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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

Is a woman sinful if she fasts out of shyness from her family while menstruating or in postnatal bleeding?

It is forbidden for a woman who is menstruating or in postnatal bleeding to abstain from food and drink with the intention of fasting. If she fasts out of shyness, she is sinful, as her fast is not valid.
However, if she refrains from eating and drinking without intending to fast, it is not forbidden, but she unnecessarily burdens herself without need.

What is the ruling on giving the expiation of an oath (Kaffarat al-Yamin) to a charity that feeds the poor?

 

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.

It is allowed for a Muslim to appoint a proxy (agent) to distribute the expiation (Kaffarah) on their behalf. Our jurists have explicitly stated the permissibility of delegation (Tawkil) in the distribution of Zakat, Kaffarah, and vows (Nadr).

It is stated in Mughni al-Muhtaj (Vol.3/P.237): 'One has the right to pay the Zakat of their wealth personally... and they also have the right to delegate it.' And Allah the Exalted knows best.

Is it incumbent on a husband to pay the alimony of his wife if she had left him and stayed at her parent`s without his permission?

When a wife leaves her house, and stays at her parent`s without asking her husband, she is considered a Nashiz (wife who refuses to abide by her husband’s orders), and so she doesn`t deserve an alimony.

Is it permissible for the guardian to give Sadaqa (voluntary charity) from the money of the orphans?

It is impermissible for the guardian to donate from the money of the orphans because he is entrusted with the safekeeping of that money, and is prohibited from donating it.

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