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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(235): "Getting Rid of Ill-Gotten Money"

Date Added : 20-03-2017

Resolution No.(235)(3/2017) by the Board of Iftaa, Research and Islamic Studies:

"Getting Rid of Ill-Gotten Money"

Date: (7/Jumada Al-Akhira/1438), corresponding to (6/3/2017)

 

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.

During the second session held on the above date, the Board reviewed the following question: 

I have worked for a usurious bank, but I`m now retired. Out of my salaries, I managed to construct a building of my own, and leased it against (1200 Dinars) per month. Is this income lawful? are my children allowed to benefit from it?, and how can I purify that money?

After deliberations, the Board decided the following:

There is no harm that you and your children benefit from the revenue of that building regardless of its source because the sin of usury or helping others to commit that sin falls on the person himself, has nothing to do with the money, and that person can free himself from the liability by sincere repentance, seeking Allah`s forgiveness, and never committing that sin again. It is hoped that this in addition to giving charity will avail in purifying that money, with Allah`s mercy and forgiveness. And Allah Knows Best.

 

Grand Mufti of Jordan/Dr. Mohammad Al-Khalayleh

Vice-Chairman of Iftaa` Board/Prof. Abdullah Al-Fawaaz

Sheikh Sa`eid Hijjawee/Member

Dr. Mohammad Khair Al-Esa/Member

Judge Khaled Wuraikat/Member

Dr. Mohammad al-Zou`bi/Member

 

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Summarized Fatawaa

What is the ruling on fasting?

Fasting in Ramadan is an individual obligation (Fard ‘Ayn) upon every mature, sane Muslim who is capable of fasting.
Fasting can also be recommended (Mustahabb), such as voluntary fasting on Mondays and Thursdays, fasting on the Day of Arafah for those not performing Hajj, and fasting on Ashura.
Fasting can be prohibited (Haram), such as fasting on the two Eid days, the Day of Doubt (Yawm al-Shakk), and the Days of Tashreeq.
Some types of fasting are disliked (Makruh), such as singling out Friday or Saturday for fasting without a specific reason and fasting on the Day of Arafah for a pilgrim.

What is the ruling on seeking forgiveness between the two Friday sermons?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to seek forgiveness (Istighfar) between the two Friday sermons (Khutbatayn), and it does not invalidate the Friday prayer (Salat al-Jumu'ah). Furthermore, it is not disliked (Makruh) to speak before the sermon, after it, or between the two sermons. Likewise, it is not disliked for one who enters during the sermon to speak if there is a need for it, provided he has not yet taken a place and settled into it. And Allah the Exalted knows best.

What does (Whoever fasts Ramadan with faith and seeking reward) mean?

This phrase is part of a hadith in which the Prophet ﷺ said:
"Whoever fasts Ramadan with faith and seeks his reward from Allah, their past sins will be forgiven." [Agreed upon]
The meaning is:
● They fast Ramadan with firm belief that Allah has made it obligatory.
● They fast out of obedience to Allah, knowing they will meet Him.
● They hope for reward from Allah and fast purely out of their faith while seeking His reward.

What is the ruling of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.
The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).
We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.

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