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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

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 ruling on making a false oath?

Making false oath indulges its maker in Hell; therefore, he is obliged to repent, ask Allah for forgiveness and make an expiation; feeding 10 poor or providing clothes for them and in case of incapability of doing any of latters he should fast for 3 consecutive days. And Allah Knows Best. 

What is usually said upon the slaughtering of the Aqeeqah (the sheep slaughtered on the seventh day from the child`s birth)?

It is desirable to say: "Bismillah Alrahman Alraheem, was`salatu Wa s`salamu Ala Sa`idenah Mohammad, O Allah, this Aqeeqah is from You and to You on behalf of ….."

My father placed shares worth twenty dinars in one of the banks, and their value doubled to become five thousand dinars. When my father passed away, one of the scholars told us that it is permissible for us to take the money. What is the ruling on this money, considering that it comes from a bank and involves interest (Riba)?

Allah The Almighty Said (What means): "And if you repent, then for you is the principal of your wealth. You do not wrong, nor are you wronged." [Al-Baqarah/279]. This is the precautionary ruling regarding what you are asking about. You are entitled to the principal amount, and you should give the excess as charity to the poor and needy. If you are poor, you may take from it. And Allah The Almighty Knows Best.

Generally speaking, I`m dutiful to my mother and opt for obeying her. However, she chose a certain girl to be my future wife, but I`m not pleased with her choice although that girl comes from a good family and enjoys good character. Should I obey my mother or choose another girl that lives up to my expectations?

Praise be to Allah the Lord of the Worlds.

One must obey their parents in whatever is in compliance with the teachings of Sharia and within one`s capacity. However, you aren`t to blame for not marrying that girl, but it is better that you tell your mother about that and it is preferable that you perform Istikharah prayer. And Allah The Almighty Knows Best.

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