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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

What is the expiation for perjury?

One who commits perjury should repent, seek Allah`s forgiveness and offer an expiation which is: feeding ten indigent persons, or clothing them, or giving a slave his freedom, but if that is beyond his means then, he should fast for three days. Allah, The Almighty, Says in this regard (What means): "Allah will not call you to account for what is futile in your oaths, but He will call you to account for your deliberate oaths: for expiation, feed ten indigent persons, on a scale of the average for the food of your families; or clothe them; or give a slave his freedom. If that is beyond your means, fast for three days. That is the expiation for the oaths ye have sworn. But keep to your oaths. Thus doth Allah make clear to you His signs, that ye may be grateful." [Al-Ma`idah/89].

What is the meaning of the Prophetic statement that a boy is held in pledge (murtahan) for his 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The first interpretation: That if the boy dies in infancy without an 'aqīqah having been performed on his behalf, he will not intercede for his parents on the Day of Resurrection. This is the position of Imam Aḥmad ibn Ḥanbal, and Imam al-Khaṭṭābī concurred with him, stating: "The finest of what has been said regarding this matter is the position adopted by Aḥmad ibn Ḥanbal." — [Fatḥ al-Bārī by Ibn Ḥajar,{Vol.9/P.594]
The second interpretation: That the child is likened to a pledged object (marhūn) — one from which full benefit and enjoyment cannot be derived until it is redeemed. A blessing is only made complete upon the one blessed when they fulfil the obligation of gratitude (shukr), and the prescribed expression of gratitude for this particular blessing is what the Prophet ﷺ established as Sunnah — namely, the slaughtering of the 'aqīqah on behalf of the newborn as an act of thankfulness to Allah the Almighty and as a supplication for the wellbeing and safety of the child. This is the position of Mullā 'Alī al-Qārī. See: [Mirqāt al-Mafātīḥ Sharḥ Mishkāt al-Maṣābīḥ, Vol.7/P.2688]
And Allah Almighty knows best.

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 should a person who was favored from Allah with a newborn, but couldn`t afford an Aqeeqah, do?

Aqeeqah (the sheep slaughtered on the seventh day from the child`s birth) is a desirable Sunnah for the financially able since Allah, The Exalted, charges not a soul beyond its capacity. Therefore, if the father couldn`t afford the Aqeeqah before the end of his wife`s confinement, then it isn`t due on him, and if he was able to afford it later on, then it is permissible, but if he didn`t until the child reached puberty, the latter can offer the Aqeeqah himself.

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