Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(73): “Ruling on Deducting a Percentage from the Value of Vouchers Given to Drivers Against Collecting them on their Behalf“

Date Added : 28-10-2015

 

Resolution No.(73): “Deducting a Percentage from Vouchers' Value Given to Drivers for Collecting them on their Behalf“

Date: 17/2/1425 AH corresponding to 7/4/2004 AD.

 

The Board received the following question:

What is the ruling when (Aqaba Voucher Encashment Agencies for Freight Drivers) collect the sums of vouchers given to freight drivers from the (Jordan United Transport) with deducting (5%) against the effort they exert in doing that?
Answer: All success is due to Allah.
The Board is of the view that it is impermissible for the above agencies to take a percentage of the collected sums (in accordance with the manner stated above) because this transaction is parallel to usurious loaning and bill discounting. However, it is permissible for the above agencies to charge a fixed sum, not related to any percentage from the amounts due to owners or drivers of trucks, against collecting these amounts on their behalf, whether these amounts are big or small since both entail the same effort. Moreover, it is permissible for these agencies to pay the owners and drivers of these trucks the amounts due to them as a good will loan, to be collected later. And Allah Knows Best. 

Chairman of the Iftaa` Board, Chief Justice,

Izzaldeen At-Tamimi

Dr. Yousef Ghyzaan

       Dr. Abdulsalam Al-Abbadi         

Dr. Wasif Abdulwahaab     

  Sheikh Saeid Hijjawi 

                 Dr. Mohammad Abu Yahia                

     Sheikh Nai`em Mujahid       

                                                                Sheikh Abdulkareem Al-Khasawneh                                                                      

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Summarized Fatawaa

I hired a private tutor for my son through an academy that sends teachers [to families] and takes a percentage [of their pay]. At the start of the [new] school year, I arranged directly with that same teacher, without the academy's knowledge. What is the ruling on this?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The ruling on this matter depends on knowing the specific terms of the agreement and contract concluded with the academy. If the agreement stipulates that no arrangement may be made with any of the students except through the academy itself, then it is not permissible for you to breach the terms of this contract, based on the words of our master, the Messenger of Allah ﷺ: "Muslims are bound by their conditions." (Related by al-Bukhārī)
However, if the agreement pertains only to teaching a specific subject, and the agreement concludes once that subject is finished, then there is no objection to arranging with the teacher to teach other subjects after the contract period has ended, outside of the academy.
Whatever the case maybe, the teacher must uphold the terms of his contract with the academy. And Allah, the Exalted, knows best.

When does the time for Udhiyah begin?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
The permissible timeframe for Udhiyah (sacrificial offering) begins on the day of Eid al-Adha—the 10th of Dhul-Hijjah—once the sun has risen and a period of time sufficient to perform two brief prayer units (Rak'ahs) and two short sermons (Khutbahs) has passed. This window remains open until the sun sets on the final day of Tashreeq, which is the 13th of Dhul-Hijjah.
 
Our Master, the Messenger of Allah (peace and blessings be upon him), said: "Every valley of Mina is a place of sacrifice, and slaughtering may be done throughout all the days of Tashreeq." (Narrated by Al-Bayhaqi and Ibn Hibban)
 
The days of Tashreeq refer to the 11th, 12th, and 13th of Dhul-Hijjah.
 
The most virtuous time to perform the sacrifice is immediately after concluding the Eid prayer, based on the statement of the Prophet (peace and blessings be upon him): "The first thing we do on this day of ours is to pray, then we return and offer our sacrifice. Whoever does that has acted in accordance with our Sunnah (tradition), and whoever slaughters before that, it is merely meat he has provided for his family; it has nothing to do with the ritual sacrifice." (Reported by Al-Bukhari and Muslim)
 
What is meant here is an estimation of time rather than the actual performance of the prayer itself, as our Master, the Messenger of Allah (peace and blessings be upon him), used to offer the Eid al-Adha prayer immediately after sunrise.
 
The sacrifice is valid if performed at any time during these designated days, whether by day or by night, though slaughtering at night is considered disliked (Makruh). And Allah the Almighty Knows Best.

Is it permissible to sacrifice imported livestock (Such as Romanian, Australian, etc.)?

 

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
As long as the sheep meets the prescribed Sharia age and is free from disqualifying defects, it is valid for sacrifice regardless of its country of origin. Therefore, it is permissible to offer sacrifices from various sources, such as: Romanian, Australian, Spanish, Indian, Sudanese, local (Baladi) livestock, and others. And Allah the Almighty knows best.

Is Zakah (obligatory charity) due on owned land?

Zakah is due on the land used as an article of merchandise and was originally bought for that end. Zakah is due on it at the end of every lunar year. Its value is estimated, and (2.5%) of the total value of all such lands owned by the questioner is given as Zakah. However, no Zakah is due on the land used for building a house, or an agricultural purpose.