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Resolutions of Iftaa' Board

Resolution No.(54): "Amending the Act of the Post Office Savings Bank"

Date Added : 27-01-2016

 

Resolution No.(54): "Amending the Act of the Post Office Savings Bank"

Date: 15/8/1422 AH, corresponding to 31/10/2001 AD.

 

The Board has received the following question:

What is the ruling of Sharia on the articles of the post office savings bank act, and any recommended amendments?

After extensive deliberations, the Board decided what follows:

Article (3), Paragraph (B):

(The above savings bank accepts the invested funds, employs them, and gives them back to their owners in accordance with the regulations of this act. It is also allowed to accept funds allocated for investment through a special agreement with the financing party).

The Board is of the view that the following phrase should be added to this paragraph (All of which must adhere to the rules of Islamic Law)

Article (12), Paragraph (B):

(The Board may invite anyone to its meetings for consultation purposes regarding issues presented to it)

The Board is of the view that this article should be amended to read as follows:

(The savings bank has the right to decide investing its reserve, and that the made profits are automatically added to its account, which has accumulated over the years).

The Board is of the view that the word (benefits) stated in this article should be replaced with (profits).

Article (68):

(The Board may, with the approval of the cabinet, lay down the regulations needed for putting the rules of this act into effect).

The Board is of the view that this article should read as follows:

(The Board shall issue the regulations needed for implementing the rules of this act). And Allah Knows Best.

 

Iftaa` Board

Chairman of the Iftaa` Board, Chief Justice, Izz Al-Deen Al-Tamimi
            Dr. Mohammad Abu Yahia
           Dr. Abdulsalam Al-Abbadi
    Dr. Yousef Gheezaan

Dr. Wasif Al-Bakhri
   Sheikh Saeid Hijjawi
       Sheikh Na`eim Mojahid

 

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Summarized Fatawaa

What is the ruling on a person in a state of major impurity (junub) or a menstruating woman (ha'id) reciting the Quran from memory?

It is not permissible for a menstruating woman, a postpartum woman, or a person in a state of major impurity to recite anything from the Quran, whether from memory, from the Quran, from a phone, or a computer. It is also not permissible for them to touch the Quran, based on what was reported from Ali bin Abi Talib that the Prophet (peace be upon him) was not prevented from anything regarding the Quran except major impurity (janabah). (Reported by al-Tirmidhi who said it is a hasan sahih hadith). Menstruation and postpartum bleeding are analogous to major impurity (janabah) as they are all major impurities (hadath akbar).
For those mentioned, it is permissible to mention Allah and supplicate even with verses from the Quran, provided they do not intend them as recitation of the Quran, but intend them as remembrance (dhikr) or supplication (du'a). And Allah the Almighty knows best.

Is the one who gives up on marriage because he can`t afford it considered sinful?

Marriage is desirable, but one who can`t afford it isn`t considered sinful. However, he should supplicate to Allah, and seek His forgiveness.

When is supplication (du‘a) more likely to be accepted: before or after breaking the fast in Ramadan?

Du‘a is accepted at all times, and this is part of Allah’s mercy and generosity toward His servants.
The Prophet ﷺ said: "No Muslim makes a supplication that does not involve sin or severing family ties except that Allah grants them one of three things: either He grants their supplication immediately, or He stores it for them in the Hereafter, or He averts from them an equivalent harm." [Narrated by Ahmad]
However, in Ramadan, du‘a is especially likely to be accepted shortly before breaking the fast.
The Prophet ﷺ said: "Three supplications are never rejected: the supplication of a fasting person until they break their fast, the supplication of a just leader, and the supplication of an oppressed person. Allah raises it above the clouds, opens the gates of heaven for it, and says: ‘By My might, I will surely grant you victory, even if after a while.’" [Narrated by Al-Tirmidhi]

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."

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