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Resolutions of Iftaa' Board

Resolution No. (287): "Permissibility of Interest-Free Loans Provided by Islamic Banks"

Date Added : 27-05-2020

Resolution No. (287)(7/2020) by the Board of Iftaa, Research and Islamic Studies:

"Permissibility of Interest-Free Loans Provided by Islamic Banks"

Date: 14/Ramadan/1441 Hijri, corresponding to 7/5/2020 AD.

 

Praise be to Allah, The Lord of the Worlds.

At its fifth meeting held on the above date, the Board reviewed the question about small and medium-sized companies support program launched by the Jordan Islamic Bank based on an agreement with the Central Bank of Jordan in a bid to address the corona pandemic (See attached copy).

After careful consideration, the Board has taken the following decision:

First: Loans which will be provided by the Jordan Islamic Bank in cooperation with the Central Bank of Jordan don`t entail any interests. Rather, they are interest-free and aim to help the financially troubled businesses pay the salaries of their staff during the corona pandemic which is sweeping the globe.

Second: The defined fees charged by the Jordan Islamic Bank  on these loans cover administrative expenses-as stipulated in the agreement-and aren`t part of the bank`s profits. In fact, many Fatwas and resolutions of international Islamic Fiqh academies indicate that it is permissible to impose administrative fees on borrowers of interest-free loans so long as they (fees) are equal to the actual cost of the administrative expenses.

 Third: Although stipulating loan insurance at the Jordan Credit Guarantee Company with (25.%) as an annual commission is a sort of commercial insurance, which is basically prohibit, it is allowed at  the time of pandemic. The evidence on this is that the agreed upon maxims of Islamic jurisprudence affirm that necessities render prohibited things permissible. Al-Juwaini added: "General need is tantamount to individual necessity at time of affliction…….If the people ignored that need until it became a necessity, all of them would perish. Thus, they have to do what needs to be done to prevent present or future harm." {Ghayath al-Umam}.

In conclusion, little flaw is forgivable at the time of pandemic to enable communities overcome crisis with minimum loss where every member is expected to do their share of solidarity and cooperation which are the highest objectives of Sharia. And Allah The Almighty Knows Best.

 

 Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Abdulkareem al-Khasawneh

Dr. Ahmad al-Hasanat, Member

Dr. Mohammad al-khalayleh

Dr. Mahmoud al-Sartawi, Member

Sheikh Sa`eid Al-Hijjawi, Member

Judge Khalid Woraikat, Member

Dr. Majed al-Darawsheh, Member

Dr. Mohammad Al-Zou`bi/ Member

Prof. Adam Nooh Al-Qhodaat/Member

Dr. Amjad Rasheed/Member

Dr. Jamil Khatatbeh/Member

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Summarized Fatawaa

What is the waiting period ('Iddah) for a woman whose husband has passed away, and what is the ruling on her wearing gold?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The waiting period ('Iddah) for a woman whose husband has passed away is four months and ten days for one who is not pregnant. As for a pregnant woman, her waiting period lasts until she gives birth. It is obligatory for her to remain in the marital home, only leaving for a necessity. During this time, it is prohibited (Haram) to display any form of adornment on the body or clothing; this includes wearing kohl, gold, all types of perfume, and dyeing the hair. Likewise, it is prohibited to receive a direct marriage proposal or to marry during this period.
 
It was narrated by Umm 'Atiyyah that the Prophet ﷺ said: 'We were forbidden to mourn for a deceased person for more than three days, except for a husband, for whom the mourning period is four months and ten days. During this time, we were not to use kohl, nor wear perfume, nor wear dyed clothing except for garments made of 'Asb (coarsely dyed yarn). We were, however, granted a concession at the time of purification—when one of us bathed following her menses—to use a small amount of Kust (costus) or Azfar (fragrant substances). We were also forbidden from following funeral processions.' (Narrated by Al-Bukhari). And Allah the Exalted knows best."

What is the monetary value for the expiation of an oath (Kaffarat al-Yamin)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The expiation for an oath (Kaffarat al-Yamin) consists of feeding ten (10) needy persons. This is estimated at 600 grams of rice per person. It is also permissible to pay its value in cash, which is estimated at one dinar (per person). And Allah the Exalted knows best.

How to perform the witr prayer in terms of connection (wasl) and separation (fasl)?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Witr prayer has several forms that vary in terms of virtue:
 
The First Form: Separating every two units (rak‘ah) with a Tashahhud and a Taslim (salutation). This is superior to connecting the units, even if it is only a single rak‘ah. This is based on the Hadith of ‘Aishah (may Allah be pleased with her): 'The Messenger of Allah ﷺ used to pray eleven units between the end of the ‘Isha prayer and dawn, performing the Taslim after every two units and performing Witr with a single unit.' (Related by al-Bukhari & Muslim).
 
The Second Form: Connecting the units with only one final Tashahhud at the very end.
 
The Third Form: Connecting with two Tashahhuds—meaning reciting the Tashahhud before the final unit without performing the Taslim, then standing to complete the final unit. This form is considered the lowest in rank so that the Witr prayer remains distinct from the obligatory Maghrib prayer, as stated in the Hadith: 'Do not make the Witr resemble the Maghrib prayer.' (Narrated by Al-Daraqutni, who stated its narrators are trustworthy).
 
It is stated in Bushra al-Karim Sharh al-Muqaddimah al-Hadramiyyah: 'It is permissible to connect [the Witr] with one Tashahhud in the final unit—which is better—or with two Tashahhuds in the last two units, as both methods are established in Sahih Muslim from the actions of the Prophet ﷺ. In the connected method, more than two Tashahhuds are prohibited. Furthermore, separating (al-Fasl) is better than connecting (al-Wasl) if the number of units is the same, because the Hadiths supporting it are more numerous and it involves more devotional actions.' And Allah the Exalted knows best."

Is it permissible to give multiple mudds (portions) of fidyah to a single person?

Yes, it is permissible to give multiple mudd of fidyah to a single person, because each day of fasting is considered an independent act of worship.

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