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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

What is the expiation for perjury?

Perjury is forbidden and one of the major sins that require turning to Allah in repentance, seeking His forgiveness, giving back rights to whom they belong, or seeking their forgiveness, and expiating for that oath.

What should the one performing the slaughter say at the time of slaughtering the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah to say the following supplication at the time of slaughtering the 'aqīqah:
"Bismillāhi wallāhu Akbar, Allāhumma laka wa ilayka, hādhihi 'aqīqatu fulān."
("In the name of Allah, and Allah is the Greatest. O Allah, this is for You and unto You — this is the 'aqīqah of [the child's name].")
This is based on what al-Bayhaqī narrated in Al-Sunan al-Kubrā (Vol.9/P.511), that the Prophet ﷺ said: "Slaughter it in his name and say: In the name of Allah, and Allah is the Greatest. O Allah, this is for You and unto You — this is the 'aqīqah of so-and-so."
And Allah Almighty knows best.

Is the one offering the sacrifice liable if its meat spoils?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
If the meat (of the sacrifice) spoils due to the negligence of the one offering the sacrifice in preserving it, or due to improper storage, then he is liable to compensate for the portion due to the poor (which is estimated as half a kilogram of meat). If the sacrifice was a vowed (mandatory) one, then he is liable for all of it.
 
However, if he was not negligent, then there is no liability upon him, because its ruling is the ruling of a trust (like an item left in someone's care). And Allah Almighty knows best.

Does Laylat al-Qadr move between the nights of Ramadan?

Laylat al-Qadr is definitely in Ramadan, and it is most likely in the last ten nights, especially on the odd-numbered nights.
For this reason, the Prophet ﷺ commanded observing worship in the last ten nights, and he himself used to dedicate those nights to worship. Many people put special effort into the 27th night of Ramadan, and they are rewarded in any case, whether they actually coincide with Laylat al-Qadr or not, because worshiping on any night of Ramadan carries great rewards.
 

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