Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(9): “Ruling on the Amendments over the Moqarada Bonds Act“

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

Is the patient who is on dialysis twice a week obliged to observe fasting? Is his fasting on the days he is on dialysis considered valid or not?

Praise be to Allah the Lord of the Worlds.

Dialysis invalidates fasting because of the nutritional fluid used in that procedure, as pointed by specialized doctors, in addition to causing bodies to enter the stomach. Therefore, it is recommended that the patient who had undergone dialysis to observe fasting for the rest of that day, if he is able to, and make up for it after Ramadan. However, if the doctor told him that fasting, at any time, would damage his health, then he must break his fast and pay a ransom against every missed day. We pray that Allah blesses this person with recovery. And Allah The Almighty Knows Best.

How does a praying person prostrate?

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A man break his fast once during Ramadan and he already have an expiation of fasting for two consecutive months. He fasted for a month and passed away. Is it permissible for his sons to fast the remaining month equally? 

Fasting for expiation must be performed consecutively. I advise his children to feed sixty poor people, giving each one half a kilogram of rice or its monetary equivalent. This is because if a living person is unable to fast, they are required to feed sixty poor people, and death constitutes an inability. And Allah The  Almighty Knows Best.
 
 
 
 
 

What is teh ruling on thoughtless oath?

One who swears by Allah unintentionally and isn`t determined to fulfill his oath, nothing is due on him. Allah, The Almighty, Says (What means): "God will not call you to account for thoughtlessness in your oaths, but for the intention in your hearts; and He is Oft-forgiving, Most Forbearing." [Al-Baqarah/225]. However, it is dispraised for a Muslim to swear frequently.