Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Date Added : 23-02-2016

 

Resolution No.(108) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on the Islamic Murabaha Employed by the Association of  Jordan Fertilizers Company Employees"

Date: 26/4/1427 AH, corresponding to 24/5/2006 AD.

 

 

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.

Having reviewed the trading method employed by the above association, Aqaba branch, the Board made the following remarks:

First: Article (4) "Remarks"

Paragraph(W) states:

According to the method of dealing with the above association, merchants are divided into two kinds:

1) A recognized Merchant:

 He is the one with whom the association reaches an agreement whereby any purchase transaction, from him, is to be conducted through the association, whether directly or by the purchaser himself. By virtue of this agreement, the association is granted a discount against each invoice (a discount in favor of the company, not the purchaser). The agreement also includes settling the amounts due to the merchant in return for trading with him.

 2) An Unrecognized Merchant:

He is the one with whom the association has no trading agreement.

The Iftaa` Board believes that trading with the above recognized merchant violates the sale of Islamic Murabaha in two ways:

First: It isn`t permissible for the purchaser to conclude the contract with the merchant first hand; rather, he must conclude it with the association 

so as for it to buy him the item he wants.

Second: The sale must be conducted between the association and the purchaser with a Murabaha percentage, to be agreed upon by both parties, from the actual price it had paid for the commodity. In other words, without adding the discount percentage offered by the merchant to the association.

Second: Article (5-2), Paragraph (C).

This paragraph stated, "After that, the association`s representative goes to the merchant, owner, to inspect the commodity, then demands delivering it to the purchaser….."

The Board believes that this sale method is impermissible, because it isn`t permissible for the association to sell the commodity to the purchaser, save after it receives it through its representative, and it becomes in its possession and guarantee. After that, it should sell it to the purchaser, then hand it to him, not to demand the merchant to do that.

Third: Article (5-5), paragraph (B):

This article states: "Assignment of the car/ real estate/ as certified at the Traffic Department or the Lands` Registration Department, and registering it in the name of the purchaser………….." 

The Iftaa` Board is of the view that this form of sale isn`t permissible, because the association must possess the car/real estate, and register it, in its name, at the specialized departments (Traffic and Lands Depts.), then sell it to the purchaser, and register it in his name. This is because the Prophet (PBUH) has forbidden selling an item which isn`t in the seller`s possession.

Fourth: Article (5-5), paragraphs( C and D):

These articles stipulate registering the car/ real estate in the name of the purchaser at the above Departments, then the association delivers them to the purchaser.

As indicated above, the Board is of the view that the association is obliged to possess the car/ real estate first, through registering them in its name, at the specialized Departments, then sell them to the purchaser, and register them in his name at the aforementioned Depts. This is because the Prophet(PBUH) has forbidden selling an item which isn`t in the seller`s possession. 

Moreover, remark No.(1), paragraph (D),(5-5), which states: "The real estate is assigned to the association, which has the right to make use of it as a utility or sell it through a verbal agreement with the seller prior to officially assigning it to the purchaser." The Board believes that such an agreement can`t replace the actual possession of the real estate by the association and its registration at the specialized departments.

Fifth:  Article (5-8):

This article addresses trading in services, such as cellular telephone lines and payment of school fees. The Board believes that this kind of trading isn`t permissible, because  Islamic Murabaha pertains to products, and not services. And Allah Knows Best.

 

 

 

Chairman of the Iftaa` Board, Chief Justice, Dr. Ahmad Hilayel
Dr. Yousef Ghizan/Member
Dr. Abdulmajeed Assalaheen/Member
Sheikh Sa`ied Hijjawai/Member
Sheikh Abdulkareem Khasawneh/Member
Sheikh Na`iem Mojahid/Member
Dr. Wasif Albakhri/Member

 

 

 

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Summarized Fatawaa

It is stated in the Noble Quran that pork is forbidden for Muslims. Why is that so?

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.
To Allah belongs the dominion of the heavens and the earth and He makes certain things allowed for us, while others are declared prohibited. Consequently, He the Almighty wouldn`t make something prohibited unless it is harmful;  whether we are made acquainted with the reason or not. Moreover, medical doctors have stated that there are many harms for pork. And Allah The Almighty Knows Best.   

Is it permissible to offer prayer at home, or should it be offered in the mosque?

All perfect praise be to Allah, The Lord of The Worlds.                                                                                                                                                                      It isn`t preferable for the man to pray at home as praying in the mosque is twenty seven times more rewarding. Therefore, this should motivate him to offer prayers in the mosque. And Allah Knows Best.

I have vowed that if Allah gave me what I wanted so bad, I would fast every Monday and Thursday to the rest of my life; unless there is a valid excuse hindering me from doing so. Fortunately, Allah gave me what I wanted, so I started fasting Mondays and Thursdays; however, I stopped out of laziness. What is the Sharia ruling on this?

All perfect praise be to Allah the Lord of the Worlds. May Allah`s peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
Allah The Almighty described the righteous people of Jannah where He Said (What means): "They perform (their) vows, and they fear a Day whose evil flies far and wide." [Al-Insan/7]. Accordingly, you must do your best to fulfill your vow. However, if you are unable to do so, then feed a poor person for every missed day of fast (About half a JD), and if you are unable to do that, then offer expiation for breaking a vow, which is feeding ten poor Muslims (About half a JD for each), ask Allah for forgiveness and increase remembrance of Him. And Allah The Almighty Knows Best.
 

Who is "the poor" entitled to receive Zakah (obligatory charity)?

The poor is the one who has neither money nor a source of living, or has either of them, but it isn`t sufficient such as being in need for a hundred/JDs, and having an income of forty/JDs only.