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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Date Added : 27-10-2015

 

Resolution No.(124),(11/2008): “The Penalty Clause in Debts“

Date:29/11/1429 AH, corresponding to 27/11/2008 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.

During its seventh session held on the above given date, the Iftaa` Board reviewed the penalty clause stated in some of the contracts that it had reviewed.

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

Giving the creditor the power to receive pecuniary charge and to claim it in case the debtor failed to repay him is called the penalty clause. This provision is invalid and renders the contract invalid, because it is from the Riba (usury/interest) of Jahilliyaah (the days and traditions of ignorance), and it is forbidden as stated in the Holy Quran. Whereas, Allah Says (what means): “but God hath permitted trade and forbidden usury.” (Al-Baqarah/275).

Receiving a pecuniary charge from the debtor in case of delay in payment is tantamount to stipulating it upon the conclusion of the contract. This is because it is the kind of Riba that the Arabs used to have at that time. They used to tell a debtor, “You either settle the debt, or add an interest.” {Kindly refer to Tafseer At-Tabari vol.3, pp.275}.

The penalty clause is an increase on the original value of the debt against delay in repayment. This increase is forbidden and invalid, whether it was stipulated in the contract such as the penalty clause, or was stipulated upon the deadline of the repayment.

Therefore, the penalty clause pertaining to debt settlement is parallel to acknowledging Riba upon concluding the contract, and this is forbidden in Islamic Sharia. And Allah Knows Best.

 

Chairman of the Iftaa` Board, the Grand Mufti of Jordan/ Dr. Nooh Al-Qodat

Vice Chairman of  the Iftaa` Board, Dr. Ahmad Hilayel/ Member

Sheikh Abdul-Kareem Al-Khsawneh/Member

Dr. Sa`eid Hijjawi/  Member

                   Dr. Mohammad Khair Al-Essa/ Member

                                                              Judge Sari Attieh/ Member

          Dr. Abdurahman Ibdaah/ Member

       Dr. Mohammad Oklah/ Member

               Dr. Abdunnasser Abulbasal/ Member

                                            Dr. Mohammad Al-Khalayleh/ Executive Secretary of the Iftaa Board        

 

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Summarized Fatawaa

My husband told me that he concluded our marriage with a fake name that belongs to another person, because he was sentenced. Nowadays, he recieved an ID, passport and birth certificate with the his current name. What is the ruling on being married to him?

Praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Muhammad and upon all of his family and companions.  As regards being married to the person mentioned in your question: The marriage is valid so long as he was the same person your guardian concluded the marriage with, even if he changed his name i.e. if your marriage contract was concluded with the same person, since what counts regarding marriage is the persons not names. And Allah Knows Best.

 

Although engaged to be married, a man committed adultery with another woman. What is the ruling of Sharia on this?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
 
There is no sin on the woman to whom this man is engaged; however, he is considered a cheater and must receive the punishment prescribed in Sharia. And Allah The Almighty Knows Best.

How to pay Zakah (obligatory charity) due on articles of merchandise?

Articles of merchandise are estimated by their whole sale market price at the end of each lunar year, and (2.5%) of their value is paid as Zakah whether it (value) went up, or down compared to actual purchasing price, and whether the increase (profit) was in the article itself such as an increase in the animal`s weight, or in the prices themselves. And Allah Knows Best.

What is the ruling on praying behind an undesirable Imam?

It is permissible to pray behind an Imam who is undesirable for committing religious violations, and it is disliked for such an Imam to lead the prayer. Still, If he was undesirable for a personal, or a worldly matter, then such argument doesn’t hold water. And Allah Knows Best.

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