Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(155): "Ruling on the Loan Conditioned by Making a Fixed Monthly Payment to a Solidarity Fund whose Benefit Goes to the Borrowers"

Date Added : 02-11-2015

 

Resolution No.(155)(20/2010) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on the Loan Conditioned by Making a Fixed Monthly Payment to a Solidarity Fund whose Benefit Goes to the Borrowers"

Date: 26/12/1431 AH, corresponding to 2/12/2010 AD.

 

 

All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

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

I`m a government employee and I have received (22000) JDs as a housing loan. Upon collecting that sum, I found out that I should pay (100) JDs as stamps, and that there was a solidarity fund related to the Employees Housing Fund by which (5) JDs are deducted monthly besides the installment, regardless of the loan`s value, which ranges between (15000) and (30000) JDs. It is worth mentioning that the repayment period is (20) years and this applies to all the employees, regardless of the loan`s value. By conclusion, each employee pays (1200) JDs to the solidarity fund over twenty years, knowing that in case an employee dies, this fund pays off all his unpaid installments, regardless of the amount due to the Housing Fund, whether it was (30000) or one JD, and his heirs aren`t liable for repaying any sum.

After thorough deliberations, the Board decided what follows:

The above loan is permissible because the value of the stamps goes to the public treasury, so there is no harm in paying that amount. Moreover, it isn`t usurious because in usury it is a condition that the loan brings profit to the loaner himself; whereas, the value of the stamps goes to the state, not the loaner.

As regards the payments made to the solidarity fund, they are permissible as well, because it enhances solidarity amongst the borrowers. However, each fund should have its independent account so that payments made to the solidarity fund aren`t re-loaned by the Employees Housing Fund. This way eliminates  the suspicion of usury.

It is better that you (questioner) pay the whole amount due to the solidarity fund at the beginning so that nothing gets deducted from the loan or added to it; rather, paying that amount in advance should be a condition for taking the loan. This way, the contract becomes free from the suspicion of usury. We advise participants to pay that amount in advance as a kind of grant or donation. And Allah Knows Best.

 

Head of the Iftaa` Board, The Grand Mufti 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, Sheikh Mohammad Al-Hunaiti

 

 

 

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Summarized Fatawaa

Is Zakah (obligatory charity) due on land intended for selling?

Yes, lands intended for trade are valued, and Zakah is paid according to their estimated value after a lunar year had lapsed, but if the owner didn`t pay the due Zakah, then he should do so after selling them.

What is the ruling on someone who perform their prayer after finishing it because they believe they missed a Rak'a, a prostration, or that they did not perform it correctly (thinking their prayer was invalid)?

If he was sure that his prayer is void then reperforming it is an obligation along with figuring out the reason of invalidity so long as this wasn't out of uncertainty. And Allah Knows Best. 
 

I work in a government institution that gives an additional three dinars per hour I work. The manager combines students into a single session because attendance is low, and the material taught to all groups is the same. I am paid for two hours, although I actually taught only one session, noting that my transportation costs one and a half dinars. What is the ruling?

The only amount you are permitted to take/have is for one hour work. And Allah Knows Best.

My father passed away before my grandfather. Am I entitled to any share of my grandfather`s inheritance?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
According to Islamic courts, you are entitled to what is called obligatory bequest (The distribution of estate to grandchildren who has either lost a parent before the death of the grandparents). Therefore, if your grandfather left such bequest for you, then take that share or else it is more prudent to take nothing. And Allah The Almighty Knows Best.