Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No. (287): "Permissibility of Interest-Free Loans Provided by Islamic Banks"

Date Added : 27-05-2020

Resolution No. (287)(7/2020) by the Board of Iftaa, Research and Islamic Studies:

"Permissibility of Interest-Free Loans Provided by Islamic Banks"

Date: 14/Ramadan/1441 Hijri, corresponding to 7/5/2020 AD.

 

Praise be to Allah, The Lord of the Worlds.

At its fifth meeting held on the above date, the Board reviewed the question about small and medium-sized companies support program launched by the Jordan Islamic Bank based on an agreement with the Central Bank of Jordan in a bid to address the corona pandemic (See attached copy).

After careful consideration, the Board has taken the following decision:

First: Loans which will be provided by the Jordan Islamic Bank in cooperation with the Central Bank of Jordan don`t entail any interests. Rather, they are interest-free and aim to help the financially troubled businesses pay the salaries of their staff during the corona pandemic which is sweeping the globe.

Second: The defined fees charged by the Jordan Islamic Bank  on these loans cover administrative expenses-as stipulated in the agreement-and aren`t part of the bank`s profits. In fact, many Fatwas and resolutions of international Islamic Fiqh academies indicate that it is permissible to impose administrative fees on borrowers of interest-free loans so long as they (fees) are equal to the actual cost of the administrative expenses.

 Third: Although stipulating loan insurance at the Jordan Credit Guarantee Company with (25.%) as an annual commission is a sort of commercial insurance, which is basically prohibit, it is allowed at  the time of pandemic. The evidence on this is that the agreed upon maxims of Islamic jurisprudence affirm that necessities render prohibited things permissible. Al-Juwaini added: "General need is tantamount to individual necessity at time of affliction…….If the people ignored that need until it became a necessity, all of them would perish. Thus, they have to do what needs to be done to prevent present or future harm." {Ghayath al-Umam}.

In conclusion, little flaw is forgivable at the time of pandemic to enable communities overcome crisis with minimum loss where every member is expected to do their share of solidarity and cooperation which are the highest objectives of Sharia. And Allah The Almighty Knows Best.

 

 Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Abdulkareem al-Khasawneh

Dr. Ahmad al-Hasanat, Member

Dr. Mohammad al-khalayleh

Dr. Mahmoud al-Sartawi, Member

Sheikh Sa`eid Al-Hijjawi, Member

Judge Khalid Woraikat, Member

Dr. Majed al-Darawsheh, Member

Dr. Mohammad Al-Zou`bi/ Member

Prof. Adam Nooh Al-Qhodaat/Member

Dr. Amjad Rasheed/Member

Dr. Jamil Khatatbeh/Member

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Summarized Fatawaa

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.

Is it permissible to sleep before the time of the Fajr prayer begins, with the intention of waking up shortly afterward?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is permissible for a Muslim to sleep before the time of the Fajr prayer begins, intending to wake up and perform the prayer, by setting an alarm or asking someone to wake him. What is to be avoided is that a person sleeps while he predominantly assumes that he will not wake up for the prayer.
If he does not wake up until the time of the prayer has ended, he must make it up. It is recommended that he hasten to make it up as soon as he wakes, and likewise recommended that he make up its sunnah along with it.
It is stated in al-Majmūʿ by Shaykh al-Islām Imam al-Nawawī (may Allah have mercy on him): “Whoever was obliged to pray and did not pray until the time passed must make it up, because of the saying of the Prophet (peace and blessings be upon him): ‘Whoever sleeps through a prayer or forgets it, let him pray it when he remembers it.’ It is recommended that he make it up immediately, because of the ḥadīth we have mentioned. If he delays it, that is permissible, because it is reported that the Prophet (peace and blessings be upon him) missed the Fajr prayer and did not pray it until he had left the valley. Had it been required immediately, he would not have delayed it. Abū Is-ḥāq said: If he left it without a valid Sharia excuse, he must make it up immediately, because he was negligent in delaying it.”
It is therefore the duty of every Muslim to keep the prayer in its proper time, seeking help from Allah the Exalted and striving against the self to do so. And Allah Almighty knows best.

Is it permissible for one who sacrifices on behalf of another, with the latter's permission, to eat from the sacrifice?

It is permissible for someone who sacrificed on behalf of another with their permission to eat from it with their permission, and they stand in their place (act as their representative) in distributing it.
 
It is stated in Nihayat al-Muhtaj ila Sharh al-Minhaj (Vol.8/P.141): "And he—meaning the one sacrificing on his own behalf, provided he has not apostatized—has the right to eat from a voluntary sacrifice and his sacrificial gift; rather, it is recommended. As for an obligatory sacrifice, it is forbidden for him to eat from it, whether it was designated as such initially or as a liability in his dhimmah. And excluded by what has preceded is if he sacrifices on behalf of another, or if he apostatized, then it is not permissible for him to eat from it, just as it is absolutely impermissible to feed a disbeliever from it."(The text I found indicates the impermissibility of eating) ???
 
And it is stated in Hashiyat al-Jamal ‘ala Sharh al-Manhaj (Vol.5/P.262): "If a person offers a sacrifice on behalf of a living person with their permission, does he act as their representative in distributing it—on the grounds that permission to sacrifice is permission to distribute it—or does it depend on their explicit permission? This requires consideration, but the first view is not far-fetched." And Allah the Almighty knows best.

Is Zakah due on the orphan`s money?

Yes, Zakah is due on the money of the orphan.