Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No. (171): "Ruling on Organized Tawaroq Sale Carried out by some Islamic Banks"

Date Added : 27-10-2015

Resolution No. (171) (3/2012) by the Board of Iftaa`, Research and Islamic Studies: "Ruling on Organized Tawaroq Sale Carried out by some Islamic Banks"
Date:  29/4/1433 AH, corresponding to 22/3/2012 AD.

 

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.

On the above given date the Board reviewed the following question

What is the ruling of Sharia on organized Tawaroq sale carried out by some Islamic banks?

In modern terms, in this type of sale the purchaser of a commodity in installments may re-sell it in cash amounts less than the purchase amount. The commodity can also be sold either by the purchaser`s deputy, or the financer.

Organized Tawaroq sale carried out by some Islamic banks is a form of evading usury (Riba), because the real purpose behind it is collecting a sum of money against an increase, where the bank carries out sham purchase of certain commodities, then sells them to the purchaser in installments. Afterwards, the bank re-sells them to a third party against a cash amount which is less than the first amount, then gives that cash amount to the purchaser in installments, but the bank obliges the latter to pay off the first amount.

In terms of Islamic Sharia, this is considered a usurious loan, even though it seems a form of Tawaroq sale from the outside.

The Messenger of Allah (PBUH) said: "The deeds are considered by the intentions, and a person will get the reward according to his intention. So whoever emigrated for Allah and His Messenger, his emigration will be for Allah and His Messenger; and whoever emigrated for worldly benefits or for a woman to marry, his emigration would be for what he emigrated for." [Agreed upon].

Therefore, it is a prohibited a contract, because it is a form of evading prohibited usury. Omar Bin Abdulaziz used to say about Tawaroq: "It is the brother of usury (Riba)." This is based on the following saying of the Prophet (PBUH): "Don`t you imitate the Jews who made the unlawful lawful by resorting to the meanest of tricks." [Ibtaal Al-Heyal/pp.47].

On its part, the Board is of the view that organized Tawaroq carried out by some Islamic banks is forbidden. This is confirmed by resolution no. (179) (5/19) of the International Islamic Fiqh Academy/2009.

The Board, advises Islamic banks and institutions to adhere to the Sharia approved forms of investment and financing, and to avoid suspicious tricks, in compliance with the legal rules that realize the objectives of Sharia. And Allah Knows Best.

 

 

Chairman of the Iftaa` Board 
The Grand Mufti of The Hashemite Kingdom of Jordan :His Eminence , Abdull-Kareem Al-Khasawneh
Vice Chairman of the Iftaa` Board:  His Eminence Dr. Ahmad Hilayel
Dr.Yahia Al-Botosh/member
His Eminence :Sheikh Sa`id Al-Hijawi/member
Dr. Mohammad Khair Al-Essa/member
Dr. Wasif Al-Bakkri /member
Dr. Mohammad Al-Qhodat/Member
Dr.Mohammad Al-khalayleh/member
Prof. Abdulnasir Abulbasal/member
Dr.Mohammad Al-Zo`bi/member

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Summarized Fatawaa

Is a wife considered divorced if her husband refused to go to bed with her (for sexual intercourse) for two months?

A wife doesn`t get divorced no matter for how long her husband refuses to have sex with her, and she had better go to court.

What is the ruling on ablution if vaginal discharge is expelled, and is it impure?

If these discharges exit from the external genitalia (apparent part of the vagina), they are not impure and do not invalidate ablution. If they exit from the internal part, they are impure and do invalidate ablution. If it is uncertain whether they are from the internal or external part, they are not impure and do not invalidate ablution.
 
The apparent part is what becomes visible when sitting, and what the husband's penis reaches during intercourse is considered part of the apparent. The internal part is what is beyond that. And Allah the Almighty knows best.

Does the use of suppositories, enemas, or hemorrhoid creams affect the validity of fasting?

Enemas and suppositories inserted through either of the two private passages invalidate the fast. This ruling is based on the statement of Ibn Abbas (may Allah be pleased with him): "Breaking the fast occurs from what enters (the body), not from what exits." [Reported by Al-Bayhaqi in As-Sunan Al-Kubra]
His generalization regarding anything entering the body indicates that it invalidates fasting, whether it is nutritious or not, as even non-nutritious substances resemble food in form.
It is recommended to use them before Fajr or after Iftar. However, if a person must use them while fasting, they should continue refraining from food and drink for the rest of the day and make up for that day later.

What does "All the deeds of the son of Adam are for him, except fasting" mean?

The Prophet ﷺ said: "Allah, the Almighty, said: 'Every deed of the son of Adam is for him, except for fasting; it is for Me, and I shall reward for it." [Agreed upon]
This means:
● Every deed of the son of Adam may be affected by showing off (riyaa’), except fasting, because only Allah knows whether a person is truly fasting or not.
● The reward for all deeds is known—one good deed is multiplied tenfold—except fasting, as only Allah knows its true reward.