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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

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

Is housemaid right hand possession?

All perfect praise be to Allah, The Lord of The Worlds. May His peace and blessings be upon our Prophet Muhammad and upon all of his family and companions.
 
Housemaid isn`t right hand possession. Rather, she is a free woman because she is just hired to deliver a service. And Allah The Almighty Knows Best.

1- A young man whose father and grandfather are dead. Unfortuntly, he passedaway leaving a mother, two sisters and a brother. Do his paternal uncles inherit him? 2- A man died leaving daughters, a wife, brothers, a mother or no mother. It is well known that the daughters inherit two thirds and the wife one eighth. To whom does the rest of the estate go and what is the evidence on that from the texts of Sharia?

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.
1- The full brother or the paternal half-sibling disinherits the paternal uncles. The paternal half-sibling takes one sixth and because they are from the Asabah (Male relatives on the father`s side) of the deceased they take the rest of the estate. The proof of this is that Ibn ‘Abbas (May Allah Be Pleased with them) reported God’s Messenger (PBUH) as saying: "Give the shares to those who are entitled to them, and what remains over goes to the nearest male heir." [Agreed upon]. In this case, nothing is left to them.
2- The brothers take the rest of the deceased`s estate and the full brother disinherits the paternal half-sibling, and the proof of this is the aforementioned narration. And Allah The Almighty Knows Best.

Is it permissible to divide the Aqeeqah amongst one`s brothers and family?

Giving a portion of the Aqeeqah, even a small one, to the poor and needy is obligatory, and if one`s brothers and family are among the needy then, they are more entitled to it, and this way it is a charity and an observation of kinship ties. However, if they aren`t needy then, it is permissible to give them from the Aqeeqah after giving the poor and needy their share.

What is the ruling of Sharia when husband kicks the wife out of his house without a lawful excuse? Moreover, in such case, when she stays at her parents's house for several months, is she allowed to claim maintenance through a Sharia court?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
It isn`t permissible to kick wife out of house save for a valid reason since Almighty Allah Says (What means): "O ye who believe! Ye are forbidden to inherit women against their will. Nor should ye treat them with harshness, that ye may Take away part of the dower ye have given them,-except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing, and God brings about through it a great deal of good." [An-Nisa`/19]. In addition, it is the duty of the husband to provide for his wife and children in kindness, and this includes food, garment and residence. Moreover, dialogue and supplication are the best means for solving marital problems; however, the wronged party may resort to court. And Allah The Almighty Knows Best.

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