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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

Is it permissible to slaughter a sheep on Eid al-Adha with the intention of charity (sadaqah) on behalf of a sick person, and with the intention of udhiyah (sacrificial animal) at the same time?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The udhiyah (sacrificial animal) is an act of worship intended for its own sake; therefore, it must be slaughtered with the intention (niyyah) of udhiyah.
 
Whoever intends to draw closer to Allah through this act of obedience with the intention of udhiyah, and also intends to gift the reward to another person, there is no Islamic objection to that. And Allah Almighty knows best.

What is the ruling on istinja' after urination, and is it done with water and soap or with water only?

Istinja' from urine and stool is obligatory. It is permissible to perform istinja' with water alone, or with toilet paper alone. The best way is with toilet paper then water. If one wishes to suffice with one of them, then water is better. And Allah the Almighty knows best.

What is the ruling on making up missed prayers during prohibited times?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to make up (qada’) missed prayers at any time, even during the periods when prayer is generally prohibited. The prayers that are forbidden and considered invalid during these times are 'absolute voluntary prayers' (nafl mutlaq)—which have no specific cause—and voluntary prayers whose cause follows the prayer itself, such as the Sunnah of entering Ihram or the Sunnah of the Istikharah prayer. Furthermore, no prayer is considered disliked (makruh) during these prohibited times when performed within the Meccan Sanctuary (Makkah al-Mukarramah).
 
It is stated in Bushra al-Karim (Vol.1/P.181), one of the Shafi’i texts: 'It is not forbidden to perform prayers that have a cause that is not delayed (i.e., the cause is preceding), such as making up a missed prayer (fa’itah)—even if it was a voluntary one—and the funeral prayer (janazah); or a cause that is simultaneous, such as the prayer for rain (istisqa’) or the eclipse prayer (kusuf)... and the Sunnah of wudu, the greeting of the mosque (tahiyyat al-masjid), the Sunnah of circumambulation (tawaf), the Sunnah of arrival, and the prostrations of recitation (tilawah) or thankfulness (shukr). These mentioned prayers and their like are not forbidden provided that one does not specifically intend (ta'ammud) to perform them during the disliked time because it is a disliked time. If one does so intentionally, it becomes forbidden, even if it is a mandatory makeup prayer that is due immediately; because in that case, one is acting in defiance of the Sharia. This is in contrast to when one does not specifically seek out that time, even if the prayer happens to fall within it, or if one seeks it for another purpose—such as delaying a funeral prayer to that time so that a larger number of people may pray over the deceased; in such cases, it is permissible and valid... And it is forbidden to perform prayers with no cause at all, like absolute nafl, or those with a delayed cause, such as the Istikharah prayer, the prayer for Ihram, the prayer for a need (hajah), the prayer before leaving the house, or the prayer before execution; because their causes occur after the prayer itself.' And Allah the Exalted knows best."

What is the Du`a (supplication) of Istikhara (guidance prayer)?

O Allah, I consult You as You are All-Knowing and I appeal to You to give me power as You are Omnipotent, I ask You for Your great favor, for You have power and I do not, and You know all of the hidden matters. O Allah! If you know that this matter (then he should mention it) is good for me in my religion, my livelihood, and for my life in the Hereafter, or he said: "for my present and future life" then make it (easy) for me. And if you know that this matter is not good for me in my religion, my livelihood and my life in the Hereafter, or he said: "for my present and future life" then keep it away from me and take me away from it and choose what is good for me wherever it is and please me with it."

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