Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(61): "Dropping an Amount of Postponed Sale in return for Hasting in Payment"

Date Added : 29-11-2015

 

Resolution No.(61): "Dropping an Amount of Postponed Sale in return for Hasting in Payment"

Date: 7/5/1432 AH, corresponding to 18/7/2002

 

The Board received the following question:

What is the ruling of Sharia on dropping an amount of the postponed sale for hasting in paying the bank?

Answer: All the success is due to Allah

The Board is of the view that it is permissible for the bank to drop an amount of the due price of the Murabah in return for the postponed sale for the (asker) as it sees fit provided that it isn`t a regular procedure that it follows with every client, or was initially conditioned in the Murabaha contract, in order to avoid Riba (usury and interest). This is based on the opinion of the jurists who differentiate between a loan and a sale transaction: it is impermissible to drop the due amount of the loan for hasting in paying it.

However, it is permissible to drop the due amount of postponed sale for hasting in paying it as indicated by the later Hanafite jurists such as Abu Asso`ud Afandi and Ibn Abdeen. And Allah Knows Best. Note: kindly refer to resolution no. (56).

 

Chairman of the Iftaa` Board, Chief Justice, Izz Aldeen Attamimi

Dr. Wasif Al-Bakhri

           Dr. Abdulsalam Al-Abbadi

 Dr. Yousef Ghizaan

    Sheikhb Sa`id Hijjawi

        Sheikh Na`iem Mujahid

              Sheikh Mahmood Shwayat

 

 

 

 

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Summarized Fatawaa

What are the Sunnah acts of fasting?

● Delaying Suhoor (pre-dawn meal) as long as there is no risk of Fajr beginning.
● Hastening Iftar (breaking the fast) immediately after confirming sunset.
● Performing I‘tikaf, especially during the last ten nights of Ramadan.
● Reciting the Quran frequently.
● Avoiding idle and useless talk.
● Being generous and charitable.
● Guarding oneself from desires.
● Purifying oneself from major impurity (janabah) before Fajr.

How is the beginning of Ramadan determined?

1. Completing 30 days of Sha‘ban, or
2. Sighting the crescent moon after sunset on the 29th day of Sha‘ban.
It is Sunnah to search for the moon, and it is obligatory to follow the official authorities responsible for announcing it.

What is the ruling of Islamic Law on purchasing a home through conventional commercial banks for those living in the West?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The ruling of Islamic Law on purchasing a home through usurious/interest-bearing loans was previously detailed in Fatwa No. (760). Its summary affirms the prohibition of purchasing homes through interest-bearing loans, based on the general foundational principle of the strict prohibition of Riba (usury). This is the position we hold in devotion to Allah Almighty, and it is the religious edict we convey to the people.
 
As for considering the specific circumstances of a particular country or individual, the questioner must personally consult scholars whom they trust within their country of residence. And Allah Almighty knows best.

I bought an apartment, and I am saving money to pay the remaining balance of its price — is zakāh obligatory on this money?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh is obligatory on all saved/hoarded wealth. Once the total wealth reaches the niṣāb (minimum threshold liable for zakah— equivalent to the value of 85 grams of pure 24-karat gold) and a full ḥawl (lunar year) has elapsed over it, zakāh becomes obligatory at a rate of (2.5%) — even if the wealth is earmarked for basic future needs, and even if the wealth's owner is in debt. Debt does not prevent the obligation of zakāh, nor is it deducted when calculating the zakāh due, based on the general and unrestricted wording of all the Qur'anic verses commanding zakāh, which draw no distinction between someone in debt and anyone else.
It is stated in ‘Umdat as-Sālik, from the books of the Shāfi‘ī school: "If someone possesses exactly the niṣāb, and owes an equivalent amount in debt, zakāh remains obligatory on what is in his possession, and the debt does not prevent this obligation" — meaning, the obligation of zakāh on what is presently in his possession.
The ḥawl (annual cycle) recognized for zakāh, as well as for the other sharī‘ah obligations that Allah, the Exalted, has imposed upon Muslims, is the Hijrī (lunar) year. And Allah, the Exalted, knows best.