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Resolutions of Iftaa' Board

Resolution No.(196): "The Permissibility of Levying Administrative Fees for the Loans Taken from the Governorates Development Fund"

Date Added : 25-11-2015

 

Resolution No.(196)(5/2014) by the Board of Iftaa`, Research and Islamic Studies:

"The Permissibility of Levying Administrative Fees for the Loans Taken from the Governorates Development Fund"

Date: 17/Rabee` Al-Awal/1435 AH, corresponding to 17/2/2014.

 

All perfect praise is due to Allah, The Lord of The Worlds; and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions:

On the above date, the Board reviewed the letter of the Jordan Enterprise Development Corporation, which reads as follows:

The Governorates Development Fund offers financing through an interest-free loan (Hassan), up to (70%) from the overall cost of the enterprise. The loanee is required to repay in installments over a period of eight years, including a two-year grace period. This is in order to re-use that same amount for financing new enterprises to benefit as many individuals as possible. Moreover, up to (10%) of the enterprise`s profit is deducted in case a profit was produced so as to protect the capital of the Fund to guarantee its continuity, because it is usually used for re-loaning, and no profits are redistributed, or given back to the government. In case of loss, the installments of the interest-free loan are to be repaid, without adding any interest, or profit, and it is possible to delay repayment if the loanee is in a hard up and after examining the reasons for his loss. Based on the afore-said, what is the ruling of Sharia as regards this financing mechanism adopted by the Jordan Enterprise Development Corporation?

After researching and deliberating, the Board decided what follows:

Offering loans to owners of small businesses is an accepted act of charity. It achieves comprehensive development, uproots poverty, increases individual productivity, and helps develop the areas where these enterprises are established.

Therefore, the financing mechanism adopted in the above question is an instance of clear Riba (usury) which has been prohibited by Allah, The Almighty, and His Messenger. It is impermissible for the above Fund to receive a percentage from the profits of the enterprises it finances. However, it is permissible to calculate the actual costs of offering these loans and collecting them, such as salaries of employees, paperwork, rent.. etc. but without the smallest addition, and this could be achieved through imposing a fixed amount of administrative fees. These shouldn`t be tied with the loan`s repayment period, or the enterprise`s profit; rather, they should be tied with the costs necessary for securing the continuity of the Fund, without making any profit by the loaning party. In fact, the Jordan Iftaa` Department, the accredited Fiqh assemblies, and the religious institutions have issued many Facosststwas that permit charging the loanee for the administrative fees of the loan since we believe that it  is the most suitable solution from the perspective of Islamic Sharia. We pray that Allah, The Exalted, Favors us and the Fund`s administrative board with success in serving the community and that their business remains within the boundaries of what is lawful. And Allah Knows Best.

 

Chairman of the Iftaa` Board, The Mufti General of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh.

Prof. Hayel Abdulhafeez/ Member

Dr. Yahia Al-Botoosh/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Prof. Mohammad Al-Qudat/ Member

Prof. Abduln`nassir Abu Al Bass`al/ Member

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Zou`bi/ Member

Dr.Wasif Al-Bak`kri/ Member

Dr. Mohammad Khair Al-Esa

 

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Summarized Fatawaa

What is incumbent upon the one offering the sacrifice if, after slaughtering the animal, they discover that one of its internal organs is damaged or diseased?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
The presence of disease or defect in the internal organs of a sheep does not affect the validity of the sacrificial animal, unless the disease leads to the animal becoming emaciated and its meat becoming corrupted.
 
It is stated in al-Iqnā' (2/590) by Imam al-Shirbīnī: "The third disqualifying condition: an animal with a manifest illness — meaning one whose illness visibly results in emaciation and corruption of its meat. However, if the illness is minor and does not produce such effects, it doesn`t affect the validity of the sacrificed animal." And Allah Almighty knows best.

What is the ruling on someone who is uncertain whether he omitted one of the ab‘āḍ of the prayer, such as being uncertain whether he omitted the first tashahhud?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The ab‘āḍ include the middle tashahhud and the qunūt in Fajr prayer — for which sujūd as-sahw (the prostration of forgetfulness) is prescribed if left out. Whoever is uncertain, during the prayer, whether he omitted one of these elements, should proceed on the assumption that he did not perform it, and should perform sujūd as-sahw accordingly.
It is stated in ‘Umdat as-Sālik (p. 63): "If he is uncertain... whether he omitted a specific ab‘āḍ element, or whether he performed sujūd as-sahw, or whether he prayed three or four rak‘ahs — he proceeds on the assumption that he did not do it, and performs sujūd as-sahw."
The original principle (al-aṣl) for someone uncertain about [having performed] the first tashahhud is that he assumes he did not perform it. And Allah, the Exalted, knows best.

What is the ruling if a postpartum woman becomes pure before forty days; are acts of worship obligatory upon her, and is she permissible for her husband?

If the postpartum woman becomes definitely pure before forty days, she must perform the ritual bath and perform acts of worship as a pure woman does. What was prohibited for her also becomes permissible, so she becomes permissible for her husband after her bath. The minimum duration for postpartum bleeding is a moment (an instant), and its usual maximum is forty days. Reaching forty days is not a condition; rather, it is sufficient for the blood to stop or to see the white discharge (qassa bayda'). And Allah the Almighty knows best.

What is the ruling on using a patch to suppress hunger or a nicotine patch while fasting?

Fasting is a great act of worship and one of the pillars of Islam. If people knew the immense reward of Ramadan, they would wish for the whole year to be Ramadan.
Whoever eats Suhoor and breaks their fast according to the Sunnah will not experience extreme hardship, making such patches unnecessary.
However, using these patches does not break the fast because they are not a source of nourishment and do not enter the body cavity (jauf) through an open passage.

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