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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

How is the meat of the 'aqīqah to be distributed?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
If the 'aqīqah is a recommended one (mandūbah), it is obligatory to give some portion of it in charity to the poor — even if the amount is small — with the minimum being approximately half a kilogram of meat.
The most preferable manner of distribution is to divide it into three equal portions, as with the uḍḥiyyah:
 
One third for the guardian and his household to eat from
One third to be given in charity to the poor
One third to be gifted to friends and neighbours, even if they are wealthy
 
It is furthermore more preferable to send the food to the poor already cooked, rather than inviting them to come and eat. And Allah Almighty knows best.

What is the ruling on one who vows to fast a specific or non-specific year? Are the two Eids, the days of Tashreeq, Ramadan, and the days of menstruation and postnatal bleeding included in them? And do these days break the consecutiveness if it was intended?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If someone makes a vow (Nadr) to fast a specific, designated year, this vow does not include the days of Eid, the days of Tashreeq (the three days following Eid al-Adha), Ramadan, or the days of menstruation (Hayd) and postnatal bleeding (Nifas). Furthermore, there is no requirement to make up (Qada) these specific days.
 
However, if someone vows to fast a year that is not specifically designated (i.e., any twelve-month period) and stipulates that the fasting must be consecutive, they are bound by that condition. They must not fast on the days of Eid, during Ramadan, or during menstruation, but they are required to make up these days afterward—with the exception of the days of menstruation and postnatal bleeding, which do not need to be made up.
 
It is stated in Hashiyat al-Bajuri ‘ala Sharh Ibn Qasim ({Vol.2/P.606): 'If one vows to fast a specific year, the Eid, Tashreeq, Ramadan, and days of menstruation or postnatal bleeding are not included. This is because Ramadan does not accept any fast other than its own, and the others do not accept fasting at all. Therefore, they do not enter into the vow, and no makeup is required for them because they are legally excluded—contrary to Al-Rafi’i regarding menstruation and postnatal bleeding.
 
If one vows to fast a non-designated year: if they stipulated consecutiveness (Tatuabu’) in their vow, they must fulfill it; otherwise, they are not bound to it. Consecutiveness is not broken by the days that do not enter into the specific year vow (Eid, Tashreeq, Ramadan, menstruation, and postnatal bleeding). However, one must make up the days missed—excluding the time of menstruation and postnatal bleeding—immediately following the end of the year. As for the time of menstruation and postnatal bleeding, it is not made up, contrary to Ibn al-Rif’ah, who argued that it must be made up just like Ramadan.' And Allah the Exalted knows best.

How many Rak`ahs (unit of prayer) are offered in Witr prayer?

All perfect praise be to Allah, The Lord of The Worlds                                                                                                                                                                  Witr (an odd number prayer performed between Isha`a and Fajr) is offered with a minimum of one Rak`ah, and a maximum of eleven, but offering three Rak`ahs is the minimum of its complete form. And Allah Knows Best.

Does having a wet dream during the day in Ramadan break the fast?

Having a wet dream during the day in Ramadan does not invalidate the fast. However, one must perform ghusl (ritual purification) to ensure they do not miss their prayers.

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