Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(138): "Ruling of Sharia on Discount Cards"

Date Added : 27-10-2015

Resolution No.(138): "Ruling of Sharia on Discount Cards

Date: 23/4/1431 AH, corresponding to 8/4/2010 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.

During its session held on the above given date, the Board reviewed the question concerning the ruling of Sharia on buying and using cards issued by some malls which sell them to customers against a nominal price. Whenever the customer purchases an item, points are recorded in his favor and when they reach a certain number; he receives a prize or a discount.

After thorough studying and deliberating, the Board decided the following:

There are different situations as far as these cards are concerned:

1- If they are given by the mall or the company to the customer for free in order for him to take part in prize drawing or to receive some discounts, then they are permissible. This way, they are tantamount to a promise, to cut down prices or grant prizes, made to the customer. A promise to grant a benefit is permissible provided that the mall or company doesn`t employ this as a trick to increase the prices of the products.

2- If they are paid for by the customer against an amount which is greater than the cost of processing and issuing them, or they are processed against paying an annual subscription, then this type of cards is definitely forbidden because it involves gambling. This way, the mall makes a profit out of selling them; whereas, the customer enters a gambling process, where he may win the discounts and the prizes, or nothing; because he didn`t have the needed number of points to be qualified for receiving  the benefits of these cards, or because he didn`t purchase from that particular mall. The probability that relies on chance is the forbidden gambling and called Gharar (risk and uncertainty) that Islamic Sharia has forbidden in commutative contracts.

3- If the cards are bought by the customer against a certain amount, which is only intended to cover the cost of processing and issuing them, without the mall making any profit, then this is suspicious and requires further examination. To be on the safe side, a Muslim should avoid such suspicious matters.

The above is the view adopted by the Islamic Fiqh Assembly of the Muslim World League No. (103)(2/18) and it reads: 

First: It isn`t permissible to issue or purchase the aforementioned discount cards against a fixed price or an annual subscription, because they involve Gharar; the purchaser pays money and doesn`t know what he will get in return i.e. definite loss against potential benefit. It was narrated that Abu Hurairah said: "The Messenger of Allah forbade Gharar transaction and Hasah transactions." {Sahih Muslim}.

Second: If these cards are issued for free, then their issuance and acceptance are permissible, because they are tantamount to a donation or a grant. And Allah Knows Best.

 

Chairperson of the Iftaa` Board, Grand Mufti of Jordan, Dr. Abdulkareem al-Khasawneh

Vice Chairman of the Iftaa` Board, 

                                                            Dr. Ahmad Hilayel

                                                            Dr. Yahia al-Botoosh/ Member

                                                            Sheikh Sa`eid Hijjawi/ Member

                                                            Dr. Mohammad Khair al-Eesa/ Member

                                                            Judge Sari Atieh/ Member

     Dr. Abdurahamn Ibbdah/ Member

Dr. Mohammad Okla/ Member

        Dr. Abdunnasir Abulbasal/ Member

              Dr. Mohammad Al-Khalayleh/ Member

               Dr. Mohammad al-Gharaibeh/ Member

                                      Dr. Ahmad Al-Hasanat/ Executive Secretary of the Iftaa Board

 

 

 

 

 

 

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Summarized Fatawaa

What is the ruling on performing istinja' with perfumed tissues or a tissue moistened with water?

Performing istinja' with perfumed or moistened tissues is not sufficient if they are not dry, due to the moisture on them reaching the impurity, which increases its spread rather than reducing it. Then, to remove the impurity, one must use pure water. And Allah the Almighty knows best.

If a traveler settles or a sick person recovers while fasting, is it permissible for them to break their fast?

● If a sick person starts the day fasting and then recovers during the day, they must complete their fast.
● If a traveler starts the day fasting and then settles (returns or stops traveling) during the day, they must also complete their fast.
● It is forbidden for both of them to break their fast because the concession (rukhsah) is no longer valid once its reason disappears.

What is the ruling of Islamic Law on selling gold or silver in installments or for a differed price?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is prohibited (haram) to sell gold or silver in installments or for a deferred price; rather, immediate hand-to-hand exchange (Taqabud) is mandatory, otherwise, it is considered usury (Riba). The Messenger of Allah ﷺ said: 'Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt—like for like, hand to hand. Whoever increases or asks for an increase has engaged in Riba; the receiver and the giver are the same in this regard.' (Narrated by Muslim). Furthermore, when exchanging new gold for used gold, they must be of equal weight, or it falls into Riba.
 
The permissible solution (al-makhraj) is for the merchant to purchase the used gold for cash first, and then sell the new gold for cash in a separate transaction. However, the price must be paid during the sitting of the contract (Majlis al-Aqd) for both deals. Alternatively, the jeweler may take the used gold with the intent of remodeling or repairing it, and then charge a fee for the craftsmanship or repair work. And Allah the Exalted knows best."

 Should a person who doesn’t offer Tasbeehb (saying Subhaana Rabbiya Al-‘Atheem during Rukoo`, and saying Subhaana Rabbiya Al-A‘laa during Sujood) during Rukoo` and Sujood perform As-Sahw Sujood (prostration of forgetfulness)?

He/ she doesn`t have to perform Sujood As-Sahw, whether he/she didn`t offer Tasbeeh during Rukoo` and Sujood either intentionally ,or unintentionally, provided that the attentiveness of the heart wasn`t undermined since it is a pillar in both.