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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

 

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Summarized Fatawaa

What is the ruling on omitting the prostration of recitation?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The prostration of recitation (Sajdat al-Tilawah) is a Sunnah for both the reader and the listener. There is no sin in omitting it, though doing so results in missing a great reward. Muslim narrated from Abu Hurairah (may Allah be pleased with him) that the Prophet ﷺ said: 'When the son of Adam recites a verse of prostration and prostrates, Shaytan withdraws weeping, saying: "Woe to him! (and in the narration of Abu Kuraib: "Woe to me!") The son of Adam was commanded to prostrate and he prostrated, so Paradise is his; and I was commanded to prostrate and I refused, so the Fire is mine."'
 
Sheikh al-Islam Imam al-Nawawi (may Allah have mercy on him) stated: 'It is recommended to prostrate immediately after reciting or hearing a verse of prostration. If one delays it but the interval is short, he may still prostrate. However, if the interval is long, the opportunity is missed.' [Rawdat al-Talibin Vol.1/P.323].
 
Furthermore, the prostration of recitation becomes obligatory (Wajib) in congregational prayer if the Imam prostrates, out of the necessity of following him. And Allah the Exalted knows best.

Is it permissible for a sick person to pray while sitting on a chair?

All perfect praise be to Allah, The Lord of the Worlds                                                                                                                                                                        It is permissible for a sick person, who is unable to stand up, to offer prayer while sitting on a chair. If he/she was unable to prostrate while on the chair, the he/she should pray while sitting on the ground, but if he/she was neither able to bow (Roku),nor to prostrate, then he can do them while sitting on the chair. And Allah Knows Best.

When does the time for Udhiyah begin?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
The permissible timeframe for Udhiyah (sacrificial offering) begins on the day of Eid al-Adha—the 10th of Dhul-Hijjah—once the sun has risen and a period of time sufficient to perform two brief prayer units (Rak'ahs) and two short sermons (Khutbahs) has passed. This window remains open until the sun sets on the final day of Tashreeq, which is the 13th of Dhul-Hijjah.
 
Our Master, the Messenger of Allah (peace and blessings be upon him), said: "Every valley of Mina is a place of sacrifice, and slaughtering may be done throughout all the days of Tashreeq." (Narrated by Al-Bayhaqi and Ibn Hibban)
 
The days of Tashreeq refer to the 11th, 12th, and 13th of Dhul-Hijjah.
 
The most virtuous time to perform the sacrifice is immediately after concluding the Eid prayer, based on the statement of the Prophet (peace and blessings be upon him): "The first thing we do on this day of ours is to pray, then we return and offer our sacrifice. Whoever does that has acted in accordance with our Sunnah (tradition), and whoever slaughters before that, it is merely meat he has provided for his family; it has nothing to do with the ritual sacrifice." (Reported by Al-Bukhari and Muslim)
 
What is meant here is an estimation of time rather than the actual performance of the prayer itself, as our Master, the Messenger of Allah (peace and blessings be upon him), used to offer the Eid al-Adha prayer immediately after sunrise.
 
The sacrifice is valid if performed at any time during these designated days, whether by day or by night, though slaughtering at night is considered disliked (Makruh). And Allah the Almighty Knows Best.

Is it required to fast consecutively when making up missed fasts?

● It is preferable to fast consecutively when making up missed fasts if they were missed due to a valid excuse.
● However, if the fasts were missed without a valid excuse, then fasting consecutively is obligatory, because making up the missed fasts in this case must be done immediately.
Separating the makeup fasts goes against the obligation of immediacy, but if someone does so, their fasts will still be valid. However, they will be sinful for delaying without a valid reason.

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