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Resolutions of Iftaa' Board

Resolution No.(108): "Ruling on the Islamic Murabaha Employed by the Association of Jordan Fertilizers Company Employees"

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

The Prophet ﷺ said: "There will emerge from my nation people who will drink the Qurʾān as they drink milk" — is this ḥadīth authentic, and what does it mean?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
ʿUqbah ibn ʿĀmir, may Allah be pleased with him, narrated that the Messenger of Allah ﷺ said: "There will emerge from my nation people who will drink the Qurʾān as they drink milk." (Reported by al-Ṭabarānī in al-Muʿjam al-Kabīr, and cited by al-Haythamī in Majmaʿ al-Zawāʾid, who stated: "Its narrators are trustworthy.")
The meaning of this ḥadīth is that there will emerge from this blessed nation people who recite the Holy Qurʾān without reflecting upon its meanings or pondering its rulings — the noble verses passing over their tongues just as milk passes over them when it is drunk, leaving no trace of thought, understanding, or contemplation behind. [See: al-Taysīr bi-Sharḥ al-Jāmiʿ al-Ṣaghīr,Vol.2/P.63] And Allah the Almighty knows best.

What is the ruling on the prayer of the individual following the imam whose prayer is broadcasted via television?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Among the conditions for the validity of following an Imam (Sihhat al-Iqtida’) is that the Imam and the follower (Ma’mum) must be in the same location. Therefore, the prayer of one who follows an Imam whose prayer is being broadcast via television from a distant location is not valid. However, if the follower is with the Imam in the same mosque, the prayer is valid. And Allah the Exalted knows best.

If a father stops his daughter from getting married, is it permissible for her to conclude the marriage contract herself?

It is permissible for the father to stop his daughter from getting married if there was a lawful reason for that, and she isn`t allowed to conclude the marriage contract without her guardian. However, if her father denied her right in getting married for an unlawful reason, then she should go to court.

What is the ruling of Islamic Law regarding one who slaughters a ewe and it turns out to have been pregnant, and is it permissible to slaughter the ewe if one knows it is pregnant?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person slaughters a ewe and it turns out to have been pregnant, the fetus becomes lawful (ḥalāl) by virtue of its mother's slaughter (tabaʿan li-ummihā).
It is stated in Mughnī al-Muḥtāj (Vol.6/P.158): "A fetus found dead [after the mother's slaughter], or found alive but in a state resembling that of a slaughtered animal [i.e., dying shortly after], becomes lawful — whether or not it had grown fur — provided it is found in the womb of a mother that was lawfully slaughtered, whether her slaughter was by cutting the throat, or by an arrow or hunting dog sent after her. This is based on the ḥadīth: 'The slaughtering of the fetus is [effected by] the slaughtering of its mother' [narrated by al-Tirmidhī, who graded it ḥasan, and by Ibn Ḥibbān, who graded it ṣaḥīḥ] — meaning that the slaughter which rendered the mother lawful renders the fetus lawful as well, by virtue of following her; and because the fetus is one of her constituent parts, and her slaughter renders lawful all of her parts."
This ruling differs, however, from the case of one who knows from the outset that the ewe is pregnant [and intends to sacrifice her specifically as the udḥiyah while pregnant] — in which case, according to the Shāfi'ī school, she does not fulfill the requirement of a valid sacrifice.
It is stated in Ḥāshiyat al-Bujayrimī 'alā al-Khaṭīb (Vol.4/P.335): "A pregnant animal does not fulfill the requirement [of a valid sacrifice], and this is the authoritative position (al-mu'tamad), because pregnancy diminishes the quality of the meat. As for why such an animal is nevertheless counted as complete [i.e., fully valid] in matters of zakāh, that is because the intent there is reproduction (nasl), not the quality of the meat.". And Allah, the Most High, knows best.

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