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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(160): "Ruling on Selling a Car to One who Pays for it from a Usurious Loan

Date Added : 05-10-2015

Resolution  No.(160) (26/2010) by The Board of Iftaa`, Research and Islamic Studies:

                "Ruling on Selling a Car to the One who Pays for it from a Usurious Loan"

Date: (17/1/1432A.H); (23/12/2010 A.D).

 

 

All praise is due to Allah, peace and blessings be upon Prophet Mohammad and upon his family and companions:

The Board of Iftaa`, Research and Islamic Studies reviewed, in its ninth session held on Thursday (17/1/1432A.H)-(23/12/2010 A.D), the following question:

I own an automobile exhibition, and some of my customers   buy their  cars through a commercial bank, so they make a copy of the car`s license and check  report. When the bank approves to buy the car for the customer, it sends me a promise to pay letter once the notice of abandonment is done and the car is mortgaged  to the bank. Later, I pay a visit to the bank and collect the exact price of the car as had been agreed. What is the ruling of Sharia on this transaction ?

After careful study and deliberation,  the Board decided the following:

Such transaction is prohibited in Sharia since it helps in committing what is prohibited. Allah Has Forbidden helping each other in  sin and rancor, whereas He, The Almighty Said (What means): “Help ye one another in righteousness and piety, but help ye not one another in sin and rancour: fear Allah. for Allah is strict in punishment.” {Al-Ma`ida/2}.

In Sahih Muslim (1598), Jabir (May Allah be pleased with him) reported: “The Messenger of Allah (PBUH) cursed the one who accepts Ar-Riba (the usury) and the one who pays it. And the one who records it, and the two persons who stand witness to it. He added (All of them are equally sinful).” {Muslim}. And Allah Knows Best.

 

Head of the Iftaa` Board, The Mufti General of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh.

Vice Head of the Iftaa` Board, Dr. Ahmad Helayel

Dr. Yahia Al-Botoosh/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Judge Sari Attieh/ Member

Dr. Mohammad Khair Al-Essa/ Member

Prof. Abduln`nassir Abu Al Bass`al/ Member

Dr. Mohammad Oklah Al-Ib`brahim

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Gharaibeh/ Member

Dr.Abdulrahmann Ibbdah/ Member

Executive Secretary of the Iftaa` board, Sheikh Mohammad Al-Hunaiti

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Summarized Fatawaa

Is it permissible to offer an Udhiyah on behalf of the deceased?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Offering an Udhiyah (sacrificial animal) on behalf of a deceased person is permissible. This is the official position of the Hanbali school (as stated in Kashshaf al-Qina’ by al-Bahuti,Vol.6/P.428) and was also upheld by the prominent Shafi'i scholar Al-’Abbadi (mentioned in Bidayat al-Muhtaj by Ibn Qadi Shuhbah,Vol. 4/P.358). It has likewise been narrated as a valid view among some Maliki and Hanafi scholars.
 
In fact, Imam Abu Dawud dedicated an entire chapter in his Sunan collection entitled, "Chapter on Sacrificing on Behalf of the Deceased." In it, he recorded a narration from Hanash, who said: "I saw 'Ali sacrificing two rams, so I asked him, 'What is this?' He replied, 'The Messenger of Allah (peace and blessings be upon him) commanded me to offer a sacrifice on his behalf, so I am sacrificing on his behalf.'"
 
Imam Abu Dawud also narrated from Jabir (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said: "O Allah, this is from You, for You, and on behalf of Muhammad and his Ummah (community). In the Name of Allah, and Allah is the Greatest," and he then slaughtered the animal.
 
The textual evidence here lies in the fact that our Master, the Prophet (peace and blessings be upon him), offered a sacrifice on behalf of his entire community—and it is well-established that his community includes those who have already passed away.
 
Furthermore, there is an abundance of sacred texts demonstrating that the rewards of righteous deeds reach the deceased. For instance, it is permissible to fast on behalf of a deceased person who passed away with missed obligatory fasts, and it is equally permissible to perform Hajj on their behalf, both of which are firmly established in authentic Hadiths. Therefore, if the reward of fasting (which is a purely physical act of worship) and Hajj (which is a joint physical and financial act of worship) can reach the deceased, then the reward of an Udhiyah reaches them with greater reason (by way of A Fortiori argument). This is because it is a purely financial act of worship, falling under the general category of charity (Sadaqah).
 
Additionally, scholars have reached a consensus (Ijma') that the rewards of charity reach the deceased, and since the Udhiyah is inherently an act of charity, it falls under the same ruling. Consequently, based on all the aforementioned evidence, we hold the view that offering a sacrifice on behalf of the deceased is entirely permissible. And Allah the Almighty Knows Best.

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.

Is it permissible for a woman to wear underwear while performing Umrah?

Yes, it is permissible for a woman to wear underwear while performing Umrah. This is because she should keep her regular clothes that cover all her body while being in a state of Ihram (ritual consecration) for Hajj, or Umrah. However, she should uncover her face and hands, but it is permissible for her to let her head-covering garment drape from her head down over her face when non-Mahram (i.e., marriageable) men pass by her. And Allah Knows Best.

What is the ruling on making up missed fasts from many years?

A Muslim must make up for any missed fasts, as they are a debt owed to Allah. The Prophet ﷺ said:
"The debt owed to Allah is more deserving of being fulfilled." [Narrated by Muslim]
Whoever has missed fasts must make them up as long as they are alive and capable of fasting.

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