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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Date Added : 25-01-2018

 

Resolution No.(9) by the Board of Iftaa`, Research and Islamic Studies:  

“Ruling on the Amendments over the Moqarada Bonds Act“

Date: 29/5/1407 AH, 29/1/1987 AD.

 

Question: What is the ruling on the amendments over the Moqarada (A borrowing tool in favor of a company bonds act?
Answer: All perfect praise is due to Allah, The Lord of the Worlds.
After reviewing the articles of the interim, act no. (10), 1981, the proposed amendments and deliberating over them, the Board has decided the following:
A- Confirming the resolution of the Iftaa` Committee issued on the 8th of Feb. 1398 AH, 17/1/1978 on Moqarada draft-act and that its texts and sections comply with the rulings of Islamic Sharia.
B- Confirming the resolution of the Iftaa` Committee issued on the 8th of Feb. 1398 AH, 17/1/1978 on the permissibility of the government`s guarantee over settling the par value of Moqarada bonds within the specified dates since the government is considered a Third Party, and enjoys the general authorities in doing what is in the best interest of its citizens.
C- The Board noticed that the 12th article of the interim act No.(10),1981  has added-after stating that the government guarantees settling the whole due par value of the Moqarada bonds within the specified dates-that the amounts paid by the government  in this case are considered a zero-interest loan to the project, and becomes due once the bonds are totally settled. In other words, the government isn`t a Third Party anymore because the project itself has settled all the payments. In fact, the project borrowed from the government because it didn`t have the amount needed for settling the par value of the bonds. This is a kind of guarantee against loss given by the owner of the money from the Mudarib (co-partner) in a Mudaraba (co-partnership) contract, and this contradicts the rulings of a Mudaraba contract stipulated in Islamic Jurisprudence.
Therefore, the board believes that it is essential for the government to continue its guarantee role as a Third Party. This in order to avoid stipulating that subscribers shall endure any loss-as stated by the Iftaa` Committee in the aforementioned resolution-and consequently this transaction becomes acceptable in Sharia.
Therefore, the Board views that it is essential that article (12) ends with the words: “specified dates”, and that what comes after them is omitted. Actually, Waqf(religious endowment) projects, projects undertaken by municipalities and  financially as well as managerially independent organizations  from which this guarantee  shall benefit are amongst the vital projects that target the best interest of the citizens. The government is keen on holding such projects and promoting them in order to achieve eco-social development so long as there are sufficient guarantees, which secure their proper progress and supervision.
The government`s guarantee over settling these bonds within the specified dates entails no harm, or squander of public funds, rather, it is using them positively in rare cases and exceptional situations.
D- The Board has reviewed the proposed amendments included in the note attached with the official letter of the Minister in question and believes that they don`t contradict the rulings of Sharia in this regard and that it (Board) doesn`t object including them in the interim act. And Allah Knows Best.

 

 

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Summarized Fatawaa

It was found out that a man divorced his wife for the third time in 2005, but they continued cohabiting as man and wife. However, when they realized that what they were doing was unlawful, they came the Iftaa` Department in 2009 and were told that they can`t be together. What is the position of Sharia on this couple?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Her Iddah* period starts after the third divorce. As for the continued cohabitation, it is unlawful because being ignorant about the rulings of Sharia while in Dar Al-Islam* is no valid excuse. If a baby came as the fruit of this unlawful consummation of marriage, then a judge of Sharia has the final say in this regard because lineage is a serious matter. And Allah The Almighty Knows Best.
* ʿIddah: a specified period of time that must elapse before a Muslim widow or divorcee may legitimately remarry. The Qurʾān (Sura,2/verse,228) prescribes that a menstruating woman have three monthly periods before contracting a new marriage; the required delay for a nonmenstruating woman is three lunar months.
* Dar Al-Islam: designates a territory where Muslims are free to practice their religion, though this often implies the implementation of Islamic law, whereas Dar al-Harb represents those lands ruled by non-believers

During a flight from Amman to the UAE, while we were flying over Saudi Arabia, the captain announced that it was time to break our fast, coinciding with the exact time of sunset. After I had broken my fast with my first date, the captain apologized for the earlier announcement and clarified that the correct time would be in 20 minutes. Am I required to continue fasting on that day?

Whosoever break his fast at teh very first announcement to make up the missed day of Ramadan, since Allah, The Most Exalted, Said (What means): "then complete your fast Till the night appears" [Al-Baqara/187]. And Allah Knows Best.

Is committing Zina (Adultery and extramarital sex) without the intention of getting pregnant or deflowered considered full Zina?

All perfect praise be to Allah the Lord of the Worlds. May Allah`s peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
 
The Messenger of Allah (PBUH) says: "The eyes commit fornication, the hands, the feet, and the private parts." [Musnad Ahmad, P.3912]. Sheikh Shu`aib `Arn`oot graded this Hadith as sound. What you are asking about is far graver. Generally speaking,  sincere repentance erases sins, good deeds erase bad deeds, and fearing Allah stops one from committing this heinous act. In addition, the devil is man`s worst enemy and whoever surrenders themselves to the wolf will be eaten. And Allah The Almighty Knows Best.

Is the one who doesn`t offer prostration of recitation during Quranic recital considered sinful?

Prostration of Quranic recital is a Sunnah due on whosoever recites a verse that contains a prostration. It is also a Sunnah for the reader and the listener. However, none of them is considered sinful for not offering it, but they deprive themselves from a great reward. It is obligatory to offer the prostration of Quranic recital in congregational prayer following the lead of the Imam.

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