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Resolutions of Iftaa' Board

Resolution No.(157): "Ruling on Supervising the Construction of Dwellings Funded by Non-Islamic Banks"

Date Added : 02-11-2015

Resolution No.(157)(23/2010) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Supervising the Construction of Dwellings Funded by Non-Islamic Banks"

Date: 17/1/1432 AH, corresponding to 23/12/2010 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 twelfth session held on the above date, the Board reviewed the following question: 

I have an engineering office where I receive people who wish to construct buildings. They fall into two categories:

First: Those who have obtained usurious loans to construct a building and seek my supervisory services.

Two: Those who ask me to provide them with a construction plan and a cost the intended buildings to submit them to one of the non-Islamic banks to receive a usurious loan.

After prolonged deliberations, the Board decided what follows:

It is permissible for you to supervise the dwellings of the first category since it doesn`t involve any kind of usury as you charge a wage in return for your work.

As regards the second category, it is impermissible for you to supervise their buildings because doing so helps in committing usury. Allah Said 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-Ma`idah/2}. 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 for the person who hasn`t made wudu` (state of minor ritual impurity) to perform the Adhan?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is disliked (Makruh) for a person in a state of minor ritual impurity (Hadath Asghar) to perform the Adhan. However, if he does so, his Adhan is considered valid and fulfills the sunnah of the Adhan despite it being disliked. And Allah the Exalted knows best.

What is the ruling on offering an Udhiyah on behalf of another with their permission?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible for a person to offer a sacrifice (Udhiyah) on behalf of someone else with their permission, even if the person performing it has not offered a sacrifice for themselves. It is stated in Sharh Manhaj al-Tullab (Vol.5/P.261) by Zakariya al-Ansari: "No one may offer a sacrifice on behalf of another without their permission... as opposed to when permission has been granted." And Allah the Almighty knows best.

A woman became pure [from menstruation] before Fajr, but did not perform ghusl until after sunrise — what is the ruling on her fast?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Her fast is valid, since ghusl (ritual bathing) is not a condition for the validity of the fast, but rather for the validity of the prayer. However, she is sinful for delaying the Fajr prayer beyond its designated time without a valid excuse.
It is known that the time for Fajr prayer ends at sunrise. Nevertheless, she must still perform ghusl, and make up the Fajr prayer. And Allah, the Exalted, knows best.

In the Sharia-compliant viewing  at a prospective bride (*al-naẓrah al-sharʿiyyah*), is it permissible for the man to see the woman without a veil (*ḥijāb*)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is sunnah for the suitor to see the woman he is seeking to marry within the limits the Sharīʿah permits, namely looking at the face and the hands (palms and backs), based on the saying of the Prophet (peace and blessings be upon him): “Look at her, for it is more likely to bring about harmony between you.” Narrated by al-Tirmidhī.
The suitor may also ask one of the women to look at the woman he is seeking to marry. In that case, she is permitted to see of her what she is normally permitted to see, which is not limited to the face and hands, and she then describes these matters to the suitor. It is narrated on the authority of Anas (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) sent Umm Sulaym to look at a girl, and said: “Smell her breath, and look at her heels.” Narrated by Aḥmad in his Musnad.
It is stated in Tuḥfat al-Muḥtāj (Vol.7/p.192): “For one who cannot easily look, or does not wish to look himself, it is sunnah to send someone who is permitted to look at her, to observe her and describe her to him, even regarding what he himself is not permitted to look at. He thereby gains through the sending what he would not gain through looking. Because of the added need for this, it is excepted from the prohibition of a woman describing another woman to a man.”
The permissibility of looking is conditional upon his resolve to marry her once he is able to, his predominant assumption that his proposal will be accepted, and his assumption that the woman is free of marriage and of a waiting period (ʿiddah). Otherwise, looking is forbidden.
Accordingly, it is not permissible for the suitor to look at anything other than the face and hands. He may ask one of his maḥram women, such as his mother or sister, to see the woman unveiled, and the Sharia-compliant viewing (of a prospective bride) must take place in the presence of one of the woman’s maḥrams. And Allah Almighty knows best.

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