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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

What is the ruling on making up missed prayers during prohibited times?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to make up (qada’) missed prayers at any time, even during the periods when prayer is generally prohibited. The prayers that are forbidden and considered invalid during these times are 'absolute voluntary prayers' (nafl mutlaq)—which have no specific cause—and voluntary prayers whose cause follows the prayer itself, such as the Sunnah of entering Ihram or the Sunnah of the Istikharah prayer. Furthermore, no prayer is considered disliked (makruh) during these prohibited times when performed within the Meccan Sanctuary (Makkah al-Mukarramah).
 
It is stated in Bushra al-Karim (Vol.1/P.181), one of the Shafi’i texts: 'It is not forbidden to perform prayers that have a cause that is not delayed (i.e., the cause is preceding), such as making up a missed prayer (fa’itah)—even if it was a voluntary one—and the funeral prayer (janazah); or a cause that is simultaneous, such as the prayer for rain (istisqa’) or the eclipse prayer (kusuf)... and the Sunnah of wudu, the greeting of the mosque (tahiyyat al-masjid), the Sunnah of circumambulation (tawaf), the Sunnah of arrival, and the prostrations of recitation (tilawah) or thankfulness (shukr). These mentioned prayers and their like are not forbidden provided that one does not specifically intend (ta'ammud) to perform them during the disliked time because it is a disliked time. If one does so intentionally, it becomes forbidden, even if it is a mandatory makeup prayer that is due immediately; because in that case, one is acting in defiance of the Sharia. This is in contrast to when one does not specifically seek out that time, even if the prayer happens to fall within it, or if one seeks it for another purpose—such as delaying a funeral prayer to that time so that a larger number of people may pray over the deceased; in such cases, it is permissible and valid... And it is forbidden to perform prayers with no cause at all, like absolute nafl, or those with a delayed cause, such as the Istikharah prayer, the prayer for Ihram, the prayer for a need (hajah), the prayer before leaving the house, or the prayer before execution; because their causes occur after the prayer itself.' And Allah the Exalted knows best."

Is the one offering the sacrifice liable if its meat spoils?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
If the meat (of the sacrifice) spoils due to the negligence of the one offering the sacrifice in preserving it, or due to improper storage, then he is liable to compensate for the portion due to the poor (which is estimated as half a kilogram of meat). If the sacrifice was a vowed (mandatory) one, then he is liable for all of it.
 
However, if he was not negligent, then there is no liability upon him, because its ruling is the ruling of a trust (like an item left in someone's care). And Allah Almighty knows best.

What is the ruling on one who slept while firmly seated on the ground, regarding nullification of ablution?

The default ruling regarding sleep is that it nullifies ablution. An exception to this is one who slept while firmly seated on the ground; his ablution is not nullified by sleep if he wakes up while still firmly seated on the ground. And Allah the Almighty knows best.

How does a praying person prostrate?

All perfect praise be to Allah,The Lord of The Worlds                                                                                                                                                                        It is from Sunnah that he/she sits with both knees on the ground in order to prostrate, then hands, nose and forehead are placed on the same place. In addition, the toes have to touch the ground, and be directed towards the Qiblah (direction of Ka`bah) during prostration. And Allah Knows Best.

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