Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(108): "Ruling on the Islamic Murabaha Employed by the Association of Jordan Fertilizers Company Employees"

Date Added : 23-02-2016

 

Resolution No.(108) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on the Islamic Murabaha Employed by the Association of  Jordan Fertilizers Company Employees"

Date: 26/4/1427 AH, corresponding to 24/5/2006 AD.

 

 

Answer: All perfect praise be to Allah, The Lord of the Worlds; and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

Having reviewed the trading method employed by the above association, Aqaba branch, the Board made the following remarks:

First: Article (4) "Remarks"

Paragraph(W) states:

According to the method of dealing with the above association, merchants are divided into two kinds:

1) A recognized Merchant:

 He is the one with whom the association reaches an agreement whereby any purchase transaction, from him, is to be conducted through the association, whether directly or by the purchaser himself. By virtue of this agreement, the association is granted a discount against each invoice (a discount in favor of the company, not the purchaser). The agreement also includes settling the amounts due to the merchant in return for trading with him.

 2) An Unrecognized Merchant:

He is the one with whom the association has no trading agreement.

The Iftaa` Board believes that trading with the above recognized merchant violates the sale of Islamic Murabaha in two ways:

First: It isn`t permissible for the purchaser to conclude the contract with the merchant first hand; rather, he must conclude it with the association 

so as for it to buy him the item he wants.

Second: The sale must be conducted between the association and the purchaser with a Murabaha percentage, to be agreed upon by both parties, from the actual price it had paid for the commodity. In other words, without adding the discount percentage offered by the merchant to the association.

Second: Article (5-2), Paragraph (C).

This paragraph stated, "After that, the association`s representative goes to the merchant, owner, to inspect the commodity, then demands delivering it to the purchaser….."

The Board believes that this sale method is impermissible, because it isn`t permissible for the association to sell the commodity to the purchaser, save after it receives it through its representative, and it becomes in its possession and guarantee. After that, it should sell it to the purchaser, then hand it to him, not to demand the merchant to do that.

Third: Article (5-5), paragraph (B):

This article states: "Assignment of the car/ real estate/ as certified at the Traffic Department or the Lands` Registration Department, and registering it in the name of the purchaser………….." 

The Iftaa` Board is of the view that this form of sale isn`t permissible, because the association must possess the car/real estate, and register it, in its name, at the specialized departments (Traffic and Lands Depts.), then sell it to the purchaser, and register it in his name. This is because the Prophet (PBUH) has forbidden selling an item which isn`t in the seller`s possession.

Fourth: Article (5-5), paragraphs( C and D):

These articles stipulate registering the car/ real estate in the name of the purchaser at the above Departments, then the association delivers them to the purchaser.

As indicated above, the Board is of the view that the association is obliged to possess the car/ real estate first, through registering them in its name, at the specialized Departments, then sell them to the purchaser, and register them in his name at the aforementioned Depts. This is because the Prophet(PBUH) has forbidden selling an item which isn`t in the seller`s possession. 

Moreover, remark No.(1), paragraph (D),(5-5), which states: "The real estate is assigned to the association, which has the right to make use of it as a utility or sell it through a verbal agreement with the seller prior to officially assigning it to the purchaser." The Board believes that such an agreement can`t replace the actual possession of the real estate by the association and its registration at the specialized departments.

Fifth:  Article (5-8):

This article addresses trading in services, such as cellular telephone lines and payment of school fees. The Board believes that this kind of trading isn`t permissible, because  Islamic Murabaha pertains to products, and not services. And Allah Knows Best.

 

 

 

Chairman of the Iftaa` Board, Chief Justice, Dr. Ahmad Hilayel
Dr. Yousef Ghizan/Member
Dr. Abdulmajeed Assalaheen/Member
Sheikh Sa`ied Hijjawai/Member
Sheikh Abdulkareem Khasawneh/Member
Sheikh Na`iem Mojahid/Member
Dr. Wasif Albakhri/Member

 

 

 

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Summarized Fatawaa

Must a woman seek her husband's permission to fast a make up fast (qada)?

● If there is ample time to make up for the missed fasts, a woman should seek her husband's permission before fasting.
● However, if the time is running out—such as when only the remaining days of Sha'ban are sufficient to complete the qada—she does not need his permission and must fast, because Allah’s command takes precedence over the husband's consent.

What is incumbent upon the one offering the sacrifice if, after slaughtering the animal, they discover that one of its internal organs is damaged or diseased?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
The presence of disease or defect in the internal organs of a sheep does not affect the validity of the sacrificial animal, unless the disease leads to the animal becoming emaciated and its meat becoming corrupted.
 
It is stated in al-Iqnā' (2/590) by Imam al-Shirbīnī: "The third disqualifying condition: an animal with a manifest illness — meaning one whose illness visibly results in emaciation and corruption of its meat. However, if the illness is minor and does not produce such effects, it doesn`t affect the validity of the sacrificed animal." And Allah Almighty knows best.

Is it permissible for the wife to give the Zakah (obligatory charity) of her money to her poor husband?

Yes, it is permissible for the wife to give from the Zakah of her money to her poor husband. And Allah Knows Best.

Is it valid for the 'aqīqah to be performed using the newborn child's own wealth?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible for the guardian to perform the 'aqīqah using the newborn child's own wealth, because the 'aqīqah is a voluntary act of giving (tabarru'), and a guardian is prohibited from making voluntary expenditures from the child's wealth. Should he do so, he becomes financially liable for what he spent. And Allah Almighty knows best.