Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(143) (8/2010): "Ruling on Commissions Charged by Brokers In Money Laundering Operations"

Date Added : 02-11-2015

 

Resolution No.(143) (8/2010) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Commissions Charged by Brokers In Money Laundering Operations"

Date: (7/5/1431 A.H), corresponding to (22/4/2010)AD.

 

 

All praise be to Allah, peace and blessings be upon Prophet Mohammad and upon his family and companions:

During its fourth session held on the above given date, the Board reviewed the following question:

What is the ruling on commissions charged by brokers in money laundering operations that take place in certain countries, and with their approval ?

After careful study and deliberation, the Board decided what follows:

“Money Laundering” is to transform illegally obtained gain into seemingly legitimate funds in order to hide its origin so that it looks as if it comes from a legitimate business. 

Money laundering is prohibited in Islamic Sha`ree`ah, because the money itself comes from an illegitimate source such as usury, gambling, drugs and wines, so the resulting profit is ill-gotten. Allah Says in the Holy Quran, (What means): “O ye who believe! Eat not up your property among yourselves in vanities: But let there be amongst you Traffic and trade by mutual good-will: Nor kill (or destroy) yourselves: for verily God hath been to you Most Merciful!” {An-Nis`sa/29}. This verse clarifies that it is wrong for a Muslim to waste a property whether it was in his name, or belongs to the community, or to the people over whom he has control. A Muslim is allowed to increase property by economic use (traffic and trade). We must be careful of our own and other people`s lives and commit no violence. Our violence to our own brethren is particularly preposterous, seeing that Allah has loved and showered His mercies on us and all His creatures.

 

Money laundering isn`t a trade because those who do it aren`t seeking profit, rather, they falsely seek to make it look like a legitimate business.

Undoubtedly, money laundering causes great damage to the national economy and leads to tax evasion which undermines the public treasury because the overhead revenues don`t cover the overhead expenses, and this undermines the state and strengthens the organized crime.

Accordingly, brokerage in such illegitimate operations is forbidden in Islamic law because it assists in committing that which is unlawful. Allah 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`da/2}. Brokerage in this illegal activity assists in establishing that which is mendacious since every derivative of mendacity is equally mendacious, so the money resulting from it is tantamount to illegitimate gain.

The Hashemite Kingdom of Jordan has fought this phenomenon, and so it issued the Counter Money Laundering Law No.(46/2007) which bans such a crime, counters it and regards it liable to punishment. And Allah Knows Best.

 

 

Head of the Iftaa` Board, The Mufti General of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh

Vice Head of the Iftaa` Board, Dr. Ahmad Hilayel

Dr. Yahia Al-Botoosh/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Dr. Mohammad Khair Al-Essa

Judge Sarrie Attieh

Dr. Abdulrahman Ibbdah/ Member

Dr. Mohammad Oklah/ Member

Dr. Abduln`nassir Abu Al Bass`al/ Member

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Gharaibeh/ Member

Executive Secretary of the Iftaa` Board, Dr. Ahmad Al-Ha`sanat

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Summarized Fatawaa

What is the ruling on Friday Ghusl (ritual bath)?

Friday Ghusl is a confirmed Sunna (Prophetic tradition) even if a person wasn`t in a state of Janbah (ritual impurity), or physically unclean. However, one who doesn`t make Ghusl on Friday isn`t sinful for the Prophet (PBUH) said: "It is good for a Muslim to make ablution for Friday prayer, but it is better to make Ghusul. [At-Tirmithi & Abu Dawood].

What is the ruling on someone who fasts but does not pray?

A Muslim must be diligent in fulfilling all obligations, and after the Shahadah, prayer is the most important duty.
● If someone abandons prayer out of disregard, they are considered a disbeliever, and their fasting is not accepted.
● If they abandon prayer out of laziness, they are still a Muslim, and their fasting remains valid, but they have committed a grave sin by neglecting prayer.

Is it permissible to offer prayer at home, or should it be offered in the mosque?

All perfect praise be to Allah, The Lord of The Worlds.                                                                                                                                                                      It isn`t preferable for the man to pray at home as praying in the mosque is twenty seven times more rewarding. Therefore, this should motivate him to offer prayers in the mosque. And Allah Knows Best.

When does the time for the 'aqīqah lapse and pass?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
If the guardian was financially capable (mūsir) during the majority of the postnatal period (nifās) — which is sixty days — then the obligation of the 'aqīqah remains upon him until the child reaches the age of maturity (bulūgh). Once the child reaches maturity, the demand falls away from the father and those like him. At that point, it becomes Sunnah for the child himself to perform the 'aqīqah on his own behalf.
However, if the guardian was financially incapable (mu'sir) during the postnatal period, and then became financially capable after its expiry — that is, after sixty days — the 'aqīqah is no longer required of him. And Allah Almighty knows best.