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Resolutions of Iftaa' Board

Resolution No.(163): "Ruling on the Sukuk of Ijarah Ending in Ownership Issued by Al-Rajihi Cement Company"

Date Added : 01-12-2015

Resolution No.(163)(1/2011) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on the Sukuk of Ijarah Ending in Ownership Issued by Al-Rajihi Cement Company"

Date: 25/3/1432 AH, corresponding to 28/2/2011

 

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 date, the Board reviewed the question of Al-Rajihi Cement Company-Jordan regarding the Sukuk of Ijarah ending in ownership.

After researching and deliberating, the Board decided what follows:

Taskeek is issuing documents, or financial certificates of equal value as indefinite shares in existing assets (properties, benefits, rights, or a mixture of properties, benefits, money, and debts), or will be established by virtue of initial public offering, and are issued in accordance with a Sharia-compliant contract.

Having reviewed the mechanism of issuing those Sukuk, the Board decided that they are permissible in Sharia, provided that the assets of the Ijarah are sold to the tenant for a reasonable price at the end of the leasing (Ijarah) period. Moreover, there must be no capital assurance by either party, and the Sharia rules sanctioned by the Sharia Supervisory Committee must be adhered to. 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

Dr. Yahia Al-Botoosh/ Member

Sheikh Sa`eid Hijjawi/ Member

Dr. Mohammad Khair Al-Eesa/ Member

Judge Sari Attieh/ Member

Dr. Abdulrahman Ibdah/ Member

Dr. Mohammad Al-Ibraheem/ Member

Dr. Abdulnaser Abu Al-Basal/ Member

Dr. Mohmmad Al-Khalayleh/ Member

Dr. Mohammad Al-Gharaibeh

Sheikh Mohammad Al-Hinaiti/ Executive Secretary of the Iftaa` Board

 

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Summarized Fatawaa

What is the ruling on fasting for those with diabetes, heart disease, high blood pressure, kidney disease, or ulcers?

● A sick person who is completely unable to fast is exempted from fasting and must offer fidyah (feeding a needy person), as Allah Almighty says {what means}: "and [in such cases] it is incumbent upon those who can afford it to make sacrifice by feeding a needy person." [Al-Baqarah/184]. They are not required to make up for the missed fasts.
● A sick person who can fast on some days but not others should fast when able and make up the missed days after Ramadan when possible. No fidyah is required in this case.
● If fasting during the long, hot summer days is too difficult for a sick person, but they can make up the fasts during the shorter, cooler winter days, they should break their fast and make up for it when they are able, without fidyah.

Does collecting saliva and swallowing it break the fast?

Swallowing collected saliva does not break the fast, but it is an unnecessary and meaningless act.

What is the ruling on purchasing sacrificial animals and authorizing their slaughter via telephone?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is preferable for the one offering a sacrifice (udhiyah) to slaughter the animal himself, in adherence to the Sunnah, or to be present at the slaughter if possible.
 
It is valid to authorize a butcher to purchase a sacrificial animal on his behalf and slaughter it, regardless of whether the animal is owned by the butcher or the butcher is acting as an agent in its sale—according to the Hanbali school—provided that the butcher specifically designates and purchases the animal for the person offering the sacrifice before slaughtering it. And Allah Almighty knows best.

If the bleeding ceases after 40 days following childbirth, but then returns intermittently during two days of fasting, what is the ruling?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Whenever the post-natal bleeding (Nifas) ceases and the woman is certain it will not return, she has become pure; therefore, she must perform the ritual bath (Ghusl) and resume praying and fasting. However, if the blood returns within fifteen days of its cessation and before sixty days have passed since the delivery, the ruling of Nifas applies once again. Consequently, any fasting or prayer performed during that interval of purity is rendered invalid; she must make up for the missed fasts of those days, but she is not required to make up for the prayers. And Allah the Exalted knows best.

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