Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(255): "Ruling on Waving/Forgiving a Portion of Debt against early Settlement"

Date Added : 15-05-2018

Resolution No.(255)(8/2018)  by the Board of Iftaa`, Research and Islamic Studies

"Ruling on Waving/Forgiving  a Portion of Debt against early Settlement"

Date: 3/Sha`ban/1439 AH, corresponding to 19/4/2018.

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 fifth session held on the above date, the Board reviewed the letter sent from the Minister of Awqaf, Holy Sites and Islamic Affairs, Dr. Abdulnaser Abulbasal, and it read as follows:

Could your grace approve of presenting what Muslim jurists call "Da`wa Ta`ajjal" {i.e. when the creditors "waive or forgive" a portion of the debt in return for early settlement of the rest of the money} and the mechanism  of its application to the Iftaa` Council, and consider the potential of its applicability on Islamic finances granted by the Hajj Fund.

After deliberating, the Board decided what follows:

Waiving a portion of debt in what`s called "Debt Contracts" in return for early settlement is called by Muslim jurists "Da` wa Ta`ajjal" i.e. when the creditors "waive or forgive" a portion of the debt in return for early settlement of the rest of the money." In this regard, there are five cases:

First: Waiving a portion of debt is conditioned in the original contract. In this case, this is considered Riba (interest and/or usury). It is like making two transactions combined in one bargain, and this is forbidden since The Prophet (PBUH) said: "If anyone makes two transactions combined in one bargain, he should have the lesser of the two or it will involve usury." {Related by Abi Dawud}.

Second: Waiving a portion of the debt against early settlement of the rest of the money is agreed upon after having concluded the original contract. In fact, the majority of the Muslim scholars have forbidden this based on the preponderant opinion of the four schools of thought.

On the other hand, Ibn Abbas, may Allah bless them both, Al-Nokha`i, Ibn Serene and Zufar permitted waving a portion of the debt against early settlement of the rest of the money based on the narration of Ibn Abbas (May Allah Be Pleased with them) narrated: "Where it is stated that when the Prophet (PBUH) wanted to make Bani An-Nadeer leave Madinah, they said to him: "O` Messenger of Allah! You ordered us to leave although we haven`t collected our money from debtors because the time of settlement isn`t due yet." He (PBUH) said: "Da`oo wa Ta`ajjaloo" i.e. "waive or forgive" a portion of that debt in return for immediate settlement of the rest of your money by debtors." {Related by Al-Hakim, but Al-Baihaqi considered it a weak narration}. Because usury is addition against delay in settlement, it totally harms the debtor and differs from "Da`oo wa Ta`ajjaloo" where both parties (Creditor and debtor) benefit from that transaction. The latter view was adopted by the International Islamic Fiqh academy in its resolution No. (66), but stipulated that no prior agreement was reached to that end.

Third: The waiving pertains to the debts which the debtor has failed to settle on time. In this case, it is permissible to waive/forgive a portion of that debt against early settlement of the rest of the money in order to be cleared from the debt.

Fourth: The waiving wasn`t conditioned by the contracting parties; rather, it was a donation/gift from the creditor because the debtor had settled the rest of the money or the deferred payments earlier than agreed in the original contract.

Resolution No.(61) of the Iftaa` Board stated: "It is permissible for the bank to relieve the (Asker) from a portion of the value of the Murabaha, as it sees fit, taking into account the special circumstances that he is experiencing. This is provided that this waiver isn`t a regular practice of the bank or was conditioned in the Murabaha contract in the first place……"

Fifth: It is permissible for the debtor to give the creditor a commodity against his debt, even if its value was less than that of the debt, and this was permitted by the majority of the Muslim scholars. For further details, please refer to the books {Bedayat Al-Mojtahid by Ibn Roshd & Al-Qawaneen Al-Fiqhia by Ibn Al-Jazzi}.

In conclusion, waiving/forgiving a portion of the deferred debt, upon request of debtor or creditor, in return for early settlement of the rest of the money is permissible, and isn`t Riba so long as it wasn`t conditioned in the original contract. And Allah Knows Best.

Chairman of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem Al-Khasawneh, Member

Dr. Ahmad Al-Hasanat, Member

Dr. Majid Darawsheh, Member

Sheikh Sa`eid Al-Hijjawi, Member

Judge Khalid Woraikat, Member

Dr. Mohammad Al-Zou`bi/ Member

Prof. Abdullah Al-Fawaaz/ Member

 

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Summarized Fatawaa

Is it incumbent on a husband to pay the alimony of his wife if she had left him and stayed at her parent`s without his permission?

When a wife leaves her house, and stays at her parent`s without asking her husband, she is considered a Nashiz (wife who refuses to abide by her husband’s orders), and so she doesn`t deserve an alimony.

Is it permissible to fish on Saturday?

All Perfect Praise be to Allah, The Lord of The Worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions. 

It is permissible for Muslims to fish on any day, but the sons of Israel are the ones forbidden to fish on Saturday. Moreover, there is no evidence in Islamic Sharia prohibiting Muslims from fishing on that day. And Allah Knows Best.

I am an author, and I have books stored with me. Is it permissible to pay my zakat in the form of books containing beneficial knowledge for poor students, such as chemistry and mathematics, or religious books that spread Islamic sciences?

Zakat on wealth must be paid in cash from the wealth itself. Therefore, you should pay your zakat in monetary form so that the poor can purchase what they need. And Allah Knows Best.

 

 

 

If the fasting of nine years has accumulated upon me, I wish to make them up by dividing them over several years, as it is difficult to fast them all in one year due to their large number. Consequently, expiation will be due on me. Is it permissible to pay the expiation after completing all the make-up fasts, even if it takes years?
 
 
 
 
 

If the fasting was broken due to a valid legal excuse, it is permissible to divide the make-up fasts over several years based on one’s ability. However, if a person passes away before completing the make-up fasts, the heirs must fast on their behalf or feed one needy person for each missed day.
If the fasting was broken without a valid excuse, one must hasten to make it up. Should the person die before completing the make-up fasts, the heirs must either fast or feed the needy on their behalf. As for the expiation, it is calculated after completing all the make-up fasts. And Allah Knows Best.