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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Date Added : 25-01-2018

 

Resolution No.(9) by the Board of Iftaa`, Research and Islamic Studies:  

“Ruling on the Amendments over the Moqarada Bonds Act“

Date: 29/5/1407 AH, 29/1/1987 AD.

 

Question: What is the ruling on the amendments over the Moqarada (A borrowing tool in favor of a company bonds act?
Answer: All perfect praise is due to Allah, The Lord of the Worlds.
After reviewing the articles of the interim, act no. (10), 1981, the proposed amendments and deliberating over them, the Board has decided the following:
A- Confirming the resolution of the Iftaa` Committee issued on the 8th of Feb. 1398 AH, 17/1/1978 on Moqarada draft-act and that its texts and sections comply with the rulings of Islamic Sharia.
B- Confirming the resolution of the Iftaa` Committee issued on the 8th of Feb. 1398 AH, 17/1/1978 on the permissibility of the government`s guarantee over settling the par value of Moqarada bonds within the specified dates since the government is considered a Third Party, and enjoys the general authorities in doing what is in the best interest of its citizens.
C- The Board noticed that the 12th article of the interim act No.(10),1981  has added-after stating that the government guarantees settling the whole due par value of the Moqarada bonds within the specified dates-that the amounts paid by the government  in this case are considered a zero-interest loan to the project, and becomes due once the bonds are totally settled. In other words, the government isn`t a Third Party anymore because the project itself has settled all the payments. In fact, the project borrowed from the government because it didn`t have the amount needed for settling the par value of the bonds. This is a kind of guarantee against loss given by the owner of the money from the Mudarib (co-partner) in a Mudaraba (co-partnership) contract, and this contradicts the rulings of a Mudaraba contract stipulated in Islamic Jurisprudence.
Therefore, the board believes that it is essential for the government to continue its guarantee role as a Third Party. This in order to avoid stipulating that subscribers shall endure any loss-as stated by the Iftaa` Committee in the aforementioned resolution-and consequently this transaction becomes acceptable in Sharia.
Therefore, the Board views that it is essential that article (12) ends with the words: “specified dates”, and that what comes after them is omitted. Actually, Waqf(religious endowment) projects, projects undertaken by municipalities and  financially as well as managerially independent organizations  from which this guarantee  shall benefit are amongst the vital projects that target the best interest of the citizens. The government is keen on holding such projects and promoting them in order to achieve eco-social development so long as there are sufficient guarantees, which secure their proper progress and supervision.
The government`s guarantee over settling these bonds within the specified dates entails no harm, or squander of public funds, rather, it is using them positively in rare cases and exceptional situations.
D- The Board has reviewed the proposed amendments included in the note attached with the official letter of the Minister in question and believes that they don`t contradict the rulings of Sharia in this regard and that it (Board) doesn`t object including them in the interim act. And Allah Knows Best.

 

 

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Summarized Fatawaa

Is it permissible for a father to disinherit his disobedient, alcohol consuming son and his daughter who had fled home and never returned?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
It is permissible to give heirs some money because of their being extra obedient or needy. As far as inheritance is concerned, it is to be divided after one`s death, so it had better be left to the court itself. And Allah The Almighty Knows Best.

What is the difference between Tahajjud prayer and night prayer, and do they have a particular Witr prayer other than that of Isha (evening prayer)?

Tahajjud and Qiyam-Al-Lail (night prayer) are two words for the same meaning which is offering voluntary prayer at night after sunset, but before dawn break. However, Tahajjud is offered after waking up; whereas, Qiyam-Al-Lail is permissible before sleeping, or after it. Therefore, every Tahajjud is a Qiyam, but not every Qiyam is a Tahajjud. Moreover, there is no specified Witr for both of them, but Witr after Isha is by itself the Witr of Qiyam, and it is a Sunnah to postpone it until after Qiyam if the worshiper thought that he was most probably going to wake up in order to offer it, but if he wasn`t sure of waking up, then he is at liberty to offer it before going to bed as was reported in the Prophet`s Hadith.

I swear that I will leave the religion of Allah if I return to smoking" and then returned to smoking. What is the ruling?

Whoever conditions disbelief on something and intends to disbelieve if it happens, he becomes a disbeliever immediately. Therefore, you must pronounce the two testimonies of faith (Shahada) and reconcile with your wife if she is in her waiting period (Iddah). It is recommended to consult the Department of Fatwa for further guidance. And Allah Knows Best.
 
 
 
 
 

In our region in southern Oman, specifically in the city of Taqah, there is a mosque that they say was built hundreds of years ago. This mosque is surrounded by graves, meaning it is in the middle and the graves are around it. People in our area differ, with some considering it permissible and others considering it forbidden to pray there. Moreover, my grandmother saw in a dream that she entered this mosque..."
 

Praying in this mosque is valid and and there is reprehensibility in its location so long as no grave exist within it. Besides, Sharia rulings aren't derived out of dreams. And Allah Knows Best. 

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