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Resolutions of Iftaa' Board

Resolution No.(267): "Ruling on Claiming the Legal Interest"

Date Added : 31-12-2018

Resolution No. (267) (21/2018) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Claiming the Legal Interest"

Date: (05/Rabi` Rabīʿ al-Thaani/1440 AH), corresponding to (13/12/2018).

 

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.

On its fourteenth session held on the above date, the Board reviewed letter No.4/5/1-8/11/2018, which reads: I would like to bring to Your Grace`s attention the fact that the Ministry has never claimed the legal interest which usually results from filing lawsuits against debtors. Debtors` non-adherence to making payments on time has inflicted harm on creditors. Debtors are actually benefiting from the Waqf`s wealth, taking hold of it (Waqf) and paying off debts at their own convenience since they aren`t forced to pay interest as a penalty for their procrastination. Resolution (55),7/11/2001 of the Iftaa` Board allowed collecting the legal interest as a compensation for harm, not as a usurious interest. In addition, the Court of Cassation (Supreme Court) has issued some resolutions confirming that this interest is a compensation for harm. In light of this, could Your Grace discuss this issue with the Iftaa` Board to consider the permissibility of claiming the legal interest resulting from the lawsuits filed by the Ministry; in accordance with the following criteria:

1. The Ministry's Legal Department presents a report that shows that the debtor is rich and is intentionally delaying the payment of the debt.

2.  The Ministry`s Council is entitled to cancel the whole interest or part of it depending on each case.

3.  Transfereing the value of the interests to the Waqf programs approved by Sharia in order to be spent on the eligible categories.

After deliberations, the Board arrived at the following resolution:

The legal interest imposed by some laws on the debtor who fails to pay off debts on time is usury/Riba, and thus unlawful for a Muslim to claim or benefit from. Calling it a compensation doesn`t change the fact that it is usury/Riba. This is confirmed by Resolution No.(2/6) of the International Islamic Fiqh Academy, which states: "It is unlawful for the rich debtor to delay paying off due payments. Nevertheless, it isn`t permissible to stipulate that he gives a compensation against this procrastination."

Sharia doesn`t punish procrastination by imposing an interest on debt although it is unlawful for the rich to delay paying off due debt. This is particularly when it comes to public Juris, such as the properties of the Awqaf and the orphans. At the same time, it isn`t permissible for individuals or institutions to claim the legal interest.Rather, the creditor should take the necessary measures (Guarantees) to collect his money with avoiding procrastination on the part of the debtor. Allah, the Almighty, Said (What means): "but God hath permitted trade and forbidden usury." {Al-Baqarah, 275}. Jabir said that Allah's Messenger (PBUH) cursed the accepter of interest and its payer, and one who records it, and the two witnesses, and he said: They are all equal. And Allah Knows Best.

 

Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem AlKhasawneh/ Member

Sheikh Sa`eid Al-Hijjawi/ Member (I have a reservation about this resolution for it involves harm and loss of benefit)

Prof. Abdullah Al-Fawaaz/ Member

Dr. Muhammad Khair Al-Issa/ Member

Dr. Majid Al-Darawsheh/ Member

Prof. Adam Noah/ Member

Judge. Khaled Al-Worikat/ Member (I have a reservation about this resolution).

Dr. Ahmad Al-Hasanat/ Member

Dr. Mohammad Al-Zou`bi/ Member

Dr. Rashaad Al-Khilaani


 

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Summarized Fatawaa

Which takes precedence: the 'aqīqah or the uḍḥiyyah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah is an act of worship through which a servant draws closer to Allah the Almighty in gratitude for the blessing of a newborn child. It is a confirmed Sunnah for those who are financially capable, and Allah does not burden any soul beyond what it can bear.
However, the uḍḥiyyah takes precedence, as it is a confirmed Sunnah established from the Prophet ﷺ through stronger and more numerous narrations — indeed, the Ḥanafī scholars hold it to be obligatory. Furthermore, its time is narrow and limited, expiring with the passing of the days of Eid, whereas the 'aqīqah may be delayed until one becomes financially capable of performing it.
And Allah Almighty knows best.

What does (Whoever fasts Ramadan with faith and seeking reward) mean?

This phrase is part of a hadith in which the Prophet ﷺ said:
"Whoever fasts Ramadan with faith and seeks his reward from Allah, their past sins will be forgiven." [Agreed upon]
The meaning is:
● They fast Ramadan with firm belief that Allah has made it obligatory.
● They fast out of obedience to Allah, knowing they will meet Him.
● They hope for reward from Allah and fast purely out of their faith while seeking His reward.

What is the ruling on someone who intends to travel to Jeddah for two days — must he enter iḥrām from his place of residence [i.e., before passing the mīqāt]?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Whoever is firmly resolved in his intention to perform ‘Umrah before setting out on his journey, it is unlawful for him to pass beyond his country's mīqāt (the designated boundary point for entering the state of iḥrām) without entering iḥrām. If he does so, he must return to the mīqāt to enter iḥrām from there, provided he has not yet begun performing the rites of the pilgrimage — in which case nothing further is required of him. However, if he does not return, he must offer a sacrifice (sheep/goat), to be distributed among the poor of the Ḥaram.
It is stated in at-Tanbīh fī al-Fiqh ash-Shāfi‘ī (p. 71): "Whoever, intending to perform the rites [of ‘Umrah or Ḥajj], passes beyond the mīqāt and enters iḥrām only after it, must offer a sacrifice. However, if he returns to the mīqāt before beginning any of the rites, the sacrifice is waived from him."
Accordingly: whoever is firmly resolved in his intention to perform ‘Umrah before setting out on his journey must enter iḥrām at the mīqāt of his country through which he passes. Whoever fails to do so, passing beyond the mīqāt without entering iḥrām, and does not return, has sinned, and must repent to Allah, the Exalted; and he must offer a sacrifice, to be distributed among the poor of the Ḥaram. And Allah, the Exalted, knows best.

 Should a person who doesn’t offer Tasbeehb (saying Subhaana Rabbiya Al-‘Atheem during Rukoo`, and saying Subhaana Rabbiya Al-A‘laa during Sujood) during Rukoo` and Sujood perform As-Sahw Sujood (prostration of forgetfulness)?

He/ she doesn`t have to perform Sujood As-Sahw, whether he/she didn`t offer Tasbeeh during Rukoo` and Sujood either intentionally ,or unintentionally, provided that the attentiveness of the heart wasn`t undermined since it is a pillar in both.

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