Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(98): "Ruling on the Statute of Al-Ballorah Assakhina Employees` Association"

Date Added : 08-12-2015

 

Resolution No.(98) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on the Statute of Al-Ballorah Assakhina Employees` Association"

 

 

We have received the following question:

What is the ruling of Islamic Sharia on the statute of Al-Ballorah Assakhina Association?

Answer: All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

Having reviewed the statute of the above association, the Board is of the view that article four of the annexed statute must be amended. It originally stated:

"A member of the association shall be responsible for paying the price of the commodity after examining it and agreeing with the seller on the price, and he shall not hand the money to the beneficiary whatever the case may be."

The Board believes that this article must be rewritten as follows: "The association shall deputize one of its members to purchase the commodity required by the beneficiary after examining it and paying its price to the seller. Once the association takes possession of the commodity, it shall resell it to the beneficiary."

The Board have demanded this amendment because it isn`t permissible for the association to sell the commodity to the beneficiary except after purchasing and taking possession of it so as to avoid the suspicion of Riba (usury/interest), as indicated in the following Hadith narrated by Hakim Bin Hizam: "I bought some food and made food and made a profit on it (by selling it) before I took possession of it. I came to the Messenger of Allah and told him about that and he said: "Do not sell it until you take possession of it." {Narrated by Ahmad in his Mussnad, vol.3/pp.402}. And Allah Knows Best.

 

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Summarized Fatawaa

It was found out that a man divorced his wife for the third time in 2005, but they continued cohabiting as man and wife. However, when they realized that what they were doing was unlawful, they came the Iftaa` Department in 2009 and were told that they can`t be together. What is the position of Sharia on this couple?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Her Iddah* period starts after the third divorce. As for the continued cohabitation, it is unlawful because being ignorant about the rulings of Sharia while in Dar Al-Islam* is no valid excuse. If a baby came as the fruit of this unlawful consummation of marriage, then a judge of Sharia has the final say in this regard because lineage is a serious matter. And Allah The Almighty Knows Best.
* ʿIddah: a specified period of time that must elapse before a Muslim widow or divorcee may legitimately remarry. The Qurʾān (Sura,2/verse,228) prescribes that a menstruating woman have three monthly periods before contracting a new marriage; the required delay for a nonmenstruating woman is three lunar months.
* Dar Al-Islam: designates a territory where Muslims are free to practice their religion, though this often implies the implementation of Islamic law, whereas Dar al-Harb represents those lands ruled by non-believers

Is it permissible for a woman to adorn herself with kohl (eyeliner) and go out wearing it?

Kohl is a form of adornment, and it is forbidden for a woman to display her adornment to anyone other than her husband or a Mahram. And Allah Knows Best.

Is it incumbent on a family to provide for its old handicapped son and take care of him?

The family and relatives - e.g. brothers - of such a person are obliged to spend on him and take care of him if he didn`t have money of his own.

Is it permissible for a woman who broke fasting due to a delivery to pay a ransom?

She should make up for the missed fasting days once she becomes ritually pure, but it is impermissible for her to pay a ransom while being able to fast.