Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(106): “Ruling on Foreign Exchange Offices“

Date Added : 02-11-2015

 

Resolution No.(106) by the Board of Iftaa`, Research and Islamic Studies:  

“ Ruling on Foreign Exchange Offices “

Date: 26/4/1472 AH, 24/5/2006 AD

 

 

Question: What is the ruling on foreign exchange offices that deal in foreign exchange speculation, American Stock Exchange (AMEX), gold, silver and petrol.

The way such offices operate can be clarified as follows: The client makes a deposit e.g.(5000) dollars and the office offers him credit facilities up to (50.000), but when the loss reaches (5000), the client loses his money and the office closes his account and the opposite is true in case of profit?

Answer:

The Board is of the view that such transaction is forbidden in Islamic Law {Sharia} because the money which the office lends to the client is conditioned by trading in foreign exchange with none other than it. In this case, it is a tied loan: no credit facilities to the client unless he adheres to dealing with the office alone. Moreover, the office`s profit is assured while the client`s isn`t, and this is tantamount to gambling.

This is in addition to the fact that this transaction is conducted without mutual reception in the place where the transaction was concluded. Also, the office sells and buys that which isn`t in its possession and this has been disapproved and forbidden by the Prophet (PBUH). And Allah Knows Best.

 

 

Chairman of the Iftaa` Board

Chief Justice/ Dr. Ahmad Hilayel

Dr. Abdusalam Al-Abbadi                                      Dr. Yousef Ghaidahn

Dr. Abdolmajeed As-Salaheen                              Sheikh Sai`ed Hijjawi

Dr. Wasif Al-Bakri                                         Sheikh Abdulkareem Khasawneh

Sheikh Na`iem Mujjahid

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Summarized Fatawaa

What should one do if they see someone deliberately eating or drinking openly during Ramadan?

They must enjoin what is right and forbid what is wrong. If they fear harm from that person, they should disapprove of it in their heart but avoid sitting with them if possible. It is also preferable to seek the help of the authorities to prevent them from doing so.

Is it permissible for a wife to leave her house without asking her husband?

It is impermissible for the wife to leave her house without asking her husband except for a sound reason.

What is the ruling of Islamic Law regarding one who slaughters a ewe and it turns out to have been pregnant, and is it permissible to slaughter the ewe if one knows it is pregnant?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person slaughters a ewe and it turns out to have been pregnant, the fetus becomes lawful (ḥalāl) by virtue of its mother's slaughter (tabaʿan li-ummihā).
It is stated in Mughnī al-Muḥtāj (Vol.6/P.158): "A fetus found dead [after the mother's slaughter], or found alive but in a state resembling that of a slaughtered animal [i.e., dying shortly after], becomes lawful — whether or not it had grown fur — provided it is found in the womb of a mother that was lawfully slaughtered, whether her slaughter was by cutting the throat, or by an arrow or hunting dog sent after her. This is based on the ḥadīth: 'The slaughtering of the fetus is [effected by] the slaughtering of its mother' [narrated by al-Tirmidhī, who graded it ḥasan, and by Ibn Ḥibbān, who graded it ṣaḥīḥ] — meaning that the slaughter which rendered the mother lawful renders the fetus lawful as well, by virtue of following her; and because the fetus is one of her constituent parts, and her slaughter renders lawful all of her parts."
This ruling differs, however, from the case of one who knows from the outset that the ewe is pregnant [and intends to sacrifice her specifically as the udḥiyah while pregnant] — in which case, according to the Shāfi'ī school, she does not fulfill the requirement of a valid sacrifice.
It is stated in Ḥāshiyat al-Bujayrimī 'alā al-Khaṭīb (Vol.4/P.335): "A pregnant animal does not fulfill the requirement [of a valid sacrifice], and this is the authoritative position (al-mu'tamad), because pregnancy diminishes the quality of the meat. As for why such an animal is nevertheless counted as complete [i.e., fully valid] in matters of zakāh, that is because the intent there is reproduction (nasl), not the quality of the meat.". And Allah, the Most High, knows best.

What does (Whoever fasts Ramadan with faith and seeking reward) mean?

This phrase is part of a hadith in which the Prophet ﷺ said:
"Whoever fasts Ramadan with faith and seeks his reward from Allah, their past sins will be forgiven." [Agreed upon]
The meaning is:
● They fast Ramadan with firm belief that Allah has made it obligatory.
● They fast out of obedience to Allah, knowing they will meet Him.
● They hope for reward from Allah and fast purely out of their faith while seeking His reward.