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Resolutions of Iftaa' Board

Resolution No.(57): "Ruling on Halalcom Card Issued by Middle Solutions Company (MSC)"

Date Added : 10-02-2016

 

Resolution No.(57): "Ruling on Halalcom Card Issued by Middle Solutions Company (MSC)"

Date:12/10/1422 AH, corresponding to 26/12/2001.

 

The Board has received the following question:

What is the ruling of Islamic Sharia on Halalcom card, which "Middle Solutions Company" intends to put into circulation. For further clarification, I will refer to the following:

The relationship between the company and the client:

The company issues Halalcom card, which enables the client to purchase any product in the company`s possession, or any of its branches in Jordan. After the issuance of Halalcom card to the client, he/she is given a certain number through which each independent act of purchase is dealt with, and each transaction constitutes an independent contract in its own right. The client pays (3%) from the overall value of the invoice, and repays the rest as equal monthly installments, up to (26) as a maximum. Moreover, the client can`t withdraw any cash amounts through this card, it doesn`t authorize him/her to purchase products from other companies, he/she doesn`t pay any interests for the installments, or any other sums added to the overall value of the product`s price, which has the same value whether it was paid for in cash or by installments.

The relationship between Jordan Ahli Bank and the client of the {MSC}.

There is no relationship between the Bank and the {MSC} clients.

As regards the relationship between the {MSC} and the Jordan Ahli Bank:

The Bank issues the above card on the following grounds:

A- Owing to the fact that the Jordan Ahli Bank is the only bank in the H.K.J which is fully qualified to issue and deal with credit cards in line with the instructions of the Jordan Central Bank, it has agreed with the {MSC} to issue cards holding the name of the latter, with the logo "Halalcom" inscribed under the its name. The Bank`s task is to issue these cards. In return, it charges two and a half JDs for each card it issues to  the company`s clients; still, the latter aren`t charged with any amount.

B- Consequently, the Bank doesn`t charge the client or the company with any interest or amounts in return for the issuance of the cards.

C- The Bank is obliged to preserve the credibility of the cards it issues to the company`s clients, and to guarantee that they aren`t tied to cash bonds or deposits.

The above summarizes how these cards, to be put into circulation, operate, hoping that your Fatwa includes the position of Sharia in the following situations:

A- The company sells its products via these cards (Halalcom), where the cash price is paid via installments, and no extra charges or interests is collected in return.

B- The company may buy a product, which it doesn`t have, from the local market upon the client`s request, then sells it to him/her for its cash price through installments after determining the cash price of that product , and at the same time acquainting the client with that price when concluding that deal. This is provided that the profit margin is reasonable and within the proper limits.

Moreover, the client can purchase any of the company`s products through Islamic Murabaha…?

Answer:

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.

The Iftaa` Board has reviewed the above, and came to realize that the company gives that card to the client who purchases any of its products through an installment-sale contract concluded between the two parties without any interests, and without charging the client with any amounts in return for getting that card.

Having reviewed the letter of the Jordan Ahli Bank`s manager by our Board, in which the former clarified the nature of that card within the letter and how it operates, our view that it doesn`t involve any interests, and that the Bank`s task is to issue it in return for an annual fee paid by the company.

The Installment-sale method adopted by (MSC) via the above mentioned card is permissible so long as it involves zero-interest and complies with the rules of Islamic Sharia. Moreover, it is permissible for the (MSC) to employ Islamic Murabaha provided that it adheres to its Sharia rules and conditions. And Allah Knows Best.

Iftaa` Board
Chairman of the Iftaa` Board, Chief Justice, Izz Al-Deen Al-Tamimi

                   Dr. Mohammad Abu Yahia       

                  Dr. Abdulsalam Al-Abbadi       

    Sheikh Saeid Hijjawi

        Sheikh Na`eim Mojahid

Dr. Wasif Al-Bakhri

     Dr. Yousef Gheezaan

 

 

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Summarized Fatawaa

Is the marriage, which lacks a valid legal contract, a guardian, and a court registration, valid?

It is incumbent that a valid marriage contract be concluded in the presence of a guardian and two trustful witnesses, and it should be registered in the court to protect the rights of the wife. Actually, a valid marriage contract is what differentiates between sound marriage and fornication.

What is the ruling on sacrificing a castrated animal or one with a missing tail?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible to sacrifice a castrated sheep; as it has been established that the Prophet (peace be upon him) sacrificed:
 
"...two large, fat, horned, white-and-black, castrated rams (Mawju'ayn—meaning having crushed testicles)." [Narrated by Ibn Majah in his Sunan].
 
It is not permissible to sacrifice an animal that is missing its tail, or udder due to being cut off. This is in contrast to an animal that was naturally born without a tail, or udder; such an animal is valid for sacrifice. And Allah the Almighty knows best.

What is the ruling on praying alone (munfaridan) in a row, and what should I do if I enter the mosque together with another person, and there is only a single gap in the first row with no second row present — should I fill that gap in the first row, or should I stand together with him in a new second row?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If a person enters [the congregation] and finds no space available in the row, it is recommended for him — after making his opening takbīr for the prayer — to gently pull someone from the row in front of him to pray alongside him, provided he senses that this person would be agreeable to it. If that person does not agree, then he prays alone, and there is no dislike attached to his doing so in that case.
If he ends up praying alone [behind the row], it is sunnah for him to stand directly behind the imam. Then, if someone else arrives, that person stands to his right; and whoever comes after them stands to his left — and so on — such that the imam remains centered in the middle of the row. This is done so that everyone attains the reward of congregational prayer.
As for the case where two people enter the prayer together, and there is a gap in the row wide enough for only one person, then the two of them should pray together in a new row [of their own], and whoever arrives after them should fill that original gap. This is because if only one of the two fills the gap, the other would end up praying alone [which is to be avoided when it can easily be prevented].
Al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said in Mughnī al-Muḥtāj (Vol.1/P.494): "If he does not find space, then it is recommended for him, while still standing, to gently pull a single person from the row toward himself after making his opening takbīr — out of caution, so as to avoid the position held by some scholars that a person's prayer standing alone behind the row is not valid.
Az-Zarkashī and others said: this should only be done if it seems he would agree to it; otherwise, he should not pull anyone — indeed, doing so becomes impermissible, out of fear of causing discord (fitnah). It is recommended for the person being pulled to cooperate and agree, so that he may attain the reward of assisting in righteousness and piety (al-birr wat-taqwā). However, he should not pull one of two people [praying together] from the row, since this would cause one of them to end up praying alone. This is why the 'pulling' described here takes place only after the opening takbīr [i.e., once the person doing the pulling has already validly begun his own prayer]."
Accordingly: it is sunnah for you to pray alongside the person praying alone, and then, if someone else arrives afterward, you may go and fill the gap in the original row. And Allah, the Exalted, knows best.

Is it permissible to slaughter a single sheep with the combined intention of both the uḍḥiyyah and the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
According to Shaykh al-Islām Imam Ibn Ḥajar al-Haytamī, it is not permissible to combine the intention of the uḍḥiyyah and the 'aqīqah in a single animal, as each of the two has a distinct and separate cause that differs from the other.
However, Shaykh al-Islām Imam al-Ramlī permitted the combining of both intentions in a single animal — and this position offers a degree of latitude and ease. And Allah Almighty knows best.

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