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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

What husband's stand should be, if his wife disagrees with his mother?

Both the mother and the wife have rights on you (Questioner); therefore, you are obliged to treat both justly, resort to wisdom to please both and intiate reestablishing cordial relations among them. And Allah Knows Best.

Is it permissible for a woman who is observing `Iddah (waiting period) due to the death of her husband to travel for performing Umrah (Minor Hajj)?

A woman observing `Iddah of a revocable (Rajee`) divorce isn`t allowed to travel for Umrah except with the consent of her husband.

Generally speaking, I`m dutiful to my mother and opt for obeying her. However, she chose a certain girl to be my future wife, but I`m not pleased with her choice although that girl comes from a good family and enjoys good character. Should I obey my mother or choose another girl that lives up to my expectations?

Praise be to Allah the Lord of the Worlds.

One must obey their parents in whatever is in compliance with the teachings of Sharia and within one`s capacity. However, you aren`t to blame for not marrying that girl, but it is better that you tell your mother about that and it is preferable that you perform Istikharah prayer. And Allah The Almighty Knows Best.

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

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