Resolutions of Iftaa' Board



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

How does one with a continuous condition (like urinary incontinence or non-menstrual vaginal bleeding - mustahada) perform ablution?

A person with a continuous condition must do three things:
1. Not perform ablution except after the prayer time has entered.
2. Change the bag or diaper placed to reduce the flow of urine or blood after the prayer time enters, wash the private part from blood or urine, and perform ablution immediately.
3. Perform the actions of ablution in immediate succession, then pray immediately without delay, unless he intends to pray with the congregation.
It is not permissible for a person with a continuous condition to combine two obligatory prayers with one ablution, as he must perform ablution for each obligatory prayer, even if making it up (qada'). And Allah the Almighty knows best.

Is the marriage, which lacks a valid legal contract, a guardian, and a court registration, valid?

It is incumbent that a valid marriage contract be concluded in the presence of a guardian and two trustful witnesses, and it should be registered in the court to protect the rights of the wife. Actually, a valid marriage contract is what differentiates between sound marriage and fornication.

Is it permissible for one to give the Zakah (obligatory charity) to his indebted brother?

It is permissible for one to give the Zakah to his brother if he was indebted, or poor.

What is the ruling on performing dry ablution (tayammum) on a wall or stone?

One of the conditions for tayammum is that it be with pure, clean dust (soil). It is not valid to perform tayammum by striking stones, a wall, sand that has no dust (i.e., that does not produce dust), pebbles alone, or clay, as these are not from the earth or its same category. And Allah the Almighty knows best.