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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 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.

What is the ruling if hemorrhoid blood exits after completing ablution?

If this blood is exiting from outside the anus (due to the hemorrhoid protruding), it does not invalidate ablution, because blood exiting from the body from other than the two orifices does not invalidate ablution. If it exits from the anus (meaning from inside it), it invalidates ablution, and one must perform istinja' from it, wash the area of impurity, and repeat the ablution.
However, if this blood exits continuously such that no time remains sufficient for purification and prayer without it flowing, then it takes the ruling of urinary incontinence (sals al-bawl). One then cleanses from it after the time for each prayer enters, performs ablution immediately thereafter, and performs the obligatory prayer immediately. There is no liability upon him after that if something of it flows, and he may pray as many voluntary prayers as he wishes. If he wants to pray another obligatory prayer, he must cleanse himself and perform ablution. And Allah the Almighty knows best.

Who is required to give fidyah for fasting?

Fidyah—feeding one needy person for each missed fasting day—is required for:
1. Those who are permanently unable to fast, such as:
○ Elderly men and women who are too weak to fast.
○ People with chronic illnesses that have no hope of recovery.
2. Pregnant or breastfeeding women who break their fast out of fear for their child (fetus or infant).
3. A person who delays making up Ramadan fasts (qada) until the next Ramadan begins, without a valid excuse.
4. The estate of a deceased person who had missed obligatory fasts and had the ability to make them up but did not do so.

Is it permissible for a wife to boycott (not to attend to his different needs) her husband?

It isn`t permissible for the woman to boycott her husband unless he is the reason behind that, and it is recommended that both spouses seek the advice of righteous people to make reconciliation.

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