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

Who is required to give fidyah for fasting?

Fidyah—feeding one needy person for each missed fasting day—is required for:
1. Those who are permanently unable to fast, such as:
○ Elderly men and women who are too weak to fast.
○ People with chronic illnesses that have no hope of recovery.
2. Pregnant or breastfeeding women who break their fast out of fear for their child (fetus or infant).
3. A person who delays making up Ramadan fasts (qada) until the next Ramadan begins, without a valid excuse.
4. The estate of a deceased person who had missed obligatory fasts and had the ability to make them up but did not do so.

What should one who doubts the validity of his ablution and performs it frequently do?

Whoever doubts the validity of his ablution after finishing it, his ablution is valid. This is because the default is the validity of the ablution, and because doubt after finishing an act of worship doesn`t affect its validity. And Allah the Almighty knows best.

What is the ruling on the prayer of one who said "Subḥāna Rabbiya al-ʿAẓīm" in prostration (*sujūd*) and forgot to correct it?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Saying “Subḥāna Rabbiya al-ʿAẓīm” in bowing (rukūʿ) and “Subḥāna Rabbiya al-Aʿlā” in prostration (sujūd) is one of the hayʾāt (non-essential sunnahs) of the prayer. Whoever omits it, whether deliberately or by forgetfulness, or replaces it with another remembrance (dhikr), his prayer is valid and he does not perform sujūd al-sahw. Shaykh al-Islām Imam al-Nawawī (may Allah have mercy on him) said: “Our school holds that one does not prostrate for omitting the audible or silent recitation, the tasbīḥ, and the rest of the hayʾāt.” [al-Majmūʿ, Vol.4/p.127]
If he performs sujūd al-sahw for something that does not call for it, his prayer is invalidated, because he introduced a prostration of forgetfulness without a cause, and he must repeat the prayer. The exception is one who did so out of forgetfulness or ignorance, whether because he recently entered Islam or because he lives far from scholars; he is excused and his prayer is not invalidated.
It is stated in Mughni al-Muḥtāj (Vol.1/p.417): “It is stated in al-Anwār: If he does something that does not call for sujūd al-sahw, thinking that it does, and then prostrates, his prayer is not invalidated if he is ignorant because he recently entered Islam or because he is far from scholars.”
Since this issue is hidden from the laity, as it is among the subtleties of knowledge, and the laity are excused for ignorance of whatever is of such a nature, and their act of obedience is not invalidated because of it, it may be said that the prayer of one who has not acquired knowledge of the issue is not invalidated. As for after knowing it, the prayer is invalidated.
Whoever realizes while still in the prayer that his prostration was out of place, it is sunnah for him to perform sujūd al-sahw. And Allah Almighty knows best.

Is it permissible to authorize charitable organizations to perform the Udhiyah on one`s behalf?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible to authorize charitable organizations to perform the sacrifice (Udhiyah) on one’s behalf. However, if these organizations undertake the slaughtering for a group of people, those in charge of the slaughtering must maintain lists of the names of those who authorized them. Furthermore, at the time of slaughter, the slaughterer must intend that the specific sacrifice is on behalf of a specific person. And Allah the Almighty knows best.