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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

I have been married for five years. My husband has two sons from his first marriage. Nevertheless, I took care of his children, and gave birth to a baby boy who is now three years old. Unfortunately, we keep fighting all the time; sometimes over his two sons and sometimes over his family. If I serve his family members and praise them, he treats me kindly. If I don`t, he turns my life into living hell. What should I do?

All perfect 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.

Spouses should live with each other on a footing of kindness and equity. In your case, constructive dialogue is the best course of action. We advise you to be patient, commit your affair to Allah and ask Him to help you. We also recommend that you seek the help of the people of goodness and make them fix things between you and your husband. If all attempts for reconciliation fail then go to court, but we remind you that a problem, which could be solved with a beautiful word, is no problem at all, so praise family and children and try your best to win their hearts. And Allah The Almighty Knows Best.

Is it permissible for a man to lie to his wife? Is it permissible for a man to abandon his wife to work in Saudi Arabia, without her approval, although he is wealthy?

All perfect praise be to Allah, the Lord of the Worlds; may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
The Messenger of Allah commanded men to treat women kindly, so marital problems should be solved through understanding, and whatever causes harm to a woman is forbidden. And Allah The Almighty Knows Best.

Is permissible to abort my embryo if there was a risk on my Life?

All perfect 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                                                                                                                                                                                                                            Abortion is permissible if it was confirmed that the existence of the fetus within his mother's Belly might cause her certain death.Therefore, abortion is permissible if the above conditions were met. And Allah Knows Best.

What is the ruling on visiting a deceased's grave and supplicating Allah for him by his wife? Is the reward of reciting verses of the Holy Qur'an reaches the deceased?

There is no harm on visiting graveyard by woman with the intention of piety so long as they are dressed in accordance to the Islamic teachings. We ask Allah, The Almighty that the reward of reciting the Holy Qur'an on dedicated to the deceased reaches him. And Allah Knows Best.

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