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 of Islamic Law on kissing while fasting?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is prohibitively disliked (makrūh taḥrīman) for a husband to engage in foreplay with or kiss his wife during the daylight hours of Ramaḍān if doing so stirs his desire. If pre-seminal fluid (madhī) is released as a result, the fast is not invalidated; however, if seminal fluid (manī) is released, the fast is broken.
Imām al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, stated: "It is prohibitively disliked to kiss — whether on the mouth or elsewhere — for one whose desire is stirred, whether man or woman, to the extent that he fears it may lead to intercourse or ejaculation. Embracing, touching, and similar acts without a barrier carry the same ruling as kissing in this regard, because such acts expose the act of worship to being corrupted — and as the two Ṣaḥīḥs record: 'Whoever circles around a protected boundary is liable to fall into it.'"
He further added: "It is preferable for one whose desire is not stirred — even if he is a young man — to refrain from such acts as well, so as to close the door entirely. For he may believe his desire has not been aroused when in fact it has. Moreover, it is Sunnah for the fasting person to abstain from all desires without exception." — Summarised with minor adaptation from [Mughnī al-Muḥtāj]. And Allah the Almighty knows best.

When does the time for the Fajr prayer begin?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The time for the Fajr prayer begins once the Mu’adhin starts the second Adhan (Al-Adhan al-Thani), and not after the first Adhan. And Allah the Exalted knows best.

What can a menstruating woman do on Laylat al-Qadr?

If a menstruating woman engages in remembrance of Allah (dhikr), supplication (du‘a), and sincere devotion, she has indeed observed Laylat al-Qadr. She may also listen to the Quran from audio sources such as the radio or television.

What is the ruling on sending blessings and peace upon the prophet (PBUH) after the Adhan?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is a Sunnah to send blessings and peace (As-Salat wa al-Salam) upon the Prophet ﷺ after the Adhan and the Iqamah, for both the caller (Mu’adhin) and the listener. It is permissible to do so aloud after the conclusion of the Adhan. However, it is preferable to maintain a brief pause between the words of the Adhan and the prayers upon the Prophet ﷺ, so that people do not mistakenly assume that sending blessings upon him is an integral part of the Adhan itself. And Allah the Exalted knows best.