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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 on reciting aloud (*jahr*) in a silent (*sirriyyah*) prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Reciting aloud (jahr) in the Fajr prayer, in the first two rakʿahs of Maghrib and ʿIshāʾ, and reciting silently (isrār) in the Dhuhr and ʿAṣr prayers is a sunnah. If the worshipper recites aloud where silence is prescribed, or the reverse, his prayer is valid, although it is better to follow the sunnah, in imitation of the Prophet (peace and blessings be upon him). Abū Hurayrah (may Allah be pleased with him) said: “In every prayer there is recitation. What the Messenger of Allah (peace and blessings be upon him) let us hear, we let you hear, and what he concealed from us, we conceal from you. If you add nothing to Umm al-Qurʾān (al-Fātiḥah), it suffices, and if you add to it, it is better.” Narrated by al-Bukhārī.
Shaykh al-Islām Imam al-Nawawī (may Allah have mercy on him) said in al-Majmūʿ (Vol.3/389): “The sunnah is to recite aloud in the two rakʿahs of Ṣubḥ (Fajr), Maghrib, and ʿIshāʾ, and in the Friday prayer, and to recite silently in Dhuhr, ʿAṣr, the third rakʿah of Maghrib, and the third and fourth of ʿIshāʾ. All of this is by the consensus of the Muslims, together with the mutually reinforcing authentic ḥadīths on the matter. This is the ruling for the imam. As for the individual worshipper (munfarid), it is sunnah for him to recite aloud according to us and according to the majority… If he recites aloud where silence is prescribed, or the reverse, his prayer is not invalidated, nor is there a prostration of forgetfulness (sujūd al-sahw) for it, but he has committed something disliked (makrūh).” And Allah Almighty knows best.

What is the ruling on the prayer of one who said "Subḥāna Rabbiya al-ʿAẓīm" in prostration (*sujūd*) and forgot to correct it?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Saying “Subḥāna Rabbiya al-ʿAẓīm” in bowing (rukūʿ) and “Subḥāna Rabbiya al-Aʿlā” in prostration (sujūd) is one of the hayʾāt (non-essential sunnahs) of the prayer. Whoever omits it, whether deliberately or by forgetfulness, or replaces it with another remembrance (dhikr), his prayer is valid and he does not perform sujūd al-sahw. Shaykh al-Islām Imam al-Nawawī (may Allah have mercy on him) said: “Our school holds that one does not prostrate for omitting the audible or silent recitation, the tasbīḥ, and the rest of the hayʾāt.” [al-Majmūʿ, Vol.4/p.127]
If he performs sujūd al-sahw for something that does not call for it, his prayer is invalidated, because he introduced a prostration of forgetfulness without a cause, and he must repeat the prayer. The exception is one who did so out of forgetfulness or ignorance, whether because he recently entered Islam or because he lives far from scholars; he is excused and his prayer is not invalidated.
It is stated in Mughni al-Muḥtāj (Vol.1/p.417): “It is stated in al-Anwār: If he does something that does not call for sujūd al-sahw, thinking that it does, and then prostrates, his prayer is not invalidated if he is ignorant because he recently entered Islam or because he is far from scholars.”
Since this issue is hidden from the laity, as it is among the subtleties of knowledge, and the laity are excused for ignorance of whatever is of such a nature, and their act of obedience is not invalidated because of it, it may be said that the prayer of one who has not acquired knowledge of the issue is not invalidated. As for after knowing it, the prayer is invalidated.
Whoever realizes while still in the prayer that his prostration was out of place, it is sunnah for him to perform sujūd al-sahw. And Allah Almighty knows best.

Is the son of the sister by breastfeeding considered a mahram in Islam, and is it permissible for a woman to go for Hajj with him?

Everything that is prohibited by lineage is also prohibited by breastfeeding. The son of the sister by breastfeeding is considered a mahram, just like the son of the sister by blood, and it is permissible for him to be her mahram for Hajj and Umrah. And Allah Knows Best.

What is the ruling on performing the Istikhara prayer after the Witr paryer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Istikhara prayer (Prayer for seeking guidance) is a Sunnah. It consists of two units (rak’ahs) performed outside of the obligatory prayers, after which the person supplicates with the traditionally narrated du’a. It is permissible to perform it before or after the Witr prayer, as the Istikhara prayer is recommended at all times except during the disliked times—the periods in which prayer is prohibited. This is because its specific reason (the Istikhara and supplication) occurs after the prayer itself, and any prayer with a subsequent reason is not permitted during the prohibited times. It should be noted that the two rak’ahs of Istikhara are not fulfilled by performing only one rak’ah, nor by a prostration of recitation (Sajdat al-Tilawah), nor by a funeral prayer (Janazah). And Allah the Exalted knows best.

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