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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(155): "Ruling on the Loan Conditioned by Making a Fixed Monthly Payment to a Solidarity Fund whose Benefit Goes to the Borrowers"

Date Added : 02-11-2015

 

Resolution No.(155)(20/2010) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on the Loan Conditioned by Making a Fixed Monthly Payment to a Solidarity Fund whose Benefit Goes to the Borrowers"

Date: 26/12/1431 AH, corresponding to 2/12/2010 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.

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

I`m a government employee and I have received (22000) JDs as a housing loan. Upon collecting that sum, I found out that I should pay (100) JDs as stamps, and that there was a solidarity fund related to the Employees Housing Fund by which (5) JDs are deducted monthly besides the installment, regardless of the loan`s value, which ranges between (15000) and (30000) JDs. It is worth mentioning that the repayment period is (20) years and this applies to all the employees, regardless of the loan`s value. By conclusion, each employee pays (1200) JDs to the solidarity fund over twenty years, knowing that in case an employee dies, this fund pays off all his unpaid installments, regardless of the amount due to the Housing Fund, whether it was (30000) or one JD, and his heirs aren`t liable for repaying any sum.

After thorough deliberations, the Board decided what follows:

The above loan is permissible because the value of the stamps goes to the public treasury, so there is no harm in paying that amount. Moreover, it isn`t usurious because in usury it is a condition that the loan brings profit to the loaner himself; whereas, the value of the stamps goes to the state, not the loaner.

As regards the payments made to the solidarity fund, they are permissible as well, because it enhances solidarity amongst the borrowers. However, each fund should have its independent account so that payments made to the solidarity fund aren`t re-loaned by the Employees Housing Fund. This way eliminates  the suspicion of usury.

It is better that you (questioner) pay the whole amount due to the solidarity fund at the beginning so that nothing gets deducted from the loan or added to it; rather, paying that amount in advance should be a condition for taking the loan. This way, the contract becomes free from the suspicion of usury. We advise participants to pay that amount in advance as a kind of grant or donation. And Allah Knows Best.

 

Head of the Iftaa` Board, The Grand Mufti 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, Sheikh Mohammad Al-Hunaiti

 

 

 

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Summarized Fatawaa

Is it permissible to agree with a butcher to purchase the meat of an animal after it has been slaughtered — for instance, by buying the meat of a sheep at a price determined by the weight of its meat following slaughter, at a fixed rate per kilogram? And what is the ruling if the animal is being purchased with the intention of it being an uḍḥiyyah (sacrificial offering)?

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible to sell livestock in the manner of pricing each kilogram of meat after slaughter at a fixed rate, because the meat within the animal prior to slaughter is unseen and unknown. This leads to jahālah (ignorance of the subject matter) and gharar (contractual uncertainty), both of which are among the invalidating factors in sales transactions.
However, it is permissible for the buyer to issue a promise to purchase the meat of the animal after slaughter at a specified price per kilogram, with the actual sale being concluded at the time of weighing the meat — at which point both the quantity of the goods and the total price become known. There is no Sharī'ah objection to this arrangement.
The jurists have stipulated that for a sale to be valid, both countervalues must be present and observable. Al-Khaṭīb al-Shirbīnī, may Allah have mercy upon him, states:
"It is valid to sell a heap of grain whose total measure is unknown to both contracting parties at a rate of one sā' per dirham. This sale is valid because the subject of sale is present and observable, and ignorance of the total price is not harmful since it is known in detail — and uncertainty is thereby lifted."— [Mughnī al-Muḥtāj, Vol.2/P.355]
As for the uḍḥiyyah, the 'aqīqah, and vowed blood sacrifices (al-dam al-mandhūr) — full ownership of the animal must be established prior to slaughter. It is not valid for such animals to be slaughtered while still in the ownership of the butcher. Rather, the animal must be purchased alive and then slaughtered with the intention of uḍḥiyyah or the like. And Allah Almighty knows best.

 
Are the mother's maternal and paternal uncles, and the father's maternal and paternal uncles, considered among the unmarriageable kin (Maharim)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
A mother’s maternal uncle and her paternal uncle, as well as a father’s maternal uncle and his paternal uncle, are all considered among the unmarriageable kin (Maharim). And Allah the Exalted knows best.

Is the prayer of someone who didn`t face Quibla (Ka`ba direction) valid?

All perfect praise be to Allah,The Lord of The Worlds.                                                                                                                                                              Facing the Quibla is a condition for the validity of prayer, and the prayer of the person who hadn`t faced the direction of the Quibla is invalid, and he is obliged to repeat it. And Allah Knows Best.

What does (Whoever fasts Ramadan with faith and seeking reward) mean?

This phrase is part of a hadith in which the Prophet ﷺ said:
"Whoever fasts Ramadan with faith and seeks his reward from Allah, their past sins will be forgiven." [Agreed upon]
The meaning is:
● They fast Ramadan with firm belief that Allah has made it obligatory.
● They fast out of obedience to Allah, knowing they will meet Him.
● They hope for reward from Allah and fast purely out of their faith while seeking His reward.

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