Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(18): "Ruling on Islamic Mudarabah for Social Solidarity"

Date Added : 15-12-2015

Resolution No.(18) by the Board of Iftaa`, Research and Islamic Studies: 
"Ruling on Islamic Mudarabah for Social Solidarity"
Date: 10/5/1411 AH, corresponding to 27/11/1990

We have received the following question:

What is the ruling of Islamic Sharia on Islamic Mudarabah (co-partnership) for social solidarity and investment for protecting employers, Rahn (security) and students?

Answer:

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

Over several sessions, the Board has reviewed the above system of Mudarabah. After thorough examination of its particulars pertaining to the protection of employers, Rahn and students, the Board found that they involve no violation to the rules of Islamic Sharia; therefore, it approves them as they are. And Allah Knows Best.

 

Chairman of the Iftaa` Board, Chief-Justice, Mohammad Mohailaan    

The Grand Mufti of Jordan, Izuldeen Al-Tamimi

Sheikh Ratib Az-zahir

Dr. Abdulsalam Abbadi

Dr. Yaseen Daradkeh

Dr. Ahmad Hilayel

Ibrahim Khashan

Dr. Ibrahim Zeid Al-Kilani

 

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Summarized Fatawaa

Is it a condition that a woman should untie her locks while making Ghusl (ritual bath)?

Ghusl from Janabah (ritual impurity), or menstruation obligates that water reaches the roots of the hair in order for the Ghusl to be valid, but if it doesn`t, then hair locks must be untied for water to reach them, and for Ghusl to become valid.

When is Istikharah (guidance prayer) Du`a offered, before Tasleem (saying asalamu alikum warahmatu allah wa barakatuh to end the prayer), or after it?

It is offered after Tasleem.

What is the ruling of Islamic Law on selling gold or silver in installments or for a differed price?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is prohibited (haram) to sell gold or silver in installments or for a deferred price; rather, immediate hand-to-hand exchange (Taqabud) is mandatory, otherwise, it is considered usury (Riba). The Messenger of Allah ﷺ said: 'Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt—like for like, hand to hand. Whoever increases or asks for an increase has engaged in Riba; the receiver and the giver are the same in this regard.' (Narrated by Muslim). Furthermore, when exchanging new gold for used gold, they must be of equal weight, or it falls into Riba.
 
The permissible solution (al-makhraj) is for the merchant to purchase the used gold for cash first, and then sell the new gold for cash in a separate transaction. However, the price must be paid during the sitting of the contract (Majlis al-Aqd) for both deals. Alternatively, the jeweler may take the used gold with the intent of remodeling or repairing it, and then charge a fee for the craftsmanship or repair work. And Allah the Exalted knows best."

When does the time for the 'aqīqah lapse and pass?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
If the guardian was financially capable (mūsir) during the majority of the postnatal period (nifās) — which is sixty days — then the obligation of the 'aqīqah remains upon him until the child reaches the age of maturity (bulūgh). Once the child reaches maturity, the demand falls away from the father and those like him. At that point, it becomes Sunnah for the child himself to perform the 'aqīqah on his own behalf.
However, if the guardian was financially incapable (mu'sir) during the postnatal period, and then became financially capable after its expiry — that is, after sixty days — the 'aqīqah is no longer required of him. And Allah Almighty knows best.