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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

Is Zakah (obligatory charity) due on articles of merchandise even if they were stacked in the merchant`s stores for years?

Yes, Zakah is due on goods even if they were stacked in merchant`s stores for years, in this manner Islam struggle against monopoly.

What is the ruling on giving Zakat al-Fitr in cash?

The default ruling is that Zakat al-Fitr should be given as the staple food of the land. In Jordan, for example, the staple food is wheat or rice, and the amount of Zakat al-Fitr is 2,500 grams per person. It is easy to give this amount of rice to the poor and needy, and this is the correct ruling according to all Islamic schools of thought.
However, Hanafi scholars have permitted giving Zakat al-Fitr as monetary value, considering it more beneficial for the poor and easier for the giver.

Is it permissible for women to gather in one of their homes to pray Tarawih?

Yes, it is recommended (mustahabb) for women to pray Tarawih in congregation if they gather, even if it is not in the mosque.
In fact, praying at home is better for them, as it avoids the potential concerns associated with going to the mosque.

Is it permissible for household members to pool money for the Udhiyah and gift it to one of them?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible for members of a household to pool their money together and gift the total amount to one individual among them so that he may offer the sacrifice (Udhiyah). In this case, the family members receive the reward for giving charity (Sadaqah), and the one performing the sacrifice includes them in the spiritual reward (Thawab).
 
Furthermore, slaughtering a single sheep (on one's own) is considered religously better than participating as one of seven people in the sacrifice of a cow or a camel. And Allah the Almighty knows best.

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