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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(72)“ Ruling on Charging a Percentage on Loans as an Allowance for Administrative Expenses and the Like “

Date Added : 02-11-2015

 

Resolution No.(72): “Ruling on Charging a Percentage on Loans as an Allowance for Administrative Expenses and the Like“

Date: 18/9/1424 AH corresponding to 12/11/2003 AD.

 

The Board received the following question: 

What is the ruling of Islamic Sharia on charging a percentage on loans as an allowance for administrative expenses and the like?

Answer: All success is due to Allah.

The Board is of the view that giving cash loans up to (800) JDs without a guarantee and with charging 3% as a contribution and allowance for administrative expenses isn`t permissible because this percentage is considered usury. However, it is permissible to charge a specific sum in return for administrative expenses and as a contribution, whether the loan is big or small. And Allah Knows Best.

 

Chairman of the Iftaa` Board, Chief Justice, Izzaldeen At-Tamimi

Dr. Yousef Ghyzaan

         Dr. Abdulsalam Al-Abbadi

      Dr. Wasif Abdulwahaab

  Sheikh Saeid Hijjawi

           Dr. Mohammad Abu Yahia

 

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Summarized Fatawaa

There is a car dealership, and their method of selling is as follows: The customer pays the full price of the car, the car is registered in their name, and another contract is written in which the company commits to refunding the full price of the car to the customer after one year from the purchase date. What is the Islamic ruling on this transaction?

As for purchasing the car, paying its price, and owning it, this is a valid sale with no issue. However, the condition of refunding the price — whether the car is returned to the seller or not — is an invalid condition that nullifies the entire contract. Therefore, this transaction is invalid and not permissible. And Allah Knows Best.

Ruling when Husband Utters Divorce Jokingly, or in the State of Intoxication or Anger 

All perfect praise be to Allah the Lord of the Worlds. May Allah`s peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
The man who utters divorce while in the state of anger, his divorce doesn`t take place and the same ruling applies to the man who is forced to utter divorce because he is threatened to be killed or one of his organs cut off, in addition to other matters that scholars have mentioned in this regard. However, the man who utters divorce jokingly or while having intentionally drunk alcohol, his divorce takes place. And Allah The Almighty Knows Best.

What is the ruling of Sharia on using IUD (Intrauterine device) temporarily and by mutual agreement of husband and wife?

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.
There is nothing wrong with this if this device is used on temporary basis and by mutual agreement of husband and wife since this issue falls into family planning, which is allowed by Sharia. However, this is provided that the device is inserted by a female doctor and that it doesn`t cause harm to the woman. And Allah The Almighty Knows Best.

Is it incumbent on the fiancée to obey her fiancé?

When the woman settles in her husband`s house, it is incumbent on him to provide for her and it is incumbent on her to obey him. Before that, and if the marriage contract had been concluded, then she is lawfully his wife and thus she should abide by custom in treating him, but if the marriage contract hadn`t been concluded, then she should treat him as a non-Mahram (Marriageable).

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