Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(183): "Ruling on Combining an Ijarah and a Conditioned Hibah"

Date Added : 15-11-2015

Resolution No.(183)(16/2012) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Combining an Ijarah and a Conditioned  Hibah"

Date: 5/2/1434 AH, corresponding to 19/12/2012 A.D

 

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 aforementioned date, the Board reviewed the ruling of Islamic Sharia on combining the lease contract of a property with a binding promise to grant that property to the tenant after the leasing period ends.

After researching and deliberating, the Board decided the following:

Combining the lease of a property with the promise of granting it (property) to the tenant if the latter complies with the conditions set by the landlord is an example of combined contracts that don`t violate  Islamic Sharia. In addition, there is no Sharia text that forbids the combination of such contracts.

This is because Ijarah (Leasing) is a binding contract whose rent and period are defined and agreed upon by the contracting parties. Similarly, Hibah (Donation/Grant) is a donation contract  which is permissible to be conditioned, as stated by some Hanbalite scholars. Combining them involves no risk since the tenant is able to make full use of the property/house and since he had agreed to the amount of the rent in the first place.

The Malikites` Mufti in Makah, Sheikh Mohammad Bin Ali, passed away in 1367 A.H, stated: "As for examples of Ijarah and Hibah-which are similar to the sale transaction in terms of rulings and conditions- it is permissible to combine any of them with the sale transaction. It is also permissible to combine both of them in one contract because they aren`t contradictory." [Tahtheeb Al-Forooq]

Resolution No.(4/12) of the International Islamic Fiqh Academy states that the above form of transaction is permissible. This has also been confirmed by the Accounting and Auditing Organization for Islamic Financial Institutions/standard (9,8/1) as well as the Fatwa committees in the Muslim World.

All the above is permitted under the condition that the contracting parties abide by the rulings concerning rent throughout the lease period. When applying such transactions, Islamic banks are obliged to comply with all the Sharia standards in this regard. And Allah Knows Best.

 

The Grand Mufti of Jordan / His Eminence Sheikh AbdulKareem al-Khasawneh

Prof. Dr. Abdulsalam Al-Abbadi / Member

Dr. Yahia al-Botoosh / Member

Sheikh Sae`id Hijjawi / Member

Dr. Wasif al-Bakhri / Member

Prof. Mohammad al-Qhodat / Member

Dr. Mohammad Al-Khalayleh / Member

Dr. Mohammad Khair Al-Esa / Member

Dr. Mohammad  al-Z`obi / Member

Decision Number [ Previous | Next ]


Summarized Fatawaa

Is it permissible for a woman to give the ransom (Fidyah) for breaking her fast to her granddaughter (her son`s daughter)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for a woman to give the ransom (Fidya) for breaking her fast in Ramadan to her granddaughter (her son’s daughter), provided that the girl is poor and her basic needs are not being met by the maintenance (Nafaqah) of those who are lislamically obligated to provide for her. And Allah the Exalted knows best.

What is the ruling on someone who doesn`t perform prayer?

All perfect praise be to Allah,The Lord of The Worlds                                                                                                                                                                    Not performing prayer is a major sin, and one who doesn`t pray out of laziness is considered an oft-sinner ;whereas, the one who denies that it is mandatory is considered a disbeliever. And Allah Knows Best.

What is the ruling on Tarawih prayer?

Tarawih prayer is a confirmed Sunnah (Sunnah Mu’akkadah).

What is the ruling on praying in congregation at the mosque?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Congregational prayer (Salat al-Jama‘ah) is a communal obligation (Fard Kifayah) for resident men regarding the performance of the prescribed (obligatory) prayers. For men, praying in congregation at the mosque is better than praying elsewhere, such as at home. On the authority of Abdullah bin Umar, the Messenger of Allah ﷺ said: 'Prayer in congregation is twenty-seven degrees more excellent than the prayer of a person alone' (Reported by Bukhari & Muslim). Furthermore, on the authority of Abu Hurayrah, the Messenger of Allah ﷺ said: 'Shall I not tell you that by which Allah erases sins and raises ranks?' They said, 'Of course, O Messenger of Allah.' He said: 'Performing wudu thoroughly despite difficulties, taking many steps toward the mosques, and waiting for the next prayer after the prayer; that is your Ribat (steadfastness)' (Narrated by Muslim).
 
As for a woman, her praying in congregation at home is better for her than in the mosque, according to the saying of our Master the Prophet ﷺ: 'Do not prevent your women from attending the mosques, but their homes are better for them' (Narrated by Abu Dawood). Young boys should be encouraged to attend the mosques and congregational prayers so they may become accustomed to them. And Allah the Exalted knows best.