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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Date Added : 29-11-2015

 

Resolution No.(61): "Dropping an Amount of Postponed Sale in return for Hasting in Payment"

Date: 7/5/1432 AH, corresponding to 18/7/2002

 

The Board received the following question:

What is the ruling of Sharia on dropping an amount of the postponed sale for hasting in paying the bank?

Answer: All the success is due to Allah

The Board is of the view that it is permissible for the bank to drop an amount of the due price of the Murabah in return for the postponed sale for the (asker) as it sees fit provided that it isn`t a regular procedure that it follows with every client, or was initially conditioned in the Murabaha contract, in order to avoid Riba (usury and interest). This is based on the opinion of the jurists who differentiate between a loan and a sale transaction: it is impermissible to drop the due amount of the loan for hasting in paying it.

However, it is permissible to drop the due amount of postponed sale for hasting in paying it as indicated by the later Hanafite jurists such as Abu Asso`ud Afandi and Ibn Abdeen. And Allah Knows Best. Note: kindly refer to resolution no. (56).

 

Chairman of the Iftaa` Board, Chief Justice, Izz Aldeen Attamimi

Dr. Wasif Al-Bakhri

           Dr. Abdulsalam Al-Abbadi

 Dr. Yousef Ghizaan

    Sheikhb Sa`id Hijjawi

        Sheikh Na`iem Mujahid

              Sheikh Mahmood Shwayat

 

 

 

 

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Summarized Fatawaa

A man married a woman at the Islamic Centre in Brussels through a regular marriage contract. However, the husband left her for two years now and never provided her with financial support. Currently, she is staying in Amman, Jordan, and wants to remarry. Is her first marriage considered void and what should she do to remarry lawfully?

All perfect praise be to Allah, the Lord of the Worlds; may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
This issue is within the jurisdiction of the Islamic courts and they have the final say regarding the dissolution of the first marriage contract if there is valid ground for that. Therefore, her first marriage remains valid unless a court decision says otherwise. And Allah The Almighty Knows Best.

Is it permissible to pay the expiation of an oath to a charitable party as it feeds the poor and needy such as Tkiyet Um Ali?

There is no harm on authorizing someone to handle the expiation of another to the poor and needy, since Shafiee's jurists stated that authorizing someone for the purpose of distributing Zakah, expiation and vow is permissible as stated in [Mughni Al-Muhtajj,vol.3/pp.237]. At last, the intention of the person who intends to authorize someone else suffices in this regard. And Allah Knows Best.

Is a person who is in a state of Janabah (major ritual impurity due to having a marital intercourse, ejaculation, menstruation, and post-delivery impurities) sinful if he/she goes about his/her daily life activities in that state i.e. without making Ghusl (ritual bath)?

It goes without saying that a Muslim should always be in a state of ritual purity so as to be able to perform prayers and recite Quran. It is from Sunnah (Prophetic tradition) that a Muslim hastens to make Ghusl from Janabah, but he/she is not sinful in case he/she delayed that provided that he/she doesn`t miss prayers. However, it is permissible for him/her to go about their daily activities while in a state of Janabah, but had better bathe in order not to miss any prayer.

A person prays in a certain spot within the rows of the mosque, and gets angry if someone else prayed at his spot. What is the ruling on this behavior?

All Perfect Praise be to Allah The Lord of The Worlds and may His Peace and blessings be upon our Prophet Muhammad and upon all of his family and companions                                                                                                                                                                                                                              Prophet Mohammad (PBUH) make it prohibited for a Muslim from having/taking a certain spot in the mosque when performing prayers if they arrived and find it occupied, furthermore; it is the religious duty on others (praying people) to offer a piece of advice to alert the ones who don't know, that whoever reaches a spot first at the mosque having a priority/privilege upon others in that spot. And Allah Knows Best.

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