عربي
Home


Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(267): "Ruling on Claiming the Legal Interest"

Date Added : 31-12-2018

Resolution No. (267) (21/2018) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Claiming the Legal Interest"

Date: (05/Rabi` Rabīʿ al-Thaani/1440 AH), corresponding to (13/12/2018).

 

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.

On its fourteenth session held on the above date, the Board reviewed letter No.4/5/1-8/11/2018, which reads: I would like to bring to Your Grace`s attention the fact that the Ministry has never claimed the legal interest which usually results from filing lawsuits against debtors. Debtors` non-adherence to making payments on time has inflicted harm on creditors. Debtors are actually benefiting from the Waqf`s wealth, taking hold of it (Waqf) and paying off debts at their own convenience since they aren`t forced to pay interest as a penalty for their procrastination. Resolution (55),7/11/2001 of the Iftaa` Board allowed collecting the legal interest as a compensation for harm, not as a usurious interest. In addition, the Court of Cassation (Supreme Court) has issued some resolutions confirming that this interest is a compensation for harm. In light of this, could Your Grace discuss this issue with the Iftaa` Board to consider the permissibility of claiming the legal interest resulting from the lawsuits filed by the Ministry; in accordance with the following criteria:

1. The Ministry's Legal Department presents a report that shows that the debtor is rich and is intentionally delaying the payment of the debt.

2.  The Ministry`s Council is entitled to cancel the whole interest or part of it depending on each case.

3.  Transfereing the value of the interests to the Waqf programs approved by Sharia in order to be spent on the eligible categories.

After deliberations, the Board arrived at the following resolution:

The legal interest imposed by some laws on the debtor who fails to pay off debts on time is usury/Riba, and thus unlawful for a Muslim to claim or benefit from. Calling it a compensation doesn`t change the fact that it is usury/Riba. This is confirmed by Resolution No.(2/6) of the International Islamic Fiqh Academy, which states: "It is unlawful for the rich debtor to delay paying off due payments. Nevertheless, it isn`t permissible to stipulate that he gives a compensation against this procrastination."

Sharia doesn`t punish procrastination by imposing an interest on debt although it is unlawful for the rich to delay paying off due debt. This is particularly when it comes to public Juris, such as the properties of the Awqaf and the orphans. At the same time, it isn`t permissible for individuals or institutions to claim the legal interest.Rather, the creditor should take the necessary measures (Guarantees) to collect his money with avoiding procrastination on the part of the debtor. Allah, the Almighty, Said (What means): "but God hath permitted trade and forbidden usury." {Al-Baqarah, 275}. Jabir said that Allah's Messenger (PBUH) cursed the accepter of interest and its payer, and one who records it, and the two witnesses, and he said: They are all equal. And Allah Knows Best.

 

Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem AlKhasawneh/ Member

Sheikh Sa`eid Al-Hijjawi/ Member (I have a reservation about this resolution for it involves harm and loss of benefit)

Prof. Abdullah Al-Fawaaz/ Member

Dr. Muhammad Khair Al-Issa/ Member

Dr. Majid Al-Darawsheh/ Member

Prof. Adam Noah/ Member

Judge. Khaled Al-Worikat/ Member (I have a reservation about this resolution).

Dr. Ahmad Al-Hasanat/ Member

Dr. Mohammad Al-Zou`bi/ Member

Dr. Rashaad Al-Khilaani


 

Decision Number [ Previous | Next ]


Summarized Fatawaa

I`m a married young man. I fell in love with a widow and proposed to her but her family refused because they feared that this would have an adverse impact on the future of her children. However, we entered into unregistered marriage and told my family and even my wife about it. I`m a person who fears Allah, The Almighty and want to clear myself from any liability before Him, The Exalted. What should I do?

All perfect praise be to Allah the Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
It is imperative that you proclaim this marriage to preserve rights. Therefore, you must register it in an Islamic court. A second marriage isn`t forbidden, however, if the unregistered marriage had taken place without the consent of the woman`s guardian nor the presence of two honorable witnesses, then it is considered void and your relationship with this woman is forbidden. Therefore, you must conclude a new marriage contract with the approval of her guardian and the presence of two honorable witnesses. We advise you to fear Allah and adhere to the teachings of Sharia in this regard since sinful conduct is that which turns in your heart (making you feel uncomfortable) and you dislike that it would be disclosed to other people. And Allah The Almighy Knows Best.

When is Istikharah (guidance prayer) Du`a offered, before Tasleem (saying asalamu alikum warahmatu allah wa barakatuh to end the prayer), or after it?

It is offered after Tasleem.

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.
 
 
 
 
 

What is the ruling on combining prayers at the Musala (Place for prayer) of a shopping center because of heavy rain, knowing that some people come from outside that center?

Praise be to Allah, the Lord of the Worlds.

If there is hardship in going back to that Musala at the time of Asr or Isha` prayers, then it is permissible to combine prayers in twos only (Duhr with Asr and Maghrib with Isha`). Kindly consider calling us. And Allah Knows Best.

See More