Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

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

Where should a woman who is led by her husband in prayer stand?

All perfect praise be to Allah The Lord of The Worlds                                                                                                                                                                          It is from Sunnah (Prophetic tradition) that she stands behind him. And Allah Knows Best.

What is the Du`a (supplication) of Istikhara (guidance prayer)?

O Allah, I consult You as You are All-Knowing and I appeal to You to give me power as You are Omnipotent, I ask You for Your great favor, for You have power and I do not, and You know all of the hidden matters. O Allah! If you know that this matter (then he should mention it) is good for me in my religion, my livelihood, and for my life in the Hereafter, or he said: "for my present and future life" then make it (easy) for me. And if you know that this matter is not good for me in my religion, my livelihood and my life in the Hereafter, or he said: "for my present and future life" then keep it away from me and take me away from it and choose what is good for me wherever it is and please me with it."

I missed fasting 30 days of the obligatory fast within the last 6 years and 20 days. How do I fast? And what should I do? 

Missed fasting days must be made up, and it is permissible to make them up on non-consecutive days, as continuity is not required for making up missed fasts. Additionally, expiation (Fidya) must be given: feeding one needy person for each day if the makeup is delayed for one year. If the delay extends to two years, Fidya must be given to two needy people per day, and so on. And Allah Knows Best.
 
 
 
 
 

A Christian woman wants to marry a Muslim man through an unregistered marriage contract and for a specific period because of certain circumstances. She is an adult and wants to know the correct procedure so as not to make any mistakes. What is the correct thing to do in this regard?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
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