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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

What is the ruling on fasting for those with diabetes, heart disease, high blood pressure, kidney disease, or ulcers?

● A sick person who is completely unable to fast is exempted from fasting and must offer fidyah (feeding a needy person), as Allah Almighty says {what means}: "and [in such cases] it is incumbent upon those who can afford it to make sacrifice by feeding a needy person." [Al-Baqarah/184]. They are not required to make up for the missed fasts.
● A sick person who can fast on some days but not others should fast when able and make up the missed days after Ramadan when possible. No fidyah is required in this case.
● If fasting during the long, hot summer days is too difficult for a sick person, but they can make up the fasts during the shorter, cooler winter days, they should break their fast and make up for it when they are able, without fidyah.

Is it required for a discerning child to make the intention at night if they wish to fast?

If a discerning child wishes to fast during Ramadan, they must make the intention at night because intention is one of the pillars of fasting, even though fasting is not obligatory for them.

Is it permissible for a wife to boycott (not to attend to his different needs) her husband?

It isn`t permissible for the woman to boycott her husband unless he is the reason behind that, and it is recommended that both spouses seek the advice of righteous people to make reconciliation.

Is the prayer of someone who didn`t face Quibla (Ka`ba direction) valid?

All perfect praise be to Allah,The Lord of The Worlds.                                                                                                                                                              Facing the Quibla is a condition for the validity of prayer, and the prayer of the person who hadn`t faced the direction of the Quibla is invalid, and he is obliged to repeat it. And Allah Knows Best.

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