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Resolutions of Iftaa' Board

Resolution No.(176): "Ruling on Murabaha Sale where the Purchaser is Authorized to Conclude the Contract, or to Collect the Commodity in Question"

Date Added : 29-10-2015

 

Resolution No.(176)(8/2012) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Murabaha Sale where the Purchaser is Authorized to Conclude the Contract, or to Collect the Commodity in Question"

Date: (8/8/1433 A.H) (28/6/2012 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 fourth session held on Monday (8/8/1433 A.H)-(28/6/2012 A.D), the following question:

What is the ruling on a financial institution, which deals in Murabaha, authorizing the purchaser to purchase the commodity and possess it?

After careful study and deliberation, the Board decided what follows:

Islamic banks are in the vanguard of financial procession due to their success at times of crises and economic challenges. They have proven that the Islamic Economy is the soundest and most productive means of development and stability, and that its foundations secure the equilibrium between the benefit of the individual and the interest of the community.

In its bid to set this procession straight, and cleanse it from doubtful matters (lawful or unlawful) and trickery, the Board has decided to ban authorizing the purchaser, or his deputy from purchasing in-kind commodities and collecting them on behalf of the institution dealing in Murabaha in order to prohibit usurious borrowing  and employing trickery to legalize it. This is also because the outcome of deputizing is a factor in resembling the usurious loans, thus the transaction takes the form of cash for cash, but with an extra amount added to the original one (Usury/interest). This particularly happens when the deputizing process becomes a regular pattern adopted by Islamic Murabaha Institutions, thus we fear that these would lose  the essence of true trading which differentiates them from the usurious  banks.

The Board advises the various Islamic financial institutions to direct their employees to purchase commodities and collect them on behalf of these institutions, and to abide by the Murabaha system ratified by the Fiqh Assemblies and Islamic bodies, so as to purify the transaction from flaws and doubtful matters as well as maintain the accomplishments of Islamic banking that have been achieved recently. And Allah Knows Best.

 

Chairman of the General Iftaa` Board, His grace the Mufti General of the Hashemite Kingdom of Jordan, Sheikh Abdulkareem Al-Khasawneh

Sheikh Sa`ied Hijjawi/ Member

Prof. Abdulsalam Al-Abbadi/ Member

Prof. Mohammad Al-Khwdah/Member

Prof. Abdul N`nassir Abu-Al-bas`sal/Member

Dr.Yahia Al-Boutoosh/Member

Dr. Wasif Al-Bakhri/ Member

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Az`zoubi/ Member

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Summarized Fatawaa

What is the ruling on one who doubts washing a limb before or after finishing ablution?

If a person performing ablution doubts leaving the washing of a limb from the limbs of ablution during his ablution, he must repeat washing that limb and wash what comes after it. If he doubts leaving the washing of a limb after finishing the ablution, there is nothing upon him. And Allah the Almighty knows best.

What is the ruling on someone who insults or deceives others while fasting?

Insulting or deceiving others is forbidden (haram) and diminishes the reward of fasting.
The Prophet ﷺ warned against deception, saying: "Whoever deceives is not one of us." [Narrated by Al-Tirmidhi]
However, their fast remains valid despite the sin.

What is the ruling of Islamic Law on following the actions of the imam in prayer and how this following is achieved?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The follower (ma'mum) is required to follow his imam in the actions of the prayer. This "following" (mutaba'ah) means that the follower performs each action of the prayer after the imam has begun it but before he has finished it. For example, the follower bows (in ruku') after the imam has reached the position of bowing, then rises after the imam has risen. The Prophet, peace and blessings be upon him, said: "The imam is only appointed to be followed, so when he says the takbir, say the takbir; and when he bows, then bow; and when he prostrates, then prostrate" (agreed upon, i.e., reported by both al-Bukhari and Muslim).
It is stated in Mughni al-Muhtaj (1/505): "Among the conditions of valid congregational prayer (iqtida') is following the imam in the actions of the prayer... meaning that following the imam is obligatory in the physical actions of the prayer, not in its verbal utterances... Complete following (kamal al-mutaba'ah) is achieved when the follower's beginning of an action comes after the imam's beginning of that same action, while the follower's beginning of the action precedes the imam's completion of it" — end of quote, with slight paraphrasing.
And Allah, the Exalted, knows best.

I broke my oath and am now obligated to pay the expiation for a broken oath (kaffārat al-yamīn). Would it be valid to fulfill this by inviting the poor and needy to a meal for them to eat from?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
The expiation for a broken oath (kaffārat al-yamīn) is given to the poor (fuqarā') and needy (masākīn), and it must be given in the form of ownership (tamlīk) transferred to them of the required amount — namely, one mudd of the staple food of the locality, or its equivalent monetary value. It isn`t valid to invite the poor or needy to a meal prepared for them to eat from, as this does not constitute "ownership" (tamlīk) but merely "permission to partake" (ibāḥah).
Imam al-Shirbīnī (may Allah have mercy on him) said: "What is intended is that ownership be transferred to them; therefore, providing them with lunch or dinner [as a meal to eat from] isn`t valid." [Summarized from Mughnī al-Muhtāj,Vol. 5/P.50]. And Allah the Almighty knows best.

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