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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Date Added : 02-11-2015

 

Resolution No.(56): “Ruling on Reducing the Profits Due on the Purchaser (In Islamic Murabaha) Against His Settling of Payments Ahead of their Due Time, or Vice Versa“

Date: 22/9/1422 AH corresponding to 7/11/2001 AD.

 

The Board recieved the following question:

What is the ruling of Islamic Sharia on reducing the profits due on the purchaser for the Orphans` Fund Development Foundation against paying them ahead of time, or increasing them in case of delay?

Answer: All success is due to Allah.

Reducing the profits due on the purchaser (in case he settled all the payments due on him before the due time of the last one) isn`t permissible because the transaction/sale had been settled and the price of the commodity became due on him; therefore, it is impermissible to reduce any percentage of the profit in return for settling all the payments before the due date of the last one.

Similarly, the Board is of the view that it is impermissible to add any percentage to the profits due on purchasers (in Murabaha) against their procrastination in settling payments as this is considered a usurious interest.

The Foundation may-in case of extreme insolvency- defer the payments due on these purchasers as it deems suitable, and without adding any percentage to the profit due on them for Allah Says in the Noble Quran {what means}: “If the debtor is in a difficulty, grant him time Till it is easy for him to repay. But if ye remit it by way of charity, that is best for you if ye only knew. “ {Al-Baqarah/280}. And Allah Knows Best.

Iftaa` Board
Chairman of the Iftaa` Board, Chief Justice, Izz Al-Deen Al-Tamimi
                   Dr. Mohammad Abu Yahia       
                    Dr. Abdulsalam Al-Abbadi         
    Dr. Yousef Gheezaan
Dr. Wasif Al-Bakhri
   Sheikh Saeid Hijjawi
        Sheikh Na`eim Mojahid

 

1) For further details in this regard, kindly refer to RES No. (61)

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Summarized Fatawaa

Does the clipping of nails nullify ablution?

No, it does not, and it is preferable to wash the hands afterwards.

A person bought a device through a usurious bank, and receives income from it every month after paying the bank for the price. Now the person regrets it, what should he do now?

This person has fallen into what is forbidden due to dealing with usury. He must repent sincerely, and whoever repents, Allah Will Accept their repentance. As for the device, there is no need to sell it. And Allah Knows Best

I have a question regarding the deferred portion of the dowry (Mahr)*. Is the wife entitled to it only upon divorce or she can claim it even if divorce hasn`t taken place? Moreover, does she have the right to claim this portion after death of husband, even if he didn`t divorce her before that?

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.
In the marriage contract, it is recorded that the deferred portion of the dowry is due upon divorce or death, whatever comes first. If divorce took place first then the woman is entitled to it and if the husband died this amount must be paid from his estate. On the other hand, if the woman died then the husband becomes liable for this portion and it becomes part of the woman`s estate. We advise every husband to give this portion to his wife while alive because it is a right of hers. And Allah The Almighty Knows Best.
* In Islam, a Mahr is the obligation, in the form of money or possessions paid by the groom, to the bride at the time of Islamic marriage (payment also has circumstances on when and how to pay). While the mahr is often money, it can also be anything agreed upon by the bride such as jewelry, home goods, furniture, a dwelling or some land. Mahr is typically specified in the marriage contract signed upon marriage.

Which hour coincides with the last third of the night?

This hour could be figured out by calculating the number of night hours which start at sunset, and end at dawn break, then the total is divided on three to get the result.

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