Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Date Added : 12-11-2015

Resolution No.(182)(15/2012) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Linking the Rent with a Changing Parameter"

Date: 23/12/1433 AH, corresponding to 8/11/2012 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.

On the above given date, the Board reviewed  linking the rent with a changing parameter.

After researching and deliberating, the Board decided what follows:

Linking rents with changing parameters is one of the modern forms employed by markets to overcome the fluctuation of prices; particularly, long term rents where prices of apartments vary and values differ in accordance with the factors affecting the market.

Therefore, the Board sees no harm in linking the rent with a specific parameter by which the contracting parties are governed when determining the amount of the rent at the beginning of long term leases, because it averts dispute and deception.

Since Muslim scholars have permitted hiring a worker in return for food and clothing, hiring a reaper in return for a fixed amount of the crop as well as selling and leasing according to the market price, or the standard price, then it is axiomatic that it is permissible to lease items (apartments, cars...etc.) against a rent which is linked with a certain financial parameter. And Allah Knows Best.

 

The Grand Mufti of Jordan / His Eminence Sheikh AbdulKareem al-Khasawneh

Prof. Hail Abdul Hafeez / Member

Prof. Abdulnasser Abulbasal / Member

Dr. Yahia al-Botoosh / Member

Sheikh Sae`id Hijjawi / Member

Dr. Wasif al-Bakhri / Member

Prof. Mohammad al-Qhodat / Member

Dr. Mohammad Al-Khalayleh / Member

Dr. Mohammad Khair Al-Esa / Member

Dr. Mohammad  al-Z`obi / Member

 

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Summarized Fatawaa

An Imam stood to offer a fifth Rak`ah in a four-Rak`ah prayer, and he was reminded to sit by those behind him, but he wouldn`t listen. What is the ruling on those who followed his lead knowingly and intentionally?

If the Imam stood to offer a fifth Rak`ah, those praying behind him shouldn`t have approved of that, and the prayer of those who did is considered null and void.

How to pay Zakah (obligatory charity) due on articles of merchandise?

Articles of merchandise are estimated by their whole sale market price at the end of each lunar year, and (2.5%) of their value is paid as Zakah whether it (value) went up, or down compared to actual purchasing price, and whether the increase (profit) was in the article itself such as an increase in the animal`s weight, or in the prices themselves. And Allah Knows Best.

What is the ruling on staring at the Holy Ka'abah?

All perfecy praise be to Allah, The Lord of The Worlds and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.

Staring/looking at the Holy Ka'abah is an act of worship even if this took place while performing a prayer, since Al-Baihaqee stated that the Prophet (PBUH) said: " Staring at the Holy Ka'abah is an act of devotion." [Sho'aab Al-Imaan]. And Allah Knows Best.

 

My mother inherited a share from my late father`s and brother`s property; however, the inheritance, a piece of land, wasn`t divided amongst the eligible heirs because it was hard to sell. While alive, she used say that she wanted these shares to be distributed amongst the poor and needy. What is the ruling of Sharia on this?

All perfect praise be to Allah, the Lord of the worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.
This is a will, so we have to consider the estate she had left behind. If the piece of land, which she had willed, equals one third and less of her estate, then the will must be executed. But, if it is more than one third, then one third must be executed and the rest of the estate, if the heirs agreed, is to be executed  as part of her will as well. However, if the heirs haven`t approved of that, then what remains, excluding that one third, must be divided amongst them according to the Islamic rules of inheritance. Moreover, we recommend that you pay a visit to the Iftaa` Department to make things clearer for you. And Allah The Almighty Knows Best.