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Resolutions of Iftaa' Board

Resolution No.(251)"Wakalah(Authorization) for Buying a Vehicle from an Organization that Provides Funding is Legally Sound"

Date Added : 19-02-2018

Resolution No.(251) (2/2018) by the Board of Iftaa`, Research and Islamic Studies:

"Wakalah(Authorization) for Buying a Vehicle from an Organization that Provides Funding is Legally Sound"

Date: 11/Jumada Al-Awwal/1439 AH, corresponding to 28/1/2018.

 

 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 its 2nd session held on the above date, the Board reviewed a question sent by one of the citizens in which he stated: I have bought a training vehicle through direct funding from the Development and Employment Fund (DEF). Actually, law stipulates that this vehicle must be registered in the name of a driving school owner. Unfortunately, shortly after the registration, the owner of that school passed away while there were payments to be covered. As is customary, once the owner passes away, the (DEF) exempts him/her from the remaining payments. The problem is that I`m the one who has been covering the payments, not the owner of the driving school although the vehicle is registered in his name. Do the remaining payments get dropped? Who is the beneficiary of this loan? Do the remaining payments belong to the deceased i.e. do I have to pay them to his heirs, or what?

After deliberating, the Board arrived at the following:

The framing of this issue differentiates between three cases:

Case 1 : Using Wakalah(Authorization)to buy real estate. This is when the owner of the driving school doesn`t buy the training vehicle for himself; rather, the true buyer had authorized him to do so. The Sharia maxim, in this regard, states that the authorized must act in the best interest of the authorizer. This is reflected in the following statement by Al-Subkhi: "Every authorized must act in the best interest of his/her authorizer." {Al-Ashbah Wa An-Nada`r}. In this case, the authorized-owner of the driving school-isn`t obliged to register the car in the name of the authorizer, nor to inform the party funding that transaction (Vehicle) that he`s just an authorized person, and not the true owner. Therefore, that Wakalah is legally sound. It was stated: "In a sales contract, it is not conditioned that the commodity must be registered in the name of the authorizer……and ownership of that commodity remains that of the authorized." [Durar al-Hukkam Shareh Majalat Al-Ahkam].

On this basis, if the seller-DEF-decided to reduce the price of the commodity (Vehicle), then that should be in the best interest of the authorizer as well. Therefore, if the (DEF) exempted the owner of the driving school from covering the rest of the payments, then the authorizer gets exempted and the latter isn`t obliged to pay the rest of the vehicle`s price to the heirs of the former. 

Case 2: A sales contract between the owner of the driving school (Seller) and the vehicle driver (Buyer). The agreement reached by the owner of the driving school with the (DEF) is a buy contract to his benefit, and not a power of attorney.

Case 3: The contract is a mere financial loan with usurious interest,  and not a Murabaha contract.

The ruling of Sharia on cases 2 & 3 differs from that on case 1.In these two cases (2&3), the owner of the vehicle must pay the remaining part of the vehicle`s price to the heirs of the owner of the driving school.

However, the Board has concluded from the above question that it is a Wakalah (Case 1). Therefore, the true owner of the vehicle (Authorizer) is exempted from paying any amount to the heirs of the driving school owner. And Allah Knows Best.

 

 

Chairman of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem Al-Khasawneh, Member

Prof. Abdulnaser Abulbasal,  Member

Dr. Ahmad Al-Hasanat, Member

Dr. Mohammad Khair Al-Esa, Member

Dr. Majid Darawsheh, Member

Sheikh Sa`eid Al-Hijjawi, Member

Judge Khalid Woraikat, Member

Dr. Mohammad Al-Zou`bi/ Member

 

 

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Summarized Fatawaa

What is the ruling on someone who curses the religion or commits an act of disbelief during the day in Ramadan?

Whoever apostatizes (leaves Islam) while fasting, their fast is invalid. Cursing the religion is an act of apostasy (may Allah protect us from it). Such a person must return to Islam by pronouncing the Shahadah (testimony of faith), seek Allah’s forgiveness, refrain from eating and drinking for the rest of the day, and make up for that day’s fast later.

What is the ruling on undoing braids of hair during the ritual bath?

It is not a condition to undo braids if the water reaches all the hair and penetrates to its base. If the water does not reach except by undoing the braids, then it is obligatory to undo them for the water to reach. And Allah the Almighty knows best.

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.

What is the ruling on a woman who takes medication to delay menstruation for fasting?

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If the medication harms her, even potentially, it is forbidden (haram) for her to take it.

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