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Resolutions of Iftaa' Board

Resolution No.(57): "Ruling on Halalcom Card Issued by Middle Solutions Company (MSC)"

Date Added : 10-02-2016

 

Resolution No.(57): "Ruling on Halalcom Card Issued by Middle Solutions Company (MSC)"

Date:12/10/1422 AH, corresponding to 26/12/2001.

 

The Board has received the following question:

What is the ruling of Islamic Sharia on Halalcom card, which "Middle Solutions Company" intends to put into circulation. For further clarification, I will refer to the following:

The relationship between the company and the client:

The company issues Halalcom card, which enables the client to purchase any product in the company`s possession, or any of its branches in Jordan. After the issuance of Halalcom card to the client, he/she is given a certain number through which each independent act of purchase is dealt with, and each transaction constitutes an independent contract in its own right. The client pays (3%) from the overall value of the invoice, and repays the rest as equal monthly installments, up to (26) as a maximum. Moreover, the client can`t withdraw any cash amounts through this card, it doesn`t authorize him/her to purchase products from other companies, he/she doesn`t pay any interests for the installments, or any other sums added to the overall value of the product`s price, which has the same value whether it was paid for in cash or by installments.

The relationship between Jordan Ahli Bank and the client of the {MSC}.

There is no relationship between the Bank and the {MSC} clients.

As regards the relationship between the {MSC} and the Jordan Ahli Bank:

The Bank issues the above card on the following grounds:

A- Owing to the fact that the Jordan Ahli Bank is the only bank in the H.K.J which is fully qualified to issue and deal with credit cards in line with the instructions of the Jordan Central Bank, it has agreed with the {MSC} to issue cards holding the name of the latter, with the logo "Halalcom" inscribed under the its name. The Bank`s task is to issue these cards. In return, it charges two and a half JDs for each card it issues to  the company`s clients; still, the latter aren`t charged with any amount.

B- Consequently, the Bank doesn`t charge the client or the company with any interest or amounts in return for the issuance of the cards.

C- The Bank is obliged to preserve the credibility of the cards it issues to the company`s clients, and to guarantee that they aren`t tied to cash bonds or deposits.

The above summarizes how these cards, to be put into circulation, operate, hoping that your Fatwa includes the position of Sharia in the following situations:

A- The company sells its products via these cards (Halalcom), where the cash price is paid via installments, and no extra charges or interests is collected in return.

B- The company may buy a product, which it doesn`t have, from the local market upon the client`s request, then sells it to him/her for its cash price through installments after determining the cash price of that product , and at the same time acquainting the client with that price when concluding that deal. This is provided that the profit margin is reasonable and within the proper limits.

Moreover, the client can purchase any of the company`s products through Islamic Murabaha…?

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.

The Iftaa` Board has reviewed the above, and came to realize that the company gives that card to the client who purchases any of its products through an installment-sale contract concluded between the two parties without any interests, and without charging the client with any amounts in return for getting that card.

Having reviewed the letter of the Jordan Ahli Bank`s manager by our Board, in which the former clarified the nature of that card within the letter and how it operates, our view that it doesn`t involve any interests, and that the Bank`s task is to issue it in return for an annual fee paid by the company.

The Installment-sale method adopted by (MSC) via the above mentioned card is permissible so long as it involves zero-interest and complies with the rules of Islamic Sharia. Moreover, it is permissible for the (MSC) to employ Islamic Murabaha provided that it adheres to its Sharia rules and conditions. 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       

    Sheikh Saeid Hijjawi

        Sheikh Na`eim Mojahid

Dr. Wasif Al-Bakhri

     Dr. Yousef Gheezaan

 

 

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Summarized Fatawaa

What is the ruling on congratulating others on the arrival of Ramadan?

Congratulating others on the arrival of Ramadan is permissible.
If someone does it to express their love for worship and the blessings of Ramadan, and congratulates their fellow Muslim, they have done something good.
The Prophet ﷺ said: "Shall I not tell you something that, if you do it, you will love one another? Spread peace (Salam) among yourselves." [Narrated by Muslim]
Giving Salam is a prayer for peace and safety.

If a person enters a mosque and finds the congregation in the final tashahhud, which is more virtuous — joining them or waiting for a second congregation to catch the opening takbīr (takbīrat al-iḥrām)?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If a worshipper finds a congregation that is about to finish its prayer, and he hopes to catch the entire prayer from the beginning with another congregation, it is more virtuous for him to pray with this first congregation and then repeat the prayer with the second one — provided he does not intend to confine himself to a single prayer. If, however, he intends to perform only one prayer, then it is more virtuous for him to wait for the second congregation rather than joining the first, so that he may attain the reward of congregational prayer for every single rakʿah.
Al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, states: "If members of a congregation enter the mosque while the imam is in the final tashahhud, al-Qāḍī Ḥusayn held that it is recommended for them to join him in prayer, and that they should not delay in order to form a second congregation. Al-Mutawallī, however, affirmed the opposite view, and al-Qāḍī's own statement elsewhere supports this latter position, which is the relied-upon view. In fact, it is more virtuous for a person who has missed part of the prayer with one congregation, and who hopes to catch another congregation with whom he can attain the entire prayer within its proper time, to delay so that he may catch it in full with them. This applies when he intends to confine himself to a single prayer; otherwise, it is more virtuous for him to pray with the first group and then repeat the prayer with the others." [Mughnī al-Muḥtāj,Vol. 3/P.186] And Allah the Almighty knows best.

Does vomiting during the day in Ramadan break the fast?

Intentional vomiting is one of the nullifiers of fasting; whoever vomits deliberately breaks their fast.
However, if vomiting occurs involuntarily, the fast remains valid as long as nothing returns to the body cavity (jauf). If anything is swallowed back, the fast is invalidated.
The Prophet ﷺ said: "Whoever is overcome by vomiting does not have to make up the fast, but whoever induces vomiting deliberately must make it up." [Narrated by Abu Dawood and At-Tirmidhi]

What is the ruling of Islamic Law on eating or drinking during the circumambulation?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is disliked (makrūh) to eat or drink during the circumambulation (ṭawāf).
Shaykh al-Islām Imām al-Nawawī states in al-Majmūʿ: "It is disliked to eat or drink during ṭawāf, and the dislikedness of drinking is lighter. Neither of them, nor both together, invalidates the ṭawāf. Al-Shāfiʿī said: 'There is no objection to drinking water during ṭawāf, and I do not consider it sinful; however, I prefer that it be avoided, as refraining from it is more befitting in terms of proper conduct.' Among those who explicitly stated the dislikedness of eating and drinking, and that drinking is the lesser of the two, is the author of al-Ḥāwī."
If, however, a person is in genuine need of drinking, then there is no dislikedness in doing so. In any case, the ṭawāf itself remains valid. And Allah the Almighty knows best.

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