Professional Documents
Culture Documents
Shari ah & Fiqh I) Definition Fiqh: Literal meaning: - Understanding - Profound and correct understanding
Technical meaning: 1- General meaning (early stage) - A persons knowledge of his rights and duties
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2- Later definition (separation of sciences) The knowledge of detailed shari akham (legal rules) pertaining to conduct derived from their specific evidences
Shari ah A comprehensive term which include both fiqh (Islamic law) and tenets. It include all texts, teachings and principles Beliefs + Law + ethics
Fiqh - Narrower - divine + sunnah + human endeavor - some parts may change
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Why ijtihad is needed? - Texts which impart more than one meaning = imply more than one interpretation - Texts are limited in number while new incidents are unlimited in number - A lot of texts are in the form of general rules and principles to embrace new incidents.
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Brief history of ijtihad 1- Ijtihad in the era of revelation - The main source of law was Revelation (the Quran) - Sunnah as an inspiration and guidance from Allah to His Messenger - Ijtihad of the Prophet in interpreting and applying the texts of the Quran
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- Ijtihad of Sahabah = limited = Corrected by the Prophet or revelation = If they disagree on any issue they refer it the Prophet and his decision is final
= Disagreement = no higher authority to make a final ruling and unite all opinions
What is a madh-hab? First stage: emergence A scholars approach of ijtihad = rules and principles of interpretation + legal views and opinions The last stage: development The sum total of the scholars legal rulings as well as the rulings of his students and that of all the scholars who adhered to their approach of ijtihad.
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Mujtahid = rules of interpretation + legal opinions Students = adopt his approach + narrate & record his legal opinions + spread those opinions + enrich them
Those who adhere to his methodology of ijtihad = spread the madh-hab + enrich it +formalize the madh-hab
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Who is to determine what is in mans interest? - The lawgiver (Allah & His Messenger)
- Human reason (in light of texts, general principles = should not contradict or violate the texts the general principles)
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2- Rejected/ discredited:
- Explicitly
- Implicitly = what may be considered by some people as interest but which is in contradiction with the texts and principles, or which may violate the objectives of shariah.
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Their destruction lead to seriously affecting human life (basic human rights), demise of normal order, chaos in the society
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2- The needs/ exigencies (secondary objectives): Those interests which are needed to: - support necessities - remove severity and hardship Their absence does not impose a threat to the very survival of normal order and basic human rights 3The complementary interests (supporting objectives) To attain perfection and refinement in human life
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- Daruriyyat have priority over the hajiyyat, which in turn have priority over the tahsiniyyat. - Din has precedence over life (jihad); - Religion # intellect = freedom of thinking - Religion # property = spending/ haram wealth - Life has precedence over nasl (abortion); - life has precedence over aql (drinking wine, drugs for medical purposes); - aql has precedence over wealth (education) ...etc.
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Rule two: The public interest is prior to the private: Legal maxim: Committing a specific harm for the sake of preventing a general harm. Examples: 1- Taking preventive measures against people who are carrying transmitted diseases;
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1- Religion: Affirmative measures: - Establishment: revelation - Maintenance: continuous practice, dawah/ al-amru bil mruf
Protective measures: a) Against insiders: punishment for neglecting religious obligations and apostasy, preventing evil
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b) Against outsiders: defending religion intellectually, power and independence, Jihad 2- Life: Affirmative measures: - Establishment: creation, marriage - Maintenance: providing sustenance, maintaining good health
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Protective measures: - Prohibition of any attack on human life without legal justification (homicide, suicide, injuries) + Qisas 3- Lineage: Affirmative measures: - Establishment: marriage - Maintenance: establishment of family + responsibilities towards children
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Protective measures:
4- Intellect: Affirmative measures: - Establishment: created by Allah - Maintenance: education and pursuit of knowledge
Protective measures: prohibition of intoxicants, drugs, prohibition of believing in superstitions
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5- Property/ wealth: Affirmative measures: Bounties given by Allah Permission of trade and conducting business, private ownership Protective measures: Prohibition of violating the property of other, extravagance, theft, misappropriation
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WEEK 11
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Family planning Birth control The use of birth control methods to choose the number and timing of children born into a family 1. To limit the number of children to a very small number (1, 2) 2. To distance the occurrences of pregnancies for a specific period of time 3. To eliminate the possibility of having children
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- This practice is not in line with the general guidance from the Quran and the Sunnah.
- Following are some examples that appear to be discouraging this practice: 1. Islam encourages people to have children. a) To marry fertile spouse: Marry women who are loving and fertile (childbearing), for I shall outnumber the peoples by you.
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b) Rejection of celibacy: I pray and I sleep; I fast and I break my fast; and I marry women. Whoever turns away from my way of life is not from me. (hadith)
2. Allah has warned about killing ones children out of fear of poverty.
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)151 :} ( Kill not your children because of poverty - We provide sustenance for you and for them" (6: 151) ))} (31( And kill not your children for fear of poverty. We shall provide for them as well as for you. Surely, the killing of them is a great sin" (17: 31)
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3. The Prophet (saw) said about contraception: There is no harm if you do not do that, because the birth of the child is something pre-ordained.
4. The Prophet (saw) said on 'azl (contraception): That is the secret way of burying alive. 5. It is exploited by anti-Muslims to reduce their population.
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2. To control the timing of births with the intent of distancing the occurrences of pregnancy Contraception: a way of avoiding pregnancy temporarily, using either artificial methods such as condoms and birth-control pills or natural methods such as avoiding sex during the womans known fertile periods.
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a) One form of contraception was practised during the time of the Prophet (saw) while the Quran was being revealed but neither the Quran nor the Prophet (saw) prohibited it. Jabir reported: We used to practise 'azl (withdrawing the male sexual organ before emission of semen to avoid conception) during the lifetime of Allah's Messenger (saw). The news of this practice reached Allah's Messenger (saw), and he did not forbid us.
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- When 'azl was mentioned in the presence of Allah's messenger (saw) he said: Why do you practise it? They said: There is a man whose wife has to suckle the child, and if that person has a sexual intercourse with her she may conceive which he does not like, and there is another person who has a slave-girl and he has a sexual intercourse with her, but he does not like her to have conception so that she may not become Umm Walad, whereupon the Prophet (saw) said: There is no harm if you do not do that, because the birth of the child is something pre-ordained.
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b) The Messenger of Allah said: I intended to prohibit cohabitation with the suckling women to avoid pregnancy within suckling period, but I considered the Greeks and Persians, and saw that they used to cohabit with their suckling wives and that did not harm their children. Then they asked him about 'azl, whereupon he said. That is the secret way of burying alive.
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Conclusion: The Prophet (saw) did not prohibit contraception but he did not encourage it. - It would be lawful for a couple to use contraceptive methods if they opt for it, provided that: - It does not involve pregnancy termination. - It should not be made as a general policy of a Muslim community as it may be exploited by anti-Muslims to affect Muslim communities and turn them to minorities.
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- It should not be imposed on anyone by anyone, as it is the absolute right of everyone to have children. - It should be practised only with the consent of both sides: husband and wife.
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3. To eliminate the possibility of having children Surgical contraception (sterilization) This method of contraception is done through removing or blocking sex organs. - Vasectomy is a surgical procedure leading to the sterilization of man. It is a procedure that involves cutting, tying and sealing both the tubes running sperm from testicles to the urethra and penis. It is a way to prevent ejaculation permanently.
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- For women, oviducts (tubes that run eggs) are surgically cut and sealed, preventing an egg from reaching the womb or from even coming in contact with sperm but allowing ovulation to continue.
It is also a way to prevent pregnancy permanently for women. - Sterilization is not lawful in Islam. It is against one of the main objectives of creating the two different sexes; that is to have children and cause the continuation of human race.
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Sa'd b. Abi Waqqas says: the idea of 'Uthman b. Madh'un for living in celibacy was rejected by the Prophet (saw), and if he had been given permission they would have got themselves castrated (sterilized).
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Abdullah b. Umar said: We used to participate in jihad with the Prophet (saw) and we had no wives with us. So we said (to the Prophet). Shall we castrate (sterilize) ourselves? But the Prophet forbade us to do that and after that he allowed us to marry a woman by giving her even a garment, and then he recited: O you who believe! Do not make unlawful the good things which Allah has made lawful for you.
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Sterilization may be practised under cases of necessity - When pregnancy becomes dangerous to the mothers life (determined by trustworthyMuslim doctors) and when other alternatives of contraception have been exhausted without being effective. - Marriage for tow persons infected with AIDS, HIV.
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necessary measures are taken to prevent any manipulation of this practice to avoid any lineage confusion.
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2- Artificial insemination
A method of inducing pregnancy in a female mammal by injecting sperm into the womb.
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3- Surrogacy
Surrogate: taking place of somebody or something else. Surrogate mother: A woman who bears a child for a couple, with the intention of handing it over at birth. She usually either is artificially inseminated by the man or implanted with a fertilized egg from the woman.
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1- The sperm and the egg are taken respectively from a legitimate husband and wife. The egg fertilized and then implanted in the womb of another woman who is not the wife of that man. (uterus) 2- The sperm is taken from the legitimate husband but the egg is taken from another woman who is not his legal wife. The egg is fertilized and then implanted in the womb of his legal wife. (egg)
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3- The sperm is taken from the legitimate husband but the egg is taken from another woman who is not his legal wife. The egg is fertilized and then implanted in the womb of the same woman from whom the egg was taken. (egg + uterus same woman) 4- The sperm is taken from the legitimate husband but the egg is taken from another woman who is not his legal wife. The egg is fertilized and then implanted in the womb of a third woman. (egg + uterus different women)
- These four forms are haram because in each case a third party who is not a legitimate wife is involved.
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5- The sperm is taken from a husband who have more than one wife. The egg is taken from one wife. After fertilizing the egg the pre-embryo is implanted in the womb of the second wife. Regarding this case, most of Muslim scholars believe it is unlawful also. Although the sperm is not strange to the womb since it is the womb of his second wife, but the egg is a stranger because it is from another woman. Another objection is that the woman who is bearing the embryo may conceive from her husband using her own egg whereas the embryo implanted may fail to develop and this may lead to confusion: to whom the foetus belongs?
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- Marital life is limited to its legitimate parties. Any practice that may involve any third party (either a man or a woman) in any form (whether in the form of semen, an ovum, an embryo, or a womb) is unlawful. - Any interference to violate the contract of marriage by introducing any third party (male or female) by a normal way or a biomedical technique is violation of Islamic law. Thus, it is forbidden.
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- Blood relationship is the fundamental basis of marriage and inheritance in Islam. Any practice that may undermine the family ties or create lineage confusion is forbidden.
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Surrogate fatherhood
This is when the sperm is taken from a man who is not the legitimate husband of the woman. This is forbidden because it involves a person who is not tied to that woman with a legitimate marital relationship.
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WEEK 12
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Plastic surgery
the surgical speciality concerned with the treatment of structural deformity and disfigurement. It is also involved with the enhancement of the appearance of a person (beauty). a) Cosmetic surgery b) Reconstructive surgery
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a) Cosmetic surgery:
Performed to reshape normal structures of the body to improve the persons appearance. Like facelift (a medical operation in which the skin of a persons face is tightened in order to make them look younger) and attempts to reverse the signs of ageing, and surgery of breasts (to increase or decrease the size of the breasts).
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Abdullah reported that Allah had cursed those women who tattoo and who have themselves tattooed, those who pluck hair from their faces and who have their facial hair plucked, and those who make spaces between their teeth for beautification changing what Allah has created.
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Prohibited because of: - Excessive beautification - Entails deception - Changing creation of Allah - Entails dissatisfaction with ones creation - Pride and show-off - Not needed/ no harm to be removed - Concentration on carnal beauty - Wasting of money
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b) Reconstructive surgery:
Performed on abnormal structures of the body caused by: - Congenital defects (defects that exist since or before birth): abnormally turned-out lips, split lips, twisted fingers or toes...etc. - developmental abnormalities: tumours (a mass of cells growing in or on a part of the body where they should not, deformed teethetc.
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- Injuries: scars left by leprosy or other skin diseases, or scars caused by accidents and burnsetc.
This type of surgery may be permitted because these faults and scars usually cause physical and psychological pain to the person inflicted with them. Moreover, operating on them is not considered to be changing the creation of Allah.
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WEEK 14
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And whoever commits suicide with a piece of iron will be punished with the same piece of iron in the Hell Fire. (hadith)
Narrated Jundab the Prophet said: "A man was inflicted with wounds and he committed suicide, and so Allah said: My slave has caused death on himself hurriedly, so I forbid Paradise for him." Cause of suicide: Overwhelming sense of despair
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Types of Euthanasia:
a) Active Euthanasia: An act of commission by taking action that leads to death, e.g. a lethal injection. b) Passive Euthanasia: - Letting a person die by taking no action to maintain his life, like stopping giving medications to one whose life is dependent on it. - Withholding medical or surgical procedures and life-support systems.
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3- Abortion
The expulsion of the products of pregnancy before the foetus is viable. Any interruption of human pregnancy prior to the 28th week (6 months) is known as Abortion.
Miscarriage: This term is used for the delivery of a nonviable embryo or foetus due to foetal or maternal factors.
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Induced Abortion This is made by an elective decision to terminate the pregnancy through the ways and means available.
- If the induced Abortion is performed to prevent the health or life of the mother, it is called therapeutic abortion.
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2- Before quickening (40 days/120) - Few scholars: permissible - Few scholars: reprehensible - The majority: prohibited only for justifiable reasons (rape, incest, genetic diseases) Why prohibited? - Assault against human life - Harmful (mentally, emotionally, physically) - Ethical impact: encourage adultery especially among teens.
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Organs donated: 1- Primary organs essential for life Heart , brain Brain stem death keeping some organs functioning 2- Secondary organs essential for life - Two: kidneys, lungs - One: liver 3- Secondary organs, not essential for life - Irreplaceable: hands, ears, nose, legs, eyes, etc.
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4- Other parts of the body - Replaceable: blood, skin, other tissues 5- Organs involved in reproduction Testicles, ovary, womb
The donor
1- Animals: lawful, unlawful 2- Humans: - Miscarried foetuses - Aborted foetuses
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- Children/ minors/ under guardianship - Adults: - Living - Dead: - explicit acceptance or rejection - no will
The recipient
- Muslim - Non-Muslim
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The term gender is used to distinguish between what is considered as masculine or feminine
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Basics:
1- Prohibition of riba (usury/ interest) 2- Prohibition of gambling
3- Prohibition of involvement in prohibited commodities (production, sale, buy) 4- Avoidance uncertainty) of al-Gharar (ambiguities,
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5- Risk-sharing or help
If
you want to get profit in this life you have to accept risk-sharing you want to get profit in the second life you help the needy through al-qardh al-hassan
If
== Application of all transactions which dont entail the above-mentioned prohibitions - Islamic banking business runs on the basis of commercial and trading principles.
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- Deposits / Accounts
- Money transfer
- Loans
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Credit Card
A small plastic card issued to users of the credit system after approval from a provider (bank), in which they will be able to make purchases from merchants supporting that credit card up to a prenegotiated credit limit. When a purchase is made, the credit card user indicates their consent to pay, usually by signing a receipt.
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- Some services can be paid for over the telephone by credit card merely by quoting the credit card number, and they can be used in a similar manner to pay for purchases from online vendors. (card not present" transactions)
- Each month, the credit card user is sent a statement indicating the purchases undertaken with the card, and the total amount owing. - The cardholder must then pay a minimum proportion of the bill by a due date, or pay the entire amount owing.
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Secured Credit Cards - A secured credit card is a special type of credit card in which you must first put down a deposit between 100% and 150% of the total amount of credit you desire. - Thus if you put down $1000, you will be given credit in the range of $500-$1000. - This deposit is held in a special savings account.
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- The owner of the secured credit card is still expected to make regular payment, as he or she would with a regular credit card.
- Should he/she default on a payment, the card issuer can deduct payments on the card out of the deposit. - They are often offered to people as a means of rebuilding ones credit. - Secured credit cards are available with both Visa and MasterCard logos on them.
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Typically, the rate of interest charges on the amount owing is much higher than most other forms of debt.
2. Some credit providers charge interest on the amount owing from the very beginning. In this case the interest rates are much lower than those imposed in the first type.
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Guarantee to merchants:
- Credit card companies generally provide a guarantee the merchant will be paid on legitimate transactions regardless of whether the consumer pays their credit card bill. - However, credit card companies generally will not pay a merchant if the consumer challenges the legitimacy of the transaction.
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Benefits to card companies: 1. The interest charges imposed on debts given (from the beginning or after the due date of payment).
2. card companies charge merchants fees/ commission for money transfer. 3. Annual fees
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Disadvantages:
- Enhances the culture of borrowing - Enhances consumerism: - Difficulty in controlling expenses - Uunwise use especially by young people - Suffer the long-term consequences of carrying high debt. - Payment of prohibited interest (riba)
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- Extra burden on consumers The credit card companies usually prevent the money transfer fees from being passed on to credit card users the merchants, certainly, dont bear those fees. The fees are spread among all customers by adding them to the normal prices. especially as some credit providers give their users incentives such as frequent flier miles or gift certificates The credit card users (some individuals) are using a public good without bearing the entire cost of their actions. The costs are borne by others.
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Debit Card
A debit card is a card which physically resembles a credit card, and, like a credit card, is used as an alternative to cash when making purchases
when purchases are made with a debit card, the funds are withdrawn directly from the purchaser's checking or savings account at a bank.
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A small fee may be charged for "debit" transactions (often absorbed by the retailer) from the merchant's standpoint, the merchant pays lower fees on a "debit" transaction as compared to "credit" transactions. To the consumer, a debit transaction is real-time; i.e. the money is withdrawn from their account immediately following the authorization request from the merchant.
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1) that the user is keen and able to pay within the grace period the purchases made dont exceed the amount that one can pay when the bill comes/ within the grace period;
2) the user will not withdraw cash (because cash withdrawal generates interest from the day of withdrawal and does not have a grace period).
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Justification of permissibility
One is not signing a loan contract with interest but he is signing a contract that gives him the choice to make the interest applied or not.
Consequently, if you know for sure that you can use it without incurring any interest you make the interest clause useless and it is permissible to sign such a contract and use the card.
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