequently, any fasting or prayer performed during that interval of purity is rendered invalid; she must make up for the missed fasts of those days, but she is not required to make up for the prayers. And Allah the Exalted knows best.

The Jurisprudential Significance of the Ḥadīth: "Whoever says, at the conclusion of the Fajr Prayer, while crossing his legs, before speaking..."
"Whoever says, at the conclusion of the Fajr prayer, while crossing his legs, before speaking: 'Lā ilāha illā Allāh, waḥdahu lā sharīka lah, lahu al-mulku wa lahu al-ḥamdu yuḥyī wa yumītu wa huwa ʿalā kulli shayʾin qadīr' ten times — ten good deeds will be recorded for him, ten bad deeds will be erased from him, he will be raised ten levels, he will spend that day in protection from everything disliked and guarded from the devil, and no sin will be able to befall him on that day except associating partners with Allah" — does this noble ḥadīth apply to the imam, and what is meant by "extraneous speech"?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended for both the imam and those praying behind him to recite, immediately after the final salām, the specific remembrance reported in the sunnah to be said before turning away from one's place of prayer. The imam then leaves his praying spot, and the act of "turning" is fulfilled when the imam faces the congregation — even without physically leaving his spot — by positioning his right side toward them and his left side toward the qiblah, and this applies even while he is engaged in supplication.
Al-ʿAllāmah Ibn Qāsim al-ʿAbbādī states in his Ḥāshiyah ʿalā al-Tuḥfah (Vol.2/P.105): "It is most virtuous for the imam, once he has given the salām, to rise from his place of prayer immediately afterward." He adds that an exception must be made for the remembrances that are specifically required to be recited before he turns away. He then notes, citing Sharḥ al-ʿUbāb: "Yes, an exception to this rising immediately after the salām applies to the Fajr prayer, due to the authentic report that the Prophet ﷺ, when he prayed Fajr, would remain seated until the sun rose." He further cites, from al-Khādim, the ḥadīth concerning one who recites, at the conclusion of the Fajr prayer while still in the position of crossing his leg to rise: "Lā ilāha illā Allāh, waḥdahu lā sharīka lah..." and the rest of the well-known ḥadīth. He comments that this makes explicit that this particular remembrance is to be recited before the worshipper turns his legs to leave, and the same applies to Maghrib and ʿAṣr, as reported in those contexts as well.
What is meant by "speech" in the relevant ḥadīth is extraneous worldly speech that is not called for after the prayer and for which there is no legitimate excuse. The remembrances reported to be recited upon concluding the prayer, however, do not fall under this category of extraneous speech, since they are themselves required by the sharīʿah.
Al-ʿAllāmah ʿAlī al-Shabrāmalsī states in his Ḥāshiyah ʿalā al-Nihāyah (Vol.1/P.551): "If someone greets a person with salām while he is occupied with reciting this remembrance [i.e., 'Lā ilāha illā Allāh...'], should he return the greeting — without this causing him to forfeit the promised reward, since he is engaged in an obligatory matter — or should he delay returning the greeting until he finishes, this being a legitimate excuse for the delay?" He continues: "I say: the more likely view is the former, and the prohibition on speech is to be understood as applying to extraneous speech for which there is no legitimate excuse. Based on this, should the worshipper give precedence to this remembrance ('Lā ilāha illā Allāh...') or to reciting Sūrat al-Ikhlāṣ ('Qul huwa Allāhu aḥad')? This requires consideration, though it is not unlikely that the remembrance takes precedence, given that the Lawgiver urged hastening to it through his words 'while crossing his leg.' This is not considered ordinary speech, since it is not extraneous to what is required after the prayer."
Accordingly, it is recommended for both the imam and those praying behind him to recite this remembrance and to give it precedence over the other remembrances of the prayer, ensuring it is said before they move from their place. And Allah the Almighty knows best.