Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(176): "Ruling on Murabaha Sale where the Purchaser is Authorized to Conclude the Contract, or to Collect the Commodity in Question"

Date Added : 29-10-2015

 

Resolution No.(176)(8/2012) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Murabaha Sale where the Purchaser is Authorized to Conclude the Contract, or to Collect the Commodity in Question"

Date: (8/8/1433 A.H) (28/6/2012 A.D).

 

All praise is due to Allah, peace and blessings be upon Prophet Mohammad and upon his family and companions.

The Board of Iftaa`, Research and Islamic Studies reviewed, in its fourth session held on Monday (8/8/1433 A.H)-(28/6/2012 A.D), the following question:

What is the ruling on a financial institution, which deals in Murabaha, authorizing the purchaser to purchase the commodity and possess it?

After careful study and deliberation, the Board decided what follows:

Islamic banks are in the vanguard of financial procession due to their success at times of crises and economic challenges. They have proven that the Islamic Economy is the soundest and most productive means of development and stability, and that its foundations secure the equilibrium between the benefit of the individual and the interest of the community.

In its bid to set this procession straight, and cleanse it from doubtful matters (lawful or unlawful) and trickery, the Board has decided to ban authorizing the purchaser, or his deputy from purchasing in-kind commodities and collecting them on behalf of the institution dealing in Murabaha in order to prohibit usurious borrowing  and employing trickery to legalize it. This is also because the outcome of deputizing is a factor in resembling the usurious loans, thus the transaction takes the form of cash for cash, but with an extra amount added to the original one (Usury/interest). This particularly happens when the deputizing process becomes a regular pattern adopted by Islamic Murabaha Institutions, thus we fear that these would lose  the essence of true trading which differentiates them from the usurious  banks.

The Board advises the various Islamic financial institutions to direct their employees to purchase commodities and collect them on behalf of these institutions, and to abide by the Murabaha system ratified by the Fiqh Assemblies and Islamic bodies, so as to purify the transaction from flaws and doubtful matters as well as maintain the accomplishments of Islamic banking that have been achieved recently. And Allah Knows Best.

 

Chairman of the General Iftaa` Board, His grace the Mufti General of the Hashemite Kingdom of Jordan, Sheikh Abdulkareem Al-Khasawneh

Sheikh Sa`ied Hijjawi/ Member

Prof. Abdulsalam Al-Abbadi/ Member

Prof. Mohammad Al-Khwdah/Member

Prof. Abdul N`nassir Abu-Al-bas`sal/Member

Dr.Yahia Al-Boutoosh/Member

Dr. Wasif Al-Bakhri/ Member

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Az`zoubi/ Member

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Summarized Fatawaa

Is it permissible to use the term 'Al-Jalalah' (Majesty) for anyone other than Allah, The Exalted?

In the Arabic language, a man of dignity and reverence is described as 'Jaleel' (noble), and similarly, an elder or a woman of dignity may be described as 'Jaleelah'. In such contexts, one may use the title 'His Majesty' or 'Her Majesty.' However, the Majesty of Allah, The Exalted, is unlike the majesty of humans, just as His hearing is not like our hearing, and His sight is not like our sight. And Allah The Almighty Knows Best.

 By slip of the tongue, my son cursed Allah. It is worth pointing that he has concluded his marriage contract recently, but haven`t consummated the marriage. What is the position of Sharia on this? 

All perfect praise be to AllahThe Lord of The Worlds and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions. 
This person must return to the fold of Islam by uttering the two testimonies of faith and making repentance to Allah from all acts that lead to disbelief. Also, he must make a new marriage contract because the old one was dissolved after he had committed this act of disbelief. Moreover, since there is no waiting period for his wife, then she is in state of Talaq ba`en baynona Soghra (Minor irrevocable divorce); consequently, she can get back to him only by a new marriage contract. And Allah The Almighty Knows Best. 

Is it permissible to have sexual intercourse with pregnant wife? 

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.
There is no sin in having sex with one`s pregnant wife as long as there is no medical condition preventing her from that. And Allah The Almighty Knows Best.

What is Aqeeqah?

It is the sheep slaughtered on the seventh day from the child`s birth, and it is a confirmed Sunnah after the Prophet (PBUH).