Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(58): “Which Party is Responsible for Settling the Usurious Interests In the Following Financial Dispute?“

Date Added : 02-11-2015

 

Resolution No.(58): “Which Party is Responsible for Settling the Usurious Interests In the Following Financial Dispute?“

Date: 9/11/1422 AH corresponding to 23/1/2002 AD.

 

The Board received the following question:

A citizen had obtained a license for a taxicab agency, so he asked me to buy him a certain brand of cars from a neighboring country because I have an automobile agency. We have agreed upon paying me half of the price in advance, I pay the other half, I process the cars through customs, licensing Dept. and register them in the name of his taxicab agency i.e. his name, and then he pays me the other half afterwards.

After I have delivered my end of the deal and mortgaged the cars to the Jordan-Kuwait Bank, he backed down and didn`t pay the second half due on him, rather, he requested allocating that sum, so I was forced to withdraw my investment account at the Jordan-Islamic Bank, which led my accounts in other banks to be in the red. As a result, the Jordan-Kuwait Bank started charging interests and I was forced to make a new arrangement with the debtor whereby he shall pay the second half of the sum divided over twelve bills in addition to paying an increase over the commission agreed upon earlier. However, before paying the last three bills, I remitted the debtor from half of the agreed upon increase. My question is of three parts:

1- Who is to pay off the interests of the Jordan-Kuwait Bank?

2- Is it permissible for me to calculate the profits that were lost because of withdrawing my investment account at the Jordan-Islamic Bank?

3- What is the Sharia ruling on the increase, which we have agreed upon in return for allocating the second half of the sum due on the debtor?

Answer: All success is due to Allah.

1- The increase agreed upon with the owner of the taxicab agency against (debtor) his delay in payment is unlawful and it is impermissible for the creditor to take it because it is a forbidden interest. Allah Says in this regard {what means}: “but God hath permitted trade and forbidden usury.” {Al-Baqarah/275}.

2- In case the owner of the automobile agency took the aforementioned interest, he should give it back to the owner of the taxicab agency. If that wasn`t possible, then he should give it as charity or spend it in charitable causes and in favor of Muslims` public interest because it is ill-gotten money.

3- The interests charged on the owner of the automobile agency due to the overdrawing of his account are to be settled by him because they are forbidden and resulted from his dealing with a non-Islamic bank. In addition, it is imperative that he avoids dealing in usurious interests, seeks forgiveness of Allah and makes genuine repentance to Him. Allah Says {what means}: “O ye who believe! Fear God, and give up what remains of your demand for usury, if ye are indeed believers. If ye do it not, Take notice of war from God and His Apostle: But if ye turn back, ye shall have your capital sums: Deal not unjustly, and ye shall not be dealt with unjustly.” {Al-Baqarah/278}. And Allah Knows Best.

 

Iftaa` Board

Chairman of the Iftaa` Board, Chief Justice, Izz Al-Deen Al-Tamimi

               Dr. Mohammad Abu Yahia     

                                                                    Dr. Ahmad Hilayil

                Dr. Abdulsalam Al-Abbadi       

               Sheikh Mahmoud Shwayyaat

    Dr. Yousef Gheezaan

Dr. Wasif Al-Bakhri

   Sheikh Saeid Hijjawi

      Sheikh Naeim Mujahid

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Summarized Fatawaa

What is the ruling on swallowing phlegm while fasting?

If a fasting person intentionally swallows phlegm, their fast is invalid, as it is possible to avoid it.
However, if they swallow it unintentionally, their fast remains valid.
Phlegm is impure and should be avoided.

What are the disliked (makruh) acts of fasting?

● Excessive rinsing of the mouth and nose (during ablution), as it may lead to swallowing water.
● Tasting food or doing anything that may risk breaking the fast.
● Engaging in idle talk, and it is even more emphasized to avoid lying, backbiting, and gossiping.

What are the conditions for a valid Udhiyah?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
First: The age of the animal must meet the Sharia requirements. These requirements vary depending on the type of sacrifice:
 
Camels: Must have completed five years and entered their sixth.
 
Cows: Must have completed two years and entered their third.
 
Goats: Must have completed two years and entered their third. As for Sheep, they must have completed one year and entered their second.
 
Some scholars have permitted goats that have completed one year and entered their second.
 
The Hanafi school, along with an opinion in the Maliki school, permits sacrificing sheep that are at least six months old, provided they are healthy and physically substantial. According to the Shafi’i school, it is permissible if the sheep sheds its front teeth (ajdha') before reaching one year [Al-Iqna’, by Al-Shirbini (Vol.2/P.588)].
 
Second: Soundness and freedom from defects. The animal must be free from any defect that causes a decrease in its meat or market value. This is based on the hadith narrated by Al-Bara' bin 'Azib, that the Prophet (peace be upon him) said:
 
"Four [defects] are not permissible in sacrifices: A one-eyed animal whose blindness is evident, a sick animal whose illness is evident, a lame animal whose lameness is evident, and an emaciated animal that has no marrow in its bones." [Reported by Abu Dawood and Al-Tirmidhi, who graded it as authentic].
 
These defects are detailed as follows:
 
Evident Lameness: It is not permissible to sacrifice a lame animal if the lameness is severe enough to prevent it from walking to the pasture or seeking food, as this leads to a decrease in its meat. However, slight lameness that does not hinder its grazing is overlooked.
 
Evident Blindness (One-eyed): It is not permissible to sacrifice a sheep, cow, or camel that has a white film over its eye blocking light, or one that has lost an eye entirely. Weak vision that does not affect its ability to eat does not prevent the sacrifice from being valid.
 
Evident Illness: An animal with a clear sickness that prevents it from eating or moving is not valid. This includes severe mange (Jarab) that spoils the meat.
 
Extreme Emaciation: An animal so thin that there is no marrow left in its bones is invalid. The standard for emaciation that invalidates the sacrifice is that which spoils the quality of the meat to the point that people would find it undesirable even in times of plenty.
 
Additional Considerations:
These are the defects mentioned in the Prophetic tradition, and any defect that causes emaciation or reduces the meat or value is compared to them by analogy. This includes animals that are mentally unstable (diseased), those with mange, or those with a missing ear. In contrast, a slit or pierced ear does not affect the validity of the sacrifice. And Allah the Almighty knows best.

What should a person do if they suffer from an incurable illness that prevents them from fasting?

A person who has an illness that is not expected to be cured and prevents them from fasting must feed a needy person one mudd (600 grams) of food (such as wheat or rice) for each missed day instead of fasting.
Allah Almighty says {what means}: "and [in such cases] it is incumbent upon those who can afford it to make sacrifice by feeding a needy person." [Al-Baqarah/184].