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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 of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

What are the Sunnah acts of fasting?

● Delaying Suhoor (pre-dawn meal) as long as there is no risk of Fajr beginning.
● Hastening Iftar (breaking the fast) immediately after confirming sunset.
● Performing I‘tikaf, especially during the last ten nights of Ramadan.
● Reciting the Quran frequently.
● Avoiding idle and useless talk.
● Being generous and charitable.
● Guarding oneself from desires.
● Purifying oneself from major impurity (janabah) before Fajr.

Should missed Sunnah prayer be made up?

Making up missed voluntary acts of worship is from Sunnah.

Some online stores offer a discount on a customer's first purchase — what is the ruling on creating a new account each time a customer makes a purchase in order to obtain that discount?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is obligatory upon a Muslim to uphold honesty in both his words and his actions. Allah the Almighty says {what means}: "O you who have believed, do not betray Allah and the Messenger or betray your trusts while you know." [Al-Anfāl/ 27] And He says {what means}: "O you who have believed, fear Allah and be with the truthful." [Al-Tawbah/ 119]. And the Messenger of Allah ﷺ said: "Whoever deceives us is not of us." (Reported by al-Bukhārī.)
As for creating a new account for the same buyer, the terms and conditions of the website must be observed and respected. If doing so violates those terms, it is not permissible. And Allah the Almighty knows best.

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