Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(87): “Ruling on Purchasing Stocks of a non-Islamic Bank“

Date Added : 25-02-2020

Resolution No.(87) by the Board of Iftaa`, Research and Islamic Studies: “Ruling on Purchasing Stocks of a non-Islamic Bank“

Date: 2/4/1426 AH, corresponding to 11/5/2005 AD

 

Question: What is the ruling of Sharia on purchasing stocks of a non-Islamic bank?

Answer: All success is due to Allah.
The Board is of the view that purchasing stocks of non-Islamic banks is forbidden in principle because Allah The Almighty Says {what means}: “Those who devour usury will not stand except as stand one whom the Evil one by his touch Hath driven to madness. That is because they say: "Trade is like usury," but God hath permitted trade and forbidden usury. Those who after receiving direction from their Lord, desist, shall be pardoned for the past; their case is for God (to judge); but those who repeat (The offence) are companions of the Fire: They will abide therein (for ever).” {Al-Baqrah/275}. One who has purchased such stocks and wants to make repentance should suffice by taking his money{capital} without any increase, for Allah, The Almighty Says in this regard {what means}: “O ye who believe! Fear God, and give up what remains of your demand for usury, if ye are indeed believers. If ye do it not, Take notice of war from God and His Apostle: But if ye turn back, ye shall have your capital sums: Deal not unjustly, and ye shall not be dealt with unjustly.” {Al-Baqarah 278/279}. Therefore, it is imperative that he/she takes back his/her money {capital} without any increase since what is begotten through a forbidden act is forbidden as well. And Allah Knows Best.

 

Board of Iftaa`
Chairman of the Iftaa` Board, Chief Justice, Izzaldeen At-Tamimi
Dr. Abdulsalam Al-Abbadi                        Dr. Yousef Ghyzaan
Sheikh Saeid Hijjawi                                  Sheikh Naeim Mojahid
Sheikh AbdulKareem Al-Khasawneh      Dr. Wasif Al-Bakri
Dr. Abdulsalaam Al-Salaheen                   Dr.Abduaziz Al-Khayaat

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Summarized Fatawaa

Is it permissible to slaughter a sheep on Eid al-Adha with the intention of charity (sadaqah) on behalf of a sick person, and with the intention of udhiyah (sacrificial animal) at the same time?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The udhiyah (sacrificial animal) is an act of worship intended for its own sake; therefore, it must be slaughtered with the intention (niyyah) of udhiyah.
 
Whoever intends to draw closer to Allah through this act of obedience with the intention of udhiyah, and also intends to gift the reward to another person, there is no Islamic objection to that. And Allah Almighty knows best.

What is the amount of the Fitr Zakah (obligatory charity) of Ramadan?

The Fitr Zakah of Ramadhaan is a Sa` (2500 grams) from what the people of that country or state eat the most. And Allah Knows Best.

What is the ruling of Islamic Law on eating or drinking during the circumambulation?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is disliked (makrūh) to eat or drink during the circumambulation (ṭawāf).
Shaykh al-Islām Imām al-Nawawī states in al-Majmūʿ: "It is disliked to eat or drink during ṭawāf, and the dislikedness of drinking is lighter. Neither of them, nor both together, invalidates the ṭawāf. Al-Shāfiʿī said: 'There is no objection to drinking water during ṭawāf, and I do not consider it sinful; however, I prefer that it be avoided, as refraining from it is more befitting in terms of proper conduct.' Among those who explicitly stated the dislikedness of eating and drinking, and that drinking is the lesser of the two, is the author of al-Ḥāwī."
If, however, a person is in genuine need of drinking, then there is no dislikedness in doing so. In any case, the ṭawāf itself remains valid. And Allah the Almighty knows best.

What is the ruling on the follower`s prayer if the Imam stands for a fifth rak`ah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If the Imam stands up for an extra unit (rak‘ah) of prayer out of forgetfulness, he must return to the sitting position as soon as he remembers, and he should perform the prostration of forgetfulness (Sujud al-Sahw). It is the duty of the congregants (Ma’mumin) behind him to remind him. However, if the Imam is in a state of doubt regarding the extra unit (and not certainty), it is not permissible for him to return.
 
As for the congregants: anyone who is certain that the Imam has stood for an extra unit is forbidden from following him. In this case, the follower has two choices: either intend to separate from the Imam (Mufaraqah) and finish the prayer alone, or wait for the Imam in the sitting position and perform the final salams with him—the latter being the preferred option. If a follower knowingly follows the Imam into an extra unit, their prayer becomes invalid. However, if a follower is in doubt and not certain of the mistake, they must continue following the Imam, as the Imam was appointed to be followed.
 
It is stated in Al-Majmu’ (Vol.4/P.145): 'If [the Imam] stands for a fifth rak‘ah, the follower should not follow him, even if it is assumed that the Imam might have omitted a pillar from a previous unit; because if the reality is known, following him is impermissible since the follower has certainly completed their own prayer. Even if the follower had missed a previous unit (Masbuq) or was in doubt about performing a pillar like the Fatihah, and the Imam stood for the fifth, it is not permissible for the latecomer to follow him in it. This is because we know that this unit is not counted for the Imam and that he is mistaken in performing it.' And Allah the Exalted knows best.