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Resolutions of Iftaa' Board

Resolution No.(181): "Islamic Banks Subscribing in the Jordan Deposit Insurance Corporation"

Date Added : 02-11-2015

 

Resolution No.(181)(13/2012) by the Board of Iftaa`, Research and Islamic Studies:

"Islamic Banks Subscribing in the Jordan Deposit Insurance Corporation"

Date: 4/11/1433 AH, corresponding to 20/9/2012.

 

All perfect praise be to Allah, The Lord of The Worlds and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

On the above given date, the Board reviewed the question sent by the Director-General of the Jordan Deposit Insurance Corporation (JODIC), which reads as follows: What is the ruling of Islamic Sharia on deposits insurance at  Islamic banks and reviewing the amendment of the Corporation`s draft-law pertaining to that?

After researching and deliberating, the Board arrived at the following view:

Deposits at Islamic banks enjoy special characteristics compared to those at non-Islamic banks, because of the difference in the types of accounts.

Therefore, the Board approves of the draft-law which stipulates binding Islamic banks with the insurance of their credit accounts. As regards investment accounts, the annual subscription paid to the Deposit Insurance Corporation should be collected from the holders of these accounts as a deduction against risk. This binds the Corporation to create two independent portfolios at the deposit insurance fund of the Islamic banks, one for the insurance of credit accounts deposits and the other for the investment accounts deposits.

It was made clear to the Board that the amended draft-law rests on values of solidarity and cooperation, and that the amounts paid on this basis are considered donations , and that it (draft-law) aims at protecting people`s funds against risk. In case of liquidation, the capitals of this fund are deposited at the Zakat Fund of the Ministry of Awqaf and Islamic Affairs and Holy Places.

Accordingly, the Board is of the view that establishing this fund for the insurance of deposits at Islamic banks is permissible, and that the suggested amendments of the draft-law comply with the accredited standards of Islamic Sharia. And Allah Knows Best.

 

Chairman of the Iftaa` Board, The Grand Mufti of Jordan: Sheikh AbdulKareem al-Khasawneh

Vice-Chairman of the Iftaa` Board, Dr. Ahmad Hilayel

Prof. Abdulnasser Abulbasal / Member

Dr. Yahia al-Botoosh / Member

Sheikh Sae`id Hijjawi / Member

Prof. Mohammad al-Qhodat / Member

Dr. Mohammad Al-Khalayleh / Member

Dr. Mohammad Khair Al-Esa / Member

Dr. Mohammad  al-Z`obi / Member

 

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Summarized Fatawaa

Is the one offering the sacrifice liable if its meat spoils?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
If the meat (of the sacrifice) spoils due to the negligence of the one offering the sacrifice in preserving it, or due to improper storage, then he is liable to compensate for the portion due to the poor (which is estimated as half a kilogram of meat). If the sacrifice was a vowed (mandatory) one, then he is liable for all of it.
 
However, if he was not negligent, then there is no liability upon him, because its ruling is the ruling of a trust (like an item left in someone's care). And Allah Almighty knows best.

What is the Du`a (supplication) of Istikhara (guidance prayer)?

O Allah, I consult You as You are All-Knowing and I appeal to You to give me power as You are Omnipotent, I ask You for Your great favor, for You have power and I do not, and You know all of the hidden matters. O Allah! If you know that this matter (then he should mention it) is good for me in my religion, my livelihood, and for my life in the Hereafter, or he said: "for my present and future life" then make it (easy) for me. And if you know that this matter is not good for me in my religion, my livelihood and my life in the Hereafter, or he said: "for my present and future life" then keep it away from me and take me away from it and choose what is good for me wherever it is and please me with it."

What is the ruling on performing the Witr prayer as a single rak`ah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to perform the Witr prayer as a single unit (rak‘ah). It was narrated from Ibn ‘Umar that a man asked the Messenger of Allah ﷺ about the night prayer, and the Messenger of Allah ﷺ replied: 'The night prayer is offered two by two (mathna mathna). If one of you fears the approach of dawn, let him pray a single rak‘ah to make what he has prayed odd-numbered (Witr) for him.' (Related by al-Bukhari & Muslim)). However, limiting the prayer to only one rak‘ah is considered 'contrary to the preferred way' (Khilaf al-Awla).
 
It is stated in Al-Minhaj al-Qawim Sharh al-Muqaddimah al-Hadramiyyah (p. 137): 'The minimum of Witr is one rak‘ah, but limiting it to that is contrary to what is best.'
 
The most complete form of Witr is eleven units, while the minimum level of 'perfection' is three units. It is stated in ‘Umdat al-Salik (p. 60): 'The minimum of Witr is one rak‘ah, and its maximum is eleven, performing the taslim (salutation) after every two units. The lowest level of perfection is three units with two separate taslims (meaning 2+1).' And Allah the Exalted knows best.

What is the ruling on swallowing saliva while fasting?

It is permissible for a fasting person to swallow their saliva because avoiding it would cause undue hardship and excessive strictness in religion. Islam discourages such excessiveness since Allah the Almighty intends ease for His followers and does not intend to put them in hardship.

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