Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No. (171): "Ruling on Organized Tawaroq Sale Carried out by some Islamic Banks"

Date Added : 27-10-2015

Resolution No. (171) (3/2012) by the Board of Iftaa`, Research and Islamic Studies: "Ruling on Organized Tawaroq Sale Carried out by some Islamic Banks"
Date:  29/4/1433 AH, corresponding to 22/3/2012 AD.

 

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 following question

What is the ruling of Sharia on organized Tawaroq sale carried out by some Islamic banks?

In modern terms, in this type of sale the purchaser of a commodity in installments may re-sell it in cash amounts less than the purchase amount. The commodity can also be sold either by the purchaser`s deputy, or the financer.

Organized Tawaroq sale carried out by some Islamic banks is a form of evading usury (Riba), because the real purpose behind it is collecting a sum of money against an increase, where the bank carries out sham purchase of certain commodities, then sells them to the purchaser in installments. Afterwards, the bank re-sells them to a third party against a cash amount which is less than the first amount, then gives that cash amount to the purchaser in installments, but the bank obliges the latter to pay off the first amount.

In terms of Islamic Sharia, this is considered a usurious loan, even though it seems a form of Tawaroq sale from the outside.

The Messenger of Allah (PBUH) said: "The deeds are considered by the intentions, and a person will get the reward according to his intention. So whoever emigrated for Allah and His Messenger, his emigration will be for Allah and His Messenger; and whoever emigrated for worldly benefits or for a woman to marry, his emigration would be for what he emigrated for." [Agreed upon].

Therefore, it is a prohibited a contract, because it is a form of evading prohibited usury. Omar Bin Abdulaziz used to say about Tawaroq: "It is the brother of usury (Riba)." This is based on the following saying of the Prophet (PBUH): "Don`t you imitate the Jews who made the unlawful lawful by resorting to the meanest of tricks." [Ibtaal Al-Heyal/pp.47].

On its part, the Board is of the view that organized Tawaroq carried out by some Islamic banks is forbidden. This is confirmed by resolution no. (179) (5/19) of the International Islamic Fiqh Academy/2009.

The Board, advises Islamic banks and institutions to adhere to the Sharia approved forms of investment and financing, and to avoid suspicious tricks, in compliance with the legal rules that realize the objectives of Sharia. And Allah Knows Best.

 

 

Chairman of the Iftaa` Board 
The Grand Mufti of The Hashemite Kingdom of Jordan :His Eminence , Abdull-Kareem Al-Khasawneh
Vice Chairman of the Iftaa` Board:  His Eminence Dr. Ahmad Hilayel
Dr.Yahia Al-Botosh/member
His Eminence :Sheikh Sa`id Al-Hijawi/member
Dr. Mohammad Khair Al-Essa/member
Dr. Wasif Al-Bakkri /member
Dr. Mohammad Al-Qhodat/Member
Dr.Mohammad Al-khalayleh/member
Prof. Abdulnasir Abulbasal/member
Dr.Mohammad Al-Zo`bi/member

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Summarized Fatawaa

Is it permissible to eat from an Udhiyah slaughtered on behalf of a deceased person?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
It is permissible to eat from the sacrifice (uḍḥiyyah) that is offered on behalf of a deceased person. This is the madhhab (school of thought) of the Hanbalis. In this case, the heirs take the place of the deceased as if he were alive, with the same rights to eat from it, give it in charity, and offer it as a gift.
 
It is stated in Maṭālib Uli al-Nuhā (Vol.2/P.472): "Offering a sacrifice on behalf of a deceased person is better than offering one on behalf of a living person, because the deceased is unable (to perform deeds) and is in need of reward. It is to be treated like a sacrifice on behalf of a living person in terms of eating, giving charity, and giving gifts." And Allah Almighty knows best.

Is it permissible for a mother to stop her daughter from marrying a respectable, God-fearing young man because he isn't college/university graduate?

It is impermissible to deny a woman her right in getting married except for a lawful reason, and problems can be solved through dialogue. However, she can file a suit in order for the judge to have a say in that regard.

Does passing wind from the anus affect ritual purity?

Ablution is nullified by the passing of wind from the anus, but washing the anus is not required as wind leaves no impurity.

What is the ruling on intramuscular injections? Do they break the fast?

Therapeutic injections administered under the skin or into the muscles do not break the fast, as they do not enter the body cavity (jauf) through an open passage.
However, intravenous (IV) injections that provide nourishment do break the fast because they function like food and drink in effect.