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

Does smoking break the fast?

Yes, smoking breaks the fast because smoke particles intentionally enter the lungs, which are considered part of the body cavity (jauf).

How is Laylat al-Qadr observed?

Laylat al-Qadr is observed through various acts of worship and obedience, including:
● Performing obligatory, Sunnah, and voluntary prayers
● Reciting the Quran
● Increasing remembrance (dhikr) of Allah
● Giving charity
● Performing I‘tikaf
● Inviting others to Allah
It is also Sunnah to increase in supplication and humbly beseeching Him, Glorified and Exalted be He.

Is it acceptable to perform the Aqiqah for a male child by slaughtering and distributing the first sheep, and bringing the second one cooked from the restaurant?

 

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.

It is permissible to slaughter the first sheep with the intention of Aqiqah (the newborn's sacrificial offering) and distribute it entirely [uncooked], and to slaughter the second sheep and have it cooked at a restaurant to bring home for the household. However, it must be noted that it is obligatory to give some portion of the Aqiqah in charity to the poor, even if it is a small amount, though it is preferable to send the food cooked to them.

Buying a pre-cooked, ready-made sheep from a restaurant does not suffice as an Aqiqah. However, if an agreement is made with the restaurant to explicitly slaughter a sheep with the intention of Aqiqah for the newborn, and then cook it afterward, this is permissible.

In conclusion, slaughtering the sheep and distributing it with the intention of Aqiqah is permissible, and through it, the foundational prophetic tradition (Sunnah) is fulfilled. As for simply buying a cooked sheep from a restaurant that was not specifically slaughtered with the intention of Aqiqah, it will not count as such. Conversely, if the restaurant owner is commissioned (Wakala) to handle both the slaughtering and the cooking as an Aqiqah, it is valid. And Allah the Almighty knows best.

Is it permissible to slaughter sacrificial animals in public squares and streets?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The slaughtering of sacrificial animals (udhiyah) should take place in locations designated for slaughter, such as abattoirs (slaughterhouses), or in sites allocated by the relevant authorities for this purpose.
 
It is not permissible to perform slaughtering in a random or haphazard manner—such as in public squares, on roadsides, or in front of houses—in a way that creates health hazards, causes public nuisance, or endangers public safety. And Allah Almighty knows best.