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 is the ruling on Jumu‘ah (Friday) prayer for a traveler, and what are the conditions for it to be waived from him?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Jumu‘ah (Friday) prayer is not obligatory upon a traveler, whether on a long or short journey, provided that — according to the Shāfi‘ī school — he departs from his place of residence before the time for Fajr prayer begins, and that he does not intend to stay in the place he travels to for four days or more, excluding the day of arrival and the day of departure. If he intends to stay longer than that, he may not make use of the travel concession simply by arriving in that town. If he begins his journey after the adhān for Fajr has already been called, then Jumu‘ah prayer remains obligatory upon him, whether in his own town or in any town where Jumu‘ah is being held.
It is stated in Bushrā al-Karīm (Vol.1/p.383), from the books of the Shāfi‘ī school: "Jumu‘ah [prayer] is not obligatory upon a traveler on a permissible journey, whether long or short, if he departs from his place of residence before Fajr."
A "short journey" refers to travel covering a distance shorter than that of a long journey — that is, less than (81 km). The traveler begins to be entitled to travel concessions once he passes beyond the built-up limits of his town. And Allah, the Exalted, knows best.

Is it permissible to consume the meat of a sacrifice (Dhabihah) offered as an act of devotion to Allah, seeking His protection for my family?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to eat from this sacrifice, and the reward [for it] is according to what is given to the poor. And Allah the Exalted knows best.

Is it permissible to slaughter a single sheep with the combined intention of both the uḍḥiyyah and the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
According to Shaykh al-Islām Imam Ibn Ḥajar al-Haytamī, it is not permissible to combine the intention of the uḍḥiyyah and the 'aqīqah in a single animal, as each of the two has a distinct and separate cause that differs from the other.
However, Shaykh al-Islām Imam al-Ramlī permitted the combining of both intentions in a single animal — and this position offers a degree of latitude and ease. And Allah Almighty knows best.

Can Zakah or Zakat al-Fitr be given to a poor brother?

Yes, it is allowed to give Zakah or Zakat al-Fitr to a poor brother, as he is considered among the eligible recipients.