Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(167): "Ruling on the Uncovered Credit Card at the Islamic Bank"

Date Added : 08-10-2015

Resolution No.(167) (8/2011) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on the Uncovered Credit Card at the Islamic Bank"

Date 26/8/1432AH, corresponding to 28/7/2011AD.

 

All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
During its eleventh session held on the above given date, the Board reviewed the following question:
What is the ruling of Sharia when a client of the Islamic Bank requests issuing him a credit card in return for a charge (15-30) JDs, where he uses this card to purchase products while his balance is uncovered, so the bank debits them to his account until his salary arrives. Afterwards, the bank deducts the exact value of those products from the client`s salary. However, if he withdrew a certain cash amount from an ATM using that card-while his balance is uncovered- the bank deducts it from his salary in addition to 4% of that amount?
After prolonged deliberations, the Board decided:
Part one: The issuance charge (15-30) JDs charged by the bank on annual basis  against offering actual services to the client is permissible if it equals them. Also, if the client made a withdrawal from the bank by using this card while having a covered balance, then it is permissible for the bank to deduct a specific fee in return for that service.
Part two: Making a withdrawal through this card from ATM machine while the client`s balance is uncovered and the bank deducting it from his salary in addition to 4% from the withdrawn amount is unlawful. This is because in Sharia terms this transaction is classified as a loan and the Sharia maxim in this regard states that every loan which leads to a benefit is usurious. Consequently, every interest that results from this loan in favor of the bank is a forbidden usury. Allah, The Almighty, Says (What means): "Those who devour usury will not stand except as stand one whom the Evil one by his touch Hath driven to madness. That is because they say: "Trade is like usury," but God hath permitted trade and forbidden usury" {Al-Baqarah/275}. And Allah Knows Best.


Chairman 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 of Islamic Law on the "wheel of fortune"?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If entry into the contest is free of charge, meaning it is not paid for, and a company offers it to a customer so that he may enter a prize draw, then there is no objection or sin in it. In that case, it is considered a gift from the merchant. This is what appears in Iftaa Board Resolution No. 3/2010. And Allah, the Exalted, knows best.

What is the ruling on performing Tahajjud after the Witr?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for one who has prayed the Witr to perform voluntary (Nafl) prayers after it. However, it is preferable for the Witr to be the final prayer of the night. Therefore, if a person is confident that they will wake up during the night for Tahajjud, it is recommended for them to delay the Witr until after the Tahajjud. Conversely, if one fears they may not wake up, they should perform the Witr before sleeping.
 
Al-Khatib al-Shirbini (may Allah have mercy on him) stated: 'It is not disliked (Makruh) to perform Tahajjud after the Witr, but it is not recommended to do so intentionally.' [Mughni al-Muhtaj, Vol. 1/P.454]. And Allah the Exalted knows best."

 

 

What is the ruling on a woman who learns of her divorce or her husband's death after her *ʿiddah* has ended? And does the *ʿiddah* of a woman who abandoned mourning (*iḥdād*) for the whole period of the *ʿiddah*, or part of it, still end, even though she knew that abandoning it is forbidden?**

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The waiting period of a widow who is not pregnant is four months and ten days, based on the saying of Allah Almighty (which means): “And those of you who die and leave wives behind, they shall wait concerning themselves for four months and ten days” [al-Baqarah/234]. If she is pregnant, her ʿiddah ends with the delivery of her child. The ʿiddah is calculated by lunar months and begins from the date of death.
If her ʿiddah ends before she learns of her husband’s death, or of his divorcing her, she does not observe the ʿiddah upon learning of it, because her ʿiddah has already ended.
It is stated in al-Bayān fī Madhhab al-Imām al-Shāfiʿī (Vol.11/p.41), one of the books of the Shāfiʿī school: “If a man divorces his wife, or dies while he is absent from her, her ʿiddah is from the time of the divorce or from the time of death. If she does not know of the divorce or the death until her ʿiddah period has ended, then her ʿiddah has ended. If she learns of it before the end of the ʿiddah period, she completes her ʿiddah counting from the time of the divorce or death.”
As for a woman who abandoned mourning throughout the ʿiddah while knowing that it is forbidden, she is sinful, although her ʿiddah has nonetheless ended. And Allah Almighty knows best.

What is the ruling on congregational prayer performed outside the mosque, and is it a condition that it be performed in a mosque in order to attain the full reward?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is not a condition for attaining the reward of congregational prayer that it be performed in a mosque; however, a Muslim should still be keen to perform his prayers in the mosque, so as not to miss out on immense reward. This is due to the virtue of the mosque and of spending time there (i‘tikāf), the typically larger number of worshippers present, and the additional reward gained through walking to and from the mosque. On the authority of Abū Hurayrah (raḍiyallāhu ‘anh), the Messenger of Allah ﷺ said: "Whoever purifies himself in his house, then walks to one of the houses of Allah to fulfill one of the obligations Allah has prescribed, one of his steps will erase a sin, and the other will raise him a degree [in status]." (Related by Muslim)
Whoever misses congregational prayer at the mosque should still strive to pray in congregation at his workplace, or together with the members of his household. And Allah, the Exalted, knows best.