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Resolutions of Iftaa' Board

Resolution No.(183): "Ruling on Combining an Ijarah and a Conditioned Hibah"

Date Added : 15-11-2015

Resolution No.(183)(16/2012) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Combining an Ijarah and a Conditioned  Hibah"

Date: 5/2/1434 AH, corresponding to 19/12/2012 A.D

 

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 aforementioned date, the Board reviewed the ruling of Islamic Sharia on combining the lease contract of a property with a binding promise to grant that property to the tenant after the leasing period ends.

After researching and deliberating, the Board decided the following:

Combining the lease of a property with the promise of granting it (property) to the tenant if the latter complies with the conditions set by the landlord is an example of combined contracts that don`t violate  Islamic Sharia. In addition, there is no Sharia text that forbids the combination of such contracts.

This is because Ijarah (Leasing) is a binding contract whose rent and period are defined and agreed upon by the contracting parties. Similarly, Hibah (Donation/Grant) is a donation contract  which is permissible to be conditioned, as stated by some Hanbalite scholars. Combining them involves no risk since the tenant is able to make full use of the property/house and since he had agreed to the amount of the rent in the first place.

The Malikites` Mufti in Makah, Sheikh Mohammad Bin Ali, passed away in 1367 A.H, stated: "As for examples of Ijarah and Hibah-which are similar to the sale transaction in terms of rulings and conditions- it is permissible to combine any of them with the sale transaction. It is also permissible to combine both of them in one contract because they aren`t contradictory." [Tahtheeb Al-Forooq]

Resolution No.(4/12) of the International Islamic Fiqh Academy states that the above form of transaction is permissible. This has also been confirmed by the Accounting and Auditing Organization for Islamic Financial Institutions/standard (9,8/1) as well as the Fatwa committees in the Muslim World.

All the above is permitted under the condition that the contracting parties abide by the rulings concerning rent throughout the lease period. When applying such transactions, Islamic banks are obliged to comply with all the Sharia standards in this regard. And Allah Knows Best.

 

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

Prof. Dr. Abdulsalam Al-Abbadi / 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

What is the waiting period ('Iddah) for a woman whose husband has passed away, and what is the ruling on her wearing gold?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The waiting period ('Iddah) for a woman whose husband has passed away is four months and ten days for one who is not pregnant. As for a pregnant woman, her waiting period lasts until she gives birth. It is obligatory for her to remain in the marital home, only leaving for a necessity. During this time, it is prohibited (Haram) to display any form of adornment on the body or clothing; this includes wearing kohl, gold, all types of perfume, and dyeing the hair. Likewise, it is prohibited to receive a direct marriage proposal or to marry during this period.
 
It was narrated by Umm 'Atiyyah that the Prophet ﷺ said: 'We were forbidden to mourn for a deceased person for more than three days, except for a husband, for whom the mourning period is four months and ten days. During this time, we were not to use kohl, nor wear perfume, nor wear dyed clothing except for garments made of 'Asb (coarsely dyed yarn). We were, however, granted a concession at the time of purification—when one of us bathed following her menses—to use a small amount of Kust (costus) or Azfar (fragrant substances). We were also forbidden from following funeral processions.' (Narrated by Al-Bukhari). And Allah the Exalted knows best."

What is the ruling on performing ablution (wudu') and ritual bathing (ghusl) with Zamzam water?

It is permissible to perform ablution and ritual bathing with Zamzam water. However, scholars disliked using it for cleaning after relieving oneself (istinja'). And Allah the Almighty knows best.

Do pregnant and breastfeeding women have to fast?

Pregnant and breastfeeding women are required to fast. However, if fasting causes them harm or unusual hardship, they may break their fast but must make up for the missed days later.
If they break their fast solely out of fear for the fetus or the child, then they must both make up the fast and give fidyah (feeding a needy person for each missed day), as the benefit of breaking the fast was only for the child.

What is the ruling on performing the obligatory prayer immediately after the commencement of the Adhan?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to perform the obligatory prayer (Fard) immediately after the commencement of the prayer time. As the Adhan (call to prayer) serves as a sign that the time has entered, it is permissible to pray as soon as the Adhan begins. However, it is recommended (Mustahabb) for whoever hears the Mu’adhin to repeat what he says. If the Adhan occurs while one is already engaged in prayer, he should repeat the words of the Mu’adhin after he has completed his prayer. And Allah the Exalted knows best.

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