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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

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

I`m a university student. While I was sitting for an exam, the professor caught my fellow student cheating. I heard him telling her to hide the dossier. After the exam, he asked me to testify that I saw her cheating although I heard him telling her to hide the dossier but didn`t see her cheating. What is the ruling of Sharia on this?

All perfect praise be to Allah the Lord of The Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
It was narrated that the Prophet (PBUH) said to a man: "Do you see the sun?" He replied: "Yes." He said: "Give witness in a similar case [which is as clear as the sun], or leave it." [Reported by Al-Baihaqhi in "Sho`ab Al-Eman" pp.10964]. Therefore, it is not permissible to testify about something that you haven`t actually seen. And Allah The Almighty Knows Best.

What is the ruling on exchanging kisses and hugs between husband and wife during the day in Ramadan?

Praise be to Allah The Lord of The Worlds.

It is disliked to kiss one`s wife during the day in Ramadan, and it is recommended to avoid that. And Allah The Almighty Knows Best.

Is it obligatory for a wife who has been abandoned for many years to observe the waiting period (iddah) after her husband passes away?

If her husband passes away, the wife is required to observe the waiting period (Iddah), even if he had abandoned her, because she is his wife and inherits from him, so she must observe the iddah after his death. And Allah Knows Best.

Is it permissible to offer Tahajjud prayer after Witr prayer?

It is permissible to offer voluntary prayer after Witr (An odd number prayer performed between Isha and Fajr) prayer. However, it is desirable that the night prayer be ended with Witr. Therefore, it is desirable for one, who thought that he was most probably going to wake up at night in order to offer Tahajjud, to offer Witr after it, but one, who fears that he might not wake up, should offer Witr before going to bed.

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