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Resolutions of Iftaa' Board

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 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

What is the ruling of Islamic Law on selling gold or silver in installments or for a differed price?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is prohibited (haram) to sell gold or silver in installments or for a deferred price; rather, immediate hand-to-hand exchange (Taqabud) is mandatory, otherwise, it is considered usury (Riba). The Messenger of Allah ﷺ said: 'Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt—like for like, hand to hand. Whoever increases or asks for an increase has engaged in Riba; the receiver and the giver are the same in this regard.' (Narrated by Muslim). Furthermore, when exchanging new gold for used gold, they must be of equal weight, or it falls into Riba.
 
The permissible solution (al-makhraj) is for the merchant to purchase the used gold for cash first, and then sell the new gold for cash in a separate transaction. However, the price must be paid during the sitting of the contract (Majlis al-Aqd) for both deals. Alternatively, the jeweler may take the used gold with the intent of remodeling or repairing it, and then charge a fee for the craftsmanship or repair work. And Allah the Exalted knows best."

What is the ruling on discharges two or three days before the expected period of menstruation and the light-colored blood accompanying it? Must the woman abstain from prayer during this period?

If the total duration of these blood-tinged discharges reaches a day and a night (24 hours) or more, it is considered menstruation. If their total does not exceed 24 hours, it is not considered menstruation but is irregular bleeding (dam al-fasad). Each woman has specific cases for which she should ask the scholars. And Allah the Almighty knows best.

Is it permissible for a pious Muslim woman to stay with her husband who had quit praying out of laziness?

Quitting prayer is one of the major grave sins that come after disbelieving in Allah, but the wife of such a person isn`t considered divorced, rather, she should exert all her efforts in order to bring him back to the way of Islam. However, if his sin is likely to lure her from the way of Islam, then she had better separate from him by lawful means such as Mokhal`aa (When a wife pays a compensation for her husband in return for divorcing her). Moreover, if she exercises patience, and remains steadfast on her faith, then there is no harm in doing that.

Does undergoing surgery under anesthesia break the fast?

Anesthesia itself does not break the fast because anesthetic gases have no physical substance (jirm), and subcutaneous anesthesia injections do not reach the body cavity (jauf). However, this is on condition that the person is conscious at some point during the fasting hours:
● If they were awake at the beginning of the day, their fast remains valid.
● If they wake up even for a moment before sunset, their fast is also valid.
However, if the surgery involves the entry of foreign substances into the body cavity, their fast is invalidated, and they must make up for that day later.

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