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Resolutions of Iftaa' Board

Resolution No.(75): “Ruling on the System Applied by the Housing Fund of Jordan Phosphate Mines Company“

Date Added : 02-11-2015

 

Resolution No.(75): “System Applied by the Housing Fund of Jordan Phosphate Mines Company“

Date: 22/3/1425, corresponding to 12/5/2004 AD.

 

The Board received the following question:

What is the ruling of Islamic Sharia on the system applied by the housing fund of JPMC?

Answer: All success is due to Allah.

The Board is of the following view:

1- Loans granted by the above fund entail usurious interests as indicated in articles (9, 15, 16, 17, and 18) and this violates the rules of Sharia pertaining to the prohibition of usurious loans, for Allah Says in this regard: “but God hath permitted trade and forbidden usury.” {Al-Baqarah/2}.

2- Deducting (500fils) from the salary of every subscribing employee as a contribution for social solidarity is permissible according to Islamic Sharia, because it is based on cooperation which is promoted by Islam. Allah The Exalted Says in this regard {What means}: “Help ye one another in righteousness and piety, but help ye not one another in sin and rancour: fear Allah, for Allah is strict in punishment.” {Al-Mai`dah/2}.

3- Deducting (0, 0015) annually from the value of the loan (as an allowance for services provided by the fund and for social solidarity) isn`t permissible in Islamic Sharia because there lies the reason behind the prohibition of usury. However, it is permissible to deduct a specific, reasonable and fixed sum in return for administrative services of each loan, regardless of its amount and repayment span since the effort involved is the same. Nonetheless, there should be no mixing between the sum charged in return for administrative services and that charged for social solidarity.

4- Housing and life insurance of subscribers isn`t permissible in Sharia because it involves usury and gambling, which are classified as contracts of uncertainty and compulsion. And Allah Knows Best.

 

Chairman of the Iftaa` Board, Chief Justice, Izzaldeen At-Tamimi
Dr. Ahmad Hilayel
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

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."

Is it permissible to purchase the Udhiyah on installments?

It is permissible to purchase the sacrificial animal (uḍḥiyyah) on installments or by borrowing its price. However, it is not recommended for the poor to do so, because they are not required to offer a sacrifice, and Allah does not burden a soul beyond its capacity. If doing so would lead to negligence in providing for one's dependents (nafaqah wājibah), then giving precedence to obligatory maintenance over borrowing to buy the sacrifice is appropriate. This is based on the saying of the Prophet (peace and blessings be upon him): "It is sufficient sin for a person to withhold food from those whom he is responsible to support."
 
Furthermore, the sacrifice is valid from one who has a debt, but it is preferable (awlā) to repay the debt first, especially if the debt is due immediately (ḥāll). And Allah Almighty knows best.

Is the prayer of someone who didn`t face Quibla (Ka`ba direction) valid?

All perfect praise be to Allah,The Lord of The Worlds.                                                                                                                                                              Facing the Quibla is a condition for the validity of prayer, and the prayer of the person who hadn`t faced the direction of the Quibla is invalid, and he is obliged to repeat it. And Allah Knows Best.

What is the ruling on eating or drinking during the first Adhan?

It is permissible to eat and drink during the first Adhan because it takes place before the break of dawn. The purpose of this Adhan is to notify Muslims of the approaching dawn so they can prepare to stop eating when they hear the second Adhan.

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