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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 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."

Who is the "Capable Person" for whom the Udhiyah is prescribed?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Capable Person (Al-Qadir): is the one who possesses wealth in excess of their own basic needs and the needs of their spouse, children, or anyone they are responsible for supporting, during the day of Eid and the three days of Tashreeq; as this period constitutes the designated time for the sacrifice. And Allah the Exalted knows best.

What is the ruling on discharges two or three days before the expected period of menstruation and the light-colored blood accompanying it? Must the woman abstain from prayer during this period?

If the total duration of these blood-tinged discharges reaches a day and a night (24 hours) or more, it is considered menstruation. If their total does not exceed 24 hours, it is not considered menstruation but is irregular bleeding (dam al-fasad). Each woman has specific cases for which she should ask the scholars. And Allah the Almighty knows best.

What is the ruling on someone who dies while having missed fasts?

● If a person dies before having the opportunity to make up the missed fasts—such as someone whose excuse (e.g., illness) persisted until their death—then no makeup fast (qada), fidyah, or sin applies to them.
● However, if they had the ability to make up the fasts but did not do so before passing away, the missed fasts must be compensated by giving a mudd of food for each missed day from their estate.
The Prophet ﷺ said: "Whoever dies while having a month’s fast due, one needy person should be fed per day on their behalf." [Narrated by At-Tirmidhi]
Additionally, a guardian (wali) may fast on their behalf, as the Prophet ﷺ said: "Whoever dies while having missed fasts, their guardian should fast on their behalf." [Narrated by Al-Bukhari and Muslim]
In another narration: "If they wish." This indicates that both feeding the needy and fasting on behalf of the deceased are permissible options.

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