Resolutions of Iftaa' Board



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

Is Zakah (obligatory charity) due on land intended for selling?

Yes, lands intended for trade are valued, and Zakah is paid according to their estimated value after a lunar year had lapsed, but if the owner didn`t pay the due Zakah, then he should do so after selling them.

What is the ruling on someone who vowed to fast for two consecutive months, but failed to do so?

He is obliged to fulfill his vow by fasting for two consecutive months, but if he fails to do so then, it remains a debt on him until he either fulfills his vow, or dies. In case of his death, his guardian is supposed to fast on his behalf, or donate food from his estate in return for fasting, but if the guardian fails to do so then, it is all in the Hands of Allah.

I`m a building contractor. I have been building a house for a client, but the construction process stopped for some reason. Unfortunately, currently, prices of materials have multiplied, is it allowed for me to demand an increase in the agreed price?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
It is more appropriate to approach the client and try to reach a mutually satisfactory solution. And Allah The Almighty Knows Best.

Is a person who is in a state of Janabah (major ritual impurity due to having a marital intercourse, ejaculation, menstruation, and post-delivery impurities) sinful if he/she goes about his/her daily life activities in that state i.e. without making Ghusl (ritual bath)?

It goes without saying that a Muslim should always be in a state of ritual purity so as to be able to perform prayers and recite Quran. It is from Sunnah (Prophetic tradition) that a Muslim hastens to make Ghusl from Janabah, but he/she is not sinful in case he/she delayed that provided that he/she doesn`t miss prayers. However, it is permissible for him/her to go about their daily activities while in a state of Janabah, but had better bathe in order not to miss any prayer.