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Resolutions of Iftaa' Board

Resolution No.(157): "Ruling on Supervising the Construction of Dwellings Funded by Non-Islamic Banks"

Date Added : 02-11-2015

Resolution No.(157)(23/2010) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Supervising the Construction of Dwellings Funded by Non-Islamic Banks"

Date: 17/1/1432 AH, corresponding to 23/12/2010 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 twelfth session held on the above date, the Board reviewed the following question: 

I have an engineering office where I receive people who wish to construct buildings. They fall into two categories:

First: Those who have obtained usurious loans to construct a building and seek my supervisory services.

Two: Those who ask me to provide them with a construction plan and a cost the intended buildings to submit them to one of the non-Islamic banks to receive a usurious loan.

After prolonged deliberations, the Board decided what follows:

It is permissible for you to supervise the dwellings of the first category since it doesn`t involve any kind of usury as you charge a wage in return for your work.

As regards the second category, it is impermissible for you to supervise their buildings because doing so helps in committing usury. Allah Said 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-Ma`idah/2}. 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

"If the fidyah becomes obligatory upon a pregnant or nursing woman because she broke her fast out of fear for her child, is it obligatory from her own wealth, or from her husband's wealth?"

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The fidyah (ransom/compensation payment for breaking the fast) is obligatory from the wife's own wealth, and is not obligatory upon the husband unless he voluntarily chooses to pay it on her behalf.
It is stated in Mughnī al-Muḥtāj (Vol.2/P.174): "If the two [the pregnant woman and the nursing mother] fear for the child alone — such as a pregnant woman fearing miscarriage, or a nursing mother fearing that her milk supply would decrease, thereby endangering the child — then both the qaḍā' (making up the missed fast) and the fidyah become obligatory upon them, to be paid from their own wealth." And Allah, the Exalted, knows best.

What is the Islamic ruling on the aqiqa?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah is a confirmed Sunnah (sunnah mu'akkadah). Two sheep are to be slaughtered for a newborn boy, and one sheep for a newborn girl. This is established by numerous Prophetic traditions, among them:
The narration of Samurah ibn Jundub, may Allah be pleased with him, who reported that the Messenger of Allah ﷺ said: "Every child is held in pledge for his 'aqīqah, which is slaughtered on his behalf on the seventh day, and he is named, and his head is shaved." — Narrated by al-Tirmidhī, who graded it as ḥasan ṣaḥīḥ.
And the narration of 'Ā'ishah, may Allah be pleased with her, who said: "The Messenger of Allah ﷺ commanded us to slaughter one sheep as 'aqīqah for a girl, and two sheep for a boy." — Narrated by Aḥmad and Ibn Mājah.
The imperative in these narrations is understood to denote recommendation rather than obligation, based on the ḥadīth of 'Amr ibn Shu'ayb, on the authority of his father, on the authority of his grandfather, who said: The Messenger of Allah ﷺ was asked about the 'aqīqah, whereupon he said: "Allah does not love 'uqūq" — as though he disliked the name itself — and then said: "Whoever has a child born to him and wishes to offer a sacrifice on their behalf, let them do so: two equivalent sheep for a boy, and one sheep for a girl." — Narrated by Aḥmad and Abū Dāwūd.
The legal inference drawn from this narration is that the Prophet ﷺ linked the slaughter to the wish and willingness of the individual, saying: "whoever wishes to offer a sacrifice... let them do so" — thereby indicating that the 'aqīqah is recommended (mustaḥabb) and not obligatory (wājib).
And Allah Almighty knows best.

What is the ruling on giving Zakat al-Fitr in cash?

The default ruling is that Zakat al-Fitr should be given as the staple food of the land. In Jordan, for example, the staple food is wheat or rice, and the amount of Zakat al-Fitr is 2,500 grams per person. It is easy to give this amount of rice to the poor and needy, and this is the correct ruling according to all Islamic schools of thought.
However, Hanafi scholars have permitted giving Zakat al-Fitr as monetary value, considering it more beneficial for the poor and easier for the giver.

Is it permissible to purchase the Udhiyah on installments?

It is permissible to purchase the sacrificial animal (uḍḥiyyah) on installments or by borrowing its price. However, it is not recommended for the poor to do so, because they are not required to offer a sacrifice, and Allah does not burden a soul beyond its capacity. If doing so would lead to negligence in providing for one's dependents (nafaqah wājibah), then giving precedence to obligatory maintenance over borrowing to buy the sacrifice is appropriate. This is based on the saying of the Prophet (peace and blessings be upon him): "It is sufficient sin for a person to withhold food from those whom he is responsible to support."
 
Furthermore, the sacrifice is valid from one who has a debt, but it is preferable (awlā) to repay the debt first, especially if the debt is due immediately (ḥāll). And Allah Almighty knows best.

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