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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


 

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Summarized Fatawaa

What is the ruling on attending relatives` parties held in public halls, or hotels since if we don`t, we will be subjected to their admonition?

If such parties involve mixing between men and women, or forbidden acts such as listening to songs with sinful lyrics, then attending them is forbidden from the view point of Sharia since people`s admonition is nothing compared to Allah`s, The Almighty`s, wrath.

If the bleeding ceases after 40 days following childbirth, but then returns intermittently during two days of fasting, what is the ruling?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Whenever the post-natal bleeding (Nifas) ceases and the woman is certain it will not return, she has become pure; therefore, she must perform the ritual bath (Ghusl) and resume praying and fasting. However, if the blood returns within fifteen days of its cessation and before sixty days have passed since the delivery, the ruling of Nifas applies once again. Consequently, any fasting or prayer performed during that interval of purity is rendered invalid; she must make up for the missed fasts of those days, but she is not required to make up for the prayers. And Allah the Exalted knows best.

What is the ruling of Islam on swearing by Allah without intending to take an actual oath?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If someone swears by Allah without intending to take an actual oath, and without the firm resolve to bind themselves to it, then there is no sin or expiation (Kaffarah) required of them. Allah the Exalted 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, a Muslim should avoid swearing oaths excessively so that their tongue does not become accustomed to it. Allah the Exalted says {what means}: 'And make not God’s (name) an excuse in your oaths against doing good, or acting rightly, or making peace between persons; for God is One Who heareth and knoweth all things.
' [Al-Baqarah/224]. And Allah the Exalted knows best."

What are the Sunnahs and etiquettes recommended for the person offering the Udhiyah?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
There are several Sunnahs (prophetic traditions) and etiquettes that are highly recommended for the person offering an Udhiyah (sacrificial offering) to observe:
 
First:
It is a Sunnah for anyone intending to offer a sacrifice to refrain from cutting or removing any of their hair or nails once the first ten days of Dhul-Hijjah begin. This is based on the statement of the Prophet (peace and blessings be upon him): "When the ten days [of Dhul-Hijjah] begin and one of you intends to offer a sacrifice, let him not touch any of his hair or skin." (Narrated by Muslim)
 
However, if someone does happen to remove any hair or nails, they have not committed a sin, and their sacrifice remains perfectly valid.
 
Second:
The person offering the sacrifice should ideally slaughter the animal themselves. If they are unable to do so, they should at least witness its slaughter. This is drawn from what our Master, the Messenger of Allah (peace and blessings be upon him), said to Lady Fatima (may Allah be pleased with her):
 
"Stand up and witness your sacrifice, for with its very first drop of blood, every sin you have committed will be forgiven." (Narrated by Al-Tabarani in his Mu'jam, Al-Hakim in his Mustadrak, and Al-Bayhaqi in his Sunan)
 
Third:
Face the Qiblah (the direction of prayer) at the time of slaughtering, as the Qiblah is the most honorable of directions.
 
Fourth:
Pronounce the name of Allah (Tasmiyah) at the moment of slaughter by saying: "Bismillah ar-Rahman ar-Rahim" (In the Name of Allah, the Most Gracious, the Most Merciful). Even if one forgets to say it, the meat remains lawful (Halal) to eat. Allah, Blessed and Exalted is He, says:
 
"So eat of that [meat] upon which the name of Allah has been mentioned." (Al-An'am: 118)
 
It is also recommended to send blessings upon our Master, the Messenger of Allah (peace and blessings be upon him), and to follow it with the Takbeer (Allahu Akbar).
 
Fifth:
Supplicate for acceptance by saying: "Allahumma hadhihi minka wa ilayka, fa-taqabbal minni" (O Allah, this is a blessing from You and is offered back to You, so please accept it from me). This means: This sacrifice is a blessing that originated from You, and I am offering it to draw closer to You. And Allah the Almighty Knows Best.

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