Resolutions of Iftaa' Board



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 it permissible to offer an Udhiyah on behalf of the deceased?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Offering a sacrifice (Udhiyah) on behalf of the deceased is permissible. This is the position of the Hanbalis [Kashshaf al-Qina’ by al-Bahuti (Vol.6/P.428)], and it was held by al-Abbadi of the Shafi’is [Bidayat al-Muhtaj by Ibn Qadi Shuhbah (Vol.4/P.358)]; it is also narrated from some Maliki and Hanafi scholars.
 
Abu Dawud included a chapter in his Sunan titled "Chapter: Offering the Sacrifice on Behalf of the Deceased," in which he narrated from Hanash, who said: "I saw Ali (may Allah be pleased with him) sacrificing two rams. I asked him, 'What is this?' He replied, 'The Messenger of Allah (peace be upon him) enjoined me to sacrifice on his behalf, so I am sacrificing on his behalf.'"
 
Abu Dawud also narrated from Jabir (may Allah be pleased with him) that the Prophet (peace be upon him) said: "O Allah, this is from You and for You, on behalf of Muhammad and his Ummah; in the name of Allah, and Allah is the Greatest," then he slaughtered it. It is well known that among the Ummah of Muhammad (peace be upon him) are those who have passed away, yet he (peace be upon him) dedicated it to his entire Ummah.
 
Furthermore, multiple Sharia texts have consistently indicated that the rewards of righteous deeds reach the deceased. This includes the permissibility of fasting on behalf of the deceased if they died owing fasts, as well as the permissibility of performing Hajj on their behalf, both of which are established in authentic Hadiths. Since the rewards for fasting—a physical act of worship—and Hajj—a physical and financial act of worship—reach the deceased, then the sacrifice (Udhiyah) is even more likely to reach them.
 
Moreover, the scholars have reached a consensus (Ijma') that the rewards of charities reach the deceased, and the Udhiyah is a form of charity and falls under its general category. Based on all of this, we hold the view that offering a sacrifice on behalf of the deceased is permissible. And Allah the Almighty knows best.

Does undergoing surgery under anesthesia break the fast?

Anesthesia itself does not break the fast because anesthetic gases have no physical substance (jirm), and subcutaneous anesthesia injections do not reach the body cavity (jauf). However, this is on condition that the person is conscious at some point during the fasting hours:
● If they were awake at the beginning of the day, their fast remains valid.
● If they wake up even for a moment before sunset, their fast is also valid.
However, if the surgery involves the entry of foreign substances into the body cavity, their fast is invalidated, and they must make up for that day later.

What is the ruling on performing dry ablution (tayammum) on a wall or stone?

One of the conditions for tayammum is that it be with pure, clean dust (soil). It is not valid to perform tayammum by striking stones, a wall, sand that has no dust (i.e., that does not produce dust), pebbles alone, or clay, as these are not from the earth or its same category. And Allah the Almighty knows best.

Is it permissible for a guardian (Big brother) to unlawfully stop his sister from getting married?

If the guardian denies her right in getting married for an unlawful reason, she should go to court in order to settle that matter, and the guardian is considered sinful in this case.