The Impact of COVID-19 Pandemic on Islamic Finance According to the Dinar Standard Report 2021/2022

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Summarized Fatawaa

What is the ruling on performing dry ablution (tayammum) instead of the ritual bath due to severe cold?

Whoever is sick such that he cannot use water, or finds the water cold and heating it is not possible, and the person would be harmed by using cold water, it is permissible for him to perform tayammum. He must make up what he prayed with tayammum, because this is a place where there is water. And Allah the Almighty knows best.

What should a person do if they suffer from an incurable illness that prevents them from fasting?

A person who has an illness that is not expected to be cured and prevents them from fasting must feed a needy person one mudd (600 grams) of food (such as wheat or rice) for each missed day instead of fasting.

Allah Almighty says {what means}: "and [in such cases] it is incumbent upon those who can afford it to make sacrifice by feeding a needy person." [Al-Baqarah/184].

A pregnant woman has iron deficiency. When she showers, she becomes very tired and feels cold. What is the ruling on tayammum in this situation?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.

One should not resort to tayammum (dry ablution) as a substitute for the obligatory ghusl (ritual bathing) so long as it remains possible to use water — for example, by heating the water, warming the place where the bathing takes place, or taking other similar precautions. However, if such measures prove ineffective, or are simply not possible to carry out, and performing ghusl [with cold water] would result in severe harm, then tayammum becomes permissible in that case, due to genuine inability to use water on account of the harm that would result, as described in the question. That said, she must make up (qaḍā') the prayers she performed using this tayammum.

It is stated in Bushrā al-Karīm: "One should not perform tayammum on account of cold unless warming the limbs fails to remove the aforementioned harm, and no means are available to heat the water — such as a vessel, firewood, or fire — and one fears [that using cold water would result in] any of the harms mentioned earlier in the discussion on illness: danger to life, loss of function in a limb, the onset or worsening of an illness, delayed recovery, or the [visible bodily] blemish mentioned in that discussion on illness. In such a case, tayammum becomes permissible due to the harm involved, but the prayer must still be made up afterward (qaḍā'). If, however, warming the body proves effective, or the means to heat the water are available, or none of the aforementioned harms are feared — then tayammum is not permissible, even if using the water causes some degree of discomfort or pain, since mere discomfort alone does not permit resorting to tayammum." And Allah, the Exalted, knows best.

Is Zakah (obligatory charity) due on the Zakah money received by a poor person, and reached a Nissab (minimum amount liable for Zakah), and a whole lunar year had lapsed over having it in his possession?

Yes, the poor who possessed a Nissab for a whole lunar year is obliged to pay the Zakah due on that money even if it was given to him as a Zakah money in the first place. And Allah Knows Best.

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The Impact of COVID-19 Pandemic on Islamic Finance According to the Dinar Standard Report 2021/2022

Author : Dr. Safwan Odaybat

Date Added : 11-09-2022

The Impact of COVID-19 Pandemic on Islamic Finance According to the Dinar Standard Report 2021/2022

COVID-19 pandemic had an evident impact on the economic, social, and political sectors of life. The Islamic finance sector is a key contributor to economic life worldwide, given its development and incremental aspects of growth in recent years.

Amongst the most important and precise technical studies indicating the impact of the COVID-19 pandemic on Islamic finance (2021/2022) in numbers is the report prepared by Dinar Standard in partnership with Salam Gateway with the support of DIEDC. This report was published by the International Islamic Center for Reconciliation and Arbitration (IICRA) in Dubai, Edition No. (19), 4rth quarter, 1443 H/June 2022.

The key points of this report are:

First: The value of Islamic finance assets in 2019 has risen from 2.52 trillion US dollars to 2.88 trillion US dollars amounting to 13.9%. The report expected this sector to recover over the coming five years with an overall growth by 5%.

Second: The rapid growth of the Islamic Takaful insurance, especially in the Gulf countries and Indonesia.

Third: 2020 witnessed a large number of initiatives and measures that help enhance the growth of Islamic finance, particularly in the countries of the Organization of Islamic Cooperation. In addition, it was decided to establish new Islamic banks in countries such as Tajikistan, Uganda and the Philippines, in addition to digital banks in Kazakhstan and Malaysia.

Fourth: The investment of Islamic Financial Technology as well as the combination Islamic financial institutions through out possession and combination that reached 4.93bn. in 2019 to 2020.

Fifth: The activity of the Islamic Sukuk decreased but didn`t stop where it was announced that new Sukuk were issued in south Africa, Nigeria, Britain, Gulf and south east Asia countries.

Sixth: Developing the sector of social finance through collective funding, fostering partnerships between the private and public sectors or supporting small and medium-sized finance institutions.

Based on the above notes, the following can be noticed:

Despite the fact that the report was prepared during the COVID-19 pandemic, Islamic finance has witnessed an evident growth and recovery is expected in the coming years. In the same year of preparing this report, the number of the Islamic finance institutions has reached 1462.

Adopting social finance that rests on Takaful and cooperation between people to ease their problems, as is the case with Zakah (Alms giving) and Sadqah (Voluntary charity) and providing financial support to small and medium-sized financial institutions. Moreover, partnership between the private and public sectors is an example of this form of finance. New platforms have been established for collective funding between counterparts in Britain and Malaysia, and an initiative was launched to benefit from social Islamic finance in the UN in partnership with the Islamic Bank for Development in 2021 (news.UN.org).

The COVID-19 pandemic encouraged Islamic finance to develop financial technology through modern electronic platforms, digital banks, and distinguished services of digital banking.

Islami Sukuk have witnessed a remarkable growth within the recent years. As indicated by the report, this product hasn`t stopped despite the impact of the COVID-19 pandemic where their issuance was resumed in several countries. Here, it is worth pointing that later in the year 2021, the fourth issuance of the Sukuk for the Murabah to the purchase orderer were issued in favor of the Jordan National Electricity Company to fund the energy sector with a total value of 225 million JDs by an annual Murabaha percentage of 3.55% over five years.

Unequivocally, these notes indicate that the Islamic finance sector is replete with Sharia, technical, and legal competencies enabling it to face difficult situations, such as COVID-19 pandemic to create an opportunity to keep abreast with developments, innovate new products to address the needs of the people, and continue Islamic finance services.

The published article reflects the opinion of its author

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Summarized Fatawaa

What is the ruling of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.

It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.

The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).

We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.

The imam recited a verse containing a prostration of recitation (sajdat al-tilāwah) but did not prostrate. After the imam's salām, a follower (maʾmūm) performed a prostration of forgetfulness (sujūd al-sahw) because the imam had not performed the prostration of recitation. Is it permissible to go against the imam in this way?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.

There is no sin on the imam if he omits the prostration of recitation (sujūd al-tilāwah), even deliberately. The maʾmūm (the one following the imam) is obliged to follow the imam in the prayer, so if the imam does not perform the prostration of recitation, it is not permissible for the follower to prostrate, because the imam is appointed only to be followed.

If the follower introduces a prostration after the imam’s salām but before his own salām, in a case where there is no prostration of forgetfulness (sujūd al-sahw), his prayer is invalidated if he knew it to be prohibited. Otherwise, he is excused on account of his ignorance and his prayer is not invalidated.

It is stated in Ḥāshiyat al-Imām al-Jamal ʿalā Fatḥ al-Wahhāb: “His statement: ‘So the omission of the hayʾāt (the non-essential sunnahs of the prayer) is not compensated for by prostration; if one prostrates for any of them deliberately, his prayer is invalidated, unless he is excused due to his ignorance.’”

Since this issue is one that is hidden from the laymen, as it is among the subtleties of knowledge, and the laymen are excused for ignorance of whatever is of such a nature, and their act of obedience is not invalidated because of it, it may be said that the prayer of one who has not acquired knowledge of this issue is not invalidated, with the necessity of learning the rulings remaining. As for after knowing it, the prayer is invalidated. And Allah Almighty knows best.

Is "Bismillāhir-Raḥmānir-Raḥīm" a verse (āyah) of Sūrat al-Fātiḥah?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.

The basmalah ("Bismillāhir-Raḥmānir-Raḥīm") is, without question, a verse (āyah) of the Noble Qur'an, and according to the Shāfi‘ī school, it constitutes a verse of Sūrat al-Fātiḥah itself. Al-Fātiḥah is a pillar of the prayer, and it consists of seven verses, of which the basmalah is one. The prayer is not valid without reciting it, nor if any of the Fātiḥah's verses, letters, or shaddahs (consonant doublings) are omitted or altered.

It is stated in Bushrā al-Karīm (Vol.1/p.202), from the books of the Shāfi‘ī school: "The basmalah is a complete verse of it [i.e., of al-Fātiḥah] in practice — and it suffices, for this to be established, that there be strong probability (ẓann), especially given that this has come very close to certainty (yaqīn), due to the consensus (ijmā‘) of the Companions on its inclusion in the muṣ-ḥaf [the written text of the Qur'an] in its script, despite their extreme diligence in excluding from it anything that did not genuinely belong to it — to the point that they even [carefully regulated] its diacritical dots and vowel markings." And Allah, the Exalted, knows best.

What is the ruling on the Friday bath (ghusl al-Jumu'ah)?

The Friday bath is a confirmed Sunnah, based on the Prophet's (peace be upon him) saying: "Whoever performs ablution on Friday, it is good for him, and whoever takes a bath, bathing is better." (Reported by Abu Dawud and al-Tirmidhi who said it is a hasan hadith). It is recommended for everyone who wants to attend the Friday prayer, even if they are not from its usual attendees, like a woman or a boy.

If a person is in a state of major impurity (junub) and intends by his bath both lifting the major impurity and the Friday bath, he achieves both. If he intends only one of them, he achieves only what he intended. And Allah the Almighty knows best.