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.

 

Decision Number [ Previous | Next ]


Summarized Fatawaa

What are the Sharia consequences when the sacrificial time for the uḍḥiyyah comes to an end?

 
 
 
 
 
 

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
If the sun sets on the final day of Tashriq (the 13th of Dhu al-Hijjah) and the Udhiyah (sacrificial animal) has not yet been slaughtered, its designated time has expired. Should a person slaughter it after this point, it will not be counted as an Udhiyah.
 
However, if the sacrifice was a vowed one (Mandhurah), they are strictly obligated to slaughter it as a makeup act (Qada’), and its meat must be distributed entirely according to the rules governing vowed sacrifices.
 
It is stated in Bushra al-Karim (p. 702): "If one slaughters after sunset on the final day [of Tashriq]... it does not count as an Udhiyah, unless it was a vowed sacrifice, in which case it is fulfilled as a makeup act (Qada’)." And Allah the Almighty Knows Best.

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

Does swallowing a fly, road dust, or flour dust break the fast?

A fasting person does not break their fast if something enters their body cavity against their will, such as a fly, road dust, or flour dust.

What should a person, who doubts the validity of his Wudu, or over performs it, do?

One who doubts the validity of his/her Wudu while performing it should redo it until he/she is certain of having attained purity. But, if doubt was after having performed Wudu, then he/she should not pay attention to that as doubt after the end of an act of worship does not count. This is of course in case doubt was within the reasonable limits since once it goes beyond that, it becomes a whispering of the Shaytaan (devil) which he/she should ignore as the Wudu is valid.