Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(102): "Ruling of Sharia on some Dealings of the American Stores Company""

Date Added : 13-03-2016

 

Resolution No.(102) by the Board of Iftaa`, Research and Islamic Studies: "Ruling of Sharia on some Dealings of the American Stores Company"

Date: 5/4/1427 A.H, corresponding to 3/5/2006 A.D

 

 

We have received the following question: 

What is the ruling of Sharia concerning the dealings of the American Stores Company (ASC)?

The Company`s dealings are as follows:

The Company may take part in an auction and during the bidding process it may be offered a sum of money in return for withdrawing. Is accepting that offer and taking that money lawful or unlawful?

Moreover, the Company concludes joint indemnity and investment contracts whereby an agreed upon condition sets a certain amount of indemnity e.g. 20% from the overall sales, with a certain minimum stipulated in the contract. Is conditioning a minimum in these contracts lawful or unlawful?

Also, the Company deals with non-Islamic banks, but is currently dealing with the  Jordan Islamic Bank. Is dealing with the latter bank through Islamic Murabaha lawful, taking into consideration that, in essence, the dealing is similar to that carried out with non-Islamic banks?

Would you kindly clarify the position of Sharia on the above so as to adhere to its provisions when dealing with the Islamic banks?

The Board is of the following view:

1- It is forbidden to offer or take any sum in return for withdrawing from a bid because this leads to defrauding people`s goods. Allah, The Almighty, Said (What means): "So give full measure and weight and do not defraud people’s goods." {Al-A`araf/85}. Also, the Prophet (PBUH) said: "There should be neither harming nor reciprocating harm." {Ibn Majah}.

2- Having reviewed a sample of the above contracts which the Company concluded with other parties, the Board realized that they don`t adhere to the provisions of Sharia in the following aspects:

The juristic framing of these contracts is that they are Ijarah (Hiring) contracts because one of the parties offers a specific place to the other party in return for a certain wage. What counts in these contracts is their implied meaning, not their phrases and structures.

The wage in an Ijarah contract should be specified, because the Prophet (PBUH) said: "Whoever employs a person should inform him of his wage." In these contracts the wage is not specified. It is either: e.g. 20% from the overall sales or a certain defined sum, and the higher is collected by the company.

Defining the wage as 20% from the overall sales makes it unspecific because both parties are unaware of what will be sold, and this annuls the contract because it becomes an aleatory contract. The Prophet (PBUH) has forbidden aleatory sale. He said: "If anyone makes two transactions combined in one bargain, he should have the lesser of the two or it will involve usury." {Sunan Abu-Dawud}.

In conclusion, dealing with the Jordan Islamic Bank through Islamic Murabaha is lawful so long as the Bank complies with its conditions stipulated in Sharia.

A key condition is that the Bank must purchase the commodity upon the purchaser`s request, collect it, possess it, guarantee it, then sell it to the purchaser because the Prophet (PBUH) told Hakeem Bin Hazim: "If you purchase food, don`t sell it until you collect and take possession of it." {Musnad Ahmad}. And Allah Knows Best.

 

 

 

 

 

* Murabaha means selling an object while informing the purchaser of its original price and the profit he is getting in this deal. The conditions of the validity of this sale/transaction are the same as the other sales/transactions, i.e. the sold item itself should be lawful, pure, useful, in the possession of seller, and the seller should be able to hand it over to the purchaser.

 

 

Chairman of the Iftaa` Board, Chief Justice, Izzuldeen Attamimi

Dr. Yousef Ghyzan/ Member

Dr. Abdulmajeed Assalaheen/ Member

Sheikh Sa`eid Hijjawi/ Member

Sheikh Abdulkareem Al-Khasawneh/ Member

Dr. Ahmad Hilayel/ Member

Sheikh Nae`im Mujahid/ Member

Dr. Wasif Al-Bakri

 

Decision Number [ Previous | Next ]


Summarized Fatawaa

What is the ruling on praying in congregation at the mosque?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Congregational prayer (Salat al-Jama‘ah) is a communal obligation (Fard Kifayah) for resident men regarding the performance of the prescribed (obligatory) prayers. For men, praying in congregation at the mosque is better than praying elsewhere, such as at home. On the authority of Abdullah bin Umar, the Messenger of Allah ﷺ said: 'Prayer in congregation is twenty-seven degrees more excellent than the prayer of a person alone' (Reported by Bukhari & Muslim). Furthermore, on the authority of Abu Hurayrah, the Messenger of Allah ﷺ said: 'Shall I not tell you that by which Allah erases sins and raises ranks?' They said, 'Of course, O Messenger of Allah.' He said: 'Performing wudu thoroughly despite difficulties, taking many steps toward the mosques, and waiting for the next prayer after the prayer; that is your Ribat (steadfastness)' (Narrated by Muslim).
 
As for a woman, her praying in congregation at home is better for her than in the mosque, according to the saying of our Master the Prophet ﷺ: 'Do not prevent your women from attending the mosques, but their homes are better for them' (Narrated by Abu Dawood). Young boys should be encouraged to attend the mosques and congregational prayers so they may become accustomed to them. And Allah the Exalted knows best.

Who should pay the Zakah (obligatory charity) from the orphan`s money?

His/her guardian, and if the latter fails to do so, then the orphan himself/herself is obliged to pay the Zakah once he/she reaches puberty, and is capable of handling his/her own affairs. And Allah Knows Best.

How can I love the prayer (Salah) and start praying?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Love for the prayer (Salah) comes when you realize that this world is fleeting and the Hereafter is everlasting. Your prayer is the righteous deed that will comfort you in your grave and be your salvation before Allah in the Hereafter. Do you not wish to attain tranquility in this life and Paradise in the next? Reflect upon your state and do not delay, for life does not wait. We ask Allah to grant us and you steadfastness (Thabat).

How should I deal with the whispers of the devil with regard to ablution and purity?

Whispers in ablution are from the devil, and so you should take refuge in Allah from the devil`s evil suggestions that aim to distort the religion. Thus, once an organ is completely pure, don`t question its purity since having whispers doesn`t mean that the purity is invalid as it has already been established.