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Resolutions of Iftaa' Board

Resolution No.(181): "Islamic Banks Subscribing in the Jordan Deposit Insurance Corporation"

Date Added : 02-11-2015

 

Resolution No.(181)(13/2012) by the Board of Iftaa`, Research and Islamic Studies:

"Islamic Banks Subscribing in the Jordan Deposit Insurance Corporation"

Date: 4/11/1433 AH, corresponding to 20/9/2012.

 

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.

On the above given date, the Board reviewed the question sent by the Director-General of the Jordan Deposit Insurance Corporation (JODIC), which reads as follows: What is the ruling of Islamic Sharia on deposits insurance at  Islamic banks and reviewing the amendment of the Corporation`s draft-law pertaining to that?

After researching and deliberating, the Board arrived at the following view:

Deposits at Islamic banks enjoy special characteristics compared to those at non-Islamic banks, because of the difference in the types of accounts.

Therefore, the Board approves of the draft-law which stipulates binding Islamic banks with the insurance of their credit accounts. As regards investment accounts, the annual subscription paid to the Deposit Insurance Corporation should be collected from the holders of these accounts as a deduction against risk. This binds the Corporation to create two independent portfolios at the deposit insurance fund of the Islamic banks, one for the insurance of credit accounts deposits and the other for the investment accounts deposits.

It was made clear to the Board that the amended draft-law rests on values of solidarity and cooperation, and that the amounts paid on this basis are considered donations , and that it (draft-law) aims at protecting people`s funds against risk. In case of liquidation, the capitals of this fund are deposited at the Zakat Fund of the Ministry of Awqaf and Islamic Affairs and Holy Places.

Accordingly, the Board is of the view that establishing this fund for the insurance of deposits at Islamic banks is permissible, and that the suggested amendments of the draft-law comply with the accredited standards of Islamic Sharia. And Allah Knows Best.

 

Chairman of the Iftaa` Board, The Grand Mufti of Jordan: Sheikh AbdulKareem al-Khasawneh

Vice-Chairman of the Iftaa` Board, Dr. Ahmad Hilayel

Prof. Abdulnasser Abulbasal / Member

Dr. Yahia al-Botoosh / Member

Sheikh Sae`id Hijjawi / Member

Prof. Mohammad al-Qhodat / Member

Dr. Mohammad Al-Khalayleh / Member

Dr. Mohammad Khair Al-Esa / Member

Dr. Mohammad  al-Z`obi / Member

 

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Summarized Fatawaa

What is the ruling on one who sees moisture on his clothes and doubts whether it is semen or pre-seminal fluid (madhy)?

Whoever finds moisture upon waking from sleep and doubts whether it is semen or madhy, and cannot distinguish between them, he may choose between them and act according to his choice. If he wishes, he can consider it semen and perform the ritual bath, or consider it madhy, perform ablution, and wash what it has soiled. This is because if he fulfills the requirement of one of them, he is definitively free from it, and the default is his innocence from the other. And Allah the Almighty knows best.

How to pay Zakah (obligatory charity) due on articles of merchandise?

Articles of merchandise are estimated by their whole sale market price at the end of each lunar year, and (2.5%) of their value is paid as Zakah whether it (value) went up, or down compared to actual purchasing price, and whether the increase (profit) was in the article itself such as an increase in the animal`s weight, or in the prices themselves. And Allah Knows Best.

What is required of one who doubts the number of rakʿāt during prayer?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If a person doubts the number of rakʿāt he has prayed, he should build upon the lesser number, as that is what he is certain of. He should then perform the prostration of forgetfulness (sujūd al-sahw) before the final salām at the end of the prayer. ʿAṭāʾ ibn Yasār narrated that the Messenger of Allah ﷺ said: "When any one of you is in doubt during his prayer and does not know whether he has prayed three rakʿāt or four, let him pray one more rakʿah and then perform two prostrations while seated before the salām. If the rakʿah he prayed was a fifth, these two prostrations will make it even; and if it was the fourth, then the two prostrations serve as a humiliation for the devil." (Reported by Abū Dāwūd.)
It is stated in al-Muqaddimah al-Ḥaḍramiyyah — one of the foundational texts of the Shāfiʿī school: "If one doubts whether he has prayed three rakʿāt or four, he is obliged to build upon the lesser number."
However, if such doubt recurs repeatedly and reaches the level of obsessive whispering (waswasah), he should not build upon the lesser number in that case — rather, he should build upon the greater number. And Allah the Almighty knows best.

I have a brother who is harsh in his dealings [with me], and many problems have occurred between us, and I do not intend to reconcile with him. What is the ruling of Islamic Law on that?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is not permissible for a Muslim to abandon or boycott his fellow Muslim brother for more than three days. This is based on the saying of the Messenger of Allah, peace and blessings be upon him: "It is not lawful for a Muslim to forsake his brother for more than three [days], meeting each other but one turns away and the other turns away, and the better of the two is the one who initiates the greeting (salam)." (Reported by al-Bukhari.)
A Muslim must strive to end such estrangement (hajr), so as not to fall under the prohibition mentioned in the hadith. If he takes the initiative to reconcile but the other party does not respond, then there is no sin upon him. We remind [ourselves] of the saying of Allah, the Exalted: "And let them pardon and overlook. Do you not wish that Allah should forgive you? And Allah is Forgiving and Merciful." (An-Nur/22). And Allah, the Exalted, knows best.

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