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Resolutions of Iftaa' Board

Resolution No.(182): "Ruling on Linking the Rent with a Changing Parameter"

Date Added : 12-11-2015

Resolution No.(182)(15/2012) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Linking the Rent with a Changing Parameter"

Date: 23/12/1433 AH, corresponding to 8/11/2012 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.

On the above given date, the Board reviewed  linking the rent with a changing parameter.

After researching and deliberating, the Board decided what follows:

Linking rents with changing parameters is one of the modern forms employed by markets to overcome the fluctuation of prices; particularly, long term rents where prices of apartments vary and values differ in accordance with the factors affecting the market.

Therefore, the Board sees no harm in linking the rent with a specific parameter by which the contracting parties are governed when determining the amount of the rent at the beginning of long term leases, because it averts dispute and deception.

Since Muslim scholars have permitted hiring a worker in return for food and clothing, hiring a reaper in return for a fixed amount of the crop as well as selling and leasing according to the market price, or the standard price, then it is axiomatic that it is permissible to lease items (apartments, cars...etc.) against a rent which is linked with a certain financial parameter. And Allah Knows Best.

 

The Grand Mufti of Jordan / His Eminence Sheikh AbdulKareem al-Khasawneh

Prof. Hail Abdul Hafeez / Member

Prof. Abdulnasser Abulbasal / Member

Dr. Yahia al-Botoosh / Member

Sheikh Sae`id Hijjawi / Member

Dr. Wasif al-Bakhri / 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 fasting only on Friday, Saturday, or Sunday?

In voluntary fasting (nafl), it is disliked (makruh) to fast only on Friday, Saturday, or Sunday.
However:
● If one fasts a day before or after Friday, then that is permissible.
● The same applies to Saturday and Sunday—fasting them along with another day removes the dislike.
● Fasting all three days (Friday, Saturday, and Sunday) together is not disliked.
If any of these days coincide with a recommended fasting day, such as Arafah or Ashura, then fasting it alone is not disliked.

Is it permissible to make ablution without answering the call of nature after waking up?

Washing front and back openings (Istinjaa`) is not a condition for the validity of ablution because it is done to remove Najaasah (impurity), thus if there is no Najaasah, there is no need for that, and then it is permissible to make ablution without answering the call of nature. However, prayer is invalidated if there is Najaasah on the anus ,or the front opening, so it (Najaasah) must be removed for the prayer to become valid, and not the ablution.

If a woman becomes pure from menstruation before the Fajr Adhan in Ramadan, is she required to fast?

If a woman becomes pure (from menstrual period) before the Fajr Adhan, she must fast, as the impediment preventing her from fasting has been removed. The Sharia maxim in this regard states: "When the impediment is removed, the obligation returns."
She should then make the intention to fast before Fajr and perform ghusl (ritual purification) for prayer, whether before or after Fajr.

What is the waiting period ('Iddah) for a woman whose husband has passed away, and what is the ruling on her wearing gold?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The waiting period ('Iddah) for a woman whose husband has passed away is four months and ten days for one who is not pregnant. As for a pregnant woman, her waiting period lasts until she gives birth. It is obligatory for her to remain in the marital home, only leaving for a necessity. During this time, it is prohibited (Haram) to display any form of adornment on the body or clothing; this includes wearing kohl, gold, all types of perfume, and dyeing the hair. Likewise, it is prohibited to receive a direct marriage proposal or to marry during this period.
 
It was narrated by Umm 'Atiyyah that the Prophet ﷺ said: 'We were forbidden to mourn for a deceased person for more than three days, except for a husband, for whom the mourning period is four months and ten days. During this time, we were not to use kohl, nor wear perfume, nor wear dyed clothing except for garments made of 'Asb (coarsely dyed yarn). We were, however, granted a concession at the time of purification—when one of us bathed following her menses—to use a small amount of Kust (costus) or Azfar (fragrant substances). We were also forbidden from following funeral processions.' (Narrated by Al-Bukhari). And Allah the Exalted knows best."

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