Islam: Questions And Answers - Jurisprudence and Islamic Rulings: Transactions

ISLAM: QUESTIONS AND ANSWERS

Jurisprudence and Islamic Rulings: Transactions - Part 6 Volume 27 of a Series of Islamic Books by Muhammad Saed Abdul-Rahman

i

Islam: Questions And Answers Volume 27 Jurisprudence and Islamic Rulings: Transactions - Part 6

i

ii

Islam: Questions And Answers Volume 27 Jurisprudence and Islamic Rulings: Transactions - Part 6

Muhammad Saed Abdul-Rahman B.Sc., DipHE

iii

© Muhammad Saed Abdul-Rahman, 2004 ISBN for all volumes 1 86179 080 5 ISBN for volume 27 paperback 1 86179 454 1 ISBN for volume 27 hardback 1 86179 455 X ISBN for volume 27 pdf eBook 1 86179 456 8 ISBN for volume 27 Microsoft eBook 1 86179 457 6 ISBN for volume 27 Palm eBook 1 86179 458 4 All Rights reserved

British Library Cataloguing in Publication Data. A Catalogue record for this book is available from the British Library

Designed, Typeset and produced by: MSA Publication Limited, 4 Bello Close, Herne Hill, London SE24 9BW United Kingdom

iv

Contents Introduction .............................................................................. 1 Chapter 1................................................................................... 3

Transactions ........................................................... 3 Business and Finance: General ....................................... 3 20732: Boycotting the products of kuffaar who are hostile towards Islam .................................... 3 39761: It is not permissible to buy a product then sell it when it is still in the warehouse of the first vendor, before it has been moved ................. 7 46667: Can he rent the traditional set of jewellery and then return it to the jeweller in order to get married? .................................................. 8 36410: He bought a car by installments from the bank, then he sold it so that he could use the money to get married .......................................... 10 36408: What conditions should be met in order for the bank’s purchase scheme (muraabahah) to be considered permissible .................................... 12 36397: Giving up his place on the property investment waiting list in return for a sum of money ........ 16 20091: Leasing a car ................................................ 17 33625: “No returns or exchanges on goods sold” .... 19 39507: Selling animals by weight ............................ 20 37701: Selling food for charity at iftaar ................... 21 26817: He stipulates an additional cost for purchase by installments, separate from the price .... 22 13722: Stating one price for a product if paid for in cash and another price if paid for in installments .............................................................. 24 13721: Selling by installments may be mustahabb ................................................................ 27 14071: It is better not to buy in installments if

v

you are able to pay in cash ....................................... 30 13973: It is permissible to raise the price of a product in return for paying in installments ............. 32 9386: If an agent sells a product for more than the price stipulated, who does the extra money belong to? ................................................................. 37 9668: Being tolerant of sinner’s sins ........................ 39 6699: What is the ruling on buying from the kuffaar when there are Muslims around? ................. 43 13960: What is the fee when a sale is made? ........... 44 10676: Ruling on one who sells a product to a person who is buying it with an interest-based loan ........................................................................... 45 21218: Is it permissible to buy a company on condition that one pay off its debts? ......................... 45 26217: Selling government airline tickets if one travels by land .......................................................... 46 22443: Dealing in birds ............................................ 46 22396: Ruling on telling people a price other than the price he really paid ..................................... 47 12946: Father selling some of his property to one of his sons .......................................................... 49 22085: When buying a certain number they give a free service ..................................................... 50 12638: Ruling on selling an item on credit for a higher price than if it is paid for immediately .......... 50 6194: Is it permissible to sell to drunken customers? ................................................................ 52 9499: Giving up one’s telephone line in return for having the bill paid ............................................. 53 10031: Selling at more than 10% profit ................... 54 8507: Buying with funds from a savings scheme when he is one of the members of the scheme ......... 55 5375: Selling products to children for more than the wholesale price ........................................... 56 10203: What is the ruling on selling women’s vi

products? .................................................................. 57 3223: Selling discount coupons for gas ................... 57 3138: Father selling some of his possessions to one of his sons ...................................................... 58 3003: Ruling on selling razors ................................. 58 3066: What should be done with samples left over from quality-control testing? ............................ 59 7294: Does Islam permit bidding in auctions? ......... 60 8938: Discount on cost of laundry if one pays in advance ................................................................. 64 6572: Buying products from kaafir countries ........... 65 7842: Ruling on sales or offering discounts ............. 66 7224: Muslim renting his house to a non-Muslim .............................................................. 68 1847: Paying in installments .................................... 69 7836: Transferring patients to a private hospital for examinations in return for a part of the fee ........ 71 3490: Reward for planting: who gets it and when does it end? ..................................................... 72 7835: Raising the price of a piece of land in return for transferring a government loan to the purchaser ............................................................ 73 7836: Transferring patients to a private hospital for examinations in return for a part of the fee ........ 74 7834: Ruling on commercial advertising ................. 75 2852: Working in the laundry business .................... 78 2149: Making down-payments ................................. 79 2143: Ruling on dealing in bonds ............................ 80 2150: Ruling on auctions ......................................... 81 Chapter 2................................................................................. 85

Transactions ......................................................... 85 Business and Finance: Copyrights ................................ 85 26307: Copyright and the ruling on photocopying some parts of academic reference works ........................................................ 85 38847: Downloading lectures from the internet vii

and distributing them for da’wah purposes .............. 87 21899: Intellectual property rights ........................... 88 454: Copying computer programs ............................ 89 Chapter 3................................................................................. 91

Transactions ......................................................... 91 Business and Finance: Taxes ......................................... 91 42563: Fatwa of the Standing Committee on customs ..................................................................... 91 45713: He is exempted from paying duties; can he allow others to buy goods in his name?............... 94 40234: He told the students to pay money towards classroom renovations and he gives them grades accordingly ............................................................... 96 5218: A serious dialogue with a Christian ................ 97 Chapter 4................................................................................. 99

Transactions ......................................................... 99 Business and Finance: Business Contracts ................... 99 40752: Ruling on selling exorbitantly expensive telephone numbers and “custom” licence plates ...... 99 40000: Selling by installments to the one who asked us to buy something ..................................... 103 36410: He bought a car by installments from the bank, then he sold it so that he could use the money to get married ........................................ 106 36408: What conditions should be met in order for the bank’s purchase scheme (muraabahah) to be considered permissible .................................. 108 1848: Ruling on transactions made via modern means of communication ....................................... 112 6892: Paying for medical examinations in advance ................................................................... 114 10274: Buying shares in a bank that does not deal in ribaa ............................................................ 116 2146: ‘Aqd al-Istisnaa’ (contract to have something made or done) ....................................... 116 1839: Paying “key-money” (money for viii

vacating a property) ................................................ 117 Chapter 5............................................................................... 120

Transactions ....................................................... 120 Business and Finance: Credit Cards ............................ 120 13725: Using credit cards is haraam even if you pay up within the time limit ............................ 120 13735: Credit cards ................................................ 121 6847: Using a credit card to get married ................ 123 3402: Having an interest-based credit card in cases of necessity ................................................... 126 11179: Using credit cards to withdraw money ....... 128 10826: Buying with debit cards.............................. 129 Question: ................................................................ 129 Answer: .................................................................. 129 5540: Paying tuition fees with a riba-based credit card ............................................................... 129 665: Forced by her husband to help him get a “Visa” (credit) card .............................................. 131 Chapter 6............................................................................... 133

Transactions ....................................................... 133 Business and Finance: Investment .............................. 133 39903: Is income from an internet café halaal or haraam? .............................................................. 133 39505: Interest based loans .................................... 134 22933: Ruling on shares in a car insurance company ................................................................. 135 34512: Shares in telecommunications and service companies .................................................. 137 30842: Saving system in Aramco and attitude towards the various fatwas concerning it ............... 137 4714: Dealing in shares .......................................... 143 21127: Ruling on buying shares in a foreign company ................................................................. 146 21087: Participating in a savings scheme with a petroleum company ............................................. 149 1210: Buying shares in computer companies ......... 150 ix

8590: Dealing in shares .......................................... 151 12047: Investing in football clubs .......................... 152 10064: Draws of investment bonds (“premium bonds”) ................................................................... 152 8886: Large amount for holder of investment bonds ...................................................................... 153 2467: Investing in Internet services ........................ 155 Chapter 7............................................................................... 156

Transactions ....................................................... 156 Business and Finance: Business Partnerships .................................................. 156 45898: A pyramid-marketing company that sells da’wah tapes ................................................... 156 46595: Is it permissible to subscribe to the “Tasweeq Net” company? ...................................... 157 9384: Is it permissible to make wives partners in commercial companies? ..................................... 160 2371: Business partnerships between Muslims and kaafirs .............................................................. 161 Chapter 8............................................................................... 163

Transactions ....................................................... 163 Business and Finance: Forbidden Transactions ............................................... 163 52724: Their father left instructions that a waqf be set up, but they have not carried it out ...... 163 11502: Ruling on buying and keeping stuffed animals ................................................................... 165 47244: His father wants him to help him in his business which involves some things that go against sharee’ah ............................................... 167 40651: Is it permissible to sell haraam things like pork to non-Muslims? ..................................... 171 10315: Ruling on draws for cars ............................ 177 21181: Ruling on selling spectacles, watches and vessels with gold plating ................................. 178 12681: It is not permissible to exchange x

old gold for new gold and pay the difference in value ................................................................... 179 40409: It is not permissible to buy bank shares or deal in them ........................................................ 180 41052: Ruling on Selling cosmetics ....................... 182 22869: It is not permissible to sell gold for money unless the full price is paid in the same sitting ...................................................................... 183 Question: ................................................................ 183 49045: It is not permissible to exchange old gold for new gold and pay the difference in price .................................................................... 185 49844: He is asking about dolls and three-dimensional toys, and whether that affects his fast ......................................................... 186 49676: He is asking about selling pictures and statues .............................................................. 189 34587: It is not permissible to sell something that will be used for sinful purposes ...................... 191 39744: Ruling on selling TVs, VCRs and Playstation .............................................................. 193 40354: Selling a grant before taking possession of it ......................................................................... 196 41620: Brief ruling on the “Business” company .... 198 40263: Ruling on “Business” and other scams ...... 200 34674: Selling things that we are not permitted to wear .................................................................... 213 22756: Developing websites for selling haraam things ...................................................................... 215 34325: Buying gold through a site on the internet.................................................................... 217 32752: Selling video tapes and keeping a TV and VCR ................................................................. 218 13724: Ruling on selling silver riyals for paper riyals at different rates ............................................ 221 22390: Buying gold coins with images .................. 222 xi

22907: Selling beer and lottery tickets ................... 226 2147: Bay’ al-Wafaa’ .............................................. 227 21770: Prohibition on buying something which you have given in charity ............................. 228 14355: Dealing in alcohol, supplies for Christian holidays, condoms and cosmetic creams .................................................................... 229 21649: Selling things that may be used for haraam purposes ..................................................... 234 10443: What is the ruling on selling his share in a company whose wealth is all debts that are owed by people? ............................................... 235 22404: Ruling on selling magazines in which there are haraam adverts and half-naked pictures ................................................. 236 21927: Making copies of tapes and disks without permission ................................................. 237 21213: Selling cards to crack the codes blocking permissive channels ................................ 237 13648: Selling posters and frames of Qur’aanic verses ..................................................... 240 14228: Selling Hajj visas ....................................... 244 12274: Selling cameras to those who will use them for haraam pictures ................................. 245 10541: A charitable organization wants to issue discount cards ................................................ 246 8949: Issuing letter stating salary of person who wants to buy through the bank ....................... 248 5669: Can he sell alcohol in order to pay off an interest-based loan? ........................................... 249 5224: Is it permissible for people taking part in an auction to ask someone present not to increase the price? .................................................. 250 10101: Ruling on selling contraceptive measures ................................................................. 251 10958: Selling before taking possession and xii

selling by installments ............................................ 253 10161: Buying and selling shares through the bank .................................................................. 254 10207: Selling monkeys ......................................... 255 10204: Selling cigarettes ........................................ 255 10205: Renting videos ............................................ 256 10201: Selling items used by women for adornment ............................................................... 257 9385: Ruling on selling visas and work permits .... 258 9941: Grocery store selling foods containing pork ingredients ...................................................... 259 3004: Opening a store to sell reptiles and predatory animals ................................................... 260 2997: Selling a box of toys whose contents are unknown ........................................................... 262 6682: Selling alcohol to kaafirs .............................. 263 6700: Rewards for donating blood ......................... 264 4270: His father asks him to buy cigarettes for him .................................................................... 265 7851: Selling a mobile phone for which the purchaser pays in installments, from which the vendor pays for the “smart card” ...................... 265 3011: Is it permissible to sell pure silk? ................. 267 5444: Selling perfume to non-Muslim women ...... 273 5232: A vendor imposed a condition that a prospective purchaser has to pay him some compensation if he does not buy ............................ 274 1810: Selling on consignment and selling a product before it arrives ......................................... 275 3746: Selling haraam and doubtful things.............. 277 Chapter 9............................................................................... 278

Transactions ....................................................... 278 Business and Finance: Interest .................................... 278 23346: Ruling on depositing money in the bank, and interest ................................................... 278 39829: Borrowing from a riba-based bank in xiii

order to buy a house ............................................... 280 40409: It is not permissible to buy bank shares or deal in them ........................................................ 283 45902: He used a credit card, which is haraam, and he owes money. Should he pay it off? ............. 285 50016: Is it permissible to act as guarantor for a person taking a loan from the bank? ...................... 286 49677: Where should he deposit his money in these times when riba is so widespread? ............ 287 45691: Does paying more than the amount required for zakaah mean that one is allowed to take interest? ...................................................... 289 45656: How should they dispose of insurance money after their father’s death? ............................ 291 36410: He bought a car by installments from the bank, then he sold it so that he could use the money to get married ........................................ 292 20709: Is it permissible for him to inherit property that was bought with a riba-based loan? ..................................................... 294 40217: He has repented from dealing with a riba-based bank but he does not know what his capital was ........................................................ 295 20876: Taking interest and offsetting losses with riba ................................................................. 296 33709: A company is offering a riba-based loan to its employees .............................................. 299 20695: What should be done with interest? ........... 300 39211: Putting money in the bank, and can hospitals be built with zakaah funds? .................... 301 20952: Can he accept money that comes from the lottery company? ..................................... 303 32534: How could the Islamic states allow the development of riba-based banks? ................... 304 26771: Working in banks in an Islamic country ..... 307 20720: Islamic financial system ............................. 312 xiv

20107: Paying zakaah via credit card ..................... 315 14098: Prohibition of selling bills of exchange to the bank .............................................................. 316 9348: He works for a company that deals with insurance ................................................................ 317 3974: He has a debt and he wants to go for Hajj .... 320 9700: Should he pay back an interest-based loan? ................................................ 324 22339: Regarding riba as permissible .................... 327 22905: Benefitting from a house that was built with an interest-based loan ............................ 330 30798: Putting money in riba-based banks ............ 332 7030: Using credit cards in cases of necessity ....... 336 26789: Ruling on depositing money in riba-based banks ..................................................... 337 22392: Depositing money in a riba-based bank ..... 337 13709: It is not permissible to impose a penalty for delay in praying off a debt .................... 340 20933: What is the ruling if he sells a company which owes money to others? ................................ 340 20807: Ruling on getting back a loan from interest-based money .............................................. 341 12823: Bank’s interest is called riba (usury) in sharee’ah ................................................................ 341 21914: Should he go for an interest-based mortgage if that is cheaper than renting? ............... 343 2711: Transferring money from one currency to another ................................................................ 344 1231: It is not permissible for the vendor to charge extra to the one who makes late payments................................................................. 344 9054: Ruling on taking an interest-based loan for an urgent need ................................................... 345 7840: Delaying repayment of a bank loan so that they will waive the interest.............................. 347 9241: He wants to bring in a person to take xv

his place in a ribaa-based investment bank account to save himself .......................................... 348 750: This is the essence of ribaa............................. 349 10825: With his shares they bought shares in a ribaa-based bank .............................................. 351 10235: Ruling on being a witness to a riba-based loan ....................................................... 352 10234: Ruling on buying a mosque with an interest-based loan ............................................. 352 10233: Lender referring a third party to debtor for extra money ...................................................... 354 1120: Is it permissible to deal with ribaa in a ribaa-based society? ............................................... 355 7638: Helping people to buy used cars with ribaa (interest) ........................................................ 355 1391: Using something which was bought with ribaa ........................................................................ 360 8141: Ruling on taking ribaa from deposit accounts in kaafir banks ......................................... 361 3077: What should a person who his father borrowed with interest(Ribba) do .......................... 362 8967: Filling out forms disclosing workers’ salaries at the request of riba-based banks ............. 363 6002: Counterbalancing one another’s interest in the bank .............................................................. 364 4265: Harmful effects of Riba ................................ 365 4943: Her husband bought a house with riba – can she refuse to live in it? .................................. 366 432: Obtaining a discount card in return for paying a certain amount ......................................... 367 2370: Getting rid of riba by giving it to the poor ........................................................................ 368 2492: Disposing of riba income received before one came to know that it is haraam ............. 369 1606: Doesn’t want to repay riba but also doesn’t want to give a bad impression ................... 371 xvi

1885: Praying in a mosque built with riba based loan ............................................................... 373 1507: Accepting interest does not make it permissible ............................................................. 373 292: Using interest to pay for tuition ..................... 375 590: Late payment charges ..................................... 377 181: Ruling on pre-marital relationships ................ 378 126: Conditions for performing forbidden act under necessity and engaging in riba transactions ............................................................. 381

xvii

xviii

Introduction Praise be to Allah, the Lord of the worlds, and peace and blessings be upon His last Messenger, Prophet Muhammad, and on his family and his companions. This book, Jurisprudence and Islamic Rulings: Transactions - Part 6, is the twenty-seventh volume of a series of authoritative Islamic books entitled Islam: Questions And Answers. The overall series discusses issues relevant to Islam, and present accurate and reliable information based on the true beliefs and practices of the Prophet (Peace and Blessings of Allaah be upon Him) and his companions. The objectives of the various books include: to teach and familiarize Muslims with various aspects of their religion to be a source for guiding people to Islam to assist in solving the social and personal problems of the Muslims in an Islamic context The books are directed towards Muslims and non-Muslims alike. Subject areas include, but are not limited to, Islamic fiqh and jurisprudence, Islamic history, Islamic social laws (including marriage, divorce, contracts, and inheritance), Islamic finance, basic tenets and aqeedah of the Islamic faith and tawheed, and Arabic grammar as it relates to the Qur'an and Islamic texts. The books are compilations of questions and responses about Islam, from both Muslims and Non-Muslims. The responses are handled mainly by internationally re-nowned Islamic shaykhs and scholars, including Shaykh al-Islam Ibn Taymiyah, Ibn Katheer, al-Albaani, Shaykh Ibn Baaz, Ibn al-Jawzi, Ibn al-Qayyim, Al‘Izz ibn ‘Abd al-Salaam, al-Nawawi, Shaykh ‘Abd al-Kareem, al Khudayr, Al-Dhahabi, al-Qurtubi, Al-Sindi, al-Shawkaani and al-Bastawi using only authentic, scholarly sources based on the Qur'an and sunnah. References, which include Haashiyat Ibn Maajah, Sharh Saheeh Muslim, Fataawa al-Lajnah al-Daa’imah, 1

Jurisprudence and Islamic Rulings

Silsilat al-Ahaadeeth al-Da’eefah, Al-Mawsoo’ah fi Ahaadeeth al-Mahdi al-Da’eefah wa’l-Mawdoo’ah, Al-Manaar al-Muneef and Fataawa Islamiyyah, are provided where appropriate in the responses. The book provides the reader with cross references of other pertinent responses not necessarily in the same volume, but also in other volumes of the series. However, each volume is complete in itself. The book records accurately the answers the contributing Sheikhs and scholars gave to the questions put to them. These are not necessarily the answers which other sheikhs and scholars would have given. Depending on circumstances, for example, Islam permits different solutions to some questions The book also provides the reader with cross-references to other pertinent responses not necessarily in the same volume, but also in other volumes of the series. However, each volume is complete in itself. It is intended that this present series of Books will cover the following subject areas (insha-Allah): Aqeedah (Basic Tenets of Faith); Usool ul-Fiqh (Science of evidence that serve as basis for Fiqh), Fiqh (Jurisprudence and Islamic Rulings), Da'wah (Inviting others to Islam), Aadaab (Manners), Akhlaaq (Character and Morals), Tareekh wa ul Seerah (Islamic history and biography), Tarbiyyah (Pedagogy, education, and upbringing) and Mashakil Nafsiyah wa Ijtimaa'yah (Psychological & Social Problems). May Allah reward the owners and maintainers of www.islamqa.com for granting me full, exclusive, assignable and transferable rights to use and display all the questions and answers needed for the compilation of these books. May Allah grant everyone involved in the promotion of this project good in this world and the Hereafter and protection from the fire of hell.

2

Transactions - Part 6

Chapter 1 Transactions Business and Finance: General 20732: Boycotting the products of kuffaar who are hostile towards Islam Question: Is It generally permissible to do business with Jews, companies that may have Jewish owners or shareholders, companies that may have franchises in Israel, etc.? Recently many Muslims have been saying that it is haraam to have any business dealings with the Jews whatsoever. To the best of my limited knowledge, even when the Muslims were fighting the Jews in the time of the Prophet, sallallaahu ‘alayhi wa sallam, he did not forbid trade with them, and when he died his shield or armor was with a Jews as collateral on a loan. Please inform us as to the correct position on this issue. Answer: Praise be to Allaah. Firstly: The basic principle is that it is permissible to interact and do business, buying and selling, with the Jews and others, because it is proven that the Prophet (peace and blessings of Allaah be upon him) and his companions interacted with the Jews of Madeenah, buying and selling, lending and putting items in pledge, and other kinds of interactions 3

Jurisprudence and Islamic Rulings

that are permissible according to our religion. The Jews with whom the Prophet (peace and blessings of Allaah be upon him) interacted were people with whom the Muslims had a treaty; those who broke the treaty were either killed or expelled, or were left alone if that served some interest. But there is evidence which indicates that it is permissible to buy and sell with kuffaar who are in a state of war against the Muslims. Imam al-Bukhaari (may Allaah have mercy on him) said: Chapter: Buying and selling with the mushrikeen and people who are at war with Islam. Then he narrated (2216) that ‘Abd al-Rahmaan ibn Abi Bakr (may Allaah be pleased with him) said: We were with the Prophet (peace and blessings of Allaah be upon him) then a mushrik man came with some sheep that he was driving. The Prophet (peace and blessings of Allaah be upon him) said: “Are they for sale or a gift?” He said: “For sale.” So he bought a sheep from him. Al-Nawawi (may Allaah have mercy on him) said in Sharh Saheeh Muslim (11/14): The Muslims are unanimously agreed that it is permissible to interact with ahl al-dhimmah (non-Muslims living under Muslim rule) and other kuffaar, so long as the object of the transaction is not haraam, but it is not permissible for a Muslim to sell weapons or tools of war to those who are waging war against the Muslims, or anything that helps them to support their religion. Ibn Battaal said: dealing with the kuffaar is permissible, except for selling things to those who are at war with the Muslims that may help them against the Muslims.

4

Transactions - Part 6

It was narrated in al-Majmoo’ (9/432) that there is scholarly consensus that it is forbidden to sell weapons to people who are waging war against Muslims. The reason for that is obvious, which is that these weapons will be used to fight the Muslims. Secondly: There is no doubt that it is prescribed to engage in jihad against the enemies of Allaah, Jews and others, with our lives and our wealth. That includes every means that will weaken their economy and cause them harm. Money is the lifeblood of wars ancient and modern. The Muslims in general should cooperate in righteousness and piety and help the Muslims in all places in ways that will lead them to prevail and strengthen them and enable them to manifest the symbols of religion, to practise the teachings of Islam and to implement the rulings of sharee’ah and carry out hudood punishments, and whatever will lead to their victory over the kuffaar, Jews, Christians and others. They should strive their hardest in jihad against the enemies of Allaah with all the means at their disposal. The Prophet (peace and blessings of Allaah be upon him) said: “Strive against the mushrikeen with your wealth, your lives and your tongues (speech).” Narrated by Abu Dawood, 2504; classed as saheeh by alAlbaani in Saheeh Abi Dawood. The Muslims have to help the mujaahideen as much as they can, and do everything that will strengthen Islam and the Muslims. They must also strive against the kuffaar in whatever ways they can, and do everything they can to weaken the kuffaar and the enemies of Islam. They should not employ them as workers such as typists, accountants, engineers or servants in any kind of service that gives

5

Jurisprudence and Islamic Rulings

them more power to collect the wealth of the Muslims and use it against them. Conclusion: The one who boycotts the products of the kuffaar who are waging war against Islam, intending thereby to make manifest the fact that he does not like or support them, and to weaken their economy, will be rewarded in sha Allah for this good intention. Whoever deals with them on the basis of the principle that it is permissible to deal with the kuffaar – especially buying things that he needs – there is no sin on him, in sha Allaah, and that does not affect the principle of alwala’ wa’l-bara’ (loyalty and friendship vs. disavowal and enmity) in Islam. The Standing Committee was asked: What is the ruling on Muslims not cooperating with and not wanting to buy from Muslims, and preferring to buy from the kuffaar; is this permissible or forbidden? They replied: The basic principle is that it is permissible for the Muslim to buy whatever he needs of things that Allaah has permitted from both Muslims and kaafirs. The Prophet (peace and blessings of Allaah be upon him) bought from the Jews, but if a Muslim turns away from dealing with his fellow Muslim for no good reason – such as deceit or high prices or bad products – and he prefer to buys from kaafirs with no reason, that is haraam, because it implies that one is befriending the kuffaar, approving of them and liking them, and because it involves reducing the Muslims’ business and preventing them from selling their goods, if the Muslim takes that as his habit. But if there is a reason for that, such as those mentioned above, then he 6

Transactions - Part 6

should advise his Muslim brother to give up these faults. If he accepts the advice, then praise be to Allaah, otherwise he should go to someone else, even if he is a kaafir, if he is honest and decent in his dealings. Fataawa al-Lajnah al-Daa’imah, 13/18 And Allaah knows best. Islam Q&A (www.islam-qa.com) 39761: It is not permissible to buy a product then sell it when it is still in the warehouse of the first vendor, before it has been moved Question: Some traders buy a product then they do not take possession of it or check it, rather they take a receipt which shows that they have paid for it and it is now theirs, and they leave it in the warehouse of the first vendor from whom they bought it. Then the second vendor sells it to someone else, whilst it is still in the storehouse of the first vendor. What is the ruling on that?. Answer: Praise be to Allaah. It is not permissible for the purchaser of this product to sell it so long as it is still in the possession of the seller, until the purchaser has taken possession of it and moved it to his house or the marketplace, because of the saheeh ahaadeeth that have been narrated from the Prophet (peace and blessings of Allaah be upon him) concerning that. For example, he (peace and blessings of Allaah be upon 7

Jurisprudence and Islamic Rulings

him) said: “It is not permissible to sell something on condition that the purchaser lend you something, and it is not permissible to have two conditions in one transaction, and no profit is permissible unless possession has been taken of the goods, and you cannot sell what is not in your possession.” Narrated by Ahmad and the authors of al-Sunan with a saheeh isnaad. And he (peace and blessings of Allaah be upon him) said to al-Hakeem ibn Hizaam: “Do not sell that which you do not have.” Narrated by the five except Abu Dawood, with a jayyid isnaad. And it was narrated from Zayd ibn Thaabit (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) forbade selling a product in the place where it was bought until the merchants have taken possession of it and moved it to their own property. Narrated by Ahmad and Abu Dawood; classed as saheeh by Ibn Hibbaan and al-Haakim. Similarly, if a person buys from the purchaser, it is not permissible for him to sell it until he transfers it to his house or to another place in the marketplace, because of the ahaadeeth quoted and other ahaadeeth which convey the same meaning. And Allaah is the Source of strength. Shaykh ‘Abd al-‘Azeez ibn Baaz . Fiqh wa Fataawa alBuyoo’ by Ashraf ‘Abd al-Maqsood, 309.. (www.islam-qa.com) 46667: Can he rent the traditional set of jewellery and then return it to the jeweller in order to get married? Question: A young man proposed marriage, but he cannot afford 8

Transactions - Part 6

the traditional set of jewellery. He agreed with his fiancée to bring the jeweller to the house in order to please her family, then the young man will return the traditional set of jewellery to the jeweller one month after the celebration, in return for the groom paying the jeweller for renting this set for this one-month period, according to the price set by the jeweller. Is this regarded as riba? Is this haraam or halaal, because the young man’s marriage to this girl depends on his bringing this jewellery because her family are insisting on that? May Allaah reward you with good. Answer: Praise be to Allaah. Firstly: The Standing Committee was asked a similar question, about renting gold and silver jewellery for the woman to wear for her wedding, then returning it two weeks later, for example, and paying for that. They replied: The basic principle is that it is permissible to rent gold and silver jewellery for one of the two currencies, or for something else, for a known rent and period of time, after which the one who rents the jewellery is to return it. And there is nothing wrong with taking collateral for that. Fataawa al-Lajnah al-Daa’imah, 15/79-80 The two currencies are gold and silver, i.e., it is permissible to pay the rental fee in gold or silver, or in the banknotes that people use nowadays. And Allaah knows best. Secondly: 9

Jurisprudence and Islamic Rulings

Women’s fathers and guardians are advised not to make excessive demands with regard to the mahr (dowry), and not to burden prospective husbands with unreasonable demands as regards the mahr, traditional set of jewellery and furniture, etc. Such excessive demands are condemned in sharee’ah, as are the harmful consequences to which they lead. See question no. [12572]. Islam Q&A (www.islam-qa.com) 36410: He bought a car by installments from the bank, then he sold it so that he could use the money to get married Question: I am a young man and I would to complete half of my religion by getting married. I proposed to a girl but there are a lot of expenses involved in getting married, namely the mahr etc. I cannot afford all that, so one of the brothers told me that the banks have a system called muraabahah (purchase scheme). So I went there and the bank official told me that I should go to one of the car showrooms (he did not specify which one) and choose a car, and the bank will buy it and sell it to me, in return for taking a profit of 40,741 riyals on an original price of 95,000 riyals, over a period of 6.5 years. I do not have any other option because my father is deeply in debt. I tried to borrow the money from anyone who would give it without demanding interest, but I could not find anyone except one of the banks. Any other method of raising the money without any kind of buying or selling (i.e., money for money), is regarded as blatant riba (usury). I want to get married, and I fear temptation for myself. Please advise us, may Allaah reward you. 10

Transactions - Part 6

Answer: Praise be to Allaah. This transaction that you want to engage in includes two things: 1 – Buying a car through the bank. This is not permissible unless two conditions are met: (i) That the car should be owned by the bank. So the bank should buy the car for itself from the showroom, before selling it to you. (ii) That the bank should take possession of the car by moving it physically from the showroom before selling it to you. If both or either of these two conditions are not met, then the transaction is haraam. See question no. 36408. 2 – Selling this car which has only been bought for this purpose, namely obtaining money. This is what is called tawarruq or buying and selling in order to obtain wariq, i.e., silver. This is permissible according to the majority of scholars, subject to the condition that the car be sold to someone other than the person from whom you bought it. It says in Fataawa al-Lajnah al-Daa’imah (13/161): We hope that you can advise us about the issue of tuwarruq and tell us what the ruling is on that. The Committee replied: Tuwarruq means buying a product and deferring the payment, then selling it for payment on the spot to someone other than the person from whom you bought it 11

Jurisprudence and Islamic Rulings

for a deferred payment, in order to benefit from its price. There is nothing wrong with this transaction according to the majority of scholars. End quote. See also question no. 45042. If the two conditions outlined above are met, there is no sin on you in sha Allaah. And we ask Allaah to help you and guide you. And Allaah knows best. Islam Q&A (www.islam-qa.com) 36408: What conditions should be met in order for the bank’s purchase scheme (muraabahah) to be considered permissible Question: My question is: how sound is the following transaction, what is the ruling on it, what is the ruling on someone who has already gotten involved in it and what should he do? The details of this muraabahah purchase program (as it is called by the bank) are as follows: 1 – The buyer goes and gets a price list for the bank from the main supplier of the product (a car showroom or agency, for example), including a description of the car, its colour, features and price (100,000 riyals, for example). 2 – The buyer obtains a letter stating his salary, and fills out the required forms to have part of his salary deposited 12

Transactions - Part 6

in the bank for the period agreed upon with the bank (for example, three years), to pay off the total cost which includes the basic price plus the bank’s profit (for example, 7%). 3 – The contract is drawn up, including the processing fees (1000 riyals for example) and is signed by the bank, the buyer and the witnesses. 4 – The bank issues a draft cheque payable to the showroom or agency (the supplier) for the value of the car as quoted in the price list referred to in #1 above. 5 – The buyer takes the cheque and gives it to the supplier, who then does all the paperwork needed to register the car in the name of the buyer and gives it to him. Answer: Praise be to Allaah. This transaction is haraam and is not permitted. Basically this transaction is a loan with interest, which is the essence of riba (usury), because the bank gives the buyer a cheque for 100,000 and takes payment for it in installments, adding interest and what they call processing fees. Calling this a purchase does not make it permissible, because this deal is essentially a riba-based loan and not a sale or purchase. Also, the bank is not buying the car from the showroom or selling it to the buyer, rather it is giving him a cheque for that amount. Buying products (whether cars or anything else) through the bank is not permissible unless two conditions are met: 1 – The seller should take possession of this product before selling it. So the bank should buy the car, for example, from the showroom for itself. 13

Jurisprudence and Islamic Rulings

2 – The bank should take the car into its own possession by moving it (physically) from the showroom before selling it to the customer. If both or either of two conditions are not met, then the transaction is haraam, and the reason for that is that when the bank did not buy the car for itself in a real sense, rather it only issued a cheque on behalf of its customer, that was a riba-based loan, because essentially the bank loaned the price of the car (say, 100,000 riyals) to the customer on the basis that it would take back 170,000 riyals. If the bank buys the car then sells it before taking possession of it, that goes against the words of the Prophet (peace and blessings of Allaah be upon him) to Hakeem ibn Hizaam: “When you buy something, do not sell it until you have taken possession of it.” Narrated by Ahmed, 15399; al-Nasaa’i, 4613; classed as saheeh by al-Albaani in Saheeh al-Jaami’, no. 342. Al-Daaraqutni and Abu Dawood (3499) narrated from Zayd ibn Thaabit that the Prophet (peace and blessings of Allaah be upon him) forbade selling goods when they have been bought, until the merchants had added them to their own goods. This hadeeth was classed as hasan by al-Albaani in Saheeh Abi Dawood. In al-Saheehayn it is narrated from Ibn ‘Abbaas that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever buys food, let him not sell it until he has acquired it.” Al-Bukhaari, 2132; Muslim, 1525. Muslim added: Ibn ‘Abbaas said: I think that this applies to everything else – i.e., there is no difference between food and other things in this regard. Based on this, the bank does not have the right to sell the car until it has taken possession of it. Goods are taken possession of according to custom, and taking possession of a car means that it is 14

Transactions - Part 6

moved physically from where it was. Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: “Whatever is moveable, such as garments, animals and cars etc, possession is taken of it by moving it, because this is the custom. From Sharh al-Mumti’, 8/381. It says in Fataawa al-Lajnah al-Daa’imah (13/153): If a person asks someone to buy a specific car for him or a car that has certain features that he describes, and promises to buy it from him, and he buys it and takes possession of it, it is permissible for the one who asked for it to buy it from him after that, with cash or in installments for a known profit. This does not come under the heading of a man selling something that he does not own, because the one who was asked for the product only sold it to the one who asked for it after he had bought it and taken possession of it. He does not have the right to sell it to his friend, for example, before buying it, or after buying it but before taking possession of it, because the Prophet (peace and blessings of Allaah be upon him) forbade selling a product where it was bought, until the merchants had added them to their own goods. End quote. With regard to the one who engaged in such a transaction in the past, if he did not know at the time that it is haraam, and he did that thinking that it was permissible, then he does not have to do anything, because Allaah says (interpretation of the meaning): “So whosoever receives an admonition from his Lord and stops eating Ribaa, shall not be punished for the past” [al-Baqarah 2:275] See also Question no. 2492. But whoever did that knowing that it is haraam has 15

Jurisprudence and Islamic Rulings

committed the major sin of riba and exposed himself to a declaration of war from Allaah and His Messenger. Allaah says (interpretation of the meaning): “O you who believe! Be afraid of Allaah and give up what remains (due to you) from Ribaa (from now onward) if you are (really) believers. And if you do not do it, then take a notice of war from Allaah and His Messenger but if you repent, you shall have your capital sums. Deal not unjustly (by asking more than your capital sums), and you shall not be dealt with unjustly (by receiving less than your capital sums)” [al-Baqarah 2:278-279] So he has to repent from this major sin, and resolve not to do that again. With regard to making use of the car that was bought in this manner, there is nothing wrong with doing so, in sha Allaah, after repenting and regretting. See question no. 22905. And Allaah knows best. Islam Q&A (www.islam-qa.com) 36397: Giving up his place on the property investment waiting list in return for a sum of money Question: My brother has applied to the property investment fund and he is still waiting for his turn on the list. Is it permissible for him to give his turn to me, if I give him a specific amount of money in return for that?. 16

Transactions - Part 6

Answer: Praise be to Allaah. There is nothing wrong with him giving up his place on the property investment waiting list in return for a sum of money, because he is giving up a financial right, and it is permissible to sell financial rights in return for compensation. But it is essential to have the permission of the bank handling this investment. If the bank gives permission and the two parties agree that one will pay money in order to take the place of the other, then this is permissible and there is nothing wrong with it. And Allaah knows best. A fatwa of Dr Khaalid al-Mushayqih. (www.islamqa.com) 20091: Leasing a car Question: Is leasing a car in the US haraam? I don’t know if there is any interest involved or not. Answer: Praise be to Allaah. The ruling on a thing is based on the way it is understood, so it is not possible to state whether this purchase is permissible or forbidden without studying the contract and its clauses. There are two common forms of buying and selling by installments (leasing): 17

Jurisprudence and Islamic Rulings

1 – Where you buy a car from the owner, whether the owner is an individual or a company, on the basis that you will pay for it in installments. There is nothing wrong with this, even if the price in installments is higher than the price if paid for in cash. See question no. 13973. 2 – Where you buy the car through a company or person who does not own it, rather they pay the price to the owner on your behalf, on the basis that you will pay off the price in installments with interest. This is haraam, because what this contract means is that this company or bank is giving you an interest-based loan, and is not buying anything in such a way that it becomes their property so that they can sell it on to you. See question no. 10958 But if we assume that the bank buys the car in real terms and becomes its owner, then sells it to you in installments for a higher price, there is nothing wrong with that; this is akin to the first scenario. The Standing Committee was asked: A man asked his friend to buy a car for him with cash, then sell it to him for a deferred payment with extra money as a profit. Is this regarded as riba? They replied: If a man asks another to buy a specific car for him or a car that meets certain requirements that he stipulates, and promises to buy it from him, and he buys it from the one whom he asked to do that and takes possession of it, it is permissible for the one who asked for it to buy it from him after that for cash or in installments with a specific amount of extra money as a profit. This is not a kind of 18

Transactions - Part 6

selling what one does not have, because the one who you asked for this product is selling it to the one who asked for it after buying it and taking possession of it. He does not have the right to sell it to his friend, for example, before he buys it, or after he buys it and before he takes possession of it, because the Prophet (peace and blessings of Allaah be upon him) forbade selling goods until the merchant has them in his own possession. Fataawa al-Lajnah al-Daa’imah, 13/152 And Allaah knows best. Islam Q&A (www.islam-qa.com) 33625: “No returns or exchanges on goods sold” Question: What is the shar’i ruling on writing the sentence “No returns or exchanges on goods sold” which some shopkeepers write on their receipts? Is this condition permissible according to sharee’ah?. Answer: Praise be to Allaah. If a product is sold subject to the condition that it cannot be returned or exchanged, that is not permissible, because it is an invalid condition which may lead to harm or confusion, and because the intention of the vendor in stipulating this condition is to oblige the purchaser to keep the product even if it is faulty. This condition does not exonerate him if faults are found in the product because if it is faulty then he should exchange the faulty product 19

Jurisprudence and Islamic Rulings

or the purchaser should be given a reduction, because the full price is given in exchange for a sound product, and if the vendor takes the full price when the product is faulty, he has taken it unlawfully. According to sharee’ah, customary conditions are as valid as verbal conditions. Customarily it is assumed that the product will be free of faults, so the purchaser is justified in returning it if it is faulty. And Allaah is the Source of strength. Al-Lajnah al-Daa’imah li’l-Buhooth al-‘Ilmiyyah wa’lIfta, fatwa no. 17388. (www.islam-qa.com) 39507: Selling animals by weight Question: Is it permissible to sell animals whose meat may be eaten, such as chickens, live by weight? Please note that this method is widespread among us. Answer: Praise be to Allaah. Yes, it is permissible to sell animals live by weight. The Standing Committee was asked: is it permissible to buy chickens and sheep by weight, whether they are alive or have been slaughtered? They replied: the basic principle is that transactions between Muslims are permissible except those which are forbidden by a shar’i text. Hence we know that it is permissible to buy chickens and sheep by weight, and we 20

Transactions - Part 6

know of no reason in sharee’ah why that should not be allowed. Fataawa al-Lajnah al-Daa’imah, 13/290 And it also says in Fataawa al-Lajnah al-Daa’imah, 13/ 290: It is permissible to sell sheep and other animals live by weight, whether they are weighed by kilograms or otherwise, because the purpose is to decide how much they are worth, which is decided by weight. And it also says (13/289): It is permissible to sell animals by weight, and it is permissible to sell them by sight without weighing them, according to scholarly consensus. The permissibility of selling them by weight is not affected by what is in its stomach of food etc., because that is part of it. So it is permissible to sell them by weight. And Allaah knows best. Islam Q&A (www.islam-qa.com) 37701: Selling food for charity at iftaar Question: Can we sell food for charity at an iftaar in the mosque, the proceeds of which are to be spent on poor people living near the mosque?. Answer: Praise be to Allaah. What is meant by selling food for charity is that some 21

Jurisprudence and Islamic Rulings

people prepare food of whatever type at home, then they sell it and they donate the money raised to a charitable project or give it in charity. This is a good deed and a kind of charity, and cooperating in charity, for which a person earns reward as do all those who participate in it, whether they contribute money or efforts, etc. All of that is included in the words of Allaah (interpretation of the meaning): “Help you one another in AlBirr and AtTaqwa (virtue, righteousness and piety)” [al-Maa’idah 5:2] But we should note that the buying and selling should be done outside the mosque itself, because it is haraam to buy and sell inside the mosque. The Prophet (peace and blessings of Allaah be upon him) said: “If you see anyone buying and selling inside the mosque, say, ‘May Allaah not cause your trade to be profitable.’” Narrated by alTirmidhi, 1321; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi, 1066 And Allaah knows best. Islam Q&A (www.islam-qa.com) 26817: He stipulates an additional cost for purchase by installments, separate from the price Question: I wanted to buy a car by installments, but the vendor said to me: Choose the period after which you will pay the price, on condition that it is no more than a year. But this 22

Transactions - Part 6

car costs thirty thousand in cash, and if bought by installments he will charge three percent each month. If I pay after one month he will charge three percent in addition to the price, after two months he will charge six percent, after ten months thirty percent, and so on. Is this halaal or haraam?. Answer: Praise be to Allaah. Selling by installments for an increased price is permissible. But the scholars stated that the additional amount should not be stipulated in the form of interest that is separate from the price. If the vendor does that then the transaction is haraam or makrooh. Ibn Qudaamah (may Allaah have mercy on him) said in al-Mughni (2/266): If he says, I will sell it to you at cost for one hundred, and I make a profit for one dirham for every ten, this was regarded as makrooh by Ahmad, and it was narrated from Ibn ‘Umar and Ibn ‘Abbaas that this is makrooh. We do not know of any of the Sahaabah who held a different opinion. It is regarded as makrooh but not in the sense of being haraam. Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said in Risaalah fi Aqsaam al-Mudaayanah: If in the contract the vendor says, “I will sell you this ten for eleven,” then it is either makrooh or haraam. It was narrated that Imam Ahmad said of such cases, It is as if he is selling dirhams for dirhams, which is not right. This is what Imam Ahmad said. Based on this, the correct way 23

Jurisprudence and Islamic Rulings

of going about it is for the lender to work out the value of the product and the amount of his profit, then he should say to the borrower, “I will sell it to you for such and such to be paid in one year.” One of the resolutions issued by the Fiqh Council says the following: According to sharee’ah, it is not permissible when selling something to be paid for later, to stipulate in the contract interest on the installments that is separate from the price so that it is connected to the time involved, whether the two parties agree to a rate of interest or they decide to follow the current rate of interest used by the banks. The way of putting this matter right, as may be understood from the words of Shaykh Ibn ‘Uthaymeen quoted above – is for the vendor to say to the purchaser, “When will you pay the price?” If he says, “After one year” – for example – the vendor should look at the value of the item and work out the amount of the profit he wants, then say to the purchaser, “I will sell it to you for such and such on the basis that you will pay after one year” – without stating an additional cost that is separate from the price. And Allaah knows best. Islam Q&A (www.islam-qa.com) 13722: Stating one price for a product if paid for in cash and another price if paid for in installments Question: Is it permissible to state one price for a product if the purchaser is going to pay for it in cash, and another price if the purchaser is going to pay for it in installments? For 24

Transactions - Part 6

example, this car costs fifty thousand in cash and sixty thousand by installments?. Answer: Praise be to Allaah. If the vendor says: this car costs fifty thousand if paid for in cash and sixty thousand if paid for in installments, one of two scenarios must apply: 1 – The seller and purchaser part having agreed on one price and method of payment. In this case the transaction is valid. 2 – If they separate without having agreed on the price. This transaction is haraam and is not valid. Al-Baghawi (may Allaah have mercy on him) said in Sharh al-Sunnah – concerning this second type of transaction – This is invalid according to the majority of scholars, because it is not known which of them has stated the price. This is how many of the scholars interpreted the Prophet’s prohibition on doing two transactions in one. Al-Tirmidhi (1152) narrated that Abu Hurayrah (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) forbade two transactions in one. This was classed as saheeh by al-Albaani in Saheeh al-Tirmidhi, 985. Al-Tirmidhi said: this is what the scholars based their views on. Some scholars interpreted it by saying that two transactions in one means that the seller says, “I will sell you this garment for ten in cash or for twenty in installments, but when they part they have not agreed on 25

Jurisprudence and Islamic Rulings

either of the transactions. If they part having agreed on one of them, there is nothing wrong with that, if the contract is based on one of them. Al-Nasaa’i (may Allaah have mercy on him) said: Two transactions in one means that a person says, “I will sell you this product for one hundred dirhams in cash or for two hundred dirhams in installments.” Al-Shawkaani said in Nayl al-Awtaar: The reason why two transactions in one is forbidden is that the price is not fixed because one thing is sold for two prices. The Standing Committee was asked: What is your opinion about selling a car of ten thousand in cash or twelve thousand in installments? They replied: If a person sells a car to another for ten thousand riyals, for example, if he pays cash, or for twelve thousand riyals if payment is deferred, and they part after the transaction is made without having agreed on either of the two options – the cash price or the price for delayed payment – this transaction is not permissible and it is not valid, because of the ambiguity concerning the final transaction and whether the price is to be paid now or later. This is how many of the scholars have understood the Prophet’s prohibition on making two transactions in one. This was narrated by Ahmad, al-Nasaa’i and al-Tirmidhi, and classed as saheeh by the latter. But if they agree before they separate upon the price and one of the methods of payment, either the price in cash or the price if payment is deferred, and they separate having agreed upon the specific details, then the transaction is permissible and is valid because the price and conditions are known. Fataawa al-Lajnah al-Daa’imah, 13/192 26

Transactions - Part 6

In another question: If the vendor says, “This product costs ten riyals if payment is deferred and five riyals if paid in cash, what is the ruling on that? The Committee replied: If the situation is as you described, then the transaction is not permissible, because it is a kind of two transactions in one. It was proven that the Prophet (peace and blessings of Allaah be upon him) forbade two transactions in one, because that involves ambiguity that may lead to conflicts and disputes. Fataawa al-Lajnah, 13/197 Among the decisions of the Fiqh Council is the following: It is permissible to increase the price for deferred payment as opposed to immediate payment. It is also permissible to state the price if paid in cash and another price if payment is made in installments at known times. But the transaction is not valid unless the two parties decide as to whether this is to be paid in cash or paid later. If there is some confusion as to whether the payment is to be in cash or paid later, then there is no firm agreement on one particular price, so this is not permissible according to sharee’ah. And Allaah knows best. Islam Q&A (www.islam-qa.com) 13721: Selling by installments may be mustahabb Question: I sell by installments, and when I do so I charge more than when selling for cash. Is it possible that I will be 27

Jurisprudence and Islamic Rulings

rewarded because I am helping the Muslims to buy what they need?. Answer: Praise be to Allaah. Selling by installments for a higher price is permissible. See Question no. 13973. With regard to selling by installments, the ruling as far as the seller is concerned may be that it is mustahabb or permissible. It may be mustahabb and he may be rewarded for it if his intention is to be easy-going to the purchaser and to help him to buy what he needs and he does not increase the price in return for allowing payment by installments if the customer is poor and in need, and he does not put pressure on him to pay it when it becomes due. Rather if the time for repayment comes and the customer does not have the money, he should give him more time, or let him off all or part of the price. Allaah says (interpretation of the meaning): “And if the debtor is in a hard time (has no money), then grant him time till it is easy for him to repay; but if you remit it by way of charity, that is better for you if you did but know” [al-Baqarah 2:280] Shaykh al-Sa’di (may Allaah have mercy on him) said: This means, if the one who owes the money is in difficulty, his creditor must wait until things become easier for him… If the creditor shows charity towards him – by letting him 28

Transactions - Part 6

off all or part of the debt – then that is better for him. Tafseer al-Sa’di, p. 168 Al-Bukhaari (1307) and Muslim (1561) narrated that Abu Mas’ood (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “A man from among those who came before you was brought to account, and nothing good was found in him, apart from the fact that he used to deal with the people and he was well off, and he used to tell his slaves to let off the (debtor) who was in difficulty. Allaah said, ‘We have more right to that than him, let him off.’” But if a dealer sells in installments and he increases the price in return for payment by installments, this is permissible. But some dealers sell only by installments, so that their profits will be greater. Imam Ahmad (may Allaah have mercy on him) stated that this is makrooh, but if the dealer sells both by installments and for cash, there is nothing wrong with that. Shaykh al-Islam (Ibn Taymiyah – may Allaah have mercy on him) explained the reason for it being makrooh as being that it comes under the heading of exploitation because usually the one who buys with deferred payment is the one who is unable to pay cash, so if a man only sells by installments, it means that he is exploiting people who are in need, but if he sells both for cash and by installments, he is just an ordinary trader. From Tahdheeb al-Sunan by Ibn al-Qayyim. ‘Awn alMa’bood, 9/347 And Allaah knows best. Islam Q&A (www.islam-qa.com)

29

Jurisprudence and Islamic Rulings

14071: It is better not to buy in installments if you are able to pay in cash Question: Is it permissible for me to buy something by installments when I am able to pay for it in cash? Please note that the price when bought in installments is greater than the price if I pay in cash. Answer: Praise be to Allaah. We have already stated in the answer to question no. 13973 that selling something by installments for a higher price is permissible. Although it is permissible, we should not be too lax on this matter, especially if there is no need for it, because buying by installments means buying with debt, and we should not be too lax when it comes to taking loans; rather we should not seek loans unless there is a need for it and it is essential. The Prophet (peace and blessings of Allaah be upon him) used to seek refuge with Allaah from debt. Al-Bukhaari (833) narrated from ‘Aa’ishah (may Allaah be pleased with her) that the Messenger of Allaah (peace and blessings of Allaah be upon him) used to make du’aa’ in his prayer and say, “Allaahumma inni a’oodhu bika min ‘adhaab il-qabr, wa a’oodhu bika min fitnat il-maseeh il-dajjaal, wa a’oodhu bika min fitnat il-mahya wa fitnat il-mamaat; Allaahumma inni a’oodhi bika min alma’tham wa’l-maghram (O Allaah, I seek refuge with You from the torment of the grave; I seek refuge with You 30

Transactions - Part 6

from the fitnah of the Dajjaal; I seek refuge with You from the trials of life and death; O Allaah, I seek refuge with You from sin and debt).” Someone said to him, “How often you seek refuge with Allaah from debt!” He said, “If a man gets into debt, he speaks and lies, he makes a promise then breaks it.” And he (peace and blessings of Allaah be upon him) used to call on people to pay off debts. The Prophet (peace and blessings of Allaah be upon him) also used to say in his du’aa’: “Allaahumma anta al-awwal fa laysa qablaka shay’un, wa anta al-aakhir fa laysa ba’daka shay’un, wa anta al-zaahir fa laysa fawqaka shay’un, wa anta al-baatin fa laysa doonaka shay’un, iqdi ‘anna al-dayn wa aghnina min al-faqr (O Allaah, You are the First and there is nothing before You, You are the Last and there is nothing after You, You are the Most High and there is nothing above You, and You are the Most Near and there is nothing closer than You. Settle our debt for us and spare us from poverty).” Hence no one should buy by installments when he is able to pay the whole price immediately, because then he is getting into debt when he has no need to, and he is exposing himself to danger, because if a person dies in debt he will not be forgiven, even if he dies as a shaheed on the battlefield, until his debt is paid off. Muslim narrated (1886) from ‘Abd-Allaah ibn ‘Amr ibn al-‘Aas that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “The shaheed will be forgiven for every sin except debt.” And al-Nasaa’i narrated (4605) that Muhammad ibn Jahsh (may Allaah be pleased with him) said: We were sitting with the Messenger of Allaah (peace and blessings of Allaah be upon him) when he raised his head towards the sky, then he put his palm on his forehead and said: 31

Jurisprudence and Islamic Rulings

“Subhaan-Allaah! What a strict issue has been revealed to me!” We remained silent and were afraid. The following morning I asked him, “O Messenger of Allaah, what is this strict issue that has been revealed?” He said, “By the One in Whose hand is my soul, if a man were killed in battle for the sake of Allaah, then brought back to life, then killed and brought back to life again, then killed, and he owed a debt, he would not enter Paradise until his debt was paid off.” Classed as hasan by al-Albaani in Saheeh al-Nasaa’i, 4367. The point is that if you are well off and you do not need the money you have, and you think it most likely that you will not need it in the near future, then it is better for you to pay cash and not to purchase by installments. And Allaah knows best. Islam Q&A (www.islam-qa.com) 13973: It is permissible to raise the price of a product in return for paying in installments Question:

Is it permissible to sell by installments when the price of the product is increased?. Answer: Praise be to Allaah. Selling in installments means that you get the product 32

Transactions - Part 6

sooner and pay all or part of the price later in known installments over a known period of time. The importance of knowing the ruling on this matter: Buying by installments is one of the issues where we should pay attention to finding out the rulings, because it has become very widespread in dealings on the individual and international level after the Second World War. So companies and corporations buy products from the suppliers by installments, and they sell them to their customers by installments, such as cars, real estate and tools, etc. One of the things that led to this becoming widespread is the fact that some of the banks also deal in such transactions, whereby the bank buys the product with cash and sells it to its customers by installments. Ruling on buying by installments. There is a text which states that it is permissible to buy by installments, which means buying a product and delaying payment. Al-Bukhaari (2068) and Muslim (1603) narrated from ‘Aa’ishah (may Allaah be pleased with her) that the Prophet (peace and blessings of Allaah be upon him) bought some food from a Jew to be paid for later, and put an iron shield in pledge for it. This hadeeth indicates that it is permissible to make a purchase with delayed payment, and buying by installments is nothing other than buying with delayed payment; all it means is that the price is divided into amounts, each of which must be paid at a certain time. There is no difference between the shar’i ruling on a case 33

Jurisprudence and Islamic Rulings

where the whole price is paid later at one time, or where the price is paid later at different times. Al-Bukhaari (2168) narrated that ‘Aa’ishah (may Allaah be pleased with her) said: Bareerah came to me and said: “I drew up a contract of manumission with my master stating that I would pay nine waqiyaha, one waqiyah each year.” [A waqiyah is a weight of silver etc]. This hadeeth indicates that it is permissible to pay later in installments. Even though the texts state that it is permissible to delay payment, there is no text which states that it is permissible to increase the price in return for that delay. Hence the scholars differed concerning the ruling on this issue. A few scholars said that it is haraam, on the grounds that it is riba. They said: because this is increasing the price in return for the deferment, and this is riba. But the majority of scholars, including the four imams, were of the view that it is permissible. The comments of the scholars of the four madhhabs concerning this include the following: The Hanafi madhhab: “The price may be raised in return for delaying payment,” (Badaa’i’ al-Sanaa’i’, 5/187) The Maaliki madhhab: “For more time some amount may be added to the price.” (Bidaayat al-Mujtahid, 2/108) The Shaafa’i madhhab: “Five in cash is equivalent to six in deferred payment.” (al-Wajeez by al-Ghazaali, 1/85) The Hanbali madhhab: “Delay add something to the price.” (Fataawa Ibn Taymiyah, 29/499). 34

Transactions - Part 6

They quoted evidence from the Qur’aan and Sunnah to support that, including the following: 1 – Allaah says (interpretation of the meaning): “Allaah has permitted trading” [al-Baqarah 2:275] The general meaning of this verse includes all forms of trading, which includes increasing the price in return for delaying payment. 2 – Allaah says (interpretation of the meaning): “O you who believe! Eat not up your property among yourselves unjustly except it be a trade amongst you, by mutual consent” [al-Nisa’ 4:29] The general meaning of this verse also indicates that trading is permissible if there is consent from both parties. If the purchaser agrees to pay a higher price in return for delaying payment, the transaction is valid. 3 – al-Bukhaari (2086) narrated that Ibn ‘Abbaas (may Allaah be pleased with him) said: The Prophet (peace and blessings of Allaah be upon him) came to Madeenah when they used to pay in advance the price of fruits to be delivered within two or three years. He said, “Whoever pays in advance the price of a thing to be delivered later should pay it for a specified measure at specified weight for a specified period.” Bay’ al-salam (forward buying) is permissible according to the texts and scholarly consensus, and it is akin to purchase by installments. The scholars mentioned that the wisdom behind it is that it benefits the purchaser by reducing the price and the vendor by bringing him money 35

Jurisprudence and Islamic Rulings

sooner. This indicates that something may be added to the price in return for delaying payment, and that there is nothing wrong with this when buying and selling. See alMughni, 6/385. 4 – The actions of the Muslims indicate that it is permissible to increase the price in return for delaying payment, and none of them denounced that. So it became like consensus (ijma’) that this kind of transaction is permissible. Shaykh Ibn Baaz was asked about the ruling on increasing the price in return for delaying payment, He said: There is nothing wrong with this transaction because paying cash for the product is different from delaying payment. The Muslims are still doing such transactions and this is like consensus that it is permissible. Some scholars held an odd opinion and said that it is not permissible to increase the price in return for delaying payment, and they thought that this was a kind of riba, but this is a baseless view. It is not a kind of riba at all, because when the dealer sells the product to be paid for later, he agrees to the delay so that he may benefit from the increase in price, and the purchaser agrees to the increase so that he may take his time and because he is unable to pay the price in cash on the spot. So both of them benefit from this transaction. There is a proven report from the Prophet (peace and blessings of Allaah be upon him) which indicates that this is permissible; he commanded ‘Abd-Allaah ibn ‘Amr ibn al-‘Aas (may Allaah be pleased with him) to equip an army and he was buying one camel for two camels, to be handed over at a later date. Moreover this transaction comes under the general meaning of the verse in which Allaah says (interpretation of the meaning): “O you who believe! When you contract a debt for a fixed 36

Transactions - Part 6

period, write [al-Baqarah 2:282]

it

down”

This transaction is one of the permissible kinds of debt that are mentioned in this verse; it is also akin to forward buying (bay’ al-salam). Fataawa Islamiyyah, 2/331 See Bay’ al-Tasqeet by Dr. Rafeeq Yoonus al-Masri And Allaah knows best. Islam Q&A (www.islam-qa.com) 9386: If an agent sells a product for more than the price stipulated, who does the extra money belong to? Question: I am working on a company that sells products. Salem Manager told me that I can sell a product with a cost of SR 1,000. Although I am not working in Sales Department. I was able to locate customers who can pay more than that price,i.e SR1,500. Is it Ok to sell it with 1,500 and give the company 1000 and leave the rest for me?. Answer: Praise be to Allaah. If the company has stipulated the price and said that you should not sell it for more than that, then it is not permissible for you to sell it for more than the stipulated price. However, if the company has stipulated the price 37

Jurisprudence and Islamic Rulings

but has not said that you should not sell it for more than that, then it is permissible for you to sell it for more. In either case, the extra money belongs to the company and it is not permissible for you to take it. That is because the agent should work for the interests of his employer, not for his own interests. The evidence for that is the report narrated by al-Bukhaari (3643) from ‘Urwah, that the Prophet (peace and blessings of Allaah be upon him) gave hima dinar to buy a sheep for him. He bought two sheep and sold one for a dinar, and brought him a sheep and a dinar. The Prophet (peace and blessings of Allaah be upon him) prayed that he would be blessed in his transactions and that even if he bought dust he would profit from it. ‘Urwah was acting as the agent of the Prophet (peace and blessings of Allaah be upon him) in this purchase, and he was able to make a profit in his buying and selling. This profit belonged to the Prophet (peace and blessings of Allaah be upon him), because if it had belonged to ‘Urwah, the Prophet (peace and blessings of Allaah be upon him) would not have taken it. Ibn ‘Abd al-Barr said: There is no dispute among the scholars that it is permissible to act as an agent. But the scholars differed concerning the meaning of this hadeeth and whether, if the agent buys more than he was told to, that transaction is binding upon his employer. For example, if a man says to another, Buy me a pound of meat with this dirham, and describes what kind of meat it should be, and he buys four pounds of that kind of meat with that dirham. The opinion of Maalik and his companions is that he has to accept this transaction, if the meat is of the kind stipulated but is of a larger amount because he has done well. This 38

Transactions - Part 6

hadeeth supports this view, and it is a jayyid hadeeth. It proves that the two sheep belonged to the Prophet (peace and blessings of Allaah be upon him), otherwise he could not have accepted the dinar or approved of this transaction. Al-Tamheed, 2/108 The Standing Committee was asked about this matter and they said: It is permissible to sell a product for more than its price if that is possible, but the extra money belongs to the owner of the product. But if the owner stipulated that it was not to be sold for a higher price, then it should be sold for the price stipulated by the owner. Fataawa al-Lajnah al-Daa’imah, 13/96 But if the company stipulated the price to you, and agreed with you that if you sold it for more then the extra money would be yours, it is permissible for you to sell it for more and the extra money is yours. Ibn Qudaamah (may Allaah have mercy on him) said in al-Mughni (7/361): If he said, Sell this garment for ten and anything extra is yours, then that is valid and he is entitled to the extra money… Ibn ‘Abbaas did not see anything wrong with that. And Allaah knows best. Islam Q&A (www.islamqa.com) 9668: Being tolerant of sinner’s sins Question: My family always wanted to open a business and specifically a restaurant business. Based on the prophet(PBUH) hadith that Commerce is better than 39

Jurisprudence and Islamic Rulings

salary. The problem for a restaurant to be successfull Alcohool need to be served since it is the major driver(bring customers). We avoided this Business because we know that this would be Haram and without alcohool it wouldn’t work. A friend advised us with a new formula where the customer brings their own wine. We don’t have to Buy it nor serve it nor sell it. I know this is a border line What is your view of this dilema?. Answer: Praise be to Allaah. Firstly: There is no such thing in the hadeeth of the Prophet (peace and blessings of Allaah be upon him) as that which the questioner mentions, “Commerce is better than a salary.” The closest thing is the hadeeth, “Nine-tenths of provision is in trade,” which is a da’eef (weak) hadeeth that was classed as such by al-Albaani in Da’eef al-Jaami’, 2434. Secondly: What one of your friends has suggested to you, that the customers bring their own wine with them to your restaurant, is false according to sharee’ah. It is bad advice, whether it is intended to cause you harm or it comes from one who is ignorant and does not know the ruling of Allaah. That is because you will be answerable to Allaah about your restaurant, and it is not permissible for you to allow sin to be committed in it. Drinking alcohol is haraam and no Muslim doubts that. It is a great evil, so how are you going to deal with this evil? The Prophet (peace and blessings of Allaah be upon him) said: “Whoever among you sees an evil action, let him change it with his hand 40

Transactions - Part 6

(by taking action); if he cannot, then with his tongue (by speaking out); and if he cannot, then with his heart (by hating it and feeling that it is wrong).” (Narrated by Muslim, 49). Have you tried to change this evil by taking action, or by speaking out? There is another issue. It was narrated that Jaabir said: The Prophet (peace and blessings of Allaah be upon him) said: “Whoever believes in Allaah and the Last Day, let him not sit at a table at which alcohol is passed round.” (Narrated by al-Tirmidhi, 2801. This hadeeth has corroborating reports which render it saheeh. It was classed as saheeh by al-Haafiz ibn Hajar in Fath al-Baari, 9/250). Do not forget that this table belongs to you and is in your place. What is meant is not only sitting. Even if you are in the same place or the same restaurant, you are sharing with them in the sin, so how about if the place is your place? Allaah says (interpretation of the meaning): “And it has already been revealed to you in the Book (this Qur’aan) that when you hear the Verses of Allaah being denied and mocked at, then sit not with them, until they engage in a talk other than that; (but if you stayed with them) certainly in that case you would be like them” [al-Nisa’ 4:140] Ibn Katheer said: This means, if you commit the forbidden action after you have heard that it is forbidden, and you agree to sit with them in the place in which they are 41

Jurisprudence and Islamic Rulings

denying the Verses of Allaah and mocking them, and you approve of that, then you are joining with them in what they are doing. Hence Allaah says, “you would be like them” in sin, as it says in the hadeeth, “Whoever believes in Allaah and the Last Day, let him not sit at a table at which alcohol is passed round.” (Tafseer Ibn Katheer, 1/567, 568) And there is another issue: What if a person were to say that he wants to open a hotel in order to make money, and someone were to advise him to let anyone bring a woman there to sleep with her, because this will attract customers! Would you agree with this advice? The answer is, No, definitely not. The same applies to the one who told you that if you want to make money you have to let the customers bring their own wine with them. There is no difference. In both cases, you would not be offering wine or women, but you would be allowing people to commit haraam actions in front of your eyes in your place. Based on that, it is haraam for you to allow anyone to bring something that Allaah has forbidden and drink it in your restaurant. Allaah says (interpretation of the meaning): “And whosoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (from every difficulty). And He will provide him from (sources) he never could imagine” [al-Talaaq 65:2-3] So you should not be deceived by what people say when 42

Transactions - Part 6

they tell you that you will not make any money unless you allow people to bring these haraam things into your restaurant. These people are not offering you sincere advice, or they want to offer advice but they are going about it the wrong way. And Allaah knows best. Islam Q&A (www.islam-qa.com) 6699: What is the ruling on buying from the kuffaar when there are Muslims around? Question: What is the ruling on Muslims who do not cooperate with one another because they do not want to buy from Muslims and they prefer to buy from the kuffaar’s stores? Is this halaal or haraam? Answer: Praise be to Allaah. The basic principle is that it is permissible for a Muslim to buy what he needs of that which Allaah has permitted from a Muslim or from a kaafir. The Prophet (peace and blessings of Allaah be upon him) bought from Jews. But when a Muslim chooses not to buy from his Muslim brother for no reason, i.e., he has not been cheated or deceived, and the goods are not of poor quality, and he simply prefers to buy from a kaafir rather than from a Muslim with no justification – this is haraam, because it weakens the trade of the Muslims and makes them lose 43

Jurisprudence and Islamic Rulings

sales if this becomes a habit among the Muslim (consumers). But if he does not buy from him for a reason such as those mentioned above, then he should advise his Muslim brother to give up the bad things he is doing. If he accepts the advice, then praise be to Allaah, otherwise he should leave him alone and go to someone else, even if he is a kaafir, if he is honest and the transactions are to the mutual benefit of both parties. From Fataawaa al-Lajnah al-Daa’imah, 13/18 (www.islam-qa.com) 13960: What is the fee when a sale is made? Question: There is a great deal of debate concerning the fee which an agent may take, whether it should be 2.5 per cent or 5 per cent. What is the fee according to sharee’ah, or should it be according to the agreement between the seller and the agent? Answer: Praise be to Allaah. If there is an agreement between the seller and purchaser that a certain amount should be taken from the seller, the purchaser or both, then that is permissible. There is no set rate for the fee, rather whatever is agreed upon with the one who is to pay the fee is permissible. But it should be within the limits of whatever is customary among the people so that the agent will be paid in return for his efforts in negotiating and completing the transaction between the seller and purchaser, and it should not adversely affect 44

Transactions - Part 6

either the seller or purchaser by charging more than is usual. Fataawa al-Lajnah al-Daa’imah li’l-Buhooth al‘Ilmiyyah wa’l-Ifta, part 13, p. 130 (www.islam-qa.com) 10676: Ruling on one who sells a product to a person who is buying it with an interest-based loan Question: brother if a person is building houses as his job using halal money and sells them to people who are buying them in ribaa, does this person fall into sin. because living in the west it is common knowledge that most people get a loan to buy homes and cannot really afford to buy them cash. Answer: Praise be to Allaah. It is better not to get involved with these kinds of transactions, in order to be on the safe side, but the basic principle is that he has nothing to do with the riba-based transaction and he is not a party to it, because the party which is consuming riba is the bank and the one who is paying it is the purchaser of the house. Shaykh Ibn Jibreen (www.islam-qa.com) 21218: Is it permissible to buy a company on condition that one pay off its debts? Question: Is it permissible to buy a company that owes money, on condition that the purchaser take on these debts? 45

Jurisprudence and Islamic Rulings

Answer: Praise be to Allaah. That is permissible if he takes on the debts in return for taking possession of that company, whether he pays a sum of money to its owner or he takes possession in return for taking on the debts only, such as saying, “I will buy this company for 500,000 and pay 300,000 to you in cash and take on 200,000 that the company owes to people. Shaykh Ibn Jibreen. (www.islam-qa.com) 26217: Selling government airline tickets if one travels by land Question: Is it permissible to sell government airline tickets that were given to me, because I traveled by land? Answer: Praise be to Allaah. There is there is nothing wrong with selling the tickets if you have no need of them, unless your traveling by land will cause some delay in your work. In that case it would only be permissible for you to travel by the means approved, i.e., by air. Shaykh ‘Abd al-Kareem al-Khudayr. (www.islam-qa.com) 22443: Dealing in birds Question: My younger brother deals in birds – is this permissible or not? 46

Transactions - Part 6

Answer: Praise be to Allaah. It is permissible to sell birds because that comes under the general heading of the permissible nature of buying and selling. From Fataawa al-Lajnah al-Daa’imah, 13/34. (www.islam-qa.com) 22396: Ruling on telling people a price other than the price he really paid Question: A person says, “This item cost me such and such,” when in fact it cost him less than that. Rather he wants to increase his profits. There are some who swear by Allaah that this is the price they paid. What is the ruling on that? Answer: Praise be to Allaah. If a person buys a product and offers it for sale, and says, “It cost me such and such” but he is lying by saying that he paid more for it than he really did, then he is doing something that is haraam and is committing a sin. He risks losing the barakah (blessing) of his sale. If he swears by Allaah to that effect, then his sin is even greater and the punishment will be more severe. He is included in the warning mentioned in the hadeeth narrated by Muslim in his Saheeh from Abu Dharr (may Allaah be pleased with him), in which it says that the Prophet (peace and 47

Jurisprudence and Islamic Rulings

blessings of Allaah be upon him) said: “There are three whom Allaah will not look at on the Day of Resurrection, nor will He purify them, and theirs will be a painful torment.” We said, “Who are they, O Messenger of Allaah? For they have indeed failed and are losers.” He said, “The one who reminds others of his favours, the one who lets his lower garment hang below his ankles, and the one who sells his product by swearing false oaths.” (alTirmidhi said, this is a saheeh hasan hadeeth). According to another report, “by evil oaths.” And al-Bukhaari, Muslim and others narrated that Abu Hurayrah (may Allaah be pleased with him) said: “I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say: ‘Swearing an oath may sell a product but it destroys the barakah.” Al-Bukhaari narrated in his Saheeh (vol 4, p. 316) from ‘Abd-Allaah ibn Abi Awfa (may Allaah be pleased with him) that a man offered him an item for sale in the market and he swore falsely by Allaah that someone else had already made him an offer in order to get a Muslim to buy it. Then the aayah was revealed (interpretation of the meaning): “Verily, those who purchase a small gain at the cost of Allaah’s Covenant and their oaths, they shall have no portion in the Hereafter (Paradise). Neither will Allaah speak to them nor look at them on the Day of Resurrection nor will He purify them, and they shall have a painful torment” [Aal ‘Imraan 3:77] Al-Bukhaari and Muslim narrated in their Saheehs that Abu Hurayrah (may Allaah be pleased with him) said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “There are three whom Allaah will not look at and will not purify, and theirs will be a painful 48

Transactions - Part 6

torment: a man who has extra water but he withholds it from the wayfarer; a man who gives allegiance (bay’ah) to another man (according to one report, to a leader) but he only did so for the purpose of worldly gains, so if he gets what he wants he is loyal to him, otherwise he betrays him; and a man who bargains with another man concerning some product after the time of ‘Asr and he swears (falsely) to him that he has already been offered such and such, and he sells it.” (al-Bukhaari, 124, 160, 376; Muslim, 1/103, no. 108). From Fataawa al-Lajnah al-Daa’imah, vol 13/10. (www.islam-qa.com) 12946: Father selling some of his property to one of his sons Question: Is it permissible for a man to sell some of his property to one of his sons, noting that some of them are able to buy while others do not have anything and are unable to buy? Answer: Praise be to Allaah. It is permissible for a man to sell some of his property to one of his sons, if he is able to buy it, and to deal with him as he would deal with a stranger. But he should not show any bias towards him in a manner that implies he is favouring him over his brothers. From Fataawa al-Lajnah al-Daa’imah, 13/15 .(www.islam-qa.com) 49

Jurisprudence and Islamic Rulings

22085: When buying a certain number they give a free service Question: What is the ruling on some stores, such as gas stations and laundries, giving their customers cards which the customer collects, then when he reaches a certain number they will do some service for him for free? Answer: Praise be to Allaah. With regard to what some gas stations and stores do, giving their customers gifts such as handkerchiefs or cards to collect for a car-wash or oil-change, or paying a certain amount up front for a discount on each wash, or paying some amount in advance – I do not think that there is any reason not to allow such dealings, because that is like a person giving up some of what belongs to him. I mean the owner of the gas station, laundry or store. It is not like gambling because the person who engages in these three transactions does not lose anything. What he pays is in return for something and any rewards or gifts that he gets are like incentives to do business. Al-Da’wah magazine, issue no. 1796, p. 19 (www.islamqa.com) 12638: Ruling on selling an item on credit for a higher price than if it is paid for immediately Question: If one sells an item at Rs.10 against cash payment, can he 50

Transactions - Part 6

demand a higher price from a a buyer who wants to buy on 30 days credit. IN other words: If an item is sold for Rs. 10 against cash payment, can the seller demand Rs, 11 for the same item from a buyer who wants to buy against 30 days credit. This question needs clarification in the light of Riba . Answer: Praise be to Allaah. It is permissible to sell an item on credit for a higher price than if it is paid for immediately, whether the payment is to be made in installments or in one payment at the later date. But this is conditional upon the two parties not separating until they have agreed how the transaction is to be done, whether it is to be paid immediately or deferred. In this case the additional amount is not riba, and there is nothing in sharee’ah to specify the amount of the extra payment in the case of deferred payment. But the Messenger of Allaah (peace and blessings of Allaah be upon him) encouraged tolerance in matters of selling, buying, paying off debts and asking others to pay debts. Fataawa al-Lajnah al-Daa’imah Islaamiyyah, part 2, p. 335

See Fataawa

But if he sells it for ten, for example, then the purchaser subsequently wants to delay payment, it is not permissible for the vendor to add anything to that. If he adds something in return for extending the time period, this is riba and is haraam and a major sin. We ask Allaah to keep us safe and sound. See also the answer to question no. 1231. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 51

Jurisprudence and Islamic Rulings

6194: Is it permissible to sell to drunken customers? Question: My father has grocery shop and sometimes we have drunken customers that come in. I would like to know if it is permissable to deal with such customers and if by doing so it breaks wuduu as some of them smell strongly of alcohol or have cans of beer in their hand which they are drinking. Answer: Praise be to Allaah. We put the following question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen: A shopkeeper doing business in the West has Christians who come in, drunk or staggering, to buy things that are permissible. Is it permissible for him to sell to them? He replied, may Allaah preserve him: Yes, so long as they are Christian. Question: Why? Answer: It is permissible because the Christians believe that it is permissible to drink alcohol. Question: The question in our minds is that one of the two parties [engaged in the transaction] is not in his right mind. 52

Transactions - Part 6

Answer: Does he not know how to make a purchase? Question: There are different types of drunkenness: a person may or may not be aware that he is buying something. Answer: If they are in such a state that they do not know (what they are doing), then it is not permissible to deal with them. Question: But if he is drunk and does know what he is doing? Answer: Then there is nothing wrong with it, as it says in the aayah (interpretation of the meaning): “Approach not As-Salaah (the prayer) when you are in a drunken state until you know (the meaning) of what you utter” [al-Nisaa’ 4:43] And Allaah knows best. Shaykh Muhammad ibn Saalih al-‘Uthaymeen (www.islam-qa.com) 9499: Giving up one’s telephone line in return for having the bill paid Question: Is it permissible for a person to give up his telephone 53

Jurisprudence and Islamic Rulings

number in return for the person to whom he gives it up paying his bill, the amount of which is already known? Answer: Praise be to Allaah. I put this question to my shaykh, Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him), who replied as follows: I do not see any reason why not. Giving up something is more general than selling. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 10031: Selling at more than 10% profit Question: Is it permissible for a trader to earn more than 10% profit on goods? Answer: Praise be to Allaah. The earnings a trader may make are not limited by sharee’ah, but it is not permissible for a Muslim to cheat those who buy from him and to sell his goods at a price that differs from the going rate in the marketplace. Islam teaches Muslims not to seek a huge profit, but to be easygoing when buying and selling, because the Prophet (peace and blessings of Allaah be upon him) urged an easygoing and tolerant attitude in dealings with others. 54

Transactions - Part 6

Fataawaa al-Lajnah al-Daa’imah, 13/92 (www.islam-qa.com) 8507: Buying with funds from a savings scheme when he is one of the members of the scheme Question: We have a fund whereby each member gives an initial payment (500 riyaals) then makes monthly payments (100 riyaals). After a while, the fund grew and the people who were in charge of it were able to buy cars with cash and sell them by monthly instalments for a higher price. Some of the members of the savings scheme and other people bought the cars. The first question is: what is the ruling on people who bought these cars in the manner described above, who were also members of the savings scheme? The second question is: what is the ruling on a person who bought a car in the manner described above, who was a member of the savings scheme but was unaware (of the connection between the scheme and these cars)? If the answer is that it is not permissible, whether he has paid in full or is still paying? Answer: Praise be to Allaah. If this is based on the condition that one of the partners in this scheme can buy one of the group’s cars, then this is not permissible, because this comes under the heading of “two transactions in one”, since it involves partnership (being a partner in the scheme) and purchasing (buying 55

Jurisprudence and Islamic Rulings

the car). But if this is not a condition that was previously laid down, then there is nothing wrong with it. And Allaah is the source of strength. May Allaah bless our Prophet Muhammad and his family and companions, and grant them peace. Standing Committee on Academic Research and Issuing Fatwas, 13/309 (www.islam-qa.com) 5375: Selling products to children for more than the wholesale price Question: Can a Muslim sell products that he has purchased wholesale having a price ready-printed on them (e.g. canned drinks on special offers) at a higher price to others, in particular to Muslim children? Answer: Praise be to Allaah. There is nothing wrong with increasing the price, because this is what trading and business are based on. But there exists the condition that this should not involve lying, cheating or hoarding something that people need, such as food staples, etc. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 56

Transactions - Part 6

10203: What is the ruling on selling women’s products? Question: I have an establishment in which I sell perfumes, watches, make-up, creams, hair-dryers and ready-made women’s clothes which are long and not revealing. My question is: are any of these items haraam and should I stop selling them, or can I carry on with my business? Answer: Praise be to Allaah. With regard to selling the things you mention, there is nothing to indicate that they are haraam, so long as that does not lead to any haraam actions such as flirting or joking with women and so on. From Fataawaa al-Lajnah al-Daa’imah, 13/33 (www.islam-qa.com) 3223: Selling discount coupons for gas Question: We are offering a program to sell fuel to people, the details of which are as follows: pay 200 riyaals and get coupons for gas worth 210 riyaals plus a free car wash, knowing that the amount of 200 riyaals is being paid in advance when you buy the gas coupons. Is this offer halaal or haraam? Answer: Praise be to Allaah. 57

Jurisprudence and Islamic Rulings

If the matter is as described, it is permissible to sell the coupons for gas plus a car wash for the amount stated, because the sale is in fact for the amount of gas described plus the car wash, and there is no deception, ribaa or jahaalah (purchase of unknown product) involved. From Fataawaa al-Lajnah al-Daa’imah, 13/34 (www.islam-qa.com) 3138: Father selling some of his possessions to one of his sons Question: Is it permissible for a man to sell something that he owns to one of his sons, knowing that some of them are able to make the purchase whilst others do not have anything and cannot make the purchase? Answer: Praise be to Allaah. It is permissible for a man to sell some of his property to one of his sons, if he (the son) is able to make the purchase, and he should deal with him as he would deal with a stranger. He should not give him any preferential treatment that would indicate that he favours him over his siblings. From Fataawaa al-Lajnah al-Daa’imah, part 13/15 (www.islam-qa.com) 3003: Ruling on selling razors Question: My father sends me boxes of razors to sell. Given that 58

Transactions - Part 6

these razors are usually used for shaving beards, and rarely for shaving moustaches and pubic hairs, and for this reason I feel doubtful, is it halaal or haraam, i.e., should I sell them or not? Answer: Praise be to Allaah. It is not haraam for you to sell them and benefit from their price, but they are haraam for the one who intends to use them for a haraam purpose. From Fataawaa al-Lajnah al-Daa’imah, 13/30 (www.islam-qa.com) 3066: What should be done with samples left over from quality-control testing? Question: Various samples of cheeses, juices, nuts, meats, perfumes, dairy products etc. come to our laboratory. In some cases the samples are more than is required for testing. For example, a carton of juice holds 30 boxes, and the tests require only 5 boxes. There are many similar examples. Is it permissible for the lab technicians to take them or give them to some deserving people? Knowing that leaving them until all the lab and customs procedures are completed would mean that they may go off and have to be thrown out, and, moreover, many of the traders never come and ask about the rest of their samples. Answer: Praise be to Allaah. 59

Jurisprudence and Islamic Rulings

Firstly: those who are responsible for requesting samples for quality-control testing must ask for the amount that is usually sufficient for testing, and not ask for or accept more than what is needed. Secondly: in cases where only some of the amount given is sufficient, whatever is left over must be handed back to its owner. His address should be written down on the sample, and an appointment should be made to give back whatever is left over from the tests. A name of a contact person and an address should also be obtained, so that the goods may be returned. Thirdly: in the event that the owner of the goods or his representative does not keep the appointment, and there is the fear that the samples may go off, then they may be sold and the money raised should be given to Bayt almaal al-Muslimeen (the treasury of the Islamic state). If they cannot be sold, they should be given away to the people who are usually taken care of by the bayt al-maal. See Fataawaa al-Lajnah al-Daa’imah, 13/22 (www.islamqa.com) 7294: Does Islam permit bidding in auctions? Question: I am working for an Internet Auction company. I want to know if Islam permits bidding in auctions. Answer: Praise be to Allaah. Firstly: 60

Transactions - Part 6

Islam permits selling by auctions and does not forbid it, according to the most correct and well-known opinion of the scholars. This is based on the following evidence: Jaabir said: A man had decided that a slave of his would be manumitted after his death, but later on he was in need of money, so the Prophet (peace and blessings of Allaah be upon him) took the slave and said, “Who will buy this slave from me?” Nu’aym ibn ‘Abd-Allaah bought him, and he (the Prophet (peace and blessings of Allaah be upon him) handed the slave over to him. (Narrated by al-Bukhaari, 2034; Muslim, 997). AlBukhaari included this hadeeth in a chapter titled “Baab bay’ al-Muzaayadah (Chapter: selling by auction).” Ibn Hajar said: Ibn Battaal replied that the words of the Prophet (peace and blessings of Allaah be upon him) in this hadeeth, “Who will buy this slave from me?” indicate that he was offering him to the highest bidder so that the needs of the bankrupt man for whom he was selling him could be met. (Fath al-Baari, 4/354). 2. ‘Ataa’ said: I met some people who saw nothing wrong with selling booty to the highest bidder. (Narrated by alBukhaari in Kitaab al-Buyoo’ (the book of sales), Baab bay’ al-Muzaayadah (Chapter: selling by auction)). Secondly: Rational evidence: In an auction, the vendor offers his goods for sale, and the purchaser offers to buy them for a certain price. If the vendor does not accept that price, that is the end of the matter and there is no transaction. The he will say, “Who will offer more?” A second purchaser can then offer a higher price, and so on.

61

Jurisprudence and Islamic Rulings

In this case, each offer is a separate and independent deal, and there is nothing wrong with that. Thirdly: Some scholars, such as al-Oozaa’i and Ishaaq ibn Raahawayh, said that auctions can be used only to sell booty and inherited goods. Their evidence was the following hadeeth: “The Messenger of Allaah (peace and blessings of Allaah be upon him) forbade anyone of you from seeking to outbid one another, except in the case of booty and inherited goods.” (Narrated by Ahmad, 5398; al-Daaraqutni, 3/11; alBayhaqi, 5/344; al-Tabaraani in al-Awsat, 8/198). The response to the view is: The hadeeth is weak, because it includes ‘Abd-Allaah ibn Lahee’ah. The hadeeth of Jaabir is general, and the ruling remains general in application. Hence Imaam al-Tirmidhi said: On the basis of the hadeeth of Jaabir, some scholars did not see anything wrong with selling booty or inherited goods to the highest bidder. Ibn al-‘Arabi (may Allaah have mercy on him) said: There is no point on restricting auctions only to these two kinds of goods. There is no difference between these goods and others; they are all the same. (See Fath al-Baari, 4/354). Fourthly: 62

Transactions - Part 6

Some scholars, including Ibraaheem al-Nakha’i, regarded this kind of sale as makrooh. Their evidence was the hadeeth of Sufyaan ibn Wahb: “I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) forbid selling by auction.” Response: The hadeeth was narrated by al-Bazzaar, but it is weak, because it includes Ibn Lahee’ah. (See Fath al-Baari, 4/ 354). It is contradicted by reports which are more sound, as we have stated above. Fifthly: There is no contradiction between auctions and a man outbidding his brother, which is forbidden according to the hadeeth of Abu Hurayrah: “The Messenger of Allaah (peace and blessings of Allaah be upon him) forbade a city-dweller to sell to a Bedouin, and he forbade us to inflate prices artificially and to outbid one another.” (Narrated by al-Bukhaari, 2033; Muslim, 1413). What is meant by this hadeeth is when the vendor and purchaser have come to an agreement and are bargaining over the price, and a third party comes and tempts the purchaser to cancel the transaction. But this does not apply to auctions, because in an auction it is the vendor who cancels the transaction by asking who will offer more; the people who are present at an auction are already involved, and everyone is aware that anyone may increase the price. Sixthly: The warning against engaging in najsh (artificially 63

Jurisprudence and Islamic Rulings

inflating prices with a fraudulent intention). In Arabic the word najsh means provoking, and is also used to refer to the action of prodding a bird to enter a trap. It refers to pushing the purchaser to fall into the vendor’s trap so that he buys at an inflated price. This is achieved by having another man attend the auction and make bids without wanting to buy, in order to raise the price. Whether this is done by agreement with the vendor or not, it is prohibited by the hadeeth, “The Messenger of Allaah (peace and blessings of Allaah be upon him) forbade artificial inflation of prices.” (Narrated by al-Bukhaari, 2035; Muslim, 1516). In conclusion: auctions are one of the types of sale that are permitted according to Islamic sharee’ah. This is also the consensus of the Muslims in their marketplaces. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 8938: Discount on cost of laundry if one pays in advance Question: Some laundry services tell people, buy a voucher for seventy riyaals – for example – and we will do laundry for you worth one hundred riyaals. If the customers do not buy this voucher, they will pay one hundred riyaals for one hundred riyaals’ worth of laundry; if they buy it for seventy riyaals, it will entitle them to have one hundred riyaals’ worth of laundry washed. So this voucher is a kind of discount. Is it permissible to buy it from them and use it for one’s laundry? Answer: Praise be to Allaah. 64

Transactions - Part 6

We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who answered as follows: Yes, it is permissible, because they are saying, if you buy the voucher in advance, we will wash your garment for seventy riyaals, otherwise it will cost you one hundred. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 6572: Buying products from kaafir countries Question: ma hoqum buying and selling american products Hi-Tech ones like IBM, DELL, Microsoft Answer: Praise be to Allaah. There is no reason why one should not buy American products, like any other products which come to the Muslim countries from the kaafir countries, or deal with the kuffaar for trading purposes, so long as this does not involve anything that goes against sharee’ah; so long as there is no similar product available from Muslim countries which would rule out the need for the kaafirs’ products; and so long as buying their products will not give them more strength against the Muslims. And Allaah knows best. Written by Al-Khudayr. (www.islam-qa.com) 65

Jurisprudence and Islamic Rulings

7842: Ruling on sales or offering discounts Question: Some stores hold sales or offer discounts as a kind of promotion to attract customers. Is it permissible for me, as a storekeeper, to do this? What is the ruling on buying from stores during their sales? Answer: Praise be to Allaah. Most of the scholars say that it is permissible to sell goods and services for less than the going rate. This is the view of the Hanafi madhhab, Ibn Rushd among the Maalikis, the Shaafa’is and Hanbalis, and of Ibn Hazam among the Zaahiris. The evidence for this opinion is: Firstly: that the Prophet (peace and blessings of Allaah be upon him) counted interference with the setting of prices to be a form of oppression (zulm) which should be stopped. He (peace and blessings of Allaah be upon him) said: “Allaah is the One Who withholds, bestows and sets values. I hope that I will not meet Allaah with anyone demanding restitution from me for any wrongdoing I may have done to him with regard to his blood or his wealth.” (Narrated by Imaam Ahmad in al-Musnad, 3/165, 286; al-Tirmidhi, Kitaab al-Buyoo’, no. 1314, 3/597; Ibn Maajah, no. 2200, 2/741. All of them narrated from the hadeeth of Anas, may Allaah be pleased with him). Secondly: sharee’ah encourages people to be easygoing 66

Transactions - Part 6

when buying and selling, and in all transactions. The Prophet (peace and blessings of Allaah be upon him) said: “May Allaah have mercy on a man who is easygoing when he buys, when he sells and when he asks for payment.” (Narrated by al-Bukhaari, no. 2076, 2/81, from the hadeeth of Jaabir ibn ‘Abd-Allaah, may Allaah be pleased with them both). Undoubtedly selling something for less than the going rate is included in this. Ibn Rushd said, concerning a person who sells something more cheaply that others in the marketplace: “He will be thanked for that if he does it for the sake of people, and he will be rewarded for it if he does it for the sake of Allaah.” (al-Bayaan wa’l-Tahseel, 9/306) Thirdly: the price of goods and services belongs by right to their owners, and nobody has the right to dictate to them concerning that or to force their opinions concerning their value. (See Tabayyun al-Haqaa’iq, 6/28; al-Mughni, 6/312) Some scholars said that it is not permissible to sell goods and services for less than the going rate. This is the view of the Maalikis. The more correct view is that it is permissible to sell things for less than the going rate, because of the strength of the evidence that this is so, and because sales and other transactions (barter) are based on the mutual consent of the parties involved, as Allaah says (interpretation of the meaning): “except it be a trade amongst you, by mutual consent” [al-Nisaa’ 4:29]. If the vendor agrees to sell his goods or services for a price less than the prevailing market rate, there is no reason 67

Jurisprudence and Islamic Rulings

why he should be prevented from doing so, as the general guideline is that sales are basically permissible. Allaah says (interpretation of the meaning): “Allaah has permitted trading” [al-Baqarah 2:275] So no sales should be prevented unless it is on the grounds of reliable evidence. But if the Muslim leader thinks that the interests of the people can only be served by preventing sales at less than the going rate, because leaving things as they are may cause corruption, then it is permissible (to put a stop to these sales), and there is nothing wrong with doing so, because the aim is to put things right for people. If the only way to do this is to put a stop to sales at less than the going price, then this is permissible and may indeed be obligatory. And Allaah knows best. From: Al-Hawaafiz al-Tijaariyyah al-Tasweeqiyyah by Khaalid ibn ‘Abd-Allaah al-Muslih, p. 171 (www.islamqa.com) 7224: Muslim renting his house to a non-Muslim Question: What is the ruling on a Muslim renting an apartment or house that he owns to a kaafir, knowing that this kaafir will most likely drink alcohol in the house, or eat pork, or observe some kaafir religious practices? Answer: Praise be to Allaah. Imaam al-Sarkhasi (may Allâh have mercy on him) said: there is nothing wrong with a Muslim renting his house 68

Transactions - Part 6

to a Dhimmi (Jew or Christian living under Islamic law) to live in. If he drinks wine there or worships the cross, or brings pork into the house, there is no sin on the Muslim for that because he did not rent the house to him for that purpose. The sin is on the renter who does that, as he does it without any intention on the part of the landlord, so there is no sin on the landlord. (Al-Mabsoot, 16/39). Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 1847: Paying in installments Question: What is the ruling on paying in installments, and what is the shara’i solution in dealing with late payments on the part of some purchasers? Answer: Praise be to Allaah. It is permissible to charge more for purchases by installment than when a person is paying in full at the time of purchase. It is also permissible to name one price for cash sales, and another for payment by installments made within certain periods. The sale is not valid unless both parties are certain about either cash or installments. If there is some indecision with regard to cash or installments, and the two parties fail to reach an agreement on one specific price, then the sale is not permissible according to sharee’ah. According to sharee’ah, it is not permissible in the case 69

Jurisprudence and Islamic Rulings

of payment by installments, to state interest rates as a separate item based on the length of time taken to repay, regardless of whether the two parties agree on the rate of interest or it is based on the current rate. If the purchaser is late in paying the installments, it is not permissible to make him pay extra, whether or not this is arranged as a prior condition, because this is a form of forbidden ribaa. It is forbidden for a debtor who can afford the installments to delay payment when they are due. At the same time, according to sharee’ah it is not permissible to set a condition that he should pay compensation in the event of late payments. According to sharee’ah, it is permissible to set a condition that the debtor has to bring forward the payment, if he delays some of the payments, so long as the debtor agrees to this condition at the time when the contract is drawn up. The vendor does not have the right to keep the purchaser’s property after the item has been sold, but it is permissible for the vendor to stipulate some security as a guarantee that the purchaser will pay the installments. (Majma’ al-Fiqh al-Islami, p. 109) It is permissible according to sharee’ah to reduce the amount owing in order to expedite the settlement of the matter, whether this is done by request of the vendor or the purchaser. This is not counted as forbidden ribaa so long as it is not based on a prior agreement and so long as this agreement between the two parties is reached on a one-on-one basis, without the involvement of any third party, because in that case the rulings on the settlement of business accounts would apply. 70

Transactions - Part 6

It is permissible for the two parties to agree that all installments should be paid immediately if the debtor fails to make one payment, unless he is in difficulty and has no means of paying. If the debt becomes due because the debtor dies, becomes bankrupt or delays payment, then in any of these circumstances it is permissible to reduce the debt so that the matter may be settled quickly to the mutual satisfaction of both parties. The definition of hardship which means that the vendor should wait for payment is: that the debtor should not have more wealth or property than he needs to meet his basic requirements and pay his debt. And Allaah knows best. (Majma’ al-Fiqh al-Islami, p. 142) (www.islam-qa.com) 7836: Transferring patients to a private hospital for examinations in return for a part of the fee Question: A private hospital has said to the doctors in the government hospitals: if you transfer some patients to us for some examinations which no one else performs except us, you will have a share of the fee. Is this bribery? Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who answered 71

Jurisprudence and Islamic Rulings

that this is bribery and is a path to corruption. It could lead to these doctors deceiving the patients and lying to them, and transferring them from the government hospital, which is free, to the private hospital on the grounds that certain treatment or equipment is not available in the government hospital when in fact they are available there. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 3490: Reward for planting: who gets it and when does it end? Question: What is the ruling on one who plants something, then he dies and the plants go to his heir? Who gets the reward? If some of the fruits of these plants are taken wrongfully during the lifetime of the one who planted them, is it better for him to forgive the person who took it, or to leave it as a debt owed by that person? If his heir does not forgive that person or accept any compensation, and the debt remains until the Day of Resurrection, who will be able to demand it from him on that Day – the original planter or the heir? Answer: Praise be to Allaah. The one who planted it will have an ongoing reward from the time he planted it until the plants die. The heir will have the reward for whatever of its fruit is eaten during the time when the plants are under his care, so long as it is taken without his objection. 72

Transactions - Part 6

Whatever fruits are taken, it is better to forgive than to leave it as a debt. But if he does not forgive, then both the deceased and his heir will be rewarded for whatever is eaten, from the time the payment is due until it is finally paid. As for demanding restitution on the Day of Resurrection, priority will be given to the rights of the one from whom it was taken by force. It was said that it will be given to the final heir in the direct line of descent. This does not apply only the case of plants, but also in the case of everything that was owed and was not paid off. This ruling applies in all such cases. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 7835: Raising the price of a piece of land in return for transferring a government loan to the purchaser Question: Is it permissible to raise the price of a piece of land when selling it, in return for transferring the vendor’s right to a loan from the real-estate fund to the purchaser? (The realestate fund is a fund for interest-free loans set up by the government to help anyone who wants to build a private residence). To explain further: if the land is worth, for example, 500,000 when it is not registered with the realestate fund, then the owner goes and applies for a loan from the fund, and takes a number to wait his turn. When his turn comes, say three years later, he says to the purchaser: I will sell the land to you for 600,000 and I will give you my turn with the real-estate fund. Answer: Praise be to Allaah. 73

Jurisprudence and Islamic Rulings

We put this question to Shaykh Muhammad ibn Saalih al-Uthaymeen, may Allaah preserve him, who said: This (i.e., adding something to the price of the land) is a payment for handing over his turn with the fund. Question: Doesn’t this reward for handing over his turn involve paying for something sight unseen (majhool = unknown)? Answer: No, it is for something that is his. He may or may not get the loan, but both of them are taking the same risk, the one who is handing over his turn and the one who is taking it from him. Question: So what is the answer? Answer: The answer as it appears to me is: there is nothing wrong with it if the state (who owns the real-estate fund) allows it. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 7836: Transferring patients to a private hospital for examinations in return for a part of the fee Question: A private hospital has said to the doctors in the 74

Transactions - Part 6

government hospitals: if you transfer some patients to us for some examinations which no one else performs except us, you will have a share of the fee. Is this bribery? Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who answered that this is bribery and is a path to corruption. It could lead to these doctors deceiving the patients and lying to them, and transferring them from the government hospital, which is free, to the private hospital on the grounds that certain treatment or equipment is not available in the government hospital when in fact they are available there. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 7834: Ruling on commercial advertising Question: If I have some kind of business or goods to sell, is it permissible for me to launch a campaign to advertise these products or services? Answer: Praise be to Allaah. The idea of advertising in order to attract business is one of the modern ideas that cannot be regarded as being exempt from the general Islamic principles governing transactions. But because, in many cases, this method of 75

Jurisprudence and Islamic Rulings

attracting business has gone too far, we have to mention these general principles in detail, paying special attention to the aims of Sharee’ah and correct etiquette. This includes the following points: Firstly: the businessman must have a good intention when advertising, i.e. his intention should be to acquaint people with the advantages of his goods or services, to draw their attention to things they did not know about them, and to provide other information that they may need about them. Secondly: he must always be honest in his advertising; what he says must reflect the reality of the product or service. Honesty is an essential fundamental in all dealings, but especially in selling. The Prophet (peace and blessings of Allaah be upon him) said: “The two parties engaged in a transaction have the choice of either going ahead with the transaction or canceling it, until they part. If they are open and honest, their transaction will be blessed for them, but if they conceal things and tell lies, that will destroy the Barakah (blessing) of their transaction.” (Narrated by al-Bukhaari, no. 2079 (2/8283), and by Muslim, 1532 (3/162), from the hadeeth of Hakeem ibn Hizaam). One of the essential means of being honest is to avoid over-praising a product or service or exaggerating about it, for this could go beyond the bounds of being open and honest. The Prophet (peace and blessings of Allaah be upon him) said: “Try not to praise products to one another” (Al-Tirmidhi, no. 1268), i.e., the vendor should not praise it in order to encourage the one who hears him to buy it, so that the only reason he buys it is what the vendor says. Some of the scholars counted praise of a product for what it is as a kind of insane or senseless speech from which people should refrain. The guideline here is that the vendor should refrain from saying anything which could later result in regret on the part of the purchaser. 76

Transactions - Part 6

Thirdly: the vendor should avoid any kind of cheating and deception in his advertising; i.e., he should not make the product appear more attractive than it is, or conceal its faults, or praise it in terms of characteristics and features that it does not have. All of this is haraam, as stated above. Fourthly: a vendor’s advertising should not include any condemnation or belittling of any other person’s products or services, and it should not try to cause harm unjustly to others. The Prophet (peace and blessings of Allaah be upon him) said: “None of you truly believes until he wants for his brother what he wants for himself.” (Narrated by al-Bukhaari, no. 13 (1/2), and by Muslim, no. 45 (1/67), from the hadeeth of Anas ibn Maalik). The guideline here is that if something would cause him distress if it were done to him, he should not do it to others. The Prophet (peace and blessings of Allaah be upon him) said: “There should be no harm and no reciprocating of harm.” (Narrated by Ahmad, 5/326-327, 313), and by Ibn Maajah, no. 2340-2341, from the hadeeth of ‘Ubaadah ibn Saamit). Fifthly: the advertising should contain nothing that calls people to be extravagant or to spend too much, because these are things that are forbidden in Islam. Allaah says (interpretation of the meaning): “… and waste not by extravagance. Verily, He likes not Al-Musrifoon (those who waste by extravagance).” [alAn’aam 6:141] “But spend not wastefully (your wealth) in the manner of a spendthrift. Verily, the spendthrifts are brothers of the Shayaateen (devils)” [al-Israa’ 17:26-27] Sixthly: the advertising should contain nothing that violates the sanctity of the pure sharee’ah, such as advertising haraam things or being accompanied by things 77

Jurisprudence and Islamic Rulings

that are not allowed, such as music and singing, or showing women, and so on. Seventhly: the advertising should not be so expensive that the consumer has to pay towards the cost of the advertising. It should be brief and to the point, concisely describing the product or service without going to extremes that may cause the price to be raised. And Allaah knows best. From Al-Hawaafiz al-Tijaariyyah al-Tasweeqiyyah by Khaalid ibn ‘Abd-Allaah Al-Muslih, 209 (www.islamqa.com) 2852: Working in the laundry business Question: Dear brother, Assalamu Alaikum Wa Rahamathulla A muslim friend of mine intends to start a Laundry & Dry cleaning business. Can you please clari? Answer: Praise be to Allaah. There is nothing wrong with doing this kind of work, so long as the conditions laid down by Sharee’ah are adhered to. These include proper removal of najaasah (impurities) from the clothes, which may be done using water or by any other means (according to the most correct opinion), so that no trace of najaasah is left. And Allaah knows best. 78

Transactions - Part 6

Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 2149: Making down-payments Question: Some vendors stipulate that people who want to buy or rent a product must first pay a deposit; if the purchaser or renter later changes his mind, the vendor keeps the deposit. What is the ruling on this matter? Answer: Praise be to Allaah. The matter being discussed here is that of down-payments, which means that the purchaser pays an amount of money to the vendor in advance, and this is taken as part of the price paid for the product. If the purchaser doesn’t buy the product, the vendor keeps the deposit. It is classified under the heading of “sales and rentals”, because it is the sale of the benefits of the product. There is a hadeeth which forbids sales involving down-payments, but it is da’eef (weak). There are certain cases in which making a down-payment is not permitted, such as forward buying (bay’ al-salam) [???], and the sale of money for money, and of gold and silver, because in all these cases the whole amount must be handed over at the time of drawing up the contract. Sales on the basis of a down-payment are not permitted in these cases. Sales involving down-payments are permitted if a specific waiting-period is stipulated, and both parties agree that the down-payment will be counted as part of the price if 79

Jurisprudence and Islamic Rulings

the sale is completed, and that the vendor will keep the down-payment if the purchaser changes his mind. And Allaah knows best. See Qaraaraat Majma’ al-Fiqh al-Islami, p. 165 (www.islam-qa.com) 2143: Ruling on dealing in bonds Question: What is the ruling on dealing in bonds that produce fixed returns? Answer: Praise be to Allaah. A bond is a certificate which, according to its terms, obliges the issuer to pay the bearer the face value plus the agreed amount of interest when it reaches maturity, or to pay other benefits, such as prizes awarded by drawing lots, or payment of a fixed amount, or any discaunt. The Islamic Fiqh Council has researched the matter of dealing in bonds and issued the following statement: Bonds which represent a commitment to pay the face value plus interest, or conditional benefits, are haraam according to sharee’ah, whether one is buying, selling or handling them, because they are considered to be interest-based loans. This applies whether they are issued by private companies or by public bodies run by the state. The fact that they are forbidden is not affected by giving them other names such as “certificates”, “investment documents” or 80

Transactions - Part 6

“savings”, or calling the interest “profit”, “commission” or “returns”. Also forbidden are bonds that offer prizes, because these are loans made on the condition that the benefits or increase will go to the group loaning the money, or to one of them, who is not specified at the time of investment, in addition to the fact that this is based on the idea of gambling. Another kind of forbidden bonds, which it is haraam to buy, sell or handle, is bonds or documents based on bidding for a specific project or activity from which the owners will not benefit in any definite way, but will only receive a share of the profits according to the number of bonds or documents that they own, and they will only receive this profit if the project is actually carried out. And Allaah knows best. Majma’ al-Fiqh al-Islami, p. 126 (www.islam-qa.com) 2150: Ruling on auctions Question: What is the ruling on going to auctions where one has to pay a fee or deposit before entering? What is the ruling on the kind of auctions known nowadays where a product is sold for the highest price reached? Answer: Praise be to Allaah. 81

Jurisprudence and Islamic Rulings

Sales and purchases made at auctions are valid transactions, so long as the conditions stipulated by sharee’ah are adhered to. This is the opinion of the majority of scholars, and one of the texts which they quote as evidence is the hadeeth of Anas ibn Maalik, who said that the Messenger of Allaah (peace and blessings of Allaah be upon him) sold a rug (for spreading on the ground or putting on the back of a riding-beast) and a cup. He said, “Who will buy this rug and cup?” A man said, “I’ll take them for a dirham,” and the Prophet (peace and blessings of Allaah be upon him) said, “Who will offer more than a dirham? Who will offer more than a dirham?” Another man gave him two dirhams, and bought the goods. (Reported by al-Tirmidhi, may Allaah have mercy on, in al-Sunan, 1139; he said, “This is a hasan hadeeth which we know only from the hadeeth of alAkhdar ibn ‘Ajlaan…) The practical conclusion drawn from this by the scholars is that they see nothing wrong with selling war-booty or inherited goods to the highest bidder. This hadeeth was narrated by al-Mu’tamir ibn Sulaymaan and by more than one of the prominent people from alAkhdar ibn ‘Ajlaan. There follows a definition of this kind of sale, and some of the regulations that apply to it: The contract: an auction is a commutative contract or exchange, based on a call issued vocally or in writing to invite interested parties to take part in the auction. The contract is concluded when the seller is satisfied. The actual contract may vary according to whether it is the matter of selling or leasing, etc, and according to the nature of the auction – it may be voluntary, like the regular kind of auction held among individuals, or required by law, such as auctions ordered by a judge. Auctions 82

Transactions - Part 6

required by law may be held by public and private institutions, and government bodies, as well as individuals. Any procedures involved in the auction – such as paperwork, regulations and administrative and legal conditions – should not contradict the rules of Islamic sharee’ah. Requiring a deposit from everyone who wants to come in is permissible according to sharee’ah, but it should be returned to anyone who does not buy anything, and should be counted as part of the purchase price for those who do buy. According to sharee’ah, there is nothing wrong with charging an entry fee to cover the costs of producing booklets listing regulations, etc., so long as it is not more than the actual cost. Artificially inflating prices is haraam. This may take the following forms: a person who has no intention of buying may inflate the price to tempt the buyer to offer more a person who has no intention of buying may pretend to like the product and to know a lot about it, and may praise it highly, to tempt the buyer to offer more the vendor, his agent or the auctioneer may make false claims about how much was paid for the product, in order to mislead the one who is thinking of buying modern forms of this forbidden inflation of prices include the use of audio-visual and written means to list fine qualities that do not exist in reality, or to raise the price so as to tempt the buyer and impel him to complete the transaction 83

Jurisprudence and Islamic Rulings

And Allaah knows best. Qaraaraat Majma’ al-Fiqh al-Islami, p. 167 (www.islamqa.com)

84

Transactions - Part 6

Chapter 2 Transactions Business and Finance: Copyrights 26307: Copyright and the ruling on photocopying some parts of academic reference works Question: Is it haraam to photocopy parts of academic reference works for study purposes, knowing that the high cost of these books is the reason for photocopying? If a person copies them in order to make money, is that haraam?. Answer: Praise be to Allaah. It seems to be the case that copyright belongs to the authors and to their heirs after they die, and that there is nothing wrong with photocopying or copying it out by hand for personal use, not with the intention of selling, so long as the owner of the copyright has not expressly stated that copying for personal use is not allowed. But if it is copied for the purpose of selling it and trading in it, this is not allowed. Shaykh Bakr ibn ‘Abd-Allaah Abu Zayd said: “These clauses which protect works from tampering or interference, and protect the value of the work and the efforts of its author, are things that are regarded as essential, based on the general principles of Islam. This 85

Jurisprudence and Islamic Rulings

is indicated clearly in the texts and basic principles of sharee’ah, which you can find explained in detail in Adaab al-Mu’allifeen and Kutub al-Istilaah. Fiqh al-Nawaazil, 2/65 The Islamic Fiqh Council which was held to discuss moral rights issued the following statements: Firstly: trade names, company names, trademarks, writings and inventions are all the copyright of their owners or authors, which in modern practice have acquired monetary value. These rights are respected by sharee’ah and it is not permissible to transgress against them. Secondly: It is permissible to dispose of a trade name, company name or trademark, and to transfer any of them in return for financial compensation, provided that this is not for the purpose of deceit or fraud, given that this has become a financial right. Thirdly: the owner of these rights has the right to dispose of them and no one should transgress against them. The Scholars of the Standing Committee for Academic Research said: There is nothing wrong with recording and selling useful tapes, or copying and selling books, because that is helping to spread knowledge, unless their authors have said that this is not allowed, in which case it cannot be done without their permission. Fataawa al-Lajnah al-Daa’imah, 13/187 See also question no. 454. Islam Q&A (www.islam-qa.com)

86

Transactions - Part 6

38847: Downloading lectures from the internet and distributing them for da’wah purposes Question: What is the ruling on one who downloads some lectures from the internet then copies them and distributes them to the youth to spread da’wah and so that the benefit will reach more people? Is this regarded as a transgression against the rights of others?. Answer: Praise be to Allaah. The basic principle is that webmasters put this material on their websites for people to listen to it and benefit from it. Some provide the means of downloading and recording them, so this is regarded as permission from them to copy them. Based on this, there is nothing wrong with downloading these lectures and recording them and distributing them to the youth and others, rather this is a beneficial and righteous deed, because it is calling people to Allaah and cooperating in goodness. The Prophet (peace and blessings of Allaah be upon him) said: “Whoever calls people to right guidance will have a reward like that of those who follow him, without that detracting from their reward in the slightest. And whoever calls people to misguidance will have a burden of sin like that of those who follow him, without that detracting from their burden in the slightest.” Narrated by Muslim, 2674, from the hadeeth of Abu Hurayrah. It is not permissible to try to download lectures from sites 87

Jurisprudence and Islamic Rulings

that do not allow that, because that is transgressing against the rights of others who have written, compiled, invented etc (i.e., copyright); these are rights that are protected, as it says in the statement of the Islamic Fiqh Council issued during its fifth conference held in Kuwait, 1-6 Jumada al-Awwal 1409 AH/ 10-15 December 1988 CE: Firstly: trade names, company names, trademarks, writings and inventions are all the copyright of their owners or authors, which in modern practice have acquired monetary value. These rights are respected by sharee’ah and it is not permissible to transgress against them. Copyright of authors and inventors is protected in Islam. .... Thirdly: the owner of these rights has the right to dispose of them and no one should transgress against them. See Questions no 454 and 21927. And Allaah knows best. Islam Q&A (www.islam-qa.com) 21899: Intellectual property rights Question: What do the Muslim fuqaha’ say about intellectual property rights such as trade names, trademarks, copyright and patents? Answer: Firstly: 88

Transactions - Part 6

Trade names, trademarks, copyright and patents are all rights which belong exclusively to their owners. In modern times they have come to have a considerable financial value. These rights are recognized according to sharee’ah, and they should not be violated. Secondly: It is permissible to buy or sell a trade name or a trademark, and to transfer any of them in return for monetary compensation, so long as there is no cheating or deception. Thirdly: Copyright and patents are protected by sharee’ah. Their owners have the right to buy or sell them and nobody has the right to violate these rights. And Allaah knows best. Qaraar Majlis al-Fiqh al-Islami al-Khaamis, 1409 AH (www.islam-qa.com) 454: Copying computer programs Question: I want to know if copying software on my hard drive that I have not bought is wrong. Answer: Praise be to Allaah The Permanent Committee for Iftaa’ (Islamic Rulings), chaired by Sheikh Abdul-Aziz bin Baz, has replied to this question by ruling that it is not permissible to copy software without permission from the original author or

89

Jurisprudence and Islamic Rulings

the copyright holder based on the following three haadeeth of the Prophet (peace be upon him): (1) “Muslims are to honor their agreements (with others)”; (2) “A Muslim’s wealth is forbidden for others to use without his permission;” and, (3) “Whoever is the first to acquire a mubaah (something lawful to acquire) is entitled to keep it”. This applies to both Muslims and non-believers (who are not engaged in an act of war with Muslims) because the right of a nonbeliever is respected in the same manner as a Muslim’s right. Allah knows best. (Committee Fatwa no: 18453) Also, Sheikh Muhammad bin Salih Al-’Uthaimeen has ruled that whatever is customary among people should be the rule except when a user wants a copy for himself and the author or the copyright holder did not explicitly prohibit copying the software for private or public use. However, if the author or the copyright holder specifically stated that private and public copying of the software is prohibited, then it is not permissible to copy that software. Committee Fatwa no: 18453 Sheikh Muhammad bin Salih Al-’Uthaimeen (www.islam-qa.com)

90

Transactions - Part 6

Chapter 3 Transactions Business and Finance: Taxes 42563: Fatwa of the Standing Committee on customs Question: I read in the book al-Zawaajir ‘an Iqtiraaf al-Kabaa’ir (Deterrent to committing major sins) by Ibn Hajar alHaythami, which speaks of the ruling on mukoos (taxes, levies) and the Prophet’s prohibition thereon, that those who impose such taxes will be the most severely punished on the Day of Resurrection. The economies of many states are based on customs taxes levied on imports and exports, so traders add these taxes to the retail prices of their goods. With the money raised in this manner the state undertakes various projects to build the country’s infrastructure. I hope that you can explain the ruling on these taxes and the rulings on customs and working in customs. Is the ruling the same as that on mukoos or not?. Answer: Praise be to Allaah. Charging customs taxes on imports and exports is regarded as a kind of mukoos and the maks (sing. of mukoos) is haraam and working in this area is haraam, even if the authorities spend it on various projects to build the country’s infrastructure, because the Prophet (peace and blessings of Allaah be upon him) forbade taking the maks and spoke sternly concerning it. It was narrated from 91

Jurisprudence and Islamic Rulings

‘Abd-Allaah ibn Buraydah, from his father, in the hadeeth about the stoning of the Ghaamidi woman who gave birth as the result of zina, that the Prophet (peace and blessings of Allaah be upon him) said: “By the One in Whose hand is my soul, she has repented in such a way that if the one who collects the maks were to repent like that, he would be forgiven.” This hadeeth was narrated by Ahmad, Muslim and Abu Dawood. Ahmad, Abu Dawood and al-Haakim narrated from ‘Uqbah ibn ‘Aamir that the Prophet (peace and blessings of Allaah be upon him) said: “No one who collects the maks will enter Paradise.” Classed as saheeh by alHaakim. Al-Dhahabi said in his book al-Kabaa’ir: The one who collects the maks is included in the general meaning of the verse in which Allaah says (interpretation of the meaning): “The way (of blame) is only against those who oppress men and rebel in the earth without justification; for such there will be a painful torment” [al-Shoora 42:42] The one who collects the maks is one of the greatest helpers of the oppressors, in fact he is himself an oppressor, because he takes something to which he is not entitled. This is supported by the hadeeths of Buraydah and ‘Uqbah which are quoted above. Moreover the one who collects the maks has much in common with the bandit, who is a thief. The one who collects the maks, the one who writes it down, the one who witnesses it and the one who takes it such as a soldier or a flag bearer all share the burden of sin and are all consuming haraam wealth. End quote. 92

Transactions - Part 6

This is also consuming people’s wealth unlawfully. Allaah says (interpretation of the meaning): “And eat up not one another’s property unjustly” [al-Baqarah 2:188] And it was proven that the Prophet (peace and blessings of Allaah be upon him) said, in his khutbah in Mina on the day of Eid during the Farewell Pilgrimage: “Your blood and your wealth and your honour are sacred to you, as sacred as this day of yours in this land of yours in this months of yours.” So the Muslim must fear Allaah and give up haraam earnings, and seek halaal earnings, for there are many ways of earning a living in a halaal way, praise be to Allaah. Whoever strives to be independent of means, Allaah will make him so. Allaah says (interpretation of the meaning): “And whosoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (from every difficulty). 3. And He will provide him from (sources) he never could imagine. And whosoever puts his trust in Allaah, then He will suffice him. Verily, Allaah will accomplish his purpose. Indeed Allaah has set a measure for all things” [al-Talaaq 65:2-3] “and whosoever fears Allaah and keeps his duty to Him, He will make his matter easy for him” [al-Talaaq 65:4] And Allaah is the Source of strength, May Allaah send blessings and peace upon our Prophet Muhammad and his family and companions. From Fataawa al-Lajnah al-Daa’imah, 23/489. 93

Jurisprudence and Islamic Rulings

(www.islam-qa.com) 45713: He is exempted from paying duties; can he allow others to buy goods in his name? Question: Some brothers and I work in the diplomatic corps in a country that lets us off paying duties. Some citizens of that country come to us to buy goods for them in our name so that they can make use of that exemption and not have to pay duties, in return for paying us a sum of money. Is that permissible?. Answer: Praise be to Allaah. This question covers two topics: 1 – Customs and duties i.e., taxes that are charged on goods and products when moving them to one country to another. Taking these taxes from Muslims is expressly forbidden. This is the maks of which the Prophet (peace and blessings of Allaah be upon him) said: “The one who collects the maks will be in the Fire.” Narrated by Ahmad, 16553; classed as saheeh by al-Albaani in al-Silsilah alSaheehah, 3405. see also question no. 25758. It is prescribed to avoid paying this forbidden tax by whatever means possible so that it will not harm him or cause more damage, even if he does that by means of a trick or paying some money to avoid this injustice. If someone were to say that this comes under the heading of a person giving up his rights in return for money, that 94

Transactions - Part 6

is permissible. This is what the fuqaha’ call waiving one’s rights. The Maalikis said that it is permissible to receive payment in return for the right to pre-emption and the Hanafis allowed waiving rights to appointment to public office and forfeiting the right to custody in return for money. See al-Mawsoo’ah al-Fiqhiyyah al-Kuwaitiyyah, 4/243, 32/83. The answer is that this is not the same as that, because those who are exempted from paying duties are the members of the diplomatic corps themselves; they are not allowed to exploit this favour to make money by allowing other people to avoid paying duties. Using it to allow the goods of others to pass into the country is a kind of trickery and deceit. If this is permitted, it is only permitted in cases of necessity, not for one to make a profit from it. There follow some points of advice: 1- Those who work in the diplomatic corps should help their brothers for free, because that comes under the heading of warding off injustice from them. They must do this as much as they can. 2- If they do not want to offer this service for free, then it is not permissible for them to take more than costs of shipping the goods, accompanying them, doing the necessary paperwork, etc. We also remind them that they have to be kind to their Muslim brethren and have a good intention in doing so; their aim should not simply be to amass wealth. And Allaah is the Source of strength. Islam Q&A (www.islam-qa.com)

95

Jurisprudence and Islamic Rulings

40234: He told the students to pay money towards classroom renovations and he gives them grades accordingly Question: The teacher asked us to pay 30 riyals before the exam for renovating the classroom, and he gave extra marks for participation or extra marks in the exam if the participation mark was already complete… and he claimed that this is permissible because the extra marks were not on the exam paper, rather it was in the final total of the marks and the opportunity was available to all students. It was to be paid before the exam and whoever was not able to pay that money could have had the amount reduced and if he was not able to pay at all, he could have been let off, so he could still have the same advantage as the other students had who did pay. Is what he did correct? Please give a detailed reply, quoting evidence. Answer: Praise be to Allaah. The teacher does not have the right to take anything from the students, even if that this for the purpose of renovating the classroom, because that is not the responsibility of the students; rather it is the responsibility of the school. This money in many ways is similar to the haraam maks (customs levy or purchase tax) – see question no. 39461 concerning the prohibition of the maks. Marks for participation are only given to students for their efforts and hard work in their studies, not for giving money to the teacher! The same applies to grades in the test, they should be based on what the student has written on 96

Transactions - Part 6

his test paper, and have nothing to do with renovation or adornment of the classroom. If the teacher gives marks to students in return for them giving him money, this goes against the education system and is also wronging people with regard to their wealth, and exposing the poorer students to embarrassment when they have to tell him that they cannot pay all or some of the money. The teacher has to fear Allaah and give each student the grades that he deserves according to the education system that is in place. He should not ask the students for money, no matter how little. The teacher should encourage the students to donate money for repairs to the classroom, or for any other charitable cause. That comes under the heading of cooperating in righteousness and piety. It also makes the students get used to spending money on charitable causes. But that should have nothing to do with the grades that the students get. And Allaah knows best. Islam Q&A (www.islam-qa.com) 5218: A serious dialogue with a Christian Question: A university teacher’s employers have stipulated a condition that they will give him unpaid leave if he gives 25% of the income that he earns from another employer to an interest-based bank, so that they will take part of it as a tax. Is it permissible for him to give an incorrect statement of his income so that he can avoid putting a 97

Jurisprudence and Islamic Rulings

larger amount in the bank for the tax to be deducted from it? Answer: Praise be to Allaah. The following question was put to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who replied as follows: It seems that it is not permissible, because he has a contract with them, and if he has a contract with them it is not permissible for him to try to cheat their system. Question: even if it involves an unfair tax? Answer: but he agreed to that from the outset. And Allaah knows best. Shaykh Muhammad ibn Saalih al-‘Uthaymeen (www.islam-qa.com)

98

Transactions - Part 6

Chapter 4 Transactions Business and Finance: Business Contracts 40752: Ruling on selling exorbitantly expensive telephone numbers and “custom” licence plates Question: What is the ruling on buying and selling telephone numbers and custom licence plates. If a person buys a custom licence plate then sells it, is that money halaal?. Answer: Praise be to Allaah. Every Muslim should realize that Allaah has forbidden extravagance and wasteful spending, which both mean going beyond the limit in spending money. Allaah says (interpretation of the meaning): “and eat and drink but waste not by extravagance, certainly He (Allaah) likes not AlMusrifoon (those who waste by extravagance)” [al-A’raaf 7:31] “And give to the kinsman his due and to the Miskeen (poor) and to the wayfarer. But spend not wastefully (your wealth) in the manner of a spendthrift. 27. Verily, the spendthrifts are brothers of the Shayaateen (devils), and the Shaytaan (DevilSatan) is ever ungrateful to his Lord” [al-Isra’ 17:26-27] 99

Jurisprudence and Islamic Rulings

Every Muslim should realize that he will not be sent either to Paradise or to Hell until Allaah has asked him about several things, one of which is his wealth – from where he acquired it and on what he spent it. It was narrated that Abu Barzah al-Aslami (may Allaah be pleased with him) said: The Prophet (peace and blessings of Allaah be upon him) said: “A person will not move on (on the Day of Judgement) until he has been asked about four things: his life and in what he spent it, his knowledge and what he did with it, his wealth, from where he acquired it and on what he spent it, and his body and how he wore it out.” Narrated by al-Tirmidhi, 2317. He said: It is hasan saheeh. It was classed as saheeh by Shaykh al-Albaani in Saheeh al-Targheeb wa’l-Raheeb, 126. Moreover it should be noted that buying distinct mobile phone numbers and car licence plates for thousands of riyals is a kind of extravagance and wasteful spending on haraam things. Allaah will ask every one of these people about his wealth and what he spent on such things. Especially since we see the Muslims in most parts of the world suffering misery and hardship in their lives. Some of them cannot find a morsel of food with which to ward off hunger, and others cannot find clothes with which to cover their bodies, or a house in which to shelter themselves, and the houses of some of them have been destroyed with them inside. Yet at such a time of hardship we find some Muslims buying a licence plate with the number “1” for the equivalent of 2.18 million dollars in an auction! In the same auction, the licence plate bearing the number “2” was sold for the equivalent of 1.11 million dollars. 100

Transactions - Part 6

The organizers of the auction said that the turnover of the auction on the first day was nearly 3.9 million dollars. It is similar with mobile phone numbers where a number was sold for the equivalent of 360,000 dollars. This madness has spread in a number of countries where it would have been better for them to help the Muslims and keep their wealth safe from such foolishness, extravagance and waste. It should be noted that what makes these people buy such things is deplorable attitudes such as arrogance, pride and feelings of superiority. One of the most ridiculous comments that was made on this matter was that which was published by one of the newspapers which spoke of a man who came to ask for the hand of a girl in marriage, and he said to the girl’s father: “You do not need to ask about me; look at my licence plate and you will know who I am.” It may also be noted that the price for a distinct number or licence plate is many times greater than the price of a Rolls Royce which in the Emirates costs between 1 million and 1.5 million dirhams, and it may cost five times as much as a high-end car like a Mercedes, or ten times as much as a famous car such as a Lexus, which is favoured by the rich. How much food and drink and clothing, or even telephones and cars, could this have bought for those who need them? How many young men could have been kept chaste by spending this money on getting them married? How many debtors in prison could have been set free by paying off their debts? How many of those who are misguided could have been brought back to the straight path if this money had been spent on the distribution of books and tapes? 101

Jurisprudence and Islamic Rulings

All that a custom plate does is tell others that its owner is distinguished by his naivety and concern with trivial matters. A custom plate – unlike the car itself – is not a product of technology which people seek out because it offers comfort, speed or safety. A custom plate is not something that you can enjoy looking at – like some kinds of birds. It is just a sign of arrogance, pride and wasteful spending. If a special phone number is used by a store or business, or by an important department that people need to contact, then there would be a point in buying it, so long as the price does not reach the exorbitant levels described above. But buying a special phone number is, to a large extent, akin to wearing a garment of fame or vanity, which is forbidden. “Whoever puts on a garment of fame or vanity, Allaah will clothe him with a garment like it (or a garment of humiliation) on the Day of Resurrection.” Some reports add: “Then He will set it ablaze.” Narrated by Abu Dawood, 4029; Ibn Maajah, 3607. Ibn al-Qayyim said: That is because his intention in wearing it was to show off and act proud, so Allaah will punish him with the opposite of that and will humiliate him, just as He punished the one who made his garment long by causing him to be swallowed up by the earth, and he will continue sinking into it until the Day of Resurrection. Zaad al-Ma’aad, 1/145, 146 Shaykh al-Islam Ibn Taymiyah said: It is makrooh to wear a garment of fame and vanity, which 102

Transactions - Part 6

is anything that stands out from the ordinary, whether it is by wearing the finest and most expensive garments or by wearing the cheapest and scruffiest. The salaf disliked both extremes. According to the hadeeth, “Whoever wears a garment of fame and vanity, Allaah will clothe him in a garment of humiliation.” The best of all matters is that which is moderate. Majmoo’ al-Fataawa, 22/138 In conclusion: It is not permissible to buy and sell these custom numbers. Even if it may be permissible in some cases, it is not permissible to sell them for such high prices. The one whom Allaah has blessed with wealth should be grateful for this blessing and take proper care of it. He should not spend it on things that incur the wrath of Allaah or things which serve no purpose. He should realize that he will be questioned about this wealth on the Day of Resurrection and will be asked from where he acquired it and on what he spent it. And Allaah is the Source of strength. Islam Q&A (www.islam-qa.com) 40000: Selling by installments to the one who asked us to buy something Question: I have been offered the opportunity to take part in a project selling household appliances by installments. This operates in the following manner:

103

Jurisprudence and Islamic Rulings

We do not have a store, so the customer comes to us and says, “I want to buy certain appliances (for example, four air conditioners). We buy these appliances and give the price to a store with which we deal and from whom we always buy things. Then we sell it to the customer who wants to buy them, after agreeing on a price to be paid in installments. For example, if the cash price is 1200 riyals, we sell it by installments for 2000 riyals. Some purchasers take them to use them, and some take them to sell them back to the same store from which we buy them, because the best price that can be found is in that store. We are doing it this way now until we have enough capital to open a store where we can sell appliances directly for cash or by installments. Is this way of selling valid? We hope that you can explain that for us and for many Muslims who are selling in this manner. May Allaah reward you with good. Answer: Praise be to Allaah. If the matter is as described, and you buy the product that the customer wants in a real sense, taking possession of it and then selling it for a price to be paid by installments, there is nothing wrong with that, even if the price by installment is higher than the cash price. It does not matter if the one who buys it from you sells it to the first store, because there is no connection between him and this store. The Standing Committee was asked: I agreed with another man that I would buy a car for him. I told him that the showroom price is 50,000 riyals but if I bring it to you the price will be 60,000. Is that permissible? 104

Transactions - Part 6

They replied: There is nothing wrong with selling a car or any other product, if you are selling it after buying it and taking possession of it. It is permissible for you to sell it for a cash price or for a deferred payment that is higher than the cash price, whether the deferred payment is made in installments or otherwise. That is because Allaah says (interpretation of the meaning): “Allaah has permitted trading” [al-Baqarah 2:275] “O you who believe! When you contract a debt for a fixed period, write it down” [al-Baqarah 2:282] This includes the price of goods sold for a deferred payment. Selling a product to a person who has asked for it before you have bought it and taken possession of it is not permissible, because it is proven that Zayd ibn Thaabit (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) forbade selling goods in the place where they had been bought, until the traders had taken them to their own locations. Narrated by Abu Dawood, 3499. Shaykh al-Albaani said: It is hasan because of corroborating evidence. And the Prophet (peace and blessings of Allaah be upon him) said: “Whoever buys foodstuff should not sell it until he takes possession of it.” Narrated by Muslim, 1596. And the Prophet (peace and blessings of Allaah be upon him) said: “Do not sell what you do not have with you.” 105

Jurisprudence and Islamic Rulings

Narrated by Ahmad and Abu Dawood, 3503; classed as saheeh by Shaykh al-Albaani in Saheeh al-Jaami’, 7206. Ibn ‘Umar (may Allaah be pleased with him) said: We used to buy food willy-nilly, then the Messenger of Allaah (peace and blessings of Allaah be upon him) sent word to us forbidding us to sell it until we had moved it to our own locations. Narrated by al-Bukhaari and Muslim, 1527. As for the ‘aynah transaction that is forbidden, this refers to buying a product for a deferred payment, then selling it back to the person who sold it to you for a lower price. This is not what is being done in this case. See question no. 36408. And Allaah knows best. Islam Q&A (www.islam-qa.com) 36410: He bought a car by installments from the bank, then he sold it so that he could use the money to get married Question: I am a young man and I would to complete half of my religion by getting married. I proposed to a girl but there are a lot of expenses involved in getting married, namely the mahr etc. I cannot afford all that, so one of the brothers told me that the banks have a system called muraabahah (purchase scheme). So I went there and the bank official told me that I should go to one of the car showrooms (he did not specify which one) and choose a car, and the bank will buy it and sell it to me, in return for taking a profit of 40,741 riyals on an original price of 95,000 riyals, over a period of 6.5 years. I do not have any other option because my father is deeply in debt. I tried to borrow the money 106

Transactions - Part 6

from anyone who would give it without demanding interest, but I could not find anyone except one of the banks. Any other method of raising the money without any kind of buying or selling (i.e., money for money), is regarded as blatant riba (usury). I want to get married, and I fear temptation for myself. Please advise us, may Allaah reward you. Answer: Praise be to Allaah. This transaction that you want to engage in includes two things: 1 – Buying a car through the bank. This is not permissible unless two conditions are met: (i) That the car should be owned by the bank. So the bank should buy the car for itself from the showroom, before selling it to you. (ii) That the bank should take possession of the car by moving it physically from the showroom before selling it to you. If both or either of these two conditions are not met, then the transaction is haraam. See question no. 36408. 2 – Selling this car which has only been bought for this purpose, namely obtaining money. This is what is called tawarruq or buying and selling in order to obtain wariq, i.e., silver. This is permissible according to the majority of scholars, subject to the condition that the car be sold to someone other than the person from whom you bought it. It says in Fataawa al-Lajnah al-Daa’imah (13/161): 107

Jurisprudence and Islamic Rulings

We hope that you can advise us about the issue of tuwarruq and tell us what the ruling is on that. The Committee replied: Tuwarruq means buying a product and deferring the payment, then selling it for payment on the spot to someone other than the person from whom you bought it for a deferred payment, in order to benefit from its price. There is nothing wrong with this transaction according to the majority of scholars. End quote. See also question no. 45042. If the two conditions outlined above are met, there is no sin on you in sha Allaah. And we ask Allaah to help you and guide you. And Allaah knows best. Islam Q&A (www.islam-qa.com) 36408: What conditions should be met in order for the bank’s purchase scheme (muraabahah) to be considered permissible Question: My question is: how sound is the following transaction, what is the ruling on it, what is the ruling on someone who has already gotten involved in it and what should he do? The details of this muraabahah purchase program (as it is called by the bank) are as follows: 1 – The buyer goes and gets a price list for the bank from 108

Transactions - Part 6

the main supplier of the product (a car showroom or agency, for example), including a description of the car, its colour, features and price (100,000 riyals, for example). 2 – The buyer obtains a letter stating his salary, and fills out the required forms to have part of his salary deposited in the bank for the period agreed upon with the bank (for example, three years), to pay off the total cost which includes the basic price plus the bank’s profit (for example, 7%). 3 – The contract is drawn up, including the processing fees (1000 riyals for example) and is signed by the bank, the buyer and the witnesses. 4 – The bank issues a draft cheque payable to the showroom or agency (the supplier) for the value of the car as quoted in the price list referred to in #1 above. 5 – The buyer takes the cheque and gives it to the supplier, who then does all the paperwork needed to register the car in the name of the buyer and gives it to him. Answer: Praise be to Allaah. This transaction is haraam and is not permitted. Basically this transaction is a loan with interest, which is the essence of riba (usury), because the bank gives the buyer a cheque for 100,000 and takes payment for it in installments, adding interest and what they call processing fees. Calling this a purchase does not make it permissible, because this deal is essentially a riba-based loan and not a sale or purchase. Also, the bank is not buying the car from the showroom or selling it to the buyer, rather it is giving him a cheque for that amount. 109

Jurisprudence and Islamic Rulings

Buying products (whether cars or anything else) through the bank is not permissible unless two conditions are met: 1 – The seller should take possession of this product before selling it. So the bank should buy the car, for example, from the showroom for itself. 2 – The bank should take the car into its own possession by moving it (physically) from the showroom before selling it to the customer. If both or either of two conditions are not met, then the transaction is haraam, and the reason for that is that when the bank did not buy the car for itself in a real sense, rather it only issued a cheque on behalf of its customer, that was a riba-based loan, because essentially the bank loaned the price of the car (say, 100,000 riyals) to the customer on the basis that it would take back 170,000 riyals. If the bank buys the car then sells it before taking possession of it, that goes against the words of the Prophet (peace and blessings of Allaah be upon him) to Hakeem ibn Hizaam: “When you buy something, do not sell it until you have taken possession of it.” Narrated by Ahmed, 15399; al-Nasaa’i, 4613; classed as saheeh by al-Albaani in Saheeh al-Jaami’, no. 342. Al-Daaraqutni and Abu Dawood (3499) narrated from Zayd ibn Thaabit that the Prophet (peace and blessings of Allaah be upon him) forbade selling goods when they have been bought, until the merchants had added them to their own goods. This hadeeth was classed as hasan by al-Albaani in Saheeh Abi Dawood. In al-Saheehayn it is narrated from Ibn ‘Abbaas that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever buys food, let him not sell it until he has 110

Transactions - Part 6

acquired it.” Al-Bukhaari, 2132; Muslim, 1525. Muslim added: Ibn ‘Abbaas said: I think that this applies to everything else – i.e., there is no difference between food and other things in this regard. Based on this, the bank does not have the right to sell the car until it has taken possession of it. Goods are taken possession of according to custom, and taking possession of a car means that it is moved physically from where it was. Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: “Whatever is moveable, such as garments, animals and cars etc, possession is taken of it by moving it, because this is the custom. From Sharh al-Mumti’, 8/381. It says in Fataawa al-Lajnah al-Daa’imah (13/153): If a person asks someone to buy a specific car for him or a car that has certain features that he describes, and promises to buy it from him, and he buys it and takes possession of it, it is permissible for the one who asked for it to buy it from him after that, with cash or in installments for a known profit. This does not come under the heading of a man selling something that he does not own, because the one who was asked for the product only sold it to the one who asked for it after he had bought it and taken possession of it. He does not have the right to sell it to his friend, for example, before buying it, or after buying it but before taking possession of it, because the Prophet (peace and blessings of Allaah be upon him) forbade selling a product where it was bought, until the merchants had added them to their own goods. End quote. With regard to the one who engaged in such a transaction in the past, if he did not know at the time that it is haraam, and he did that thinking that it was permissible, then he does not have to do anything, because Allaah says (interpretation of the meaning): 111

Jurisprudence and Islamic Rulings

“So whosoever receives an admonition from his Lord and stops eating Ribaa, shall not be punished for the past” [al-Baqarah 2:275] See also Question no. 2492. But whoever did that knowing that it is haraam has committed the major sin of riba and exposed himself to a declaration of war from Allaah and His Messenger. Allaah says (interpretation of the meaning): “O you who believe! Be afraid of Allaah and give up what remains (due to you) from Ribaa (from now onward) if you are (really) believers. And if you do not do it, then take a notice of war from Allaah and His Messenger but if you repent, you shall have your capital sums. Deal not unjustly (by asking more than your capital sums), and you shall not be dealt with unjustly (by receiving less than your capital sums)” [al-Baqarah 2:278-279] So he has to repent from this major sin, and resolve not to do that again. With regard to making use of the car that was bought in this manner, there is nothing wrong with doing so, in sha Allaah, after repenting and regretting. See question no. 22905. And Allaah knows best. Islam Q&A (www.islam-qa.com) 1848: Ruling on transactions made via modern means of communication Question: What is the ruling on purchase and rental transactions 112

Transactions - Part 6

etc. made via modern inventions such as the telephone, fax, telex and the Internet etc. If the transaction usually takes place in an office or store, what is the ruling on cases where these modern means are used? Answer: Praise be to Allaah. According to sharee’ah, a transaction is made when there is an offer [of goods or services] and this is accepted, within the framework of shar’i conditions and in the absence of anything that might invalidate the transaction. An example of this in the case of a sale might be when the vendor says “I sell this to you” and the purchaser says “I agree.” There have been major developments in the field of communications which are now widely used to speed up financial dealings and transactions, which we must bear in mind whilst also taking into account what the fuqahaa’ have said about carrying out transactions via letter, in writing, by means of gestures or through intermediaries. They also established that transactions should be carried out between two parties who are present in the same place – with the exception of wills, the appointment of executors and the giving of power of attorney; the offer and agreement should both refer to the same thing and price, there should be no expression or indication that either party is turning away from the deal, and the agreement to an offer should not be delayed beyond whatever timespan is customarily regarded as acceptable. In the light of the above, the fuqahaa’ have established the following: If the transaction is carried out between two parties who are not present in the same place where one can actually 113

Jurisprudence and Islamic Rulings

see the other or hear his voice, and the only means of communication between them is by writing, mail, sending a messenger, this applies also to telegraphs, telexes, faxes and computer screens, in these cases the transaction is complete when the offer reaches the prospective purchaser and he agrees to it. If the transaction is drawn up at the same time, between two parties who are in different locations – which applies to telephones and wireless communications – the contract between them is considered to be a contract drawn up between two parties who are present in the same place, and in this case the basic rulings as stated by the fuqahaa’ and referred to in al-Deebaajah apply. If the vendor makes a limited-time offer through these means of communication, he is bound by it for the duration and he cannot go back on it. The rules outlined above do not include nikaah (marriage contracts) because of the requirement of two witnesses in nikaah, or barter because there has to be an actual exchange of goods or services, or forward buying, because this requires a cash down-payment. In cases where there is the possibility of forgery, fraud or error, reference should be made to the general rules concerning the establishment of proof.l And Allaah knows best. Majma’ al-Fiqh al-Islami, p.111 (www.islam-qa.com) 6892: Paying for medical examinations in advance Question: The head of a hospital is saying to the hospital’s clients: 114

Transactions - Part 6

pay five hundred riyals for twenty medical exams in one year, whether for cases of sickness or for regular checkups throughout the year. If a person uses all twenty exams, he has got what he paid for, but if he does not use them because he did not come for check-ups or did not get sick, he will not get any of his money back. Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, and he answered as follows: Have they agreed on a specific number? Yes. Then it is OK. Question: Even if he does not come for all twenty appointments, whether because he doesn’t get sick or he is lazy and doesn’t come for check-ups, so the five hundred riyals are gone? Answer: That means he has forfeited his right. Question: Yes, so if he gives up his right, for example, that’s OK? Answer: It is OK so long as what he has given up is a known amount. And Allâh knows best. 115

Jurisprudence and Islamic Rulings

Muhammad ibn Saalih al-‘Uthaymeen (www.islamqa.com) 10274: Buying shares in a bank that does not deal in ribaa Question: The Islamic bank has shares for sale. The values of one share is US0. Our understanding is that this bank does not deal in ribaa and that the values of the shares will be used in business ventures that are free of any dealings in ribaa, and the profits will be divided among the shareholders. Because we are worried about falling into anything that is prohibited, we hope that you will tell us whether this is allowed or not. Answer: Praise be to Allaah. It is permissible to buy shares in banks which do not deal in ribaa, and the profits earned through having shares in the bank and which are the result of dealings that did not involve anything haraam are halaal. And Allaah is the source of strength. May Allaah bless our Prophet Muhammad and his family and companions, and grant them peace. Standing Committee on Academic Research and Issuing Fatwas. Fataawaa al-Lajnah al-Daa’imah, 13/507 (www.islam-qa.com) 2146: ‘Aqd al-Istisnaa’ (contract to have something made or done) Question: What is ‘Aqd al-istisnaa’? What are the rulings and conditions governing it? 116

Transactions - Part 6

Answer: Praise be to Allaah. ‘Aqd al-istisnaa’ – which is a contract that applies both to the labour and the product itself – is binding on both parties when it is drawn up in accordance with certain conditions. The following conditions apply to ‘Aqd al-istisnaa’: Clear statement of the type, amount and required features of the work to be done or product to be made. Specification of the time frame involved. In ‘Aqd al-istisnaa’ it is permissible to delay paying the full price, or it may be paid in installments at specific times over a limited period. It is permissible for ‘Aqd al-Istisnaa’ to include a penalty clause stating what the two parties have agreed on, so long as there are no circumstances beyond their control. And Allâh knows best. Majma’ al-Fiqh al-Islami, p. 144 (www.islam-qa.com) 1839: Paying “key-money” (money for vacating a property) Question: In many cities, markets and streets where there are important locations, some tenants willingly give up their tenancies to others in return for a certain amount of money. What is the ruling on this? Answer: Praise be to Allaah. Firstly, there are four types of transaction that may come under this heading, as follows: 117

Jurisprudence and Islamic Rulings

Where there is an agreement to this effect from the outset between the landlord of the property and the tenant. Where the tenant and landlord come to an agreement during the period of the tenancy or after it has ended. Where there is an agreement between the tenant and a new tenant, during the period of the tenancy or after it has ended. Where there is an agreement between the new tenant and both the landlord and the first tenant, before the first tenancy expires or afterwards. Secondly, if the landlord and tenant agree that the tenant will pay a certain amount of money in addition to the regular rent – which in some countries is called a deposit – there is nothing Islamically wrong with paying this amount, provided that it is counted as part of the rent for the agreed period; when the contract comes to an end, this amount is subject to the rulings on rents. When the rental period comes to an end, and is not renewed explicitly or implicitly – in cases where automatic renewal is provided for in a clause of the lease – it is not permitted to pay this money, because the landlord has more right to the property once the tenant no longer has any right to it. Fourthly, if an agreement is reached between the first tenant and the new tenant during the period of the tenancy agreement that the former will give up the remainder of his lease in return for a sum of money over and above the regular rent, this transaction is permissible, provided that attention is paid to the terms of the contract drawn up between the landlord and the first tenant, because many rental agreements expressly state that tenants are not allowed to sublet properties to other parties or to accept 118

Transactions - Part 6

“key-money” except with the agreement of the landlord. If this is the case, it must be adhered to. If the agreement between the first tenant and the new tenant is reached after the expiry of the lease, it is haraam to pay key-money, because the first tenant no longer has any rights with regard to the property. And Allaah knows best. Qaraaraat Majma’ al-Fiqh al-Islaami, p. 72. (www.islamqa.com)

119

Jurisprudence and Islamic Rulings

Chapter 5 Transactions Business and Finance: Credit Cards 13725: Using credit cards is haraam even if you pay up within the time limit Question: I heard that using credit cards is haraam, but if I am sure that I am going to pay the bank within the time limit, so the bank will not charge any interest, is this also regarded as haraam?. Answer: Praise be to Allaah. What you have heard about credit cards being haraam is correct. That has already been discussed in question no. (13735) Using them is haraam even if the user is certain that he will pay the bank within the time limit. It has already been explained in the answer to the question mentioned that they are haraam because the bank lends money to the user in return for interest, and this interest is the price of the annual subscription to the credit card, as well as other interest charges which are to be paid to the bank if the user is late in paying. The cost of the card is a kind of riba which the user pays

120

Transactions - Part 6

to the bank, and this riba is paid by the user whether he pays on time or not. Also, the user enters into a contract with the bank which means that he is obliged to pay interest if he delays payment. This is also haraam, because it is not permissible for a Muslim to commit himself to doing something that Allaah has forbidden. The user may think that he can pay up on time, but then something happens to him that prevents him from doing so, so he pays riba to the bank. Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said concerning this kind of contract: A contract of this type is not permissible, because it involves riba which is the price of the card, and it also means committing to pay interest if payment is delayed. In another fatwa he said: This transaction is haraam, because the one who enters into it commits himself to paying riba if he does not pay on time. This is an invalid commitment, even if he believes or thinks it most likely that he will pay it before the time is up, because circumstances may change and he may not be able to pay it off. This is a matter that is in the future, and no one knows what will happen to him in the future. So dealings of this type are haraam. And Allaah knows best. Islam Q&A (www.islam-qa.com) 13735: Credit cards Question: Nowadays many people use “Credit” cards (credit cards) 121

Jurisprudence and Islamic Rulings

which are issued by some of the banks. The gold cards cost 548 riyals and the silver cards cost 245 riyals. This amount is paid to the bank annually by the person who uses the Credit card, like an annual subscription. The way these cards are used is that the card allows the bearer to withdraw as much money as he wants from the bank’s branches as a loan, and he has to repay the same amount of money within a period not exceeding fiftyfour days. If he does not pay it back within the period stated, the bank will charge interest of 1.95 riyals for each hundred riyals of money withdrawn. The bank also charges 3.50 riyals for every hundred riyals of cash withdrawn by the carrier of the card, or a minimum of 45 riyals for every cash withdrawal. The carrier of this card is also entitled to buy products in stores that the bank deals with, without paying any cash, and it becomes a loan from the bank. If he delays paying off the cost of what he has bought for more than fiftyfour days, they will charge 1.95 riyals for every hundred of the price of the products purchased from the stores that the bank deals with. What is the ruling on using these cards and subscribing annually to the bank in order to use these cards?. Answer: Praise be to Allaah. This question was put to the Standing Committee, who replied: If the credit card is as described, then it is a new kind of riba-based transaction and of consuming people’s wealth unlawfully, making them fall into sin and contaminating their earnings and dealings. It comes under the same 122

Transactions - Part 6

rulings as the riba of the Jaahiliyyah which is forbidden in sharee’ah. (Either you pay it off at the appointed time or you increase the amount). Hence it is not permissible to issue such cards or to use them. And Allaah is the Source of strength. May Allaah send blessings and peace upon our Prophet Muhammad and his family and companions. Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked about this and he said: The answer is that a contract of this type is not permissible, because it involves riba which is the price of the card, and it also means committing to pay interest if payment is delayed. Islam Q&A (www.islam-qa.com) 6847: Using a credit card to get married Question: I have to go backhome next month after 5year and have to get married but i dont have mony and i have no one who can give me a loan can i take money from my credit card i have no other way pleas give me some ans. Answer: Praise be to Allaah. Riba (usury, interest) is one of the things that are definitively forbidden in Islamic sharee’ah. 1 – Allaah says (interpretation of the meaning): “Allaah has permitted trading and forbidden Ribaa. So whosoever receives an admonition from his Lord and 123

Jurisprudence and Islamic Rulings

stops eating Ribaa, shall not be punished for the past; his case is for Allaah (to judge); but whoever returns (to Ribaa), such are the dwellers of the Fire — they will abide therein” [al-Baqarah 2:275] 2 – And Allaah says (interpretation of the meaning): “O you who believe! Fear Allaah and give up what remains (due to you) from Ribaa (from now onward) if you are (really) believers” [al-Baqarah 2:278] 3 – It was narrated that ‘Awn ibn Abi Juhayfah said: “I saw my father buying a slave whose profession was cupping, and he ordered that his tools be broken. I asked him about that and he said that the Messenger of Allaah (peace and blessings of Allaah be upon him) forbade the price of blood, the price of a dog and the earnings of a prostitute; he cursed the woman who does tattooing and the one who asks for it to be done, and the one who consumes riba and the one who pays it, and he cursed the one who makes images.” (Narrated by al-Bukhaari, 2123). It was narrated that ‘Abd-Allaah ibn Mas’ood (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) cursed those who consume riba and those who pay it. (Narrated by Muslim, 1597). 4 – It was narrated from Abu Hurayrah (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “”Avoid the seven things that doom a person to Hell.” They said, “O Messenger of 124

Transactions - Part 6

Allaah, what are they?” He said, “Associating others with Allaah (shirk); witchcraft (sihr); killing a soul whom Allaah has forbidden to kill, except for a lawful reason; consuming riba; consuming the property of orphans; fleeing from the battlefield; and slandering chaste and innocent believing women.” (Narrated by al-Bukhaari, 2615; Muslim, 89). 5 – It was narrated that Samurah ibn Jundub said: The Prophet (peace and blessings of Allaah be upon him) said: “Tonight I saw (in a dream) two men who came to me and took me out to a holy land. We went on until we came to a river of blood, in which a man was standing, and on the riverbank there was a man with stones in front of him. The man who was in the river came forward, and when he wanted to climb out, the other man threw a stone in his mouth and sent him back to where he came from. He did that every time the man wanted to come out, throwing a stone into his mouth to make him go back. I said, ‘What is this?’ They said, ‘The one who you saw in the river is the one who consumed riba.” (Narrated by alBukhaari, 1979) There is unanimous agreement (among the scholars) that riba is haraam, and credit cards come under the heading of riba. See questions no. 11179 and 5540. Hence we do not think that we can offer the questioner any better advice than the advice of the Prophet (peace and blessings of Allaah be upon him), which is to fast so that he can calm himself down and to get used to worship, and to make it difficult for the Shaytaan to find any way to influence him. It was narrated that Ibn Mas’ood (may Allaah be pleased with him) said: The Prophet (peace and blessings of Allaah be upon him) said to us: “O young men, whoever among you can afford to get married, let him do so, and whoever 125

Jurisprudence and Islamic Rulings

cannot do that, then let him fast, for it will be a shield for him.” (Narrated by al-Bukhaari, 4778; Muslim, 1400) A shield means that it will protect him from falling into sin. See also questions no. 590, 665, 3402 And Allaah knows best. Islam Q&A (www.islam-qa.com) 3402: Having an interest-based credit card in cases of necessity Question: In my area one of the requirements for renting a car is to have a credit card. You don’t have to charge anything on the card, you just must present it for safety precautions. When the car is returned you can pay cash and nothing is ever charge to the card. So, I would like to know, is it halal to get a credit card for this purpose. Answer: Praise be to Allaah. The basic principle is that interest-based transactions are haraam and it is not permissible to engage in them. This includes the conditions mentioned in the contracts for credit cards. In some countries they rely a great deal on these credit cards, and you can hardly find anyone who does not use them. We put the following question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen: 126

Transactions - Part 6

Credit cards include conditions based on riba (interest/ usury) – if you delay payments, they charge an extra penalty. But in the place where I live in America, I cannot rent a car or a shop or use many other services unless I have a credit card. If I do not use a credit card, I will suffer unbearable hardship. If I commit myself to make the payments within a certain time limit, so that I do not have to pay the interest charges, will this allow me to have a credit card and thus relieve some of the hardship I am facing? The shaykh, may Allaah preserve him, answered as follows: If the hardship he is facing is certain, and the likelihood that he will delay payments is remote, then I hope there is nothing wrong with him having the credit card. Question: Do the conditions relating to interest make a transaction invalid or not? Answer: If a contract contains an invalid condition, this does not invalidate the entire contract, for a number of reasons: (1) necessity, (2) because it does not really affect anything. The man thinks that he is going to make the payments before interest is due. Because this is more likely than the condition of having to pay interest, and because it is necessary – which is the main point – I hope that there is nothing wrong with it. We have a definite matter – necessity – and a matter which is not necessarily going to happen – which is delay in payment – and the matter that is definite takes precedence over something which may not even happen. And Allaah knows best. 127

Jurisprudence and Islamic Rulings

Shaykh Muhammad ibn Saalih al-‘Uthaymeen (www.islam-qa.com) 11179: Using credit cards to withdraw money Question: Banks give their clients a card called “Visa” which enables the customer to withdraw money from the bank even if there is no money in his account at that time, on the basis that after a specific amount of time has passed, he will repay the bank, and if he does not pay within this set time, the bank will charge interest, more than the amount withdrawn. The customer also pays an annual fee for using this card. Please tell us the ruling on using these cards, may Allaah reward you with good. Answer: Praise be to Allaah. This transaction is haraam, because it involves a commitment to pay ribaa (interest) if one does not pay within a certain time. This is an invalid commitment even if a person believes or thinks it most likely that he will pay before the time is up, because things may change and he may not be able to fulfil the commitment. This is a matter which has to do with the future and man does not know what will happen to him in the future. So this kind of transaction is haraam. And Allaah knows best. Shaykh Muhammad ibn Saalih al-‘Uthaymeen, AlDa’wah magazine, issue # 1754, p. 37 (www.islamqa.com) 128

Transactions - Part 6

10826: Buying with debit cards Question: I hope that you will beable to advise us about using Saudi Net cards [debit cards] when buying things that we need from the stores. These cards are used in the following manner: when the amount of the purchase has been added up, for example 150 riyaals, the card is given to the vendor and he passes (“swipes”) it through a machine that he has in his store. The value of the purchase is then taken instantly, by transferring the amount from the purchaser’s account to the vendor’s account in the same instant, i.e., before the buyer leaves the shop. Answer: Praise be to Allaah. If the matter is as you describe, there is no reason why these cards should not be used, if the purchaser has sufficient funds in his account to cover the required amount. And Allaah is the source of strength. May Allaah bless our Prophet Muhammad and his family and companions, and grant them peace. Standing Committee for Academic Research and Issuing Fatwaas. Fataawaa al-Lajnah al-Daa’imah, 13/527 (www.islam-qa.com) 5540: Paying tuition fees with a riba-based credit card Question: I am very much worried about my education. I am doing MASSAHALLAH very good results but my problem is....I 129

Jurisprudence and Islamic Rulings

do not have enough money to pay my tution. I am not a USA citizen and thus do not get much benefits. They let me study 2 semisters in a condition that I have to give the tution fee back after working throughout this summer. Now the fee office in the university gave me a deadline to pay the tution fee of about 00. If I am unable to pay that amount then my education will stop here. I am trying my best to get a job this summer but have not got yet. My question is, if I am unable to earn 00 within 3 months .... can I use my credit card to pay the tution fee back. I know I cannot pay the money to the bank and will have to give interest. Moreover, I am engaged with a girl who’s parents have agreed to get us married. If my education stop, her parents will never let me marry her. All together I am very depressed about it. Please advise me what I should do in this circumstance. Answer: Praise be to Allaah. It is not permissible for a Muslim to pay riba (interest), no matter what the circumstances. The one who consumes riba and the one who pays it are both in grave danger, as it says in the hadeeth that the Prophet (peace and blessings of Allaah be upon him) cursed the one who consumes riba, the one who pays it, the one who records it and the two who witness it, and he said, “They are all the same.” Would you like to be among those who deserved to have the Prophet (peace and blessings of Allaah be upon him) pray that they will be expelled from the mercy of Allaah? For this would be an immense and incomparable loss. Another point is that you should note that whoever gives up something for the sake of Allaah, Allaah will compensate him with something better than that. Whoever 130

Transactions - Part 6

fears Allaah, Allaah will soon grant him independence by His grace, and will give him a way out from his difficulties, and will make things easier for him. Allaah chooses for His slave something which is better that that which the slave would choose for himself. Fear Allaah, put your trust in Him and do not expose yourself to His wrath. Allaah says (interpretation of the meaning): “… and it may be that you dislike a thing which is good for you and that you like a thing which is bad for you. Allaah knows but you do not know” [al-Baqarah 2:216] May Allaah help you to do that which He loves and is pleased with, and may He make things easier for you. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 665: Forced by her husband to help him get a “Visa” (credit) card Question: Assalamu Alaikum , my question is I have had a credit card which I applied for when I needed to rent a car. I had been very careful not to exceed on this card what I could pay for every month so that I would not have to pay any interest. During one time of some difficulty I could not pay the entire bill and it incured the interest. After several months I was able to pay it off with the help of my husband who had also used it from time to time. After the bill was paid I told him that I wanted to get rid of the card so that we would not risk falling into this condition again. However my husband wanted me to apply for a card in his name since I was planning to gat rid of mine. He had previously had 2 credit cards of his own which he was 131

Jurisprudence and Islamic Rulings

unable to pay off. He became very angry and insulting, so to keep the peace I got it for him. He also said that he would be responsible for it if he couldn’t pay it. I have not used the card at all and for the past 6 months he has not been able to pay the entire balance so for all that time it is gathering interest. my question is who is accountable before Allah for this card? Me because I gat it for him Or Him because he asked for it . If I am responsible for it. What should I do about paying it off since he dosen’t want me to work now and he is unable to make even the minimum payments? Answer: Praise be to Allaah. You should repent to Allaah, may He be glorified, for helping your husband to do something sinful and wrong by getting this interest-based credit card. Allaah says (interpretation of the meaning): “… Help you one another in al-birr and al-taqwa (virtue, righteousness and piety); but do not help one another in sin and transgression…” [al-Maa’idah 5:2]. You should not have helped him to get this card or responded to his demand for your help, even though he insisted, because the Prophet (peace and blessings of Allaah be upon him) said: “There is no obedience to any created being if it involves disobedience to Allaah, may He be glorified.” (Reported by Imaam Ahmad in Musnad ‘Ali; Saheeh al-Jaami’, 7520). And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com)

132

Transactions - Part 6

Chapter 6 Transactions Business and Finance: Investment 39903: Is income from an internet café halaal or haraam? Question: I am wondering whether income from an internet café is halaal or haraam, noting that this café is the only source of income for a Muslim family. Answer: Praise be to Allaah. The internet may be used for both halaal and haraam purposes, for both good and evil. If you can control the place and prevent people from using the internet in haraam ways, then the income that comes from this café is halaal. But if the owner of the café is careless about denouncing evil actions of his customers and he does not prevent them from doing haraam things, then he is a sinner, because he does not denounce evil and he cooperates with them in sin. In that case his income is evil and is haraam. See also question no. 34672 And Allaah knows best. Islam Q&A (www.islam-qa.com) 133

Jurisprudence and Islamic Rulings

39505: Interest based loans Question: The state has allocated special funds for business startup for unemployed youth who have graduated from university. This fund is divided into two sections: 1 – 30% of the costs of start-up are paid by this fund. This money is to be paid back over 5 years, without interest. 2 – 70% of the costs are paid by the national bank. This money is to be paid back over 5 years with interest at a rate of 4%. What is the Islamic ruling on this scheme?. Answer: Praise be to Allaah. There is no problem with the first kind of funding, because it is a kind of goodly loan (al-qard al-hasan). But the second kind is a riba-based loan which is haraam, no matter what the rate of interest. Imam Ibn Qudaamah (may Allaah have mercy on him) said: “Every loan in which it is stipulated that something extra must be paid back is haraam, with no difference of scholarly opinion. Ibn al-Mundhir said: [the scholars] are unanimously agreed that if the lender stipulates that the borrower must pay extra or give him a gift, and he lends him money on that basis, then accepting the extra payment is riba. It was narrated from Ubayy ibn Ka’b, Ibn ‘Abbaas and Ibn Mas’ood that they forbade every loan that brings benefits, because loans should be given as an act of kindness and an act of worship aimed at bringing one closer to Allaah. 134

Transactions - Part 6

So if there is a stipulation of extra payment, this diverts the loan from its purpose.” Al-Mughni, 6/436. If you can apply for the first kind of funding, there is no sin on you, because it is permissible, as we have mentioned. But if that is subject to the condition that you also apply for the second kind, then it is haraam to do that. And Allaah knows best. Islam Q&A (www.islam-qa.com) 22933: Ruling on shares in a car insurance company Question: What is the ruling on shares in a car insurance company? Are the profits that I make halaal or haraam?. Answer: Praise be to Allaah. All forms of commercial insurance that are dealt with nowadays are haraam because they involve riba (usury) and ambiguity. See questions no. 8889 and 10805. Shaykh Ibn Jibreen was asked about the ruling on car insurance; he replied: In my opinion insurance is a kind of ambiguity, because the company may take money from some of its clients 135

Jurisprudence and Islamic Rulings

each year and those clients do not make any claims for repairs etc. And they may take a little from some other clients and lose a great deal. There are some people who deal with cars who have little faith and do not fear Allaah, and when their cars are insured they do not care what happens, so they expose themselves to danger and drive recklessly, so they may cause accidents and kill believing souls and destroy wealth that is protected in sharee’ah, and they do not care about that because they know that the insurance company will bear the resulting costs. I say that this insurance is not permissible because of these reasons and others, whether that is car insurance, life insurance, property insurance etc. Fataawa Islamiyyah, 3/5 If this is the ruling on insurance, then buying shares in these companies is haraam. Hence the scholars of the Standing Committee said: It is not permissible to buy shares in commercial insurance companies, because insurance policies include ambiguity and riba, which are forbidden in Islamic sharee’ah. Fataawa Islamiyyah. 2/43 Based on this, the profits earned through shares in insurance companies are also haraam. The Muslim who has indulged in any of these things and taken any of these profits should get rid of them and spend them in charitable ways. The Muslim has to seek to earn a halaal income, because every body that is nourished on haraam things, the Fire is more suited for it. We ask Allaah to set the Muslims’ affairs straight. And Allaah knows best. Islam Q&A (www.islam-qa.com) 136

Transactions - Part 6

34512: Shares in telecommunications and service companies Question: What is the ruling on buying shares in telecommunications companies, knowing that these companies provide services for businesses that deal in haraam things such as riba-based banks etc, and by means of which other haraam services are also offered, such as telephone gambling, 700 numbers for listening to music and songs, etc., as well as many permissible services as is well known?. Answer: Praise be to Allaah. The Muslims should keep away from doubtful matters and avoid getting involved in mixed earnings. Whoever insists on buying shares in them has to get rid of the haraam part of his earnings by studying the matter, asking questions and trying his best to find out, and then taking action based on what he thinks is most likely. We ask Allaah to make us content with that which He has permitted so that we will have no need of that which He has forbidden, and to make us independent of means by His bounty so that we will have no need of anything else. Islam Q&A (www.islam-qa.com) 30842: Saving system in Aramco and attitude towards the various fatwas concerning it Question: We are a group of Saudi Aramco employees, and we are 137

Jurisprudence and Islamic Rulings

worried, like any other Muslim, about the legitimacy of the wealth we acquire. Recently we have become very confused, to an extent which only Allaah knows. Perhaps you know something about the savings system in Saudi Aramco. (The company is encouraging me to save with them by giving me a bonus when I am laid off or when I leave the company. The bonus is a percentage of my contribution based on how long I have been with the company, for example: If my total contribution is 100,000 riyals, and I have been with the company for 10 years, my remuneration from the company will be 100,000 riyals. If the length of time I have been with the company is 7 years, then my remuneration will be only 70% of 100,000, which is 70,000 riyals). What we knew previously was that this system is haraam according to sharee’ah, based on the ruling of the Standing Committee for Issuing Fatwas, but now we have heard a fatwa from Shaykh ‘Abd-Allaah ibn Munayyi’ (may Allaah preserve him), stating that this savings scheme is permissible. This has made us confused, and we do not know whether to follow the Committee or Shaykh alMunayyi’, because he is specialized in the field of economics. Answer: Praise be to Allaah. Firstly: The savings scheme used in the Aramco company is a haraam system. It is blatant riba (usury, interest) because it is a loan that brings a benefit. If a person pays in 100,000 riyals, to take it back after a period of ten years, or seven, or whatever, with an added payment of 100,000 riyals, or 138

Transactions - Part 6

70,000, or even one riyal, then he has engaged in blatant riba, which is haraam according to scholarly consensus. Imam Ibn Qudaamah (may Allaah have mercy on him) said: “Every loan which is given subject to the condition than an increased amount be paid back is haraam, with no difference of opinion (among the scholars). Ibn alMundhir said: There is consensus that if the lender stipulates that the borrower must pay extra or give him a gift, and the money is lent on that basis, then his taking the extra amount is riba. It was narrated that Ubayy ibn Ka’b, Ibn ‘Abbaas and Ibn Mas’ood forbade loans that bring benefit. Al-Mughni, 6/436. It does not matter that the company calls this transaction a savings plan or investment scheme or mudaarabah (silent partnership), because every investment that guarantees one’s capital is a loan, even if people call it something else. What counts is what a thing actually is, not what it is called. With regard to the kinds of investments or savings that are acceptable in Islam, they are based on certain conditions, the most important of which are as follows: 1 – The money should come from you, and the labour or work should come from the other party; there is nothing wrong with the other party putting in money as well as work. 2 – The area of investment should be clearly defined, since most of these companies invest the money by putting it in riba-based banks, or in projects that are not permissible. 3 – Both parties should agree on the percentage of profits allocated to each, which should not come from the capital, so you get 50% or 10% of the profits, for example. 139

Jurisprudence and Islamic Rulings

4 – The person who is doing business on your behalf should not guarantee your capital. In the event of loss – so long as it is not caused by negligence – you will lose your capital and he will lose his labour. If the capital is guaranteed, then this transaction is a loan which must be paid off with no extra amount added. If an extra amount is stipulated, then this is riba. We ask Allaah to keep us safe from riba and its evil and dangers, and to make us independent by means of that which He has permitted so that we will feel no need of that which He has forbidden. The point is that the Aramco savings scheme is haraam, because it guarantees the capital and because the profit is a set percentage of the capital. So it is a loan with interest, as well as the fact that the investor does not know where his money will be invested. The Standing Committee pointed out that the claim that what is given to the employee is a reward or bonus from the company is false, because it is only given to those who save with this plan. If it was really a reward or bonus it would be given to all employees. As the questioner mentioned, the Standing Committee for Issuing Fatwas – under the leadership of Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him), with whom were Shaykh ‘Abd al-Razzaaq ‘Afeefi, Shaykh ‘Abd-Allaah ibn Ghadyaan and Shaykh ‘Abd-Allaah ibn Qa’ood, who are all leading scholars – was asked about the savings plan in the Aramco company. They replied as follows: “Participating in the Aramco savings plan is haraam, because it involves two types of riba (riba alfadl and riba al-nasa’); it defines the rate of interest, which may be anything between five and one hundred percent of the money that is saved by the Saudi employee, in addition to the rewards that are given to the employee, to 140

Transactions - Part 6

the exclusion of other employees who do not invest, as is stated in the savings plan. Fataawa al-Lajnah al-Daa’imah, 13/510-515 Similarly Shaykh Muhammad ibn Saalih al-‘Uthaymeen and other scholars also issued fatwas stating that the Aramco savings plan is haraam. Secondly: If the scholars differ with regard to a shar’i ruling, the person who is seeking the fatwa should try to find out which is correct by examining the evidence quoted by both parties and following that which he thinks is more correct. This applies if the person seeking the fatwa is a seeker of knowledge (taalib ‘ilm) who is able to determine which is more correct. If he is not able to determine which is more correct, because he has no specialized knowledge of sharee’ah, then he must follow the view of the one whom he thinks is more knowledgeable and more trustworthy; he does not have the right to choose whichever opinion he wants. With regard to the issue at hand, the major scholars have clearly stated that it is haraam, and they are more knowledgeable and more trustworthy than those who gave a different opinion – which is not intended to belittle the other party – so you have to avoid this savings plan, for the reasons stated above. Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on him) was asked what the Muslim’s attitude towards scholarly differences should be, He replied: “If the Muslim has enough knowledge to enable him to compare the scholarly opinions and their evidence, and to decide which is more correct, then he must do that, because Allaah has commanded us to refer disputed 141

Jurisprudence and Islamic Rulings

matters to the Qur ’aan and Sunnah, as He says (interpretation of the meaning): ‘(And) if you differ in anything amongst yourselves, refer it to Allaah and His Messenger, if you believe in Allaah and in the Last Day’ [al-Nisa’ 4:59] So he should refer the disputed matter to the Qur’aan and Sunnah, and whatever seems to him to be more correct based on the evidence, he should follow it, because what is necessary is to follow the evidence and the opinions of the scholars may be used to help one understand the evidence. But if the Muslim does not have enough knowledge to be able to decide which scholarly view is more correct, then he must ask the scholars whose knowledge and religious commitment he trusts, and follow the fatwas that they issue to him. Allaah says (interpretation of the meaning): “So ask the people of the Reminder if you do not know” [al-Anbiya’ 21:43] The scholars have stated that the madhhab of the ordinary Muslim is the madhhab of his mufti (the scholar whom he asks for a fatwa). If the scholars’ opinions vary, then he must follow the one who is most trustworthy and most knowledgeable. This is like when a person falls sick and he looks for the most trustworthy and knowledgeable doctor because he is more likely than others to get it right. It is more important to be on the safe side in matters of religion than in worldly matters. It is not permissible for a Muslim to select the scholarly 142

Transactions - Part 6

opinion that is in accordance with his own whims and desires, if that goes against the evidence, or to seek rulings from those whom he thinks will be lenient in issuing fatwas. Rather he must try to be on the safe side with regard to his religion, and ask scholars who are more knowledgeable and who fear Allaah more. From Ikhtilaaf al-‘Ulama’ Asbaabuhu wa Mawqifuna minhu, p. 23. See also question no. 22652. The Muslim must beware of seeking fatwas from those who are known to be too lenient and to go against trustworthy scholars who are more knowledgeable. The Muslim should beware of following his whims and desires and only following those fatwas which are in accordance with his own wishes and desires, for the Muslim is required to go against the desires and whims of his own self. Allaah says (interpretation of the meaning): “But as for him who feared standing before his Lord, and restrained himself from impure evil desires and lusts. Verily, Paradise will be his abode” [al-Naazi’aat 79:40] And Allaah knows best. Islam Q&A (www.islam-qa.com) 4714: Dealing in shares Question: What is the attitude of Islam towards buying and selling shares as a profession? May Allaah reward you with good.

143

Jurisprudence and Islamic Rulings

Answer: Praise be to Allaah. 1 – Definition of shares. A share is a defined portion of the total capital of a company. A share is defined as being the share that the shareholder has in a company, or a portion of the total capital of a company, written on a certificate that has a nominal value, so that the shares in totality represent the capital of the company, and are all of equal value. Based on that, the share is an independent document, given to the shareholder, that contains information specific to the company, such as the company name, the amount of its capital, its nationality, the location of its headquarters, the number and value of the share and the name of its holder if it is a nominal share, or the statement that the share belongs to the bearer. 2 – Ruling on shares In principle there is nothing wrong with buying or selling shares, but there are some things that should be avoided, such as: Buying and selling shares in companies in which it is haraam to hold shares because they sell things that are not permissible, or they help in spreading corruption and falsehood. Buying and selling shares in riba-based banks. Putting share money in riba-based banks, because that leads to the profits being mixed with riba money. A – The Standing Committee was asked about holding 144

Transactions - Part 6

shares in private companies that deal in charity work, agriculture, banks, insurance and petroleum. They replied: It is permissible for a person to hold shares in these companies if they do not deal with riba. If they deal with riba then it is not permissible. That is because it is proven from the Qur’aan, Sunnah and scholarly consensus that dealing with riba is haraam. Similarly it is not permissible for a person to hold shares in commercial insurance companies, because the insurance policies involve ambiguity, uncertainty and riba, which are all haraam according to Islamic sharee’ah. Fataawa Islamiyyah, 2/43 B – There follows the text of a question and answer from the Fatwa Committee of the Kuwaiti Finance House (Bayt al-Tamweel al-Kuwaiti) concerning the third point. Question: Is it permissible to buy and sell shares in foreign companies such as General Motors, Phillips and Mercedes, knowing that these are industrial companies, but they do not refrain from lending and borrowing with interest? Answer: In principle, there is nothing wrong, from the point of view of sharee’ah, with holding shares in industrial, commercial or agricultural companies, because they are subject to profits and losses. It is akin to the kind of investment approved of in sharee’ah, subject to the condition that these companies keep away from riba-based transactions, whether they are paying or taking interest. From your question it is obvious that these companies deal in riba, paying or taking it, so on that basis holding 145

Jurisprudence and Islamic Rulings

shares in them is to be regarded as holding shares in a riba-based operation, which is what is forbidden in sharee’ah. And Allaah knows best. Al-Fataawa al-Shar’iyyah fi’l-Masaa’il al-Iqtisaadiyyah al-Ajzaa’ Bayt al-Tamweel al-Kuwaiti, Fatwa no. 532. And Allaah knows best. Islam Q&A (www.islam-qa.com) 21127: Ruling on buying shares in a foreign company Question: What is the shar’i ruling on buying shares in a foreign company? Answer: Praise be to Allaah. 1 – Definition of “shares” A share is a specific part of the total capital of a company. A share is defined as being the share that the shareholder has in a financial company, or the portion of the company’s capital that is assigned to him as confirmed in a legal document that has a nominal value, where the sum of all the shares represents the capital of the company and each share is of equal value. Based on this, a share is an independent document that is given to the shareholder and contains information that has to do with the company, such as the company name, the amount of its capital, its nationality, the location of its headquarters, the serial number of the share, its value 146

Transactions - Part 6

and the name of the shareholder, if he is to be mentioned by name, or the comment that the share belongs to the bearer. 2 – Ruling on shares: There is nothing basically wrong with buying and selling shares, but there are a number of things to be avoided, as follows: (i) Buying and selling shares in companies in which it is haraam to have shares, because they sell things that are not halaal, or they help in spreading corruption and falsehood. (ii) Buying and selling shares in banks that deal in riba (usury or interest). (iii) Depositing shares in riba-based banks, because that will lead to the profits being mixed with riba. The Standing Committee was asked about buying shares in private companies that deal only in charitable work, agriculture, banks, insurance companies and petroleum companies. They replied: It is permissible for a person to buy shares in these companies so long as they do not deal with riba; if they deal with riba then it is not permitted, because it is proven in the Qur’aan and Sunnah, and by scholarly consensus, that dealing in riba is haraam. Similarly it is not permissible for a person to buy shares in commercial insurance companies, because insurance policies involve ambiguity and buying something unknown, and they involve riba, so they are forbidden according to Islamic sharee’ah. Fataawa Islamiyyah, 2/43 147

Jurisprudence and Islamic Rulings

The following is the text of a question and answer from the Fatwa Council of the Kuwaiti Finance House: Question: Is it permissible to buy and sell shares in foreign companies such as General Motors, Phillips and Mercedes, knowing that these are manufacturing companies, but they do not hesitate to lend and borrow money with interest? Answer: The principle of buying shares in manufacturing, commercial and agricultural companies is allowed according to sharee’ah, because they are subject to either profit or loss, and this is akin to mudaarabah or limited partnerships which the Lawgiver allows, subject to the condition that this partnership avoid engaging in riba transactions, whether that involves taking or paying interest. It may be understood from your question that you are aware that these companies deal with riba, taking and paying interest. On this basis, buying shares in them is to be regarded as buying shares in a riba-based operation, which is forbidden in sharee’ah. And Allaah knows best. Kitaab al-Fataawa al-Shar’iyyah fi’l-Masaa’il alIqtisaadiyyaah, al-Ajzaa’ Bayt al-Tamweel al-Kuwaiti, Fatwa No. 532. And Allaah knows best. Islam Q&A (www.islam-qa.com)

148

Transactions - Part 6

21087: Participating in a savings scheme with a petroleum company Question: 1. What is the ruling on saving with the Aramco company, whether as an investor or otherwise? 2. What is taqiyah according to the Sunnis and the Shi’ah? 3. Is it permissible to call Shaykh Ibn Baaz “Imaam”? and who are the Imaams according to the Sunnis? Answer: Praise be to Allaah. 1. It seems that you should not save with the Aramco company, whether as an investor or otherwise, because you would be giving less money and taking more than the money given, which is the essence of riba, because when investing one is not subject to the risk of increase or loss, rather the profit is guaranteed, so it seems that this is not allowed. 2. According to the Sunnis, taqiyyah (dissimulation) means being sociable or affable without any hypocrisy or sycophancy, when it is necessary to be affable and say things that one does not believe, in cases where the Muslim fears for his life, but his heart is at peace and believes. But for the Shi’ah, taqiyyah means outwardly appearing to agree with one’s opponent, even if he is right, whilst inwardly opposing him and persisting in their false beliefs. This is the essence of hypocrisy which means making an

149

Jurisprudence and Islamic Rulings

outward display of being Muslim whilst inwardly concealing kufr. 3. Shaykh Ibn Baaz is one of the imams (leaders) of guidance, and one of the most prominent scholars of sharee’ah which he supported and paid attention to, so he deserves to be regarded as a leader in Islam. Shaykh ‘Abd al-Kareem al-Khudayr. (www.islamqa.com) 1210: Buying shares in computer companies Question: Is buying Computer and Technology companies’ stocks Halal or Haram? AND WHY? And if Halal, is giving money to mutual fund company that buy these stock (only Technology stocks) Halal or Hram? and Why? Answer: Praise be to Allaah. It is permissible for a person to buy shares in these companies if they do not deal in riba [usury/interest] (and they do not sell anything haraam and they do not do business in a manner that is not Islamic). But if they deal in riba then it is not permitted, because it is clearly established in the Qur’aan and Sunnah, and by scholarly consensus, that dealing in riba is haraam. See Fataawa Islamiyyah, 2/392; see also Question no. 8590. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 150

Transactions - Part 6

8590: Dealing in shares Question: Many Muslims invest in stocks (stock market). The argument is that, since there are risks where one can lose or gain, that it constitutes doing business so long as one does not buy stocks on the margin or be involved in direct interest bearing investments. Please explain the limits of investing in the stock market or if it is forbidden and why? Answer: Praise be to Allaah. There is nothing wrong with selling or buying shares if they are shares in permissible companies. If it is an agricultural company, for example, which produces permissible agricultural products, then it is permissible to buy and sell shares in it; the same applies to companies which deal in real estate, manufacturing, etc. It is permissible to buy the shares of other people and pay them the price immediately, so that one will not be selling a loan for a loan. Excluded from this are companies which deal in haraam things, such as selling alcohol, tobacco and music tapes. It is not permitted to have shares in these companies, or to buy these shares. If the company openly deals in ribaa (usury, interest), then it is not permissible to deal with it. but if a manufacturing, agricultural or business company is compelled to deposit its money with the bank in order to protect it from being lost or stolen, then it is permissible because of that necessity for the owners of the company to get rid of the interest which the bank gives them on 151

Jurisprudence and Islamic Rulings

their deposits. Companies should also avoid using ribabased loans in order to set up production lines and factories; that should be achieved by using cash and the money of the shareholders. And Allaah is the source of strength. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 12047: Investing in football clubs Question: What is the ruling on investing in football clubs in Europe? Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who answered as follows: There are many wrong things involved in football, such as showing the ‘awrah (parts of the body that should be covered) and swearing, etc. Taking part in these things is haraam. So let them look for something else, and Allaah will provide for them. Shaykh Muhammad ibn Saalih al-‘Uthaymeen (www.islam-qa.com) 10064: Draws of investment bonds (“premium bonds”) Question: Here in Egypt we have something called investment bonds 152

Transactions - Part 6

which are sold in the banks. They are known as “Group C” bonds, and they carry no profit, i.e., if you buy a certificate, then you want to return it, even ten years later, or more, or less, you will get back the same amount as you paid for it. Then the computer selects a number of one of the certificates that have been sold, and this wins first prize; there also second, third prizes and so on, as many as 400 prizes. The first prize is twenty thousand (Egyptian) pounds. What I want to know is, if I buy one of these bonds then I am one of the prize-winners, is it permissible for me to take this money or not? Will I be committing a sin? Answer: Praise be to Allaah. What you have described in your question is a kind of gambling (lottery), and it is haraam. In fact it is a major sin, according to the Qur’aan, Sunnah and scholarly consensus. And Allaah is the source of strength. May Allaah bless our Prophet Muhammad and his family and companions, and grant them peace. Standing Committee on Academic Research and Issuing Fatwas, 13/305 (www.islam-qa.com) 8886: Large amount for holder of investment bonds Question: is issuing investment bonds (Group C) which is a kind of certificate that you purchase from the bank, and there is a draw based on these certificates every month. The winning 153

Jurisprudence and Islamic Rulings

certificate gets a large amount of money. At the same time, holders of these certificates still keeps the value of the certificates and can withdraw their money at any time. What is the Islamic ruling on this amount of money that is won by the holder of the winning certificate? Answer: Praise be to Allaah. If the matter is as you describe, this transaction is a kind of gambling and is a major sin, because Allaah says (interpretation of the meaning): “O you who believe! Intoxicants (all kinds of alcoholic drinks), and gambling, and AlAnsaab (animals that are slaughtered on stone altars for idols), and AlAzlaam (arrows for seeking luck or decision) are an abomination of Shaytaan’s (Satan’s) handiwork. So avoid (strictly all) that (abomination) in order that you may be successful. Shaytaan (Satan) wants only to excite enmity and hatred between you with intoxicants (alcoholic drinks) and gambling, and hinder you from the remembrance of Allaah and from AsSalaah (the prayer). So, will you not then abstain?” [al-Maa’idah 5:90-91] The person who deals in these things must repent to Allaah, seek His forgiveness and avoid dealing in these things; he must get rid of any money that he has earned in this manner, so that Allaah will accept his repentance. And Allaah is the source of strength. May Allaah bless our Prophet Muhammad and his family and companions, and grant them peace. Standing Committee on Academic Research and Issuing Fatwas, 13/301 (www.islam-qa.com) 154

Transactions - Part 6

2467: Investing in Internet services Question: i am a new muslim and god have show the way to his paradise i would like to know what islam says about internet i would like to invest in Microsoft, but he’s providing internet, and it’s op to the surfer or the user to decide which or where he would like to surf this time, is it to see bad pictures of naked women or is it useful information, In the U.S 60 % of the users off internet are surfing in bad web sites Answer: Praise be to Allaah. Since you have some doubts about the matter, and since you say that this kind of investment includes making it possible for users to access both useful and harmful information, and that more than half of users are accessing bad websites, then you should pay heed to the hadeeth of the Prophet (peace and blessings of Allaah be upon him): “Leave that which makes you doubt for that which does not make you doubt.” (Reported by al-Tirmidhi, 2442; he said that this is a saheeh hasan hadeeth). So forget about this field and look for another kind of investment which will be halaal. May Allaah help you and us to earn from good and pure sources. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 155

Jurisprudence and Islamic Rulings

Chapter 7 Transactions Business and Finance: Business Partnerships 45898: A pyramid-marketing company that sells da’wah tapes Question: There is a company that operates like the “Business” company, but in return for money paid they sell da’wah tapes that guide to the truth. How should we respond to them?. Answer: Praise be to Allaah. In the answer to question no 40263 we have already stated that it is haraam to participate in pyramid-selling schemes like the “Business” company, even if these companies sell a real product that has some value, because the aim is not to sell that product, rather the aim is marketing, and pyramid marketing is based on ambiguity and consuming people’s wealth unlawfully. Shaykh Saami ibn Ibraaheem al-Suwaylim said: The essential idea behind pyramid marketing is simple and may be summed up as follows: A person buys the company’s products in return for the opportunity to convince others to do what he did (i.e., to buy the 156

Transactions - Part 6

company’s products too), in return for which he takes commission. Then each of these people who joined the scheme convinces yet others to join too, and the first one gets additional commission, and so on. He also said concerning the “Tasweeq net” (marketing net) company – which is a company that sells real products – This system mentioned in the question is a pyramid marketing scheme, no matter what form it takes, in which the person who joins it convinces others to buy so that they can also join the marketing scheme. So long as the commission is greater than the value of the product, the primary goal behind buying is the commission and the product is secondary. Based on that, this is not allowed according to sharee’ah because it involves ambiguity and consuming people’s wealth unlawfully, since the one who joins the scheme does not know whether he will succeed in convincing others to join or not. If he succeeds then he will profit at their expense from their subscriptions, otherwise he will lose the money that he paid to join the scheme, and those who joined through him will be subject to the same risks. Each level in the pyramid will lose, unless there is a level beneath them which can bear the brunt of the loss, and so on. For more information see the answer to question no. 43595 And Allaah knows best. Islam Q&A (www.islam-qa.com) 46595: Is it permissible to subscribe to the “Tasweeq Net” company? Question: Is it permissible to subscribe to the “Tasweeq Net (marketing net)” company?. 157

Jurisprudence and Islamic Rulings

Answer: Praise be to Allaah. This company’s activities are similar to those of the “Business” company, and the scholars have stated that it is haraam to subscribe to this company. The “Tasweeq net” company is no different from “Business” apart from the fact that they sell a product that has some value, but the purpose is not the product, rather it is marketing. These companies are based on what is known as “pyramid selling”. Shaykh Saami ibn Ibraaheem al-Suwaylim said: The essential idea behind pyramid selling is simple and may be summed up as follows: a person buys the company’s products in return for the opportunity to convince others to do what he did (i.e., buy the company’s products), and he receives payment or commission in return for that. Then each of these people who joined the program has to convince others to buy as well, and the first one gets increased commission [?] and so on. The reason why it is haraam to join this type of program may be explained by the following points: 1 – It is based on consuming wealth unlawfully 2 – It is based on ambiguity (and deceit) that is forbidden in sharee’ah. Consuming wealth unlawfully: It is clear from the above that this kind of program cannot grow without there being someone who will lose out to the interests of those who profit from it, whether it stops growing or not. Loss is inevitable for the final levels of the pyramid in all cases, and without it the higher levels 158

Transactions - Part 6

cannot gain their astronomical commission. The losers will be in the majority and only a few will profit, i.e., the few will take the wealth of the majority unlawfully. This is consuming wealth unlawfully which the Qur’aan forbids. The economists call this a zero-sum game, whereby what some gain is what the others lose. Ambiguity: The basic meaning of the kind of ambiguity that is haraam is paying money in exchange for something which one thinks is most likely not to exist, or may exist in a manner that is not desired. Hence the fuqaha’ said: ambiguity is uncertainty between two things, the most likely of which is the one that the person fears or dislikes most. The one who joins these schemes pays money in return for profits that are unlikely to be realized. Conclusion: Schemes that are based on pyramid selling, including the scheme mentioned in the question, are based on consuming wealth unlawfully and deceiving others, because this pyramid cannot continue forever, and when it stops the result will be that a few will gain at the expense of the majority. The logic of pyramid marketing depends on huge profits for the top levels at the expense of the lower levels of the pyramid, and the last levels will always lose out, even if we assume that the pyramid will never end. The fact that there is a product does not make this scheme permissible, rather this makes it come under the heading of deceit which is haraam. And Allaah knows best. The Shaykh also said concerning the “Tasweeq net” company in particular: The system mentioned in the question is a pyramid 159

Jurisprudence and Islamic Rulings

marketing system, which may appear in a variety of forms, but may be summed up as being a system where the subscriber persuades others to buy in order to join the marketing scheme. As long as the commission is greater than the price of the product, the aim behind buying is primarily to earn commission; the product is a secondary concern. Based on that, it is not allowed according to sharee’ah because it involves ambiguity and consuming wealth unlawfully, because the subscriber does not know whether he will succeed in convincing others to join or not. If he does succeed, he will be making profit at their expense and the expense of the money they pay to subscribe, and if he does not then he will lose out to the tune of whatever portion of his original payment went towards marketing, and those who joined through him will suffer the same fate, so every level of the pyramid will lose out, unless there is a level or two beneath him who will bear the brunt of the loss, and so on. See also questions no. 40263 and 41620. And Allaah knows best. Islam Q&A (www.islam-qa.com) 9384: Is it permissible to make wives partners in commercial companies? Question: my husband and his brothers started a partnership business in which they have made their wives as partners of the firm. As it is a family firm now my sister in law says that though the buiness is on the wives names the wives have no right over the business because there is no partnership business between the husband and wife in Islam.is tis true? 160

Transactions - Part 6

Answer: Praise be to Allaah. What your husband’s sister said has no basis in sharee’ah. There is no reason why a wife – or a sister, mother or daughter – should not be a business partner of her husband. The basic principle concerning business dealings is that they are permissible, and the basic principle concerning partnerships is that they are open to all. Whoever says that they are not allowed has to produce evidence to prove it. Whether the wife enters the partnership by means of paying a certain amount of money or she is given some of the shares in the company for free, it is OK for her to be a partner. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 2371: Business partnerships between Muslims and kaafirs Question: What is the ruling on business partnerships between Muslims and kaafirs, especially given that this practice is widespread among the Muslims living in kaafir countries, and among Muslim businessmen who bring kaafir companies to work in Muslim countries? Answer: Praise be to Allaah.

161

Jurisprudence and Islamic Rulings

Differences of religion do not prevent the establishment of a partnership between a Muslim and a kaafir, but some scholars laid down the condition that the kaafir should not be the only one to run the business and take decisions, because he may engage in riba (usury/interest) or may not be careful to avoid things that the Muslim would avoid. The Hanbalis said that whatever the kitaabi (Christian or Jew) buys or sells of intoxicants with the money of the company or silent partnership (mudaarabah), is an invalid transaction, and he has to be the guarantor of it. The Maalikis said that the partnership of a dhimmi (non-Muslim living under Islamic rule) with a Muslim is valid, provided that the Muslim is present when the kaafir takes decisions. However, if the Muslim suspects that the non-Muslim is engaging in riba, it is mustahabb (recommended) for him to give the profits of it in charity, as Allaah says (interpretation of the meaning): “… you shall have your capital sums…” [al-Baqarah 2:279]. The Shaafa’is say that in general, partnerships with kaafirs are makrooh. To sum up, partnerships between Muslims and kaafirs are permissible if the field of work is permitted and the way in which business is conducted is permitted. The Muslim should not leave the kaafir to run the business on his own; he should keep an eye on him and make sure that the kaafir is not introducing anything haraam into the business; if the Muslim is the one who is running the business, this is preferable. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 162

Transactions - Part 6

Chapter 8 Transactions Business and Finance: Forbidden Transactions 52724: Their father left instructions that a waqf be set up, but they have not carried it out Question: My father died and left property to his heirs, except for one house which he said was to made a waqf for the sake of Allaah, and its income was to be spent on the poor and needy (as an ongoing charity). But the heirs did not follow the instructions left in his will and they sold their shares to the youngest brother. I am the oldest brother and I did not sell my share out of fear of Allaah. But my young brother is putting a lot pf pressure on me and he wants me to sell my share as well. Is it permissible for me to get rid of this problem by selling my share and donating the money to a charitable cause or building a mosque (as an ongoing charity) for my father?. Answer: Praise be to Allaah. Making a will is prescribed according to the Qur’aan and Sunnah, and scholarly consensus. Allaah says (interpretation of the meaning): “It is prescribed for you, when death approaches any of you, if he leaves wealth, that he makes a bequest to parents 163

Jurisprudence and Islamic Rulings

and next of kin, according to reasonable manners. (This is) a duty upon Al-Muttaqoon (the pious)” [al-Baqarah 2:180] And the Prophet (peace and blessings of Allaah be upon him) said: “Allaah has given you authority over the disposal of one-third of your wealth, at the time of your death, so that you may able to add to the record of your good deeds.” Narrated by Ibn Maajah 2709; classed as hasan by al-Albaani in Saheeh Ibn Maajah. A waqf (Islamic endowment) is a kind of ongoing charity from which the donor may benefit after his death, as the Prophet (peace and blessings of Allaah be upon him) stated when he said: “When a man dies, all his good deeds come to an end except three: ongoing charity, beneficial knowledge, and a righteous son who will pray for him.” Narrated by Muslim, 1631. It is not permissible to bequeath more than one-third of one’s wealth, because the Prophet (peace and blessings of Allaah be upon him) said to Sa’d ibn Abi Waqqaas (may Allaah be pleased with him) when he wanted to bequeath all of his wealth: “One-third, and one-third is a lot.” Narrated by al-Bukhaari, 2742; Muslim, 1628. If this house is equivalent to one-third of the estate or less, then all of it is a waqf. If it is more than one-third, then the part of it that is a waqf is whatever is equivalent to one-third of the estate. Secondly: It is not permissible to sell a waqf, or to take possession of it or seize it. It is not permissible for the heirs to include it with the rest of the estate and share it out. According to the hadeeth of ‘Umar ibn al-Khattaab (may 164

Transactions - Part 6

Allaah be pleased with him), when he wanted to give some land in Khaybar as a waqf, the Prophet (peace and blessings of Allaah be upon him) said to him: “It is not to be sold, given as a gift or inherited…” Narrated by alBukhaari, 2764; Muslim, 1633. Based on this, it is not permissible for you to agree to your brother’s demand to sell to him; rather this house is not your property that you can sell. Now you are standing in their way, so do not give in to them. Carry on refusing, and may Allaah guide them. Your brother’s selling it before is an invalid transaction. You have to advise them to fear Allaah and advise your youngest brother to give the money back, and make it a waqf as instructed by your father. Scare them with the punishment of Allaah and the punishment for consuming forbidden wealth, for every body that is nourished from haraam earnings, the Fire is more fitting for it. We ask Allaah to guide you and help you to do that which is best for you in this world and in the Hereafter. And Allaah knows best. Islam Q&A (www.islam-qa.com) 11502: Ruling on buying and keeping stuffed animals Question: It is permissible to buy and sell and to keep stuffed animals?. 165

Jurisprudence and Islamic Rulings

Answer: Praise be to Allaah. Firstly: Allaah and His Messenger (peace and blessings of Allaah be upon him) forbade wasting money. Al-Bukhaari (5975) and Muslim (593) narrated from al-Mugheerah ibn Shu’bah that he said: I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say: ‘Allaah has forbidden three things: gossip, asking too many questions, and wasting money.’” Each person will be asked, on the Day of Resurrection, about his wealth: where he acquired it from and on what he spent it. Narrated by al-Tirmidhi, 2417; classed as saheeh by alAlbaani in Saheeh al-Tirmidhi. Secondly: The Muslim whom Allaah has blessed with surplus wealth should thank his Lord for this wealth, and send it forth for his Hereafter by spending it on charitable purposes. One of the greatest means of doing so is by helping his Muslim brothers and meeting their needs. This is what is required by the brotherhood of faith. Allaah says (interpretation of the meaning): “The believers are nothing else than brothers (in Islamic religion)” [al-Hujuraat 49:10] And the Prophet (peace and blessings of Allaah be upon him) said: “The Muslim is the brother of his fellow Muslim.” Narrated by al-Bukhaari and Muslim. 166

Transactions - Part 6

It is no secret that many Muslims are suffering from hunger and sickness in many parts of the world. Thirdly: Shaykh Ibn Baaz was asked about the ruling on keeping stuffed birds and animals, and what is the ruling on selling them? Is there any difference between animals which it is haraam to keep when alive and animals which it is permitted to keep when alive, if they are stuffed? He replied: Keeping stuffed birds and animals, regardless of whether it is haraam or permissible to keep them when alive, is a waste of money and a kind of extravagance, because these things cost money. Allaah has forbidden extravagance and wastefulness, and the Prophet (peace and blessings of Allaah be upon him) forbade wasting money. This is also a means of making images of birds etc that have souls, and displaying them in houses, offices, etc, which is haraam. So it is not permissible to sell them or keep them. Majmoo’ah Fataawa Ibn Baaz, 5/377. Islam Q&A (www.islam-qa.com) 47244: His father wants him to help him in his business which involves some things that go against sharee’ah Question: I work in the field of audio and video via computer and satellite (all of it is Islamic and da’wah work, by the grace of Allaah). I have good experience, praise be to Allaah. My father wants me to work with him in our business,

167

Jurisprudence and Islamic Rulings

but I have a few problems, the first of which is that I am not good at business. The second problem is that this business involves some things that are not Islamic, such as notebooks on which are pictures of animate beings, and music books, and cards with pictures of animate beings, and playing cards and shavers. (I live in a country where most men do not have beards). Answer: Praise be to Allaah. Undoubtedly honouring one’s parents is one of the greatest acts of worship by means of which a person may draw closer to his Lord. Allaah has enjoined good treatment of them in all circumstances, even if they disbelieve in Allaah. We have already discussed this in questions no. 22782, 5326 and 5053. With regard to what you have mentioned, try to convince your father to let you do work that you are good at, through which you can produce something good for others, for every one has an affinity with that for which he was created. Part of doing things well and fulfilling the trust is for each person to be placed in a job for which he is suited. Part of failing to work well, wasting money and neglecting the trust is to assign work to those who are not qualified to do it. Then try to help him to find a good and trustworthy alternative, who can help him with his business instead of you, even if you have to pay part of his wages. Do that to please your father. If the situation requires you to spend part of your free time with your father, then do that. 168

Transactions - Part 6

“and do good. Truly, Allaah loves Al-Muhsinoon (the good-doers)” [al-Baqarah 2:195] “and be dutiful and good to parents” [al-Baqarah 2:83] If you try hard to do that, but you do not manage to convince your father, then my advice to you is that you should take a leave of absence from your current job, if possible, and join your father in his work for this period. Perhaps things will go as you wish during this time. If you cannot take this leave of absence, then you do not have to give up your job or pay any of your wealth or divorce your wife in order to please your parents, if that will cause harm to you. Your not obeying them in this case is not regarded as ‘uqooq (the defiant disobedience of parents that is forbidden in Islam), in sha Allah. See question no. 9594 and 47040. A man said to Imam Ahmad: I have a slave woman and my mother is asking me to sell her. He said: Are you afraid that your heart will follow her? (i.e., are you afraid that your heart will remain attached to the slave woman if you sell her?). He said: Yes. He said: Do not sell her. He said: But she (my mother) is saying that she will not be pleased with me unless I sell her. He said: If you fear that (selling the slave woman) will affect you, then she (your mother) has no right to make such demands. Al-Adaab al-Shar’iyyah by Ibn Muflih, 1/448. But you must also strive to soften your father’s heart and be gentle in your dealing with him. Also try to purify your business from selling things that it is forbidden to sell or 169

Jurisprudence and Islamic Rulings

that you think are most likely to be used in haraam ways. Do not sell these things even if you father tells you to do so, because there is no obedience to any created being if it involves disobedience towards the Creator. What you have mentioned about notebooks with pictures on them, this is a problem that is widespread. If these pictures are taken from photographs and are not drawn by hand, then there is no sin in selling these notebooks with these pictures, in sha Allaah, because what is being bought is not the picture in and of itself, but rather the notebook. But if it is a picture of a woman or some indecent image, of which there are many such, then it is not permissible to sell it because that is spreading fitnah and corruption, and because many people look for such pictures. With regard to selling music books, this is haraam, because it is helping in evil. The same applies to selling shavers to one whom one thinks will most likely use it to shave his beard. But if he is going to use it for some permissible purpose, then it is permissible to sell it. Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: My father has a store in which he sells electrical appliances such as TVs, VCRs and some musical instruments, as well as gold watches. He asked me to sit in the shop and sell things, but I refused. Is this considered to be defiant disobedience to my father? What should I do? He replied: This is not defiant disobedience, if you refused to do the haraam action that your father does. But what you have to do is to advise him and tell him that this is haraam and his earnings are haraam. If he follows right guidance, then 170

Transactions - Part 6

this is what you want. But if he does not follow right guidance, then the sin is on him and you will have the reward for advising him, because Allaah said to His Prophet (peace and blessings of Allaah be upon him) (interpretation of the meaning): “Not upon you (Muhammad) is their guidance” [al-Baqarah 2:272] If he tells you: Sit in the store and sell things, do not sell anything that will be used for haraam purposes, but sell the things that people usually use for permissible purposes. So do not sell things such as radios, cassette recorders, VCRs and TVs, because most of those who buy these things are going to use them for haraam purposes. Al-Baab al-Maftooh, 1/192. Islam Q&A (www.islam-qa.com) 40651: Is it permissible to sell haraam things like pork to non-Muslims? Question: I work in a seaport and serve ships that are passing through. Most of these ships are foreign and the people working on them are non-Muslims. The company owner sells pork to these ships sometimes, then he distributes the profits of these sales to us employees and we accept it on the basis that selling pork to non-Muslims is not haraam, and there is no text in the Qur’aan or Sunnah that says that it is haraam to sell it to non-Muslims. And we cannot compare alcohol to pork because pork existed 171

Jurisprudence and Islamic Rulings

at the time of the Messenger (peace and blessings of Allaah be upon him), and if he had wanted to forbid it and curse it he would have done so as he did with alcohol. But there are some people who made us doubt whether this money is halaal. Is it halaal or haraam? If we do not participate in the sale, will it not matter if we take these profits if the company owner gives them to us like an act of charity? Do we have the right to accept charity when we know its origin? Is there any hadeeth in which the Messenger (peace and blessings of Allaah be upon him) stated clearly and unequivocally that it is haraam to sell pork to non-Muslims? Because pork is not haraam for the People of the Book. Answer: Praise be to Allaah. Firstly: It is not permissible for anyone to issue fatwas concerning the religion of Allaah without knowledge. It is essential to understand the seriousness of doing that, because Allaah says (interpretation of the meaning): “Say (O Muhammad): (But) the things that my Lord has indeed forbidden are AlFawaahish (great evil sins and every kind of unlawful sexual intercourse) whether committed openly or secretly, sins (of all kinds), unrighteous oppression, joining partners (in worship) with Allaah for which He has given no authority, and saying things about Allaah of which you have no knowledge” [al-‘Araaf 7:33] So it is not permissible for anyone to say, this is halaal 172

Transactions - Part 6

and that is haraam, if he has no sound evidence to that effect. Allaah says (interpretation of the meaning): “And say not concerning that which your tongues put forth falsely: ‘This is lawful and this is forbidden,’ so as to invent lies against Allaah. Verily, those who invent lies against Allaah will never prosper” [al-Nahl 16:116] Secondly: Selling pork is haraam whether it is sold to a Muslim or to a kaafir. The evidence for that is as follows: 1 – Allaah says (interpretation of the meaning): “Say (O Muhammad): I find not in that which has been revealed to me anything forbidden to be eaten by one who wishes to eat it, unless it be Maytah (a dead animal) or blood poured forth (by slaughtering or the like), or the flesh of salcohol (pork); for that surely, is impure or impious (unlawful) meat (of an animal) which is slaughtered as a sacrifice for others than Allaah (or has been slaughtered for idols, or on which Allaah’s Name has not been mentioned while slaughtering” [al-An’aam 6:145] And the Messenger (peace and blessings of Allaah be upon him) taught us an important principle when he said: “When Allaah forbids a thing, He (also) forbids its price.” Narrated by Abu Dawood, 3488; classed as saheeh by Shaykh al-Albaani in Ghaayat al-Maraam, 318. 2 – It was narrated from Jaabir ibn ‘Abd-Allaah (may Allaah be pleased with him) that he heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say when he was in Makkah at the time of the Conquest: 173

Jurisprudence and Islamic Rulings

“Allaah and His Messenger have forbidden the sale of alcohol, dead meat, pork and idols.” It was said: “O Messenger of Allaah, what do you think of the fat of dead animals, for ships are caulked with it and animal skins are daubed with it, and the people use it to light their lamps?” He said: “No, it is haraam.” Then the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “May Allaah curse the Jews, for when Allaah forbade them animal fat, they melted it down and sold it, and consumed its price.” Narrated by al-Bukhaari, 1212; Muslim, 1581. Al-Nawawi said: With regard to dead meat, alcohol and pork, the Muslims are unanimously agreed that it is haraam to sell all of these. Al-Qaadi said: This hadeeth indicates that whatever we are forbidden to eat or make use of, we are also forbidden to sell, and it is not permissible to consume its price, as in the case of the animal fat mentioned in this hadeeth. Sharh Muslim, 11/8 Ibn Rajab al-Hanbali said, after quoting the ahaadeeth about the prohibition on alcohol: The conclusion we may draw from all these ahaadeeth is that whatever Allaah has forbidden us to make use of, it is also haraam to sell it and consume its price, as is stated clearly in the hadeeth: “When Allaah forbids a thing, He (also) forbids its price.” This is a general, comprehensive phrase which applies to everything which is intended to be used in haraam ways. These fall into two categories: (i) Things which are to be used and will remain as they are, such as idols. The purpose for which they are used is 174

Transactions - Part 6

shirk or association of others with Allaah, which is the greatest of all sins. We may add to that books of shirk, witchcraft, innovation (bid’ah) and misguidance, forbidden images, forbidden means of entertainment and also buying slave women who will serve as singers. (ii) Things which are to be used and which will be used up. If in the majority of cases a thing is used for haraam purposes, then it is haraam to sell it. For example, it is haraam to sell pork, alcohol and dead meat even though they may – on rare occasions – be used for a permissible purpose, such as eating dead meat for those who are in extreme need, or using alcohol to stop oneself choking or to putt out a fire, or using pig hairs for beading, or making use of the hair and skin of a pig – according to those who approve of that. But because these are not the reason for which these things are produced, and the usual use for pigs and dead meat is to eat them, and the usual use for alcohol is to drink it, so no attention should be paid to these reasons, and it is haraam to sell these things. The Prophet (peace and blessings of Allaah be upon him) indicated this when it was said to him: “What do you think of the fat of dead animals, for ships are caulked with it and animal skins are daubed with it, and the people use it to light their lamps?” He said: “No, it is haraam.” Jaami’ al-‘Uloom wa’l-Hukam, 1/415, 416 The Standing Committee was asked: Is it permissible to deal in alcohol and pork if one is not selling them to a Muslim? They replied: It is not permissible to deal in foods and other things that Allaah has forbidden, such as alcohol and pork, even if one is selling them to kaafirs, because it is proven that the Prophet (peace and blessings of Allaah be upon him) said: “When Allaah forbids a thing, He also forbids its price.” And because the Prophet (peace and blessings of Allaah be upon him) cursed alcohol, the 175

Jurisprudence and Islamic Rulings

one who drinks it, the one who sells it, the one who buys it, the one who carries it, the one to whom it is carried, the one who consumes its price, the one who squeezes (the grapes, etc) and the one for whom it is squeezed. Fataawa al-Lajnah al-Daa’imah, 13/49. Thirdly: With regard to the questioner saying, “selling pork to nonMuslims is not haraam, and there is no text in the Qur’aan or Sunnah that says that it is haraam to sell it to nonMuslims”, this is not correct. We have quoted above evidence from the Qur’aan and Sunnah, and have stated that the scholars are agreed that it is haraam to sell pork. The general meaning of the evidence indicates that it is haraam to sell it to Muslims and kaafirs alike, because the evidence indicates that the prohibition on selling it is general in application, and no differentiation is made between Muslims and others. Indeed, if we were to say that what is meant by the prohibition on selling it is selling it to kaafirs, that would not be far-fetched, because the basic assumption concerning the Muslim is that he would never buy pork: what would he do with it when he knows that Allaah has forbidden it? Similarly, the questioner’s saying that “pork existed at the time of the Messenger (peace and blessings of Allaah be upon him), and if he had wanted to forbid it and curse it he would have done so as he did with alcohol” is also not correct, because it is not essential for a thing to be forbidden that the Messenger (peace and blessings of Allaah be upon him) should have cursed the one who does it. Rather it is sufficient that he forbade it or stated that it is haraam, as he forbade the sale of pork. Fourthly: 176

Transactions - Part 6

With regard to your taking this money, now that you know that it is haraam, it is more befiiting for you to refuse to take it, especially since your taking it is like giving approval to what the company owner is doing. You have to advise him, denounce what he is doing and exhort him to give up these haraam actions. Whoever gives up something for the sake of Allaah, Allaah will compensate him with something better than it. With regard to the money that you took before you found out that it is haraam, there is no sin on you, in sha Allah. Allaah says in the verses in which He forbids riba (usury, interest) (interpretation of the meaning): “So whosoever receives an admonition from his Lord and stops eating Ribaa, shall not be punished for the past; his case is for Allaah (to judge)” [al-Baqarah 2:275] See also questions no. 2429, 8196. We ask Allaah to granted you a halaal and blessed provision. And Allaah knows best. Islam Q&A (www.islam-qa.com) 10315: Ruling on draws for cars Question: What is the ruling on draws for cars or for household appliances such as washing machines, freezers, TVs etc. that are held by some markets and businesses? Answer: Praise be to Allaah. 177

Jurisprudence and Islamic Rulings

That is not permitted, because they are benefiting themselves and harming others. They offer a prize of a car or freezer, etc., and say that whoever buys such and such can take part in this competition, and we will draw one of the names, and if he wins he will get a car worth one hundred thousand or whatever. So the people rush to them and maybe ten thousand or twenty thousand customers come, but only one will win the competition and the rest will lose. Thus they harm the owners of other stores because the people rush to them and ignore the other stores which causes harm to the others. Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 21181: Ruling on selling spectacles, watches and vessels with gold plating Question: What is the ruling on selling men’s watches and spectacles that are plated with real gold, and vessels for home use and medical equipment that is plated with gold, for men and women?. Answer: Praise be to Allaah. If the matter is as described, it is not permissible to sell vessels and medical equipment that is plated with gold or silver to either men or women, because the Prophet (peace and blessings of Allaah be upon him) said: “Do not drink from vessels of gold or silver, and do not eat from plates made (of gold or silver). They are for them in this world and for us in the Hereafter.” Saheeh – agreed upon. 178

Transactions - Part 6

And the Prophet (peace and blessings of Allaah be upon him) said: “The one who eats from a vessel of silver is taking fire from Hell into his belly.” Saheeh – agreed upon; this version was narrated by Muslim. All other uses that have to do with food and drink are also forbidden, because of the general meaning of these reports and so as to prevent the means that may lead to evil. Similarly it is not permissible for men to use watches and spectacles that are gold-plated. And it is not permissible to sell such items to men. May Allaah help us and you to do all that is good. Fataawa al-Lajnah al-Daa’imah, 22/156. (www.islam-qa.com) 12681: It is not permissible to exchange old gold for new gold and pay the difference in value Question: Is it permissible to exchange old gold for new gold, and pay the difference in value to the goldsmith?. Answer: Praise be to Allaah. It is not permissible to exchange worn-out gold for good gold and pay the difference. This is haraam and is not permissible. That is indicated by the reports proven in alSaheehayn and elsewhere in the story of Bilaal (may Allaah be pleased with him), who brought some good 179

Jurisprudence and Islamic Rulings

dates to the Prophet (peace and blessings of Allaah be upon him) and he said to him: “Where did these come from?” Bilaal said: “We had some bad dates and I paid two saa’s of them for a saa’ so that the Prophet (peace and blessings of Allaah be upon him) might have some of it.” The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Oh! Do not do that, (it is) the essence of riba, the essence of riba.” Narrated by alBukhaari, 3212. The Messenger (peace and blessings of Allaah be upon him) stated that giving more when equal amounts should be exchanged because of the difference in quality is the essence of riba, and it is not permissible to do that. But the Messenger of Allaah (peace and blessings of Allaah be upon him), as was his wont, pointed out the permissible way. The Prophet (peace and blessings of Allaah be upon him) told him to sell the bad dates for money (dirhams) and then buy the good dates with the money. Based on this we say: If a woman has some worn-out gold or gold that people no longer wear, she can sell it in the market and take the money, then buy good gold of her choosing. This is the way taught by our Prophet (peace and blessings of Allaah be upon him), Shaykh Muhammad ibn ‘Uthaymeen , Majmoo’at As’ilah tahumm al-Usrah al-Muslimah, p. 26-27. (www.islamqa.com) 40409: It is not permissible to buy bank shares or deal in them Question: It is not permissible to buy bank shares or deal in them 180

Transactions - Part 6

Answer: Praise be to Allaah. Bank shares are in fact money, and based on this it is not permissible to buy or sell bank shares because that is selling money for money without meeting the conditions of equal amounts and concluding the exchange in one sitting. Moreover the banks are riba-based institutions and it is not permissible to cooperate with them by either buying or selling, because Allaah says (interpretation of the meaning): “Help you one another in AlBirr and At Taqwa (virtue, righteousness and piety); but do not help one another in sin and transgression. And fear Allaah. Verily, Allaah is Severe in punishment” [al-Maa’idah 5:2] And it was proven that the Prophet (peace and blessings of Allaah be upon him) cursed the one who consumes riba, the one to whom it is given, the one who writes it down and the two who witness it, and he said they are all the same. Narrated by Imam Muslim. All that you are entitled to is your capital. My advice to you and to other Muslims is to beware of all riba-based transactions and to warn against them, and to repent to Allaah from any such transactions you may have engaged in in the past, because riba-based transactions are a kind of war against Allaah and His Messenger (peace and blessings of Allaah be upon him), and are one of the causes of the wrath and punishment of Allaah, and He says (interpretation of the meaning): “Those who eat Ribaa will not stand (on the Day of Resurrection) except like the standing of a person beaten 181

Jurisprudence and Islamic Rulings

by Shaytaan (Satan) leading him to insanity. That is because they say: ‘Trading is only like Ribaa,’ whereas Allaah has permitted trading and forbidden Ribaa. So whosoever receives an admonition from his Lord and stops eating Ribaa, shall not be punished for the past; his case is for Allaah (to judge); but whoever returns (to Ribaa), such are the dwellers of the Fire — they will abide therein” [al-Baqarah 2:275] And Allaah says (interpretation of the meaning): “O you who believe! Be afraid of Allaah and give up what remains (due to you) from Ribaa (from now onward) if you are (really) believers. 279. And if you do not do it, then take a notice of war from Allaah and His Messenger but if you repent, you shall have your capital sums. Deal not unjustly (by asking more than your capital sums), and you shall not be dealt with unjustly (by receiving less than your capital sums)” [al-Baqarah 2:278-279] And please note the hadeeth referred to above. Shaykh ‘Abd al-“Azeez ibn Baaz (may Allaah have mercy on him). Fiqh wa Fataawa al-Buyoo’ (Jurisprudence and rulings on financial transactions) by Ashraf ‘Abd al-Maqsood, p. 360 (www.islam-qa.com) 41052: Ruling on Selling cosmetics Question: I have a store that sells cosmetics and hairdressing supplies. Is this profession halaal or haraam?. 182

Transactions - Part 6

Answer: Praise be to Allaah. The ruling on working in such places depends on the details. 1 – If you are selling these things to people who you know will use them for the purposes of haraam wanton display (tabarruj), then it is not permissible. 2 – If you are selling them to people who you know will use them for permissible kinds of adornment, then it is permissible. 3 – If you do not know anything about the person who is buying them, then the basic principle is that it is permissible. It is not permissible to sell them if the vendor knows that the one who buys them is going to use them in ways that Allaah has forbidden, because that is a kind of helping in sin and transgression. But if he knows that the purchaser is going to use them to adorn herself for her husband or he does not know anything, then it is permissible for him to deal in them. See Fataawa al-Lajnah al-Daa’imah, 13/67. And Allaah knows best. Islam Q&A (www.islam-qa.com) 22869: It is not permissible to sell gold for money unless the full price is paid in the same sitting Question: I have a jewellery store and some of my relatives or friends 183

Jurisprudence and Islamic Rulings

come to me to buy gold, and they ask me to let them take the gold and they will give me the money a day or two after that. I am afraid that if I tell them that this is haraam, this will lead to breaking of the ties of kinship. Answer: Praise be to Allaah. It is not permissible to sell gold for money unless the gold and the money are handed over in the same sitting. This is what has been stated by the fuqaha’. This is called taqaabud (a reciprocal taking possession of commodity and its monetary equivalent by buyer and seller respectively), in which the buyer takes the gold, and the seller takes the money (in the same sitting). It is not permissible to sell gold if there is no taqaabud. See question no. 2239. What you have to do is to explain this to those who buy from you, and what a Muslim has to do is to listen and obey whatever Allaah and His Messenger (peace and blessings of Allaah be upon him) have commanded. You are not doing this because you do not trust them, for example, rather you are doing it in order to follow the sharee’ah. You should explain this in a kind and gentle manner. Shaykh Muhammad ibn Saalih ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: What is the ruling on giving gold before receiving the money for it, if it is given to a relative because of the fear of severing the ties of kinship and I am aware that he will pay for it even if that is after some time? He replied: 184

Transactions - Part 6

You should be aware of the general principle that it is not permissible to sell gold for money at all unless the price is paid in full immediately. It makes no difference if the customer is a relative or a stranger, because the religion of Allaah does not favour one at the expense of the other. If your relative gets angry with you for obeying Allaah, then let him get angry, for he is the wrongdoer and sinner who wants you to disobey Allaah, and in fact you have honoured him by preventing him from entering into a kind of transaction with you that is haraam. If he gets angry or cuts off ties with you for this reason, then he is the sinner and there is no sin on you. Fiqh wa Fatwa al-Buyoo’, compiled by Ashraf ‘Abd alMaqsood, p. 389. Islam Q&A (www.islam-qa.com) 49045: It is not permissible to exchange old gold for new gold and pay the difference in price Question: Is it permissible to exchange old gold that I have for new gold, and pay the goldsmith the difference in price?. Answer: Praise be to Allaah. It is not permissible to exchange low-quality gold for good gold and pay the difference. This is haraam and is not permissible, and the evidence for that is the report narrated in al-Saheehayn and elsewhere in the story of Bilaal (may 185

Jurisprudence and Islamic Rulings

Allaah be pleased with him) who came to the Prophet (peace and blessings of Allaah be upon him) with some good dates and he said: “Where did you get these from?’ Bilaal said: I had some bad dates and I sold two saa’s of them for one saa’ so that the Prophet (peace and blessings of Allaah be upon him) might eat from it. The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Oh, do not do this, it is the essence of riba, the essence of riba.” So Messenger (peace and blessings of Allaah be upon him) explained that adding more to things that should be regarded as equal because of the difference in quality is the essence of riba, and it is not permissible to do that. But as he usually did, the Messenger of Allaah (peace and blessings of Allaah be upon him) showed him a permissible way. The Prophet (peace and blessings of Allaah be upon him) told him to sell the bad dates for dirhams, then use the dirhams to buy good dates. Based on this, we say that if a woman has low quality gold or gold that people no longer wear, she can sell it in the market, then take the money and buy good gold. She should do it in this way that was taught to us by our Prophet (peace and blessings of Allaah be upon him). Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him). Fiqh wa Fataawa al-Buyoo’, complied by Ashraf ‘Abd al-Maqsood, p. 386. (www.islam-qa.com) 49844: He is asking about dolls and three-dimensional toys, and whether that affects his fast Question: Iam working in a toy shop we also sell dolls and human shaped toys ,what is the ruling on this? and is it permissible for me to open my fast later cause of my work?.

186

Transactions - Part 6

Answer: Praise be to Allaah. We have already explained that it is haraam to make images and statues (question no. 7222) and that it is haraam to buy and sell them (question no. 49676. But if these images and dolls are toys for children, the Sunnah indicates that they are permissible. In alSaheehayn it is narrated that ‘Aa’ishah (may Allaah be pleased with her) said: “I used to play with dolls in the presence of the Prophet (peace and blessings of Allaah be upon him) and I had female friends who would play with me…” al-Bukhaari, 6130; Muslim, 2440. Ibn Hajar said: This hadeeth indicates that it is permissible to have images of girls (i.e., dolls) and toys for girls to play with. This is an exception from the general meaning of the prohibition on having images. This was stated by ‘Iyaad and was narrated from the majority. They permitted the sale of dolls to girls so as to teach them from a young age how to take care of their homes and children. Ibn Hibbaan stated that it is permissible for young girls to play with toys… According to a report narrated by Jareer from Hishaam: “I used to play with dolls.” Narrated by Abu ‘Awaanah and others. Abu Dawood and al-Nasaa’i narrated from ‘Aa’ishah with a different isnaad that she said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) came from the campaign of Tabook or Khaybar…” and he mentioned the hadeeth about the Prophet (peace and blessings of Allaah be upon him) tearing down the curtain on which there were images, that ‘Aa’ishah had put over her door. She said: And he uncovered the niche in which were dolls that ‘Aa’ishah used to play with. He said: “What is this, O ‘Aa’ishah?” 187

Jurisprudence and Islamic Rulings

She said: “My daughters (i.e., dolls).” She said: And he saw among them a horse with two wings tied to it and said: “What is this?” I said: “A horse.” He said: “A horse with two wings?” I said: “Have you not heard that Sulaymaan had horses with wings?” and he smiled. The report mentioned by Ibn Hajar was narrated by Abu Dawood, no. 22813; classed as saheeh by al-Albaani in Ghaayat al-Maraam, 129. Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: With regard to that which does not have complete features and just has some limbs and a head, there is no doubt that this is permissible and that it comes under the same heading as the dolls with which ‘Aa’ishah (may Allaah be pleased with her) used to play. As for that which has complete features, as if you were looking at a person, especially if it can move or has a voice, then I feel hesitant to say that this is permissible, because it is imitating the creation of Allaah. It seems that the toys that ‘Aa’ishah used to play with were not like this, so it is better to avoid them. But I do not say that it is definitely haraam, because concessions may be granted to young children that are not granted to adults in such matters, because it is the natural inclination of young children to play and have fun and they are not obliged to do acts of worship so that we could say that a child is wasting his time with this play. But if a person wants to be on the safe side, let him remove the head or hold it over the fire so that it becomes soft, then he can press it so that the features disappear. Majmoo’ Fataawa al-Shaykh, 2/277-278. With regard to the questioner’s asking whether it is 188

Transactions - Part 6

permissible to start fasting later on of this work, we do not understand exactly what he means. If he means that this work invalidates his fast and what is prescribed is to make up the fast later on, then he should not work in this haraam job. We have already explained that all sins affect the fast and reduce the reward, and may cancel out the reward altogether, if he does a lot of sins, but that does not invalidate the fast and he is not commanded to make it up. Rather he should refrain from committing these sins at all times, especially in Ramadaan. See question no. 37877 and 37989. If the question means something else, then we hope that he will explain it so that we can answer. Islam Q&A (www.islam-qa.com) 49676: He is asking about selling pictures and statues Question: Is selling pictures and statues of animals haraam?. Answer: Praise be to Allaah. We have already explained that it is haraam to manufacture these statues, and that there is a stern warning concerning that and that we are commanded to destroy them. See the answer to question no. 7222. This ruling applies equally to images of anything that has a soul, whether it is a human being or an animal. Based on that, with regard to the ruling on selling these pictures and images, there is no doubt that if it is haraam 189

Jurisprudence and Islamic Rulings

to manufacture them and keep them, it is also haraam to buy and sell them. It is proven in al-Saheehayn and elsewhere that it was narrated from Jaabir ibn ‘Abd-Allaah (may Allaah be pleased with him) that he heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say in the year of the Conquest when he was in Makkah: “Allaah and His Messenger have forbidden the sale of alcohol, dead meat, pork and idols.” It was said: “O Messenger of Allaah, what about the fat from dead meat (i.e., from animals that have died of natural causes)? For it is used to caulk ships and to grease hides, and people use it in their lamps.” He said: “No, it is haraam.” Then the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “May Allaah curse the Jews, for when Allaah forbade animal fat, they rendered it and sold it, and consumed its price.” Al-Bukhaari, 2236; Muslim, 1581. Al-Qaadi ‘Iyaad (may Allaah have mercy on him) said: This hadeeth indicates that whatever we are forbidden to eat or make use of, it is not permissible to sell it or to consume its price. Al-Haafiz Ibn Hajar (may Allaah have mercy on him) said: This indicates that if a thing is forbidden in and of itself, its price is also forbidden. What al-Qaadi and Ibn Hajar mentioned is also proven in a version of this hadeeth that was narrated from Ibn ‘Abbaas (may Allaah have mercy on him), at the end of which it says: “When Allaah forbids eating a thing, He also forbids its price.” [Musnad Ahmad, no. 2223]. Shaykh Ibn Baaz (may Allaah have mercy on him) was asked: Is it permissible for a Muslim to sell statues and make a living from that? 190

Transactions - Part 6

He replied: It is not permissible for a Muslim to deal in statues, because it is proven in the saheeh ahaadeeth that it is haraam to make images or statues of animate beings at all or to keep them. Undoubtedly dealing in them means that one is propagating them and helping others to make images and set them up in homes, clubs and so on. If that is haraam, then income earned by selling them is also haraam. It is not permissible for a Muslim to make a living from that or to buy food or clothing with that money. If a person does that then he must get rid of that money and repent to Allaah, and Allaah will accept his repentance. Allaah says (interpretation of the meaning): “And verily, I am indeed forgiving to him who repents, believes (in My Oneness, and associates none in worship with Me) and does righteous good deeds, and then remains constant in doing them (till his death)” [Ta-Ha 20:82] We have issued a fatwa stating that it is haraam to make images of any animate beings, whether the images are three-dimensional or not, and whether they are made by carving, copying, drawing or with a camera. Al-Jawaab al-Mufeed fi Hukm al-Tasweer by Shaykh Ibn Baaz, 49-50. Islam Q&A (www.islam-qa.com) 34587: It is not permissible to sell something that will be used for sinful purposes Question: I heard from one of the shaykhs that it is permissible to sell and sew women’s dresses that do not cover a woman 191

Jurisprudence and Islamic Rulings

properly, i.e., short dresses, and he quoted as evidence the fact that the Messenger of Allaah (peace and blessings of Allaah be upon him) gave ‘Umar ibn al-Khattaab (may Allaah be pleased with him) a garment of red silk. When ‘Umar wore it and the Messenger of Allaah (peace and blessings of Allaah be upon him) saw him, he said to him: “I gave it to you so that you could give it to someone as a gift, not so that you could wear it.” So ‘Umar gave it to one of the people who had been his friends during the Jaahiliyyah, or some such. Is what he says correct? If it is correct, can this be used as an analogy to permit the sale of cigarettes and tobacco, and women’s pants, and men’s and women’s swimsuits, although Allaah says in His Book (interpretation of the meaning): “Help you one another in AlBirr and AtTaqwa (virtue, righteousness and piety); but do not help one another in sin and transgression” [alMaa’idah 5:2]. Please explain, because there cannot be any contradiction between the Qur’aan and Sunnah. Answer: Praise be to Allaah. This hadeeth was narrated by al-Bukhaari, Muslim and others in several places and with several isnaads, such as the report narrated by al-Bukhaari in the chapter on trade (tijaarah), concerning what it is makrooh for men and women to wear, via Saalim ibn ‘Abd-Allaah ibn ‘Umar from his father who said: The Prophet (peace and blessings of Allaah be upon him) sent to ‘Umar a hullah (two piece suit) made of silk, and he saw it on him (i.e., saw him wearing it). He said: “I did not send it to you for you to wear it, for it is worn by one who has no share in the Hereafter. Rather I sent it to you so that you can benefit from it” – i.e., sell it. This hadeeth indicates that it is permissible to deal in clothes that we are permitted to use 192

Transactions - Part 6

in one way but not in another, and it is permissible to give them as gifts and donations, but the one to whom it is given or donated has to use it the manner which is permitted, not in the manner that is forbidden. For example: Gold jewellery, weapons, knives, grapes, etc, which can be used in permissible ways or in haraam ways. It is permissible to deal in them and to give them as donations and gifts, so long as the one who buys them or is given them will use them in permissible ways, such as selling them, giving them, etc, and he will not make use of them in haraam ways. But if the thing is something which it is haraam to use in any way and under any circumstances, then it is not permissible to deal in it or to give it as a gift, such as pigs, lions and wolves. There is nothing in the hadeeth to indicate that it is permissible to sell the things mentioned, so it is not correct to draw an analogy between selling cigarettes, tobacco, and men’s and women’s bathing suits, and selling things that may be used in some ways but not others or in some situations and not others, because it is haraam to use these things in all cases. And Allaah is the Source of strength. Fataawa al-Lajnah al-Daa’imah, 16/179-181 (www.islamqa.com) 39744: Ruling on selling TVs, VCRs and Playstation Question: I have a store selling electrical equipment. Is it permissible for me to sell TVs, VCRs and Playstations and the disks

193

Jurisprudence and Islamic Rulings

that go in them, knowing that I do not know for what purpose these items will be used?. Answer: Praise be to Allaah. These items – TVs, VCRs, etc – are things that may be used for good and bad purposes, but nowadays they are usually used for evil purposes, such as viewing naked women, and listening to idle entertainment such as music, etc. In this case a person should act according to what he thinks is most likely the case. It is not permissible to sell them to anyone except one who you think will most likely use it for permissible purposes. As for one whom you know or think it most likely will use it for haraam purposes, it is not permissible for you to sell it to him, because Allaah says (interpretation of the meaning): “Help you one another in AlBirr and AtTaqwa (virtue, righteousness and piety); but do not help one another in sin and transgression” [al-Maa’idah 5:2] It says in Fataawa al-Lajnah al-Daa’imah: “Everything that will be used in a haraam manner, or which one thinks will most likely be used in a haraam manner, it is haraam to manufacture it, import it, sell it, and distribute it among the Muslims.” Fataawa al-Lajnah al-Daa’imah, 13/109 The Standing Committee for Issuing Fatwas was also asked the following question: I work as an electronic engineer, and part of my work 194

Transactions - Part 6

involves fixing radios, TVs, VCRs and similar equipment. I hope you can advise me as to whether I should continue in this work, noting that if I give up this work I will miss out on a lot of experience and lose my profession for which I have studied all my life, and leaving it might cause me harm. They replied: The shar’i evidence from the Qur’aan and Sunnah indicates that the Muslim must seek provision from halaal sources. So you should look for work where your income will be halaal. Some of the income from the work that you mention is not halaal, because these machines are usually used for haraam purposes. Fataawa al-Lajnah al-Daa’imah, 14/420. With regard to the Playstation and its disks, they come under the same ruling as mentioned above. It is permissible to sell them to those whom you think will most likely use them for permissible purposes, and it is haraam to sell them to those whom you think will most likely use them for haraam purposes. Many people nowadays use them for haraam purposes, and instead of leisure being something to which a person turns occasionally, leisure has become the main thing for many people, and they spend a lot of their time, money and energy on playing these kinds of games, and going to clubs and swimming pools, travelling, sitting with friends, going on trips, etc. Many of those who use the Playstation and similar games miss prayers because of them, and get distracted from many of their religious and worldly interests, which makes us certain that such things are forbidden. But for those who can put things in their proper place, 195

Jurisprudence and Islamic Rulings

and play these games for a little while as a form of leisure, but do not miss any of their duties or worldly or religious interests because of them, whilst ensuring that the games they play are free of evils such as music and pictures of naked women, etc, then there is no sin in that, in sha Allaah. What matters is that the Muslim should strive to earn halaal money in which there is nothing dubious. He should remember the words of the Prophet (peace and blessings of Allaah be upon him): “Every body that is nourished from haraam sources, the Fire is more fitting for it.” Narrated by al-Tabaraani and classed as saheeh by alAlbaani in Saheeh al-Jaami’, 4519. And Allaah knows best. Islam Q&A (www.islam-qa.com) 40354: Selling a grant before taking possession of it Question: Is it permissible to sell the number of a land grant given by the state? Please note that the land has not been handed over yet, and the person does not know when the handover will be completed; he has only been given a number by the municipality in which it gives the date of application and the number of the application or the grant. He has sold this number to another person and has taken the money on the basis that on the appointed date for the handover he will go back to the municipality and complete the handover procedure, or he will give the buyer authority (power of attorney) to complete the procedures and transfer the land to his name after that. Answer: Praise be to Allaah. 196

Transactions - Part 6

This transaction is not permissible, because this comes under the heading of gharar (ambiguity, uncertainty), and selling that which one does not have. The Prophet (peace and blessings of Allaah be upon him) said: “Do not sell that which you do not have.” Narrated by al-Tirmidhi, 1322; classed as saheeh by alAlbaani in Irwa’ al-Ghaleel, 1292. Moreover the value of this land may fluctuate with time, so this transaction involves ambiguity and uncertainty. And this number is simply a promise which has not yet become the possession of the one who has the paper or number, so how can it be permissible for him to sell it? The Prophet (peace and blessings of Allaah be upon him) forbade selling that which a person does not possess. Moreover, he does not know where the land is located. It may be in an area where the price of land is high, or it may be on the edge of town, or outside the town in an undesirable location. And he does not know whether it is in the middle of a residential area or on the edge; on a main street or a back street; whether there is one street, or two or three? All of these factors will affect the value of the land and people’s interest in it. Based on this, it is not permissible to sell the paper with the number on it, the details of which he knows nothing about. Rather the owner of the document should wait until he gets the land and the grant is executed in reality, and he gets the deed to the land which proves that he owns it and defines its location and size. Then after that he can sell it if he wants to. And Allaah is the Source of strength. Islam Q&A (www.islam-qa.com) 197

Jurisprudence and Islamic Rulings

41620: Brief ruling on the “Business” company Question: I have been offered the opportunity to subscribe to the “Business” program [a kind of multi-level marketing or pyramid scheme], but I am a little hesitant because of the ambiguity involved. I would like to know whether it is permissible for me to join this program or not. Answer: Praise be to Allaah. Joining the company mentioned and other similar companies is not permissible because that involves gambling and deceiving those who subscribe to it, pushing people to buy something they do not need and consuming wealth unlawfully; it also involves ambiguity, deceit and unfair transactions. If we were to ask honestly what is the purpose of most of those who join the “Business” scheme – is it to benefit from the software programs to be found in the first stage of the operation? Or to get involved in marketing in order to make a lot of money quickly in the second stage? – The answer will undoubtedly be that the purpose of most of them is to get involved in marketing, and the amount of one hundred dollars which they pay in the hope of earning money from marketing is like betting and gambling. The subscriber pays one hundred dollars but he does not know how much he will get in return for this hundred, a lot or a little, sooner or later. Moreover if the contract is presented in this manner this involves tempting many unsophisticated people who join 198

Transactions - Part 6

the scheme in the hope that they will be able to recruit enough people to earn commission. One of them complained to me that he made the mistake of paying 40,000 riyaals to make a large number of contracts in his name with different passwords, then he found that what he earned was not enough to pay off the loans that he had taken in order to join this “Business” company. This eagerness that we see in the large number of young people who join this company in the hopes of getting rich quickly makes us wonder about the soundness of this transaction. Even if some of them manage to make a lot of money, this is at the expense of other unsophisticated people who will come to them as customers. Ultimately they will never find people to come after them to increase the size of their own pyramid. How can a believer agree to get rich at the expense of his Muslim brothers’ wealth? In order to solve this problem, the company has invented a new trick which tempts those poor people (who lost money and did not gain anything) and recruit them back so that they will gain more and more money at the expense of those people. This is done renewing their subscription in return for a new amount of money after a year has passed since the original contract, and so on. They sweeten this deceit with the promise of new programs and new publications of the original program with the renewal (of the subscription), but without giving a specific number of programs or new publications. For more information see the detailed answer given in question no. 40263. Islam Q&A (www.islam-qa.com) 199

Jurisprudence and Islamic Rulings

40263: Ruling on “Business” and other scams Question: A few months ago there appeared a company called “Business” which does a kind of marketing. Its idea may be summed up as follows: a person buys the company’s products – which consists of programs (software), a web site and e-mail – for 99 dollars, and after buying he is given the opportunity to market its products to others in return for a set commission. Then this person convinces two others to join the program, meaning that they both buy the company’s products, then they will also have the right to attract other marketers in return for commission. Then each of these also convinces two more people to join, and so on. In this way there will be a network of followers who join the program, like a pyramid. With regard to the way in which the commission is calculated, the company stipulates that the number of individuals who are attracted through the purchaser (participant) and those under him in the pyramid should be no less than 9 in order to earn the commission. But this is on the condition that the number of members under each of the first two cannot be less than two, and the commission will be . The commission is paid for each 9 persons, and each nine persons in the pyramid scheme is called a level. Because the pyramid may increase in size each time a new level is added to it, this commission increases greatly every time. So if we assume that the pyramid grows each month, i.e. that each month two people join each person in the 200

Transactions - Part 6

pyramid (as is assumed by the company, according to its website), this means that the commission that the member gets will be more than ,000 in twelve months, and it will keep growing every month. This is what is so tempting about these schemes. For a small amount of money, no more than 0, the participant can get hundreds or thousands times that amount. Hence these companies market these schemes with promises of great riches within a short period of time, by developing and increasing the size of the pyramid. My question: What is the ruling on this operation, especially since it is so widespread and there are so many different opinions on it?. Answer: Praise be to Allaah. When discussing these operations which spread quickly and which are very unclear and ambiguous to ordinary people, as well as being very tempting, we must note two points: 1 – The shar’i ruling that is based on the texts and principles of sharee’ah, as well as on a clear understanding of this issue as it is, what it leads to, and what its background is. 2 – We must train ourselves to follow the shar’i ruling and not be deceived by specious arguments. Since this matter requires lengthy discussion, we will give a brief answer, followed by a discussion of the relevant shar’i principles, then we will answer in more detail. Brief answer to this question:

201

Jurisprudence and Islamic Rulings

Based on the way that this “Business” operation is carried out and what it really is, and what the representatives of this company have mentioned of information and conditions, and the evidence and conditions quoted by those who have discussed it to justify either allowing or disallowing it, and by measuring all of that against the Qur’aan and Sunnah and the shar’i principles concerning transactions, and the views of the scholars, it is clear that this operation is haraam, for a number of reasons, including the following: 1 – This operation is based on gambling and consuming people’s wealth unlawfully. It involves deceit and tempting people to earn a lot of money. It exploits their love of accumulating wealth. Allaah says (interpretation of the meaning): “O you who believe! Intoxicants (all kinds of alcoholic drinks), and gambling, and AlAnsaab (stone altars for sacrifices to idols, jinn etc), and AlAzlaam (arrows for seeking luck or decision) are an abomination of Shaytaan’s (Satan’s) handiwork. So avoid (strictly all) that (abomination) in order that you may be successful” [alMaa’idah 5:90] “And eat up not one another’s property unjustly (in any illegal way, e.g. stealing, robbing, deceiving)” [alBaqarah 2:188] And the Prophet (peace and blessings of Allaah be upon him) said: “Your blood and your wealth are sacred to you as this day of yours in this land of yours in this month of yours is sacred.” Narrated by Muslim, 2137. This analogy in the hadeeth serves to make this prohibition very emphatic indeed. 2 – After a thorough examination of this issue, it is clear that introducing the product – which is software programs, 202

Transactions - Part 6

a web site and e-mail – does not change the ruling on this operation, because it is obvious that the product is not what most of those who rush to buy actually want, as is proven from the evidence mentioned in the detailed answer. Introducing this product in this manner makes it even more haraam, because it involves trickery that leads to a haraam transaction which is a kind of gambling. 3 – This operation is unlike the kind of commission that is permitted, in several ways: one has to pay money in order to enter the scheme, unlike the commission that requires no such condition. The purpose is not to sell the product to those who need it, rather the purpose is to build an incentive system. Even if we accept that this is commission, it is still haraam because it involves cheating the purchaser and raising false hopes and being insincere towards him. Based on this, the view of those who permit it on the grounds that it is commission is not correct. Perhaps the reason for that is that this matter has not been described to them as it really is, or the one who issued this ruling did not understand it properly. This ruling is applicable to many kinds of dealings and transactions that occur nowadays in the marketing field. Those who wish to learn more will find detailed discussion of these points in the detailed answer and in the discussion of basic principles given below. Detailed Answer: Before giving a detailed answer to this question, and in order to train ourselves to accept the rulings of sharee’ah, we should start by noting some of the basic principles of sharee’ah etc which will help the Muslim – who submits to the rulings of Allaah – to deal with this operation and similar schemes devised by business-minded people, in a confident manner, especially when the following five main factors are present in these operations: 203

Jurisprudence and Islamic Rulings

1- Widespread media and advertising media 2- Ease of financial transfer by means of credit cards and the like 3- Increased need for money among ordinary people, because of excessive desire to accumulate non-essentials 4- Greed and love of money in human nature 5- Lack of religious commitment and desire to seek halaal provision among many Muslims There follow a number of principles that will help us to deal with this kind of operation and similar types which are bound to appear in the future, so we should pay attention to these details: 1 – The fitnah (temptation) of money is one of the greatest fitnahs that can affect man’s religious commitment and the blessing of what he already has of wealth and children. So we must beware of that and seek to ensure that the sources of our wealth are permissible. 2 – Avoiding doubtful issues is a principle that is well known in Islam, even if one is not quite certain that the doubtful matter is in fact haraam. The Prophet (peace and blessings of Allaah be upon him) said: “What it halaal is clear and what is haraam is clear, and between them lie doubtful matters which many people do not know about. Whoever is avoids the doubtful matters has protected his religious commitment and his honour, but whoever falls into doubtful matters will fall into that which is haraam.” Narrated by al-Bukhaari, 52; Muslim, 1599. 3 – “If any of this money comes to you without you asking for it or hoping for it, then take it, but do not think about it or hope for it.” Narrated by al-Bukhaari, 138, in a marfoo’ report. This means: do not let yourself dwell on 204

Transactions - Part 6

thoughts of money that you do not have, or let that make you feel sad if you do not get it. The prohibition on thinking about it mentioned in this hadeeth refers to being given a gift of something that is permissible – so how about if you dwell on thoughts of dubious wealth, or wealth that is haraam? This will inevitably lead to more negative effects and should be shunned even more. 4 – “Whoever gives up something for the sake of Allaah, Allaah will compensate him with something better than it.” Narrated by Ahmad and classed as saheeh by alAlbaani. This includes both the one who gives up something haraam and the one who gives up something concerning which there is doubt. 5 – Blessing in wealth, even if it is little, is better than seeking to increase wealth in haraam or dubious ways. 6 – The Muslim should strive to be completely honest with himself in recognizing his motive in joining such schemes. Is he hoping to get money and needs the product as a means to reduce guilt and ward off blame, or is the product itself what he basically wants? He should note that whatever he conceals of his intentions is known to Allaah who knows what is secret and what is yet more hidden, and He will ask him about that and bring him to account. 7 – The ruling on a matter is based on the way in which it is understood. Withholding some information from the mufti does not allow you to follow his fatwa, and that does not excuse the one who follows it from blame, so long as he knows that the mufti does not have the full picture. 8 – “Righteousness is that with which the heart feels at ease, and sin is that which you feel uneasy about, even if the people give you fatwa after fatwa.” Narrated by 205

Jurisprudence and Islamic Rulings

Ahmad, 17320. Al-Albaani said in Saheeh al-Targheeb, 1734, it is hasan li ghayrihi. 9 – If the one who consumes haraam wealth acknowledges that he is doing something haraam, this is less serious than one who consumes it by means of deceit and trickery, because the latter has added another sin to his consumption of haraam wealth, which is his trying to deceive Allaah. Ibn al-Qayyim said: “Changing the definition and name of things that are haraam when their essence remains the same is even more evil, as well as involving an attempt to deceive Allaah and His Messenger, and claiming that Islam accepts trickery, deception, cheating and hypocrisy, and that sharee’ah forbids something because it is evil but then allows it when it becomes even worse. Hence Ayyoob alSakhtiyaani said that some people try to cheat Allaah like they cheat children. If they were to commit the sin believing that it is a sin that would be less serious.” Ighaathat al-Lahfaan, 1/354. 10 – If it is proven to a person that a thing is haraam, then he must stop thinking about it and should feel no regret for not having it when he sees that others have it. He should praise Allaah for having saved him and ask Him to make him hate haraam things no matter how great they are, and help him always to avoid them, and help him to strive against his nafs (self) to stop thinking about it. 11 – The rulings of sharee’ah are based on complete knowledge and wisdom. It pays attention to the common interest even if that involves something that he thinks may be detrimental to his own personal interests. So the Muslim should not think only of his own personal gains and overlook the aims of sharee’ah which seeks the common interest. 206

Transactions - Part 6

With regard to the detailed answer, it may be summed up in the following three points: Firstly: The way this operation is done is very similar to so called pyramid schemes or multi-level marketing (MLM), even though it may not be exactly the same in all aspects. Pyramid schemes are based on an incentive system, and those who invented them in the west looked only at earning money, with no attention to the question of whether the source is permissible or not. If we assess this system in the light of the texts and principles of sharee’ah, it will become clear that it is haraam from a number of angles, such as: (i) It is based on consuming people’s wealth unlawfully, because this pyramid will inevitably have a final level, and these people will definitely lose out to the interests of the higher levels. The pyramid can only grow when there are people who will lose out to the interests of the higher levels which will collect insanely high commissions. In the last two levels of every branch there will be two levels, the first of which is lying and giving false hope to the next level of making a profit, and the last level which will be fooled and cheated, because it will buy but will never find someone to sell to. We have already mentioned above the verses and hadeeth which sternly forbid consuming people’s wealth unlawfully. (ii) It is based on gambling, which means that a person pays money in return for which he may get more money than he paid, or he may lose his money. This is what happens to those who join such schemes. This is one of the most important and clearest reasons for it being haraam. (iii) Because pyramid schemes involve a lot of cheating and deception, they have been banned and outlawed by many kaafir western systems – if they appear in a form 207

Jurisprudence and Islamic Rulings

where there is no product for sale – even though those systems allow riba and gambling in principle – and their experts have warned against them. (See the following website and its many links: http://skepdic.com/ pyramid.html) Based on the above, the “Business” operation mentioned in the question is haraam for many reasons, because it resembles pyramid schemes in the main reason why it is haraam, which is th1at it is a form of gambling and consuming people’s wealth unlawfully. Secondly: Including a product in such a program does not make it permissible or remove the reasons why it is haraam, rather it makes it even more emphatically haraam, because this is a kind of trickery aimed at making this operation acceptable and giving the impression that the product is the main objective. But “Changing the definition and name of things that are haraam when their essence remains the same is even more evil, as well as involving an attempt to deceive Allaah and His Messenger.” Ighaathat al-Lahfaan, 1/354 It seems that the product has no effect of rendering the operation permissible for the following reasons: (i) The most important motive for participants is the marketing, not the product, based on the fact that these kinds of programs and services existed many years before this company appeared and still exist, for a lower price! What is making so many people rush towards these schemes, and this particular company, apart from the hopes of the income generated by joining this scheme? (ii) The suggestion that the products are useful and easy to operate and have distinct features that make it worth paying one hundred dollars for them is a flawed argument, because this program has no copyright preventing 208

Transactions - Part 6

individuals making use of the site through the one who has already joined, without the new user paying anything. Indeed if one individual subscribes, dozens could use it and benefit from all the services offered on the site. It only has copyright protecting other companies from using it. What motive is there to spend money on it except to be part of this pyramid scheme which is in effect gambling? (iii) There is an essential condition for joining this pyramid scheme, which is that one buys the product for more than the price of similar products in order to obtain more commission and to use the company’s website for advertising and marketing. Temptation leads people to pay the exorbitant price in the hope of recouping it and making more by means of the marketing which is the primary purpose for joining. This is the essence of gambling which is forbidden in sharee’ah. (iv) The mention of tempting commission in return for marketing is what motivates people to buy and join the scheme, because usually they do not buy unless this commission is mentioned, and because some may even agree to buy without checking on the products they are buying, or without needing them in the first place. The fact that many people do not benefit from most of the programs confirms this further; in fact some of them do not even use the programs at all. (v) The amount required to join - – is equivalent to a month’s salary or more in some countries, so ordinary people would not pay such an amount and join this scheme, unless there is the hope of making a lot of money. Yet despite that many people join and even take out loans for that purpose. (vi) When those who join for the sake of the product find out the company states that three-quarters of what they paid is spent on marketing instead of using advertising 209

Jurisprudence and Islamic Rulings

agencies, this motivates them to take part in marketing in order to recoup what they have paid in excess of the product’s value. So they get involved in the marketing process, then they get carried away and do not stop at making up what they have lost, rather they keep going. (vii) Some enthusiasts buy the company’s product more than once and some, as they have themselves admitted, buy it one hundred times! Even though they know that buying it once guarantees that the purchaser will benefit from all the company’s programs at any time. No one would doubt that this is a form of gambling, and clearly indicates that the aim of this operation is gambling. (viii) The company obliges purchasers to continue marketing and earning high commissions by renewing their subscriptions annually for the same amount, on the basis that they are going to add new services. But these new services – even if they are real – still add up to buying something unknown for a set price, because the new services may be small, or they may contain new programs that the subscriber has no need of. So this purchase is haraam because it involves deceit and ambiguity, as one of the parties has no idea what he is buying. (ix) The individual should check himself and understand his intentions in joining this program. That will enable him to understand that the aim is to make him join a pyramid scheme, especially when he can get whatever he needs of these programs and services for free or for much less on other sites, as well as having the option of not buying things he does not need. Thirdly: This operation does not come under the heading of brokerage that is permissible, because it is different from it in several essential ways. Those muftis who stated that it is a kind of brokerage only answered questions in which no details were mentioned that would give a proper 210

Transactions - Part 6

picture of the issue, thus these fatwas do not reflect reality. One of the conditions for a ruling to be valid is that it must be based on proper understanding of the issue. Based on this, it is not permissible to follow one whose ruling is known to be based on an imperfect understanding of the issue. The differences between this operation and permissible brokerage include the following: (i) Brokerage refers to when a middleman points out a product or some benefits that are sought in and of themselves, where ultimately the one who acquires the product will benefit from it. The marketing offered by this company is simply opportunities for marketing to people who will sell it to others, and it will ultimately reach a person or persons who will not get what they hoped for from the transaction. (ii) In brokerage there is no condition which requires the broker to pay any money because it is not in the interests of the owner of the product to discourage the broker by imposing the condition that he pay him or buy from him. But in the case of this marketing, the one who wants to be a part of it is obliged to pay a sum of money, included in the price of the program, in order to join it or benefit from it, so that he can become a marketing agent. Then he has to renew the payment annually in order to continue marketing. (iii) The broker is keen to look for more people who need the product, whereas the marketing agent looks for those who are most able to market the program, regardless of whether they need it or not. (iv) The broker has nothing to do with what the purchasers do with the product, whereas the marketing agent in these schemes needs to market the product continually, so that 211

Jurisprudence and Islamic Rulings

he can complete the numbers required in order to earn his commission. (v) In the case of brokerage, the broker earns according to how much he sells, but in this scheme two people may have a share in the number of people to whom the product is marketed, directly or indirectly, but there may be a huge difference in the commission they earn because of the conditions that they stipulate as to how commission is earned. This confirms the fact that the main aim is multilevel marketing, not promotion of the product. These five differences between the two operations demonstrate the essential differences between them, which means that the “Business” scheme cannot be regarded as permissible when compared with brokerage, especially since there are many factors in the “Business” program which render it haraam, as stated above. (vi) If we assume that it is a kind of brokerage – which is not correct – then it is still haraam because this marketing agent cannot state to the one to whom he presents this product that there is a similar product offered by other companies for one-quarter or one-half of their price, or that he may not need some of what is on offer, let alone the fact that he could benefit from the program by going to the company’s site and using the marketing agent’s password, without affecting him or paying him anything. He has to focus on the large commission that he will earn if he buys and markets the product. (vii) Those who regard it as a kind of brokerage and say that it is permissible stipulate that the marketing thereof should not involve any kind of deceit and should not praise the product for qualities that it does not possess. But these conditions are not usually met by many marketing agents for the reasons mentioned above.

212

Transactions - Part 6

From this detailed answer it should be clear that this and similar programs are haraam. Our advice here to the owners and representatives of these companies is that they should fear Allaah by looking for sources of income that are definitely not haraam or dubious, and that they should fear Allaah with regard to the wealth of their Muslim brothers before there comes a time when there will be no dirham and no dinar, only hasanaat (good deeds) and sayi’aat (bad deeds), and there will be nothing but Paradise or Hell. May Allaah send blessings and peace upon our Prophet Muhammad and all his family and companions. Islam Q&A (www.islam-qa.com) 34674: Selling things that we are not permitted to wear Question: I heard some people say that it is permissible to sell and to sew women’s dresses that do not cover the woman properly – i.e., short dresses – because the Prophet (peace and blessings of Allaah be upon him) gave to Umar ibn al-Khattaab (may Allaah be pleased with him) a red silk garment, and when ‘Umar wore it and the Messenger of Allaah (peace and blessings of Allaah be upon him) saw him, he said, “I gave it to you so that you could give it as a gift, not so that you could wear it.” So ‘Umar gave it to someone who had been one of his friends during the Jaahiliyyah. Is this view correct? If it is correct, then can we draw the analogy from this that it is permissible to sell cigarettes, tobacco, women’s pants and revealing swimsuits for men and women, even though Allaah says (interpretation of the meaning): 213

Jurisprudence and Islamic Rulings

“Help you one another in AlBirr and AtTaqwa (virtue, righteousness and piety); but do not help one another in sin and transgression” [al-Maa’idah 5:2] ? I hope you can explain. May Allaah bless you and keep you. Answer: Praise be to Allaah. This hadeeth was narrated by al-Bukhaari (2104) and Muslim (2068) and others, in several places and via several isnaads. For example, al-Bukhaari narrated it under the heading Baab al-Tijaarah fima yukrah libsuhu li’l-rijaali wa’l-nisa’ (Chapter on dealing in things that are makrooh for men and women), via Saalim ibn ‘AbdAllaah ibn ‘Umar from his father, who said: The Prophet (peace and blessings of Allaah be upon him) sent a hullah (garment) of silk and he saw him wearing it and said, “I did not send it to you for you to wear it, for the one who wears it is one who has no share (in the Hereafter). Rather I sent it to you so that you could make use of it,” i.e., sell it. This hadeeth indicates that it is permissible to deal in clothes that may be used in one way but not in another, and it is permissible to give them to others, and the one who buys such a thing or to whom it is given has to use it in ways that are permissible, not in ways that are forbidden. Examples of that include gold jewellery, weapons, knives, grapes and other things that may be used for halaal or haraam purposes. It is permissible to deal in them and to give them to others. The one who buys or is given such things must use them 214

Transactions - Part 6

in ways that are permissible, such as selling them, giving them as gifts, etc; he should not use them in any way that is forbidden. But if the thing is something that is forbidden to use in any way, then it is not permissible to deal in it or to give it as a gift, such as pigs, lions and wolves. There is nothing in the hadeeth to suggest that it is permissible to sell the things mentioned in the question, so it is not valid to draw an analogy between selling cigarettes, tobacco and revealing swimsuits for men and woman and selling things that may be used in one way but not another, or under some circumstances but not others, because it is haraam to use them in all circumstances. And Allaah is the Source of strength. Al-Lajnah al-Daa’imah li’l-Buhooth al-‘Ilmiyyah wa’lIfta’, 16/179. (www.islam-qa.com) 22756: Developing websites for selling haraam things Question: I am a web developer, and I recently developed a site for a client. This client sells CD’s, he has a music store here in the US. I did give him tips on how to promote his site on the net . Is it okay that build and help this person setup his web store? . Answer: Praise be to Allaah. The basic principle in sharee’ah is that when Allaah forbids a thing, He forbids its price. 215

Jurisprudence and Islamic Rulings

Singing and music are haraam and are not permissible, because of the hadeeth narrated by al-Bukhaari, according to which the Prophet (peace and blessings of Allaah be upon him) said: “There will be people among my ummah who will permit adultery, silk, alcohol and musical instruments.” The evidence that singing is haraam has been discussed elsewhere – see questions no. 5011 and 5000. If it is clear to you that these things are haraam, then it is not permissible to help people with haraam things, because Allaah says (interpretation of the meaning): “…but do not help one another in sin and transgression” [al-Maa’idah 5:2] You have to seek that which is permissible and good, and avoid haraam work or helping others to do that which Allaah has forbidden, because the Prophet (peace and blessings of Allaah be upon him) said: “Allaah is Good and only accepts that which is good. Allaah enjoins upon the believers that which He has enjoined upon the Messengers. Allaah says (interpretation of the meaning): “O (you) Messengers! Eat of the Tayyibaat [all kinds of Halaal (lawful) foods which Allaah has made lawful (meat of slaughtered eatable animals, milk products, fats, vegetables, fruits)] and do righteous deeds. Verily, I am WellAcquainted with what you do” [al-Mu’minoon 23:51] “O you who believe (in the Oneness of Allaah — Islamic Monotheism)! Eat of the lawful things that We have provided you with, and be grateful to Allaah, if it is indeed He Whom you worship” [al-Baqarah 2:172] 216

Transactions - Part 6

Shaykh Dr. Khaalid ibn ‘Ali al-Mushayqih We advise you not to work with the owners of this website, because the money that you get from developing haraam websites is considered to be haraam money and this is haraam. The Prophet (peace and blessings of Allaah be upon him) said: “There is no flesh that is nourished by haraam things, but the Fire will be more entitled to it.” Narrated by al-Tirmidhi, 558; classed as saheeh by alAlbaani in Saheeh al-Tirmidhi, 501. Islam Q&A (www.islam-qa.com) 34325: Buying gold through a site on the internet Question: There is a company selling gold via the internet. Is it permissible to buy from them or to bring them customers and receive payment for that?. Answer: Praise be to Allaah. It is well known in Islam that when buying gold for currency, the exchange should take place in the same sitting where the transaction is agreed upon, because the Prophet (peace and blessings of Allaah be upon him) said: “Gold for gold, silver for silver, like for like, same for same, hand to hand… If it is an exchange of one of these things for another, then sell as you like, so long as it is hand to hand.” Narrated by Muslim, 1578.

217

Jurisprudence and Islamic Rulings

I think that buying gold via the internet is not a transaction that is conducted hand to hand, because you are sending the money to them then they send that gold to you after a while. If that is the case, then buying and selling in this manner is haraam, and it is haraam for you to bring customers to this company, because Allaah says (interpretation of the meaning): “but do not help one another in sin and transgression” [al-Maa’idah 5:2] But if the money and goods are exchanged immediately in one sitting, then it is permissible for you to tell people about them and to bring customers to this company, and to receive payment for that. We ask Allaah to make our provision halaal. May Allaah send blessings and peace upon our Prophet Muhammad and his family and companions. Islam Q&A (www.islam-qa.com) 32752: Selling video tapes and keeping a TV and VCR Question: Is selling video and audio tapes haraam?. Answer: Praise be to Allaah. If the audio and video tapes are free of haraam content, then it is permissible to listen to them, watch them, buy them and sell them. What is meant by haraam is if they contain immorality, music and pictures of unveiled 218

Transactions - Part 6

women. The same applies if they contain kufr or bid’ah – except for one who intends to refute them and is qualified to do so. The Standing Committee was asked: Is it permissible to sell tapes of singing such as tapes of Umm Kalthoom, Fareed al-Atrash and their like? They replied: “Selling these tapes is haraam, because of the haraam songs that they contain. Listening to them is also haraam. It was narrated in a saheeh hadeeth that the Prophet (peace and blessings of Allaah be upon him) said: ‘When Allaah forbids a thing He also forbids its price.’” From Fataawa al-Lajnah al-Daa’imah, 13/48 Shaykh Ibn Baaz (may Allaah have mercy on him) was asked about trading in video tapes in which unveiled women appear and in which stories of love are told – is the businessman’s money haraam? What should he do? How can he get rid of these tapes? He replied: It is haraam to sell or keep these tapes, or to listen to them or watch them, because they promote fitnah and immorality. They must be destroyed and the one who deal with them should be denounced, so as to prevent immorality and to protect the Muslims from the causes of fitnah. Fataawa Islamiyyah, 2/369. Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked about the trader who deals in tapes of songs that also include musical instruments, immoral speech, promiscuous love, promotion of corruption, and spreading 219

Jurisprudence and Islamic Rulings

immorality between the sexes, and renting stores to people who sell these kinds of tapes. He replied: If these tapes contain the kinds of things that you mention, of all kinds of musical instruments, promotion of corruption and immorality, spreading promiscuity between the sexes, obscene talk and promiscuous love, then no wise person, let alone one who believes in Allaah and the Last Day and fears the punishment of Allaah and hopes for His reward, will doubt that selling these tapes and listening to them is haraam and is an evil action, because they destroy morals and society, and expose the ummah to punishment on an individual and general basis. Any person who has any of these tapes should repent to Allaah and erase whatever is on them, and replace them with something useful. With regard to the money earned by selling them and dealing in them, it is haraam money which is not permissible to its owner, because the Prophet (peace and blessings of Allaah be upon him) said: “When Allaah forbids a thing, He also forbids its price.” With regard to renting out stores to people who sell these kinds of tapes, that is also haraam, and the rent taken for that is haraam, because this is a kind of co-operating in sin and transgression which Allaah has forbidden as He says (interpretation of the meaning): “but do not help one another in sin and transgression” [al-Maa’idah 5:2] The sin of those who buy them is upon them, but it is not farfetched to say that the seller and landlord of the store will also share some of the burden of sin, without that 220

Transactions - Part 6

detracting in the slightest from the burden of those who buy them. And Allaah knows best.” Fataawa Islamiyyah, 2/370. And it says in Fataawa al-Lajnah al-Daa’imah, 13/46: It is permissible to keep a TV and VCR in your house, if you can control yourself and only use them to listen to religious lectures and beneficial knowledge, recitation of Qur’aan and business news, political news and other permissible things. If you cannot do that, then do not sell it, because it is most likely that the one who buys it from you will use it for idle entertainment and all the haraam things for which it is used. Rather you should destroy what you have of such things, so as to get rid of evil, and you will be rewarded for that. But if you find someone whom you think will most likely use them for permissible things, then there is nothing wrong with your selling them to him. Islam Q&A (www.islam-qa.com) 13724: Ruling on selling silver riyals for paper riyals at different rates Question: What is the ruling on selling silver riyals for paper riyals at different rates?. Answer: Praise be to Allaah. 221

Jurisprudence and Islamic Rulings

There is some confusion concerning this matter. Some modern scholars were certain that this is permissible, because paper money is something other than silver. Others said that it is haraam, because paper money is currency that is common among people, and it has taken the place of silver, so it comes under the same rulings. As for my own view, at present I am not sure of either opinion, but I think that to be on the safe side it is better not to do that, because the Prophet (peace and blessings of Allaah be upon him) said, “Leave that which makes you doubt for that which does not make you doubt.” And he (peace and blessings of Allaah be upon him) said: “Whoever keeps away from ambiguous matters is protecting his religion and his honour.” And he (peace and blessings of Allaah be upon him) said: “Righteousness is a good attitude and sin is that which makes you uncomfortable and you do not want people to see you doing it.” So in order to be on the safe side it is better to sell silver coins for something else, such as gold etc, then buy paper money with that. If the one who has paper money wants to buy silver coins he should sell the paper for gold etc., then use that to buy the silver coins he wants. Majmoo’ Fataawa wa Maqaalaat li’l-Shaykh Ibn Baaz, 6/400 (www.islam-qa.com) 22390: Buying gold coins with images Question: Are Muslims allowed to purchase and promote selling gold coins with figures?. Answer: Praise be to Allaah. 222

Transactions - Part 6

If the question has to do with buying and dealing in gold coins that have images of animate beings, then the matter is subject to further discussion. 1 – If these coins are used for adornment, whether they are worn or hung on walls etc., it is not permissible to sell them or deal in them. It says in Fataawa al-Lajnah al-Daa’imah, 13/74: Whatever has an image of any animate being on it, whether it is a gold or silver coin or paper money, or it is fabric or an implement, if it is bought to be hung up on walls or other things which are not considered to be treating it in a disrespectful manner, then dealing in it is haraam, because of the general meaning of the prohibition on image-making and using images of animate beings. 2 – If these coins are currency that is in circulation, there is nothing wrong with carrying them and dealing in them. They are like the gold dinars that the Muslims used during the first century, before they had their own dinars during the reign of ‘Abd al-Malik ibn Marwaan (may Allaah have mercy on him). But that is only permissible when there is a need. Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: As for a man carrying money with pictures of kings and presidents that the Muslims are faced with nowadays, this is an old issue which the scholars have discussed. The people used to carry European guineas on which there was a picture of a horse and knight, and they used to carry the French réals on which there was a picture of the head and neck of a bird. What we think about this is that there is no sin on a person who carries it because he has a need to do so, because a person has to carry some money in his 223

Jurisprudence and Islamic Rulings

pocket, and not allowing the people to do so would cause them hardship. Allaah says (interpretation of the meaning): “Allaah intends for you ease, and He does not want to make things difficult for you” [al-Baqarah 2:185] “and has not laid upon you in religion any hardship” [al-Hajj 22:78] It was narrated in a saheeh hadeeth that the Prophet (peace and blessings of Allaah be upon him) said: “Religion is very easy and whoever overburdens himself in his religion will not be able to continue in that way. So you should not be extremists, but try to be near to perfection and receive the good tidings that you will be rewarded.” (Narrated by al-Bukhaari). And he said to Mu’aadh ibn Jabal and Abu Moosa when he sent them to the Yemen: “Be easy going and not harsh, give glad tidings and do not put people off.” And he said to the people when they rebuked the Bedouin who urinated in the mosque: “Leave him, for you have been sent to be easy going, you have not been sent to be harsh.” (These two reports were also narrated by al-Bukhaari). So if a man carries money or an identity card or a driving licence on which there are images, and he needs it or fears that he may need it, there is nothing wrong with that and there is no sin on him in sha Allah, for Allaah knows that he dislikes these images and does not approve of them, and that if he did not need it he would not carry it. From Majmoo’ al-Fataawa, 2/280 The Standing Committee was asked the following question: 224

Transactions - Part 6

There are some issues which cause me a great deal of anxiety, one of which is the issue of the pictures on the money that we have and which we bring into the mosques in our pockets. Is our bringing it into the mosques one of the things that will make the angels leave, so that it is haraam to bring it in? Is this considered to be one of the things that are used in a disrespectful manner? Because images that are treated in a disrespectful manner do not prevent the angels from entering houses. The Committee replied: The pictures on money are not something that is under your control. You have no choice but to own money, keep it in your house and carry it with you so as to make use of it in buying, selling, giving gifts and charity, paying off debts and other purposes that are prescribed in sharee’ah, so there is no sin on you, even though this money is not usually handled with disrespect because of its value. Rather there is no sin on you, because that is due to necessity. From Fataawa al-Lajnah al-Daa’imah, 1/485. But if what is meant is buying gold coins with paper currency, there is nothing wrong with that if it is hand to hand, because the Prophet (peace and blessings of Allaah be upon him) said: “Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates and salt for salt. Like for like, equal for equal, hand to hand. If you are trading different kinds of good, then sell however you like, so long as it is hand to hand.” (Narrated by Muslim, 1587 from the hadeeth of ‘Ubaadah ibn al-Saamit, may Allaah be pleased with him). The currency that exists nowadays is sui generis, and it comes under the same rulings as gold and silver. If you 225

Jurisprudence and Islamic Rulings

buy gold or silver with it, the transaction must take place immediately, because the Prophet (peace and blessings of Allaah be upon him) said: “If you are trading different kinds of good, then sell however you like, so long as it is hand to hand.” And Allaah knows best. Islam Q&A (www.islam-qa.com) 22907: Selling beer and lottery tickets Question: Is it okay to sell beer and lottery tickets, what does islam says about this . Answer: Praise be to Allaah. Beer is a kind of khamr (alcohol), and the lottery is a form of gambling, both of which Allaah has forbidden, as He says (interpretation of the meaning): “O you who believe! Intoxicants (all kinds of alcoholic drinks), and gambling, and AlAnsaab (stone altars for sacrifices to idols etc), and AlAzlaam (arrows for seeking luck or decision) are an abomination of Shaytaan’s (Satan’s) handiwork. So avoid (strictly all) that (abomination) in order that you may be successful” [al-Maa’idah 5:90-91] The ruling on lotteries has been explained previously. See Question no. 6476

226

Transactions - Part 6

Based on this, it is not permissible to sell beer and lottery tickets, because this is a kind of cooperating in sin and transgression, and Allaah says (interpretation of the meaning): “Help you one another in AlBirr and AtTaqwa (virtue, righteousness and piety); but do not help one another in sin and transgression” [al-Maa’idah 5:2] So you have to give up this work immediately. The believer should realize that whoever gives up something for the sake of Allaah, Allaah will compensate him with something better than that. If a person puts his trust in his Lord, He will grant him the means of provision, as Allaah says (interpretation of the meaning): “And whosoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (from every difficulty). And He will provide him from (sources) he never could imagine. And whosoever puts his trust in Allaah, then He will suffice him. Verily, Allaah will accomplish his purpose. Indeed Allaah has set a measure for all things” [al-Talaaq 65:2-3] And Allaah knows best. Islam Q&A (www.islam-qa.com) 2147: Bay’ al-Wafaa’ Question: What is Bay’ al-Wafaa’ and what are the rulings concerning it?

227

Jurisprudence and Islamic Rulings

Answer: Praise be to Allaah Bay’ al-Wafaa’ means selling something on the condition that when the vendor pays back the money he accepted, the purchaser will return the item to him. The scholars have decided the following: This transaction is in reality a loan which leads to benefits for the lender, and is an attempt to get around the prohibition on ribaa. The majority of scholars said that this is not a valid transaction. This contract is not permissible according to sharee’ah. Majma’ al-Fiqh al-Islami, p. 146 (www.islam-qa.com) 21770: Prohibition on buying something which you have given in charity Question: I have read a hadeeth which says, “Do not take back what you gave in charity, even if he would give it to you for a dirham.” Is it permissible for a person, if he has given something in charity to a poor person, to buy it back after that? Answer: Praise be to Allaah. This hadeeth was narrated by al-Bukhaari (1490) and Muslim (1620) from Ibn ‘Umar (may Allaah be pleased with him) who said: “I gave a horse to a man to use it in 228

Transactions - Part 6

jihad for the sake of Allaah, but the one who was keeping it did not look after it properly. I wanted to buy it back and I thought that he would give it to me for a cheap price. I asked the Prophet (peace and blessings of Allaah be upon him), and he said, ‘Do not buy it, and do not take back what you gave in charity, even if he would give it to you for a dirham, for the one who takes back his charity is like one who takes back his own vomit.’” According to another version, “The one who takes back his charity is like a dog which takes back its own vomit.” The prohibition on buying back one’s charity is because it is given for the sake of Allaah, so one should not have any attachment to it. Buying it back implies that one is still attached to it. This prohibition also exists so that the vendor will not try to do the giver a favour, which would result in him benefitting from his charity. Tayseer al-‘Alaam Sharh ‘Umdat al-Ahkaam, p. 762 (www.islam-qa.com) 14355: Dealing in alcohol, supplies for Christian holidays, condoms and cosmetic creams Question: i have a retail bussiness,,which during there holiday i carry there goods,,like christmas decoration,,mothers day,,easter,, holloween,,ect,,is this harram,, i use to own a supermarket once i sold it and i didnt want to get in to that again cause sold beer and pork.. also brother i hope you dont mind mentioning some of the iteams i sale,,tell me if its harram condoms,,ceramic figurs,cigarettes,lottery ,, medcine some containe alchole,,or the gel tablets,,candy that may or my not have 229

Jurisprudence and Islamic Rulings

any harram in it, toothpaste,,some of these items are harram for us to use but can it be sold to the kafir since they the only customers. Answer: Praise be to Allaah. You have done well not to sell things that Allaah has forbidden such as beer and pork. We ask Allaah to bless you with a halaal provision and to compensate you with good. With regard to the things you asked about, the details are as follows: 1 – It is not permissible for a Muslim to take part in the festivals of the kuffaar, such as Christmas and Easter, or to sell the things that will help them in that, because Allaah says (interpretation of the meaning): “Help you one another in AlBirr and AtTaqwa (virtue, righteousness and piety); but do not help one another in sin and transgression” [al-Maa’idah 5:2] The same applies to innovated festivals such as Mother’s Day. It is not permissible to sell anything that may help them to celebrate it. 2 – The basic ruling is that it is permissible to use and sell condoms, unless the vendor knows or thinks it most likely that they will be used for haraam purposes, in which case it is not permissible to sell them. The basic principle concerning that – as Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said – is: “Every garment which one thinks will most likely be used 230

Transactions - Part 6

for sinful purposes, it is not permissible to sell it or sew it for one who will use it for sinful and wrongful purposes.” (Sharh al-‘Umdah, 4/386) This does not apply only to clothes, rather it is general and applies to everything that may be bought or sold. 3 – It is haraam to sell tobacco and lottery tickets, and every product which is known to involve something that is haraam. It says in a fatwa issued by the Standing Committee (13/ 55): “It is not permissible to deal in tobacco or any haraam things, because they are khabaa’ith (evil and filthy things), and because of the physical, spiritual and financial harm they cause.” With regard to the lottery, it is the essence of gambling. Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: “This method which the questioner mentions, whereby a person buys a ticket and if he is lucky, as he says, he will win a large amount, in included under the heading of gambling of which Allaah says (interpretation of the meaning): “O you who believe! Intoxicants (all kinds of alcoholic drinks), and gambling, and Al Ansaab (stone altars for offering sacrifices to idols, the jinn, etc), and AlAzlaam (arrows for seeking luck or decision) are an abomination of Shaytaan’s (Satan’s) handiwork. So avoid (strictly all) that (abomination) in order that you may be successful. Shaytaan (Satan) wants only to excite enmity and hatred between you with intoxicants (alcoholic drinks) and gambling, and hinder you from the remembrance of Allaah and from AsSalaah (the prayer). So, will you not then abstain? And obey Allaah and the Messenger (Muhammad), and 231

Jurisprudence and Islamic Rulings

beware (of even coming near to drinking or gambling or AlAnsaab, or AlAzlaam) and fear Allaah. Then if you turn away, you should know that it is Our Messenger’s duty to convey (the Message) in the clearest way” [al-Maa’idah 5:90-92] This gambling – which includes every transaction in which the person will end up either losing and winning, but he does not know whether he will be a winner or a loser – is all haraam; indeed it is one of the major sins. It is obvious that it is something abhorrent when we realize that Allaah has mentioned it in conjunction with idolworship, alcohol and al-azlaam (arrows used for seeking luck or decision – a kind of fortune-telling). (Fataawa Islamiyyah, 4/441). We should note that everything which it is forbidden to do or to use, it is also forbidden to sell, because the Prophet (peace and blessings of Allaah be upon him) said: “May Allaah curse the Jews; animal fat was forbidden to them, so they sold it and consumed its price. When Allaah forbids a thing He also forbids its price.” (Narrated by Ahmad and Abu Dawood, 3026; classed as saheeh by alAlbaani in Saheeh al-Jaami’, no. 5107). 4 – It is not permissible to make images of animate beings, whether humans, birds or animals. If that is a threedimensional image it is even more forbidden. On this basis, it is not permissible to sell any of these figures made of ceramic etc., if they are of this nature. But if they are images of inanimate things such as mountains and other natural scenes, there is nothing wrong with making them and selling them. It says in Fataawa al-Lajnah al-Daa’imah, 13/73: “Buying and selling images of animate beings is haraam 232

Transactions - Part 6

because it was narrated that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘Allaah and His Messenger have forbidden the sale of alcohol, dead meat, pork and idols.’ (Agreed upon). That is because it may lead to exaggeration concerning the people depicted, as happened among the people of Nooh… and because of many other texts which also state that it is haraam to make images and to use images of animate beings.” 5 – With regard to medicines that contain alcohol, if the amount of alcohol contained is large and may cause intoxication if a person drinks a large amount of the medication, then this medication counts as alcohol and it is haraam to use it or sell it. But if the amount of alcohol is little and will not cause intoxication no matter how much is drunk, then it is permissible to use it and sell it. It says in a fatwa issued by the Standing Committee concerning the sale of perfumes that contain alcohol: “If the amount of alcohol in the perfume reaches the level where it will cause intoxication if a lot of that perfume is drunk, then drinking that perfume is haraam, dealing in it is haraam, and that applies to all kinds of uses, because it is alcohol, whether it is a lot or a little. But if the thing with which the perfume is mixed, such as alcohol, does not reach the level where drinking a lot of it will cause intoxication, then it is permissible to use it and deal in it, because the Prophet (peace and blessings of Allaah be upon him) said: ‘Whatever causes intoxication in large amounts, a little of it is haraam.’” (Fataawa al-Lajnah al-Daa’imah, 13/54) 6 – Whatever it is haraam for a Muslim to use, it is also haraam for him to sell it to either Muslims or kaafirs, because the kaafirs are also addressed by the rulings of sharee’ah, including rulings on minor issues, according 233

Jurisprudence and Islamic Rulings

to the view of the majority of scholars, and what is forbidden for Muslims is also forbidden for them. So it is not permissible to sell them alcohol or pork, or anything else which is proven to be forbidden in our religion, even if we assume that it is permitted to them in their religion, because the sharee’ah of Islam abrogates and corrects the laws that came before it. It says in Fataawa al-Lajnah al-Daa’imah 13/49: Question: Is it permissible to deal in alcohol and pork if one does not sell them to a Muslim? Answer: It is not permissible to deal in that which Allaah has forbidden, whether that is food or other things, such as alcohol and pork, even if one is dealing with kaafirs, because it was proven that the Prophet (peace and blessings of Allaah be upon him) said: “When Allaah forbids a thing, He also forbids its price.” (Narrated by Ahmad, no. 2564; Saheeh al-Jaami’, 5107). And because the Prophet (peace and blessings of Allaah be upon him) cursed alcohol and the one who drinks it, the one who sells it, the one who buys it, the one who carries it, the one to whom it is carried, the one who consumes its price, the one who squeezes out the juice and the one for whom it is squeezed out.” (narrated by al-Tirmidhi, 1295; Saheeh al-Tirmidhi, 1041). Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 21649: Selling things that may be used for haraam purposes Question: My brother has a store that sells and installs radio systems, 234

Transactions - Part 6

car t.v.’s alarms, tints on windows, big speakers,and amplifiers. Is this kind of business halaal? We are in america and mostly teenagers would buy these type of things to make their car look nice and to make their music loud. Answer: Praise be to Allaah. If it is known that this business will help these customers to engage in evil things and promiscuity, and that they will be used to listen to songs and music, then it is not permissible to sell these things to them. But if it is possible that they may be used for permissible things and it is not known that the purchaser will use them for haraam things, then there is nothing wrong with selling them or dealing in them. If he sees someone who seems to be decent and respectable, he may sell to him, and if a customer comes who appears to be promiscuous or an evildoer, he should refuse to sell to him. Shaykh Ibn Jibreen (www.islam-qa.com) 10443: What is the ruling on selling his share in a company whose wealth is all debts that are owed by people? Question: What is the ruling on selling my share in a company that sells goods to people on installments, and all its wealth is debts that are owed by people? If the company owns cars that have not yet been sold, how should he sell his share? Answer: Praise be to Allaah. 235

Jurisprudence and Islamic Rulings

With regard to the first question: this is selling money that is not available for money (cash) that is available, but of a lesser amount. This is not permissible. With regard to the second question: he should sell him his share of the cars and keep for himself his share of the deferred payments. Shaykh Ibn Jibreen (www.islam-qa.com) 22404: Ruling on selling magazines in which there are haraam adverts and half-naked pictures Question: Can you please tell me is it ok for me to buy a business either a gas station or a convenient store, in which i have to sell cigarettes, kaffir magazine in which there will be picture of half naked girls adds of alcohol haraam stocks and other haraam things, or how about just working in such a store, is my income halaal or haraam. if in a case where my income is haraam what could i do to make my income Halaal, if i stop selling cigarettes and the magazine does then my income become halaal? and when i sell gas i have to charge taxes, because that’s the law of the country in which i am living? Answer: Praise be to Allaah. It is not permissible to sell haraam things such as cigarettes, promiscuous magazines or magazines that promote evil, even if they are published by Muslims, because when Allaah forbids a thing He also forbids its price. It is not permissible to work for these magazines 236

Transactions - Part 6

because this is a kind of cooperating in sin and transgression. The income from such sales is haraam. A person has to fear Allaah with regard to his food and drink and all his spending. Selling gas is permissible, and there is nothing wrong with it. If the taxes are compulsory then the one who is forced to do a thing will be forgiven. Shaykh ‘Abd al-Kareem al-Khudayr (www.islam-qa.com) 21927: Making copies of tapes and disks without permission Question: If a person photocopies a book or make a copy of cd without a permission of the author or the company even if the author or the company are not muslims. Is it halal or haram. Answer: Praise be to Allaah. Making copies of books or disks for the purpose of selling them or to cause harm to the original author is not permissible. But if a person makes a single copy for his own use, then we hope that is o.k., even though it is better and preferable not to do it. Shaykh Sa’d al-Humayd. (www.islam-qa.com) 21213: Selling cards to crack the codes blocking permissive channels Question: A person bought a “digital receiver”, but the issue here is not whether buying this equipment is permissible. It came 237

Jurisprudence and Islamic Rulings

with a card for cracking the codes blocking access to permissive channels. Is it permissible for him to sell it, knowing that the purchaser has stipulated the condition that he be allowed to buy the card along with the equipment? Answer: Praise be to Allaah. Everything that is used in a haraam manner, it is not permissible to sell it. It is not permissible to buy or sell this equipment, or to give it as a gift, because doing so is helping another to see haraam things and commit immoral actions – Allaah forbid. It involves cooperating in the evil which Islam came to forbid. Allaah says (interpretation of the meaning): “but do not help one another in sin and transgression” [al-Maa’idah 5:2] What he has to do is to destroy that haraam equipment which is one of the greatest means of spreading corruption and immorality in society. Whoever works to spread this equipment is subject to the warning of Allaah. Allaah says (interpretation of the meaning): “Verily, those who like that (the crime of) illegal sexual intercourse should be propagated among those who believe, they will have a painful torment in this world and in the Hereafter” [al-Noor 24:19] The questioner and all Muslims should realize that whoever helps to spread corruption by facilitating its ways and means will carry the sin of everyone who deviates 238

Transactions - Part 6

and is affected because of that. It is an ongoing evil deed which may continue even after he dies. This is a serious matter to which we must pay attention. The one who tells others to do good is like the one who does it, and the one who tells others to do evil is like the one who does it. It was narrated that Jareer ibn ‘Abd-Allaah said: “Some Bedouin people came to the Messenger of Allaah (peace and blessings of Allaah be upon him) wearing wool, and he saw that they were in a bad state and in need. He encouraged the people to give charity to them but they were too slow in responding, until it could be seen in his face (that he was upset). Then a man from among the Ansaar brought a purse of silver, then another came, then people came one after another, until signs of happiness could be seen on the Prophet’s face. The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘Whoever starts something good in Islam and others do it after him, there will be recorded for him a reward equal to that of those who do it, without that detracting from their reward in the slightest. And whoever starts something bad in Islam and others do it after him, there will be recorded for him a burden of sin equal to that of those who do it, without that detracting from their burden in the slightest.’” (Narrated by Muslim) Al-Nawawi said: “The Prophet (peace and blessings of Allaah be upon him) said, ‘Whoever starts something good…’ and ‘whoever starts something bad…’ According to another hadeeth he said, ‘Whoever promotes guidance…’ and ‘whoever promotes misguidance…’ These two ahaadeeth clearly state that it is mustahabb to start good things and that it is forbidden to start bad things. Whoever starts a good thing will have a reward equal to that of everyone who does it 239

Jurisprudence and Islamic Rulings

until the Day of Resurrection, and whoever starts a bad thing will have a burden of sin equal to that of everyone who does it until the Day of Resurrection; whoever promotes guidance will have a reward equal to that of those who follow him, and whoever promotes misguidance will have a burden of sin equal to that of those who follow him – regardless of whether that guidance or misguidance is something that he initiated or that someone else started before him, and whether that is done by teaching knowledge, or it is an act or worship, or some kind of etiquette, or something else. The words of the Prophet (peace and blessings of Allaah be upon him), ‘and others do it after him’ refer to when a person starts something, whether others do it after him during his own lifetime or after his death. And Allaah knows best.” (Sharh Muslim, 16/226-227) So he must hasten to repent to Allaah, and destroy these kinds of machines. The Muslim must use the intelligence and wisdom that Allaah has given to him to spread goodness and put a stop to evil, and not to crack codes etc., or to spread evil. It is not permissible to trade in any means that leads to evil. And Allaah is the One Whose help we seek. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 13648: Selling posters and frames of Qur’aanic verses Question: what is the view on people who take parts/quotes from the Qu’ran and sell them in frames/posters/books for

240

Transactions - Part 6

profit? Where the profit obtained goes towards aiding an Islamic event/organisation/school/society? Answer: Praise be to Allaah. We thank you for your keenness to learn and for asking about matters of calling people to Allaah (da’wah), for calling people without knowledge of sharee’ah may do more harm than good. With regard to selling these frames and posters, we will explain the ruling on selling them after we discuss the ruling on hanging up such items. Hanging up plaques and cloths containing aayaat of the Qur’aan in homes, schools, social clubs and places of business, involves a number of actions which are reprehensible and forbidden according to Islam, such as the following: 1 – In most cases, hanging such things on the wall is done for purposes of decoration and adornment, as the aayaat etc. are written in calligraphy and colourful brocade. This is a deviation from the purpose for which the Qur’aan was revealed, as it was revealed to guide people, teach them in a good manner and to be read regularly, etc. The Qur’aan was not revealed to decorate walls, but to guide mankind and jinn. 2 – Many people hang up such things to seek “blessing” from them, which is a form of bid‘ah (innovation). The blessing as described in Islam comes from reading or reciting the Qur’aan, not from hanging it up or placing it on shelves or turning it into artwork and three-dimensional images. 241

Jurisprudence and Islamic Rulings

3 – This is contrary to the practice of the Prophet (peace and blessings of Allaah be upon him) and the RightlyGuided Khaleefahs (al-Khulafaa’ al-Raashidoon), may Allaah be pleased with them, who never did such a thing. The best way is to follow them, not to introduce innovations. History tells us that in places such as Andalusia, Turkey, etc., the adornment of houses and mosques with ornate carvings of aayaat only happened at times when the Muslims were weak and humiliated. 4 – Hanging up such pictures or plaques is a means that may lead to shirk, because some people think that these plaques and hangings are amulets that will protect the house and its people from evil and disease. This belief is shirk and is haraam, because the One Who really offers protection is Allaah, may He be glorified, and one of the means of gaining His protection is to recite the Qur’an and du‘aa’s taught in the Qur’aan and Sunnah, with humility and certain faith. 5 – By writing such things, it means that the Qur’aan may be taken as a means of promoting one’s business or increasing one’s earnings. The Qur’aan should be protected from being used for such purposes. It is wellknown that the production and sale of these pictures and plaques involves a great deal of extravagance and wasting money. 6 – Many of these plaques are painted with real gold, which makes using them and hanging them up even more haraam. 7 – Many of these plaques clearly involve a kind of frivolity, because the letters are twisted into complex designs that are of no benefit to anyone because they are barely legible. Sometimes words are fashioned into the shape of a bird or a man prostrating, and similarly forbidden pictures of animate beings. 242

Transactions - Part 6

8 – Ayaat and soorahs of the Qur’aan are exposed to misuse and abuse by this practice. For example, when moving house, they are piled up with the rest of the furniture and belongings, and other objects may be placed on top of them. This also happens when they are taken down so that the wall may be painted or cleaned. This is in addition to the fact that they may be hung up in places where Allaah is disobeyed and the sanctity of the Qur’aan is not respected. 9 – Some Muslims whose observance of Islam is lacking put these plaques up so that they can feel that they are doing something religious, in order to reduce their feelings of guilt – in spite of the fact that this practice does not help them in any way. All in all, we must close the doors of evil and follow the leaders of guidance of the early centuries of Islam, whose people the Prophet (peace be upon him) testified were the best of the Muslims in belief and in all rulings of their religion. Moreover, if someone were to say, “We are not going to abuse it or make it a decoration or exaggerate about it, we just want to remind people (about their religion) in our gatherings”, our response would be: if we look at real life, will we find that this is what actually happens? Do people really remember Allah? Do they even read these aayaat when they raise their heads? What really happens is the opposite: people go against the words hanging over their heads, they still tell lies, engage in gossip, make fun of others and do and say evil things. Even if we assume that there are some who do benefit from these plaques etc., the fact is that they are very few, and this does not change the hukm (Islamic ruling) on the matter.

243

Jurisprudence and Islamic Rulings

The Muslims must turn to the Book of Allaah, read it and recite it, and act in accordance with it. We ask Allaah to make the Qur’aan a light of guidance for us, and a means of removing our grief and anxiety. What we have said to you here is a summary of the fatwas issued by the senior scholars of our times, such as Shaykh Ibn Baaz and the Standing Committee for Issuing Fatwas in the Kingdom (of Saudi Arabia), and Shaykh Ibn ‘Uthyameen, as in Fataawa al-Lajnah al-Daa’imah bi Ri’aasat al-Shaykh Ibn Baaz, fatwas # 2078 and 17659. Based on the above, you should not sell these frames because by doing so you may be committing some of the haraam actions mentioned by the scholars, and you may be the cause of others committing those actions. We ask Allaah to guide us and you to the straight path. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 14228: Selling Hajj visas Question: What is the ruling on selling Hajj visas which are obtained with great difficulty? Answer: Praise be to Allaah. It is not permissible for a person to take a visa for himself when he does not intend to perform Hajj. If he obtains a visa for himself and intends to go for Hajj, then he changes 244

Transactions - Part 6

his mind, then he should only sell it for the same amount that he spent to obtain it. In other words, it is not permissible to obtain Hajj visas for trade purposes in order to exploit the poor Muslims and those who want to perform Hajj; rather the Muslim should help others to do good and help his Muslim brothers, not exploit them. And Allaah knows best. Shaykh ‘Abd al-Rahmaan al-Barraak. (www.islamqa.com) 12274: Selling cameras to those who will use them for haraam pictures Question: My husband is selling digital cameras for a living. Some of his buyers are photographers who also do nude photography. Is is permissable for him to sell cameras to such people knowing what they will be using it for? Answer: Praise be to Allaah. It is not permissible to sell anything that will be used for haraam purposes, or which one thinks will most likely be used for such purposes. This includes selling cameras to people who will use them for haraam purposes. See the answer to question no. 10668 concerning the ruling on picture making. Undoubtedly selling them to people who will take nude pictures is even more haraam, because Allaah says (interpretation of the meaning): “…but do not help one another in sin and transgression…”

245

Jurisprudence and Islamic Rulings

[al-Maa’idah 5:2] Undoubtedly, taking such pictures with them is one of the means of spreading evil and immorality in society; whoever sells these cameras to them is undoubtedly helping them in spreading evil, and helping others to do haraam is also haraam. Selling digital cameras (which do not produce fixed images) to those who will take good pictures (beneficial pictures), such as Islamic lectures and khutbahs, or permissible things such as trees, rivers and natural scenes, is OK. Every Muslim businessman has to fear Allaah and be sincere towards his Muslim brothers, and he should not sell anything except that which is good for them and will benefit them. He should keep away from that which is evil and harmful to them. The things that are halaal are sufficient so there is no need for anything that is haraam. Allaah says (interpretation of the meaning): “And whosoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (from every difficulty). And He will provide him from (sources) he never could imagine [al-Talaaq 65:2-3] And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 10541: A charitable organization wants to issue discount cards Question: Is it permissible to implement the following investment idea? 246

Transactions - Part 6

The idea is for a charitable organization to issue special cards which will enable the bearer to get special discounts of 15% or 20% or more from various stores, based on an agreement between the charity and the owners of these stores. The charity will charge special fees to be paid by those who will benefit from these cards, which is to offset the costs incurred by the club for employing people to contact the stores and draw up the agreements with the business owners, in addition to buying the machinery for producing the cards and the price of the cards themselves, renting office space, paying employees to receive those who come to buy these cards, paying for advertising, and other expenses, etc. Answer: Praise be to Allaah. Producing these cards is not permissible, based on what you have said. That is because the fee paid by those who will benefit from them will cause great harm to those who have no great need to buy those things from those stores. He may think that what he needs is too little, and it will be too much trouble for him to go to those particular stores. A year will go by without him having benefited from this card, or having covered the annual fee that he paid. This is like the way in which insurance companies operate. It will also have an adverse effect on the other stores which do not have an agreement with you. People, or most of them, will turn away from them and will go and buy from the stores with which you have an agreement to refer the people who buy the cards to them. It is haraam to cause harm to a fellow-Muslim. Hence we say that it is not allowed to deal in the cards which some companies make and which are a form of deception on the part of these particular stores, which give this discount to those who 247

Jurisprudence and Islamic Rulings

have these cards, but the discount they give is no more than the amount by which they raised their price over the price charged in other stores. So they make the person who has this card think that he has gotten a discount, when this is not really the case. And Allaah knows best. Kitaab al-Fataawa al-Jibreeniyyah by Shaykh ‘Abd-Allaah ibn Jibreen, p. 23 (www.islam-qa.com) 8949: Issuing letter stating salary of person who wants to buy through the bank Question: People who want to buy cars through the bank or through leasing schemes ask their employers for a letter stating their salary. Is it permissible for the person whose job it is to issue such letters to give them to them or not? Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who answered as follows: If he knows that they want that to help them engage in this haraam transaction, then it is haraam, because the Prophet SAWS (peace and blessings of Allaah be upon him) cursed the one who consumes ribaa, the one who gives it, the two who witness it and the one who records it. And Allaah has forbidden this when He said (interpretation of the meaning): “… do not help one another in sin and transgression…” [al-Maa’idah 5:2] 248

Transactions - Part 6

And Allaah knows best. Shaykh Muhammad ibn Saalih al-‘Uthaymeen (www.islam-qa.com) 5669: Can he sell alcohol in order to pay off an interestbased loan? Question: A brother owns more than five gas stations in which he sells liquor, lottery tickets and other haram items. Now, alhamdulillah, he realised that the earning from such inventory in forbidden He wants to give up but he still has to pay back the loans for those gas stations which include interest too. The question is: can he continue to sell liquor etc (which is the main reason for the success of his business)with the intention of paying back the huge debt? Please note that he already started working in another place with a halal earning. However, this earning of his is not sufficient to cover his debts. I request you to enlighten us. May Allah reward you for your efforts. Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who answered as follows: He should hasten to pay off the loan so that he will no longer be liable for riba (interest). Question: but he is not able to do so, and he has no liquid assets. Can he keep the gas station operating until the debts are paid off? 249

Jurisprudence and Islamic Rulings

Answer: To sell alcohol and facilitate gambling? That is not permissible. Question: So should we tell him to break the wine bottles and close down the gambling operation, and just keep the gas station, until the debt is paid off? Answer: Yes. Question: If he says, ‘I cannot do that, because the income from selling gas is not enough. The bank is demanding the money and if I do not pay them I will be sent to prison.’ Can he stay as he is until the debt is paid off? Answer: No, not at all. Alcohol and gambling are not permissible at all. And Allaah knows best. Shaykh Muhammad ibn Saalih al-‘Uthaymeen (www.islam-qa.com) 5224: Is it permissible for people taking part in an auction to ask someone present not to increase the price? Question: A group of people went to an auction, and they had agreed beforehand that they would not increase the price against one another. The auction started and a friend of theirs came in and started bidding. They spoke to him and said, “We will give you a share, so keep quiet.” Then after the auction was over, they sold the things they had bought and shared the profit between them. What is the ruling on this? Answer: Praise be to Allaah. 250

Transactions - Part 6

We put the following question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who replied as follows: -If there is no one else present at the auction except them, then this is not permissible. But if there are others present, there is nothing wrong with them making such an agreement, so long as they do not prevent anyone else from taking part in the auction. But preventing someone else from taking part and telling him that he will have a share in their profits, is not allowed. Question: if they give him a share, does he have to get rid of the money? Answer: If they give him a share then they are sinners. Question: What should he do with the money? Answer: he should give it back, or he should give it in charity. And Allaah knows best. Shaykh Muhammad ibn Saalih al-‘Uthaymeen (www.islam-qa.com) 10101: Ruling on selling contraceptive measures Question: I am a pharmacy student in my penultimate year at university. I am facing a dilemma regarding the permissibility of contraveption in Islam. I have read your answers and material from other sources and alhamdullilah it is very informative but unfortunately limited to contraceptive measures such as condoms, coils etc. As a pharmacist I will be faced with supplying patients with oral contraceptives such as the pill and especially 251

Jurisprudence and Islamic Rulings

the ‘morning after pill’. I cannot find the Islamic perspective on the last two contraceptive measures and especially the latter. I may be mistaken, but does it say in the Qur’an somewhere that Allah (SWT) enters the soul into the foetus after a particular period of time? If so, please could you give me an answer in light of this since many muslims condemn the use of the ‘morning after pill’ on the basis that it kills a living human being. Some muslims also condemn the use of oral contraceptives/ ’morning after pill’ on the basis that these drugs cause side-effects which may be harmful to the woman taking these but they fail to realise that EVERY drug has the potential to cause side-effects. Please could you give me an answer in light of the views expressed so that I can educate myself and other muslims. Answer: Praise be to Allaah. We advise you not to sell them if you know that the people who are using them are either women who want to avoid getting pregnant if they commit zinaa (unlawful sexual relationships) or men who want to avoid having children, or men whose wives have got pregnant and they want to put an end to the pregnancy. All of these are haraam. If he has to study pharmacy, then let him study it, then when he wants to sell these things, let him tell the would-be purchasers that this is not permissible; it is not permissible to abort a pregnancy or to prevent pregnancy except in cases of necessity. Let him advise them, then whoever does not accept this advice, the sin will be on them. And if he can find a way to avoid selling these things, that will be better. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 252

Transactions - Part 6

10958: Selling before taking possession and selling by installments Question: It has become widespread among people to buy through the banks by installments in return for paying an additional amount on the price of the item being sold. The bank does not own the car or building, but the purchaser chooses it after signing the contract with the bank and agreeing to pay the installments, then the item being bought is handed over. The question is: is this transaction permissible, because we have heard from you and from other scholars, and we have read in the hadeeth, that it is not permissible for a man to sell something unless he has taken possession of it. But in fact the bank does not take possession of this car or building; it does not buy it for itself, it is buying it for the purchaser who has asked for it specifically. They try to justify this by saying that the purchaser is not obliged to buy it if he changes his mind, but they know that he is determined to buy it, otherwise they would not have bought it. The second question is: The bank sets out a condition that if the purchaser changes his mind, he has to pay whatever the bank loses as a result of that. Is this condition valid? Answer: Praise be to Allaah. This question was answered by the Standing Committee for Issuing Fatwas. The text of their reply is as follows: After studying the matter, the Committee for issuing Fatwas replied that it is not permissible to engage in the transaction described, because it is essentially a loan with 253

Jurisprudence and Islamic Rulings

an extra amount to be paid when the loan is paid off. The form described is no more than a trick which ends up being the same as the ribaa which is forbidden by the Qur’aan and Sunnah and according to scholarly consensus. It is essential to forego dealing in such transactions, in obedience to Allaah and His Messenger (peace and blessings of Allaah be upon him). Fataawa al-Lajnah al-Daa’imah li’l-Buhooth wa’l-Iftaa, al-Da’wah magazine, issue # 1756, p. 43 (www.islamqa.com) 10161: Buying and selling shares through the bank Question: He buys shares in companies that deal in permissible things with his own money through the bank. He uses the bank’s facilities and the bank takes a set fee for every share that this man buys or sells – this is in return for using the bank as a middleman and using the bank’s facilities. What is the ruling? Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who answered as follows: It is permissible to pay that as a fee. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 254

Transactions - Part 6

10207: Selling monkeys Question: I want to enter the field of dealing in pet animals like cats and birds. Among the animals I want to deal in are chimpanzees which can be domesticated and trained for entertainment purposes, such as attracting customers to one’s store, or they may be sold to households simply for purposes of amusement. But they are very expensive. Some brothers – may Allaah reward them – have told me that dealing in monkeys is haraam, because they are a sign of Divine punishment and wrath, and because this involves changing their nature and mistreating them, in addition to the fact that they are a waste of money. What is the ruling on that? Answer: Praise be to Allaah. It is not permissible to sell cats, monkeys and dogs, and other carnivores that have fangs, because the Prophet (peace and blessings of Allaah be upon him) forbade that and denounced it, and because it involves a waste of money, which the Prophet (peace and blessings of Allaah be upon him) also forbade. From Fataawaa al-Lajnah al-Daa’imah, 13/37 (www.islam-qa.com) 10204: Selling cigarettes Question: What is the Islamic ruling on selling cigarettes which are sold under licence from the cigarette company?

255

Jurisprudence and Islamic Rulings

Answer: Praise be to Allaah. Smoking is haraam, growing tobacco is haraam, and dealing in it is haraam, because of the great harm which it causes. It was narrated in the hadeeth; “There should be no causing harm or reciprocating harm. Smoking is also one of al-khabaa’ith [evil things]. Allaah described the Prophet (peace and blessings of Allaah be upon him) as (interpretation of the meaning): “… he allows them as lawful al-Tayyibaat [all good and lawful things] and prohibits them as unlawful al-Khabaa’ith [all evil and unlawful things]…” [al-A’raaf 7:157] And Allaah says (interpretation of the meaning): “They ask you what is lawful for them. Say: ‘Lawful unto you are al-tayyibaat…” [al-Maa’idah 5:4] From Fataawaa al-Lajnah al-Daa’imah, 13/31 (www.islam-qa.com) 10205: Renting videos Question: I want to open a video store to sell and rent tapes, whilst adhering to the teachings (of Islam) and not going against anything in sharee’ah. Is this or the income I will take from it haraam? Knowing that I do not want to do anything that will earn the wrath of Allaah. Answer: Praise be to Allaah. 256

Transactions - Part 6

Videos, radios, TVs and other media equipment are in and of themselves neither halaal nor haraam, because they are merely machines. The ruling is based on whatever it is used for. If it is used mostly or solely for haraam purposes it is haraam, otherwise it is halaal. On this basis, if the video is to be used only for good purposes as you state, then it is good, otherwise it is bad. And Allaah knows best. From Fataawaa al-Lajnah al-Daa’imah, 13/47 (www.islam-qa.com) 10201: Selling items used by women for adornment Question: What is the ruling on dealing in items used by women for adornment and selling them to women whom the vendor knows will wear them in order to flaunt themselves before non-mahram men in the streets, as he can see from the way she looks in front of him, and as is unfortunately widespread in some places? Answer: Praise be to Allaah. It is not permissible to sell them if the businessman knows that the person who buys them is going to use them for things that Allaah has forbidden, because this means that he is cooperating in sin and transgression. But if he knows that the purchaser is only going to wear them for her husband or he does not know anything, then it is permissible for him to sell them. From Fataawaa al-Lajnah al-Daa’imah, 13/67 (www.islam-qa.com) 257

Jurisprudence and Islamic Rulings

9385: Ruling on selling visas and work permits Question: I brought in some foreign workers about eight years ago, and sold the visas to another person here, on the basis that he would bring in the workers and they would do whatever work he wanted, i.e., they would not be working with me in my company. This was a condition between me and them, and we agreed that they would pay a portion of their salary to me at the end of each month, but this was not binding. Some of the workers have gone back to their own country, and I have no address for them, and some of them are still here, but I do not take any money from them. What is the ruling on the money which I have taken for selling the visas and the money I have taken from the workers? Answer: Praise be to Allaah. Selling visas is not permissible, because it involves telling lies, breaking the law and deceiving the authorities, and it is consumption of wealth by means of falsehood. Allaah says (interpretation of the meaning): “And eat up not one another’s property unjustly (in any illegal way, e.g. stealing, robbing, deceiving), nor give bribery to the rulers…” [al-Baqarah 2:188]. On this basis, the money you earned from selling the visas and the money you took from the workers is haraam income, so you have to get rid of it and clear yourself of it. Whatever you have obtained by selling visas, spend it 258

Transactions - Part 6

in charitable ways such as giving to the poor and building facilities that will benefit the Muslims. Concerning the money which you have taken from the workers themselves each month, you have to give it back to them if they are still in the country, or try to send it to them in their own country. If you could not find out where they are or send it to them, then give it in charity on their behalf, because this money was deducted from them unlawfully and they were not compensated for it. You have to keep on repenting for this action, and never repeat it in the future. Whoever gives up something for the sake of Allaah, Allaah will compensate him with something better. Allaah says (interpretation of the meaning): “And whosoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (from every difficulty). And He will provide him from (sources) he never could imagine” [al-Talaaq 65:2-3] From Fataawaa al-Lajnah al-Daa’imah, 13/70 (www.islam-qa.com) 9941: Grocery store selling foods containing pork ingredients Question: Is it permissible to sell foods which contain pork or alcohol? There are many Muslims in America who own grocery stores where they sell beer, pork and tobacco, or they work in such stores. Answer: Praise be to Allaah. 259

Jurisprudence and Islamic Rulings

It is not permissible to sell that which it is haraam to eat or to use – this includes the things mentioned in the question. From Fataawaa al-Lajnah al-Daa’imah, 13/47 Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 3004: Opening a store to sell reptiles and predatory animals Question: I want to ask a question about the Islamic ruling on dealing in and buying animals for hobby purposes or for decorative purposes. These include the following, which is not a comprehensive list Decorative birds such as parrots and other colourful birds Reptiles such as snakes and lizards Predators such as wolves, lions, foxes, etc. — where these animals are kept for their beautiful appearance or used for their fur. It is known that they are expensive and will be kept behind bars, but dealing in them is very profitable. Answer: Praise be to Allaah. Firstly: selling decorative birds like parrots, colourful birds and nightingales for their voices is permissible, because looking at them and listening to them is something that is permissible. There is no text in the sharee’ah which forbids selling them or collecting them; however there are texts which may be understood as meaning that it is permissible to keep them in cages, so long as they are fed and watered and given whatever care 260

Transactions - Part 6

is needed. Among these texts is the hadeeth narrated by al-Bukhaari from Anas, who said: “The Prophet (peace and blessings of Allaah be upon him) was the best of people in attitude. I had a brother called Abu ‘Umayr, who had just been weaned, I think. When (the Prophet (peace and blessings of Allaah be upon him)) came, he would say, ‘O Abu ‘Umayr, what happened to the nughayr?’ – a nughar [young sparrow or small bird] with which he used to play.” This nughar is a type of bird. AlHaafiz ibn Hajar said in his commentary (Fath al-Baari), when enumerating the things that we learn from this hadeeth: “… it is permissible for children to play with birds; it is permissible for parents to allow their children to play with things with which it is permissible to play; it is permissible to spend money on permissible things to entertain children; it is permissible to keep a bird in a cage or to clip a birds’ wings – for one or the other must have been the case with Abu ‘Umayr’s bird, and whichever one it was, the other is also implied in the ruling. There is also the hadeeth narrated by Abu Hurayrah (may Allaah be pleased with him), in which the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “A woman entered Hell because of a cat which she detained but she did not give it food or water, and she did not let it free so that it could eat of the vermin of the earth.” (Narrated by al-Bukhaari in al-Saheeh, 4/100,152; Ahmad, 2/261). If this is permissible in the case of cats, then it is also permissible in the case of birds etc. Some scholars believed it to be makrooh to keep them in cages. Some believed that it was not allowed, and said: because people do not need to listen to their voices and look at them. This is an unnecessary luxury and soft living, and it is also foolishness because it means that one is enjoying the voice of a creature that is calling out in 261

Jurisprudence and Islamic Rulings

longing to be allowed to fly and grieving that it cannot fly freely in the open air – as was stated in the book AlFuroo’ wa Tasheehuh by al-Mirdaawi, 4/9, and al-Insaaf, 4/275. Secondly: among the conditions of valid sales is that the thing to be sold is something which it is permissible to use and benefit from, even if there is no necessity as such. There is no benefit in snakes, which are indeed harmful, so it is not permissible to buy or sell them. The same applies to lizards – there is no benefit in them, so it is not permissible to sell or buy them. Thirdly: it is not permissible to sell predators such as wolves, lions, foxes or any other fanged carnivore, because the Prophet (peace and blessings of Allaah be upon him) forbade that, and because it is a waste of money, which was also forbidden by the Prophet (peace and blessings of Allaah be upon him). From Fataawaa al-Lajnah al-Daa’imah, 13/38 (www.islam-qa.com) 2997: Selling a box of toys whose contents are unknown Question: I have a grocery in which there is a product which consists of a carton in which are twelve boxes. This is called “Try Your Luck” – each box contains candy and a child’s toy, either a car, airplane, fan or train. Each box has a different toy inside. What is the ruling on selling these things to customers? Answer: Praise be to Allaah. 262

Transactions - Part 6

In this kind of product the boxes are sealed and it is not known which kind of child’s toy is inside. This is bay’ majhool (selling something sight unseen), which lacks the necessary condition of knowledge of what is being sold, either by sight or by description. Hence it is not permissible to deal with this kind of product where what is being sold is not known, either by sight or by description, because it is a kind of deceptive sale such as was forbidden in the hadeeth of Abu Hurayrah (may Allaah be pleased with him), who narrated that the Prophet (peace and blessings of Allaah be upon him) forbade sales of deception. (Narrated by Muslim, 3/1153) From Fataawaa al-Lajnah al-Daa’imah, 13/85 (www.islam-qa.com) 6682: Selling alcohol to kaafirs Question: Is it permissible to deal in alcohol and pork if one is not going to sell them to Muslims? Answer: Praise be to Allaah. It is not permissible to deal in foods and other things, such as alcohol and pork, that Allaah has prohibited, even if one is selling to kaafirs, because it was reported that the Prophet (peace and blessings of Allaah be upon him) said: “When Allaah forbids a thing, He forbids its price.” And because he (peace and blessings of Allaah be upon him) cursed alcohol and the one who drinks it, the one who sells it, the one who buys it, the one who carries it, 263

Jurisprudence and Islamic Rulings

the one to whom it is carried, the one who consumes its price, the one who squeezes the grapes and the one for whom they are squeezed. And Allaah knows best. From Fataawaa al-Lajnah al-Daa’imah, 13/47 (www.islam-qa.com) 6700: Rewards for donating blood Question: The blood bank gives gifts to blood donors, such as prayerrugs, key-rings or some money. Please tell us what Islam says about these gifts. Answer: Praise be to Allaah. It is not permissible to sell blood, because of the report in Saheeh al-Bukhaari from the hadeeth of Abu Hudhayfah, who said: “I saw my father buy a cupper [a person who does cupping] and order that his tools be broken. I asked him about that and he said, ‘The Messenger of Allaah (peace and blessings of Allaah be upon him) forbade the price of blood, .....’” (Al-Bukhaari, 3/12,43; Ahmad, 4/ 308, 309). Al-Haafiz said in al-Fath: what is meant by the prohibition of blood is the same as the prohibition of dead meat and pork. It is haraam according to scholarly consensus, i.e., selling blood and taking its price. And Allaah knows best. From Fataawaa al-Lajnah al-Daa’imah, 13/71 (www.islam-qa.com) 264

Transactions - Part 6

4270: His father asks him to buy cigarettes for him Question: I know that smoking cigarets are haram. But what about going to the store and buying them for someone else. And if that is haram too, does that ruling apply buying them for one’s father? Answer: Praise be to Allaah. It is not permissible for you to buy anything for your father which it is haraam to use, whether it is tobacco, opium, hashish, alcohol or whatever, even if he tells you to do that. It was reported that the Prophet (peace and blessings of Allaah be upon him) said: “There is no obedience to any created being if it involves disobedience of the Creator” and, “Obedience is only with regard to things which are right and good (ma’roof).” You have to advise him and apologize to him politely for not buying them for him. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 7851: Selling a mobile phone for which the purchaser pays in installments, from which the vendor pays for the “smart card” Question: There are some companies which sell mobile phones in the following way:

265

Jurisprudence and Islamic Rulings

The two parties agree that the company will sell the individual a mobile phone, and will obtain a “smart card” from the telecommunications company, all for a total price of 5000 riyaals, of which the vendor will pay 3000 riyaals to the communications company in return for a “smart card” in the name of the purchaser. One thousand riyaals covers the price of the phone itself. The total figure is to be paid in monthly installments. Is it permissible for the company to sell in installments before they bring the card to the purchaser, knowing that they do not actually own the card? Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who answered as follows: It seems that this is not permissible, because the purchaser is telling the vendor, Lend me the cost of the “smart card”, then I will pay you back with something extra. This extra amount is ribaa (usury/ interest). But it is permissible to sell the phone on its own by installments, because the vendor actually owns it. Question: what if he says, Give me the extra amount for the phone? Answer: it does not work this way, because the extra amount is being paid for the whole package. This is haraam, and he should buy the “smart card” with his own money (i.e., the purchaser). Question: does this come under the heading of two contracts in one? Could the relationship between the 266

Transactions - Part 6

purchaser and the vendor (with regard to the “smart card”) be that of delegating someone to do something and paying him for his services? Answer: No, because every contract should be dealt with individually. The first contract is with the telecommunications company and the second is with the company (which is selling the phone) – and this is not permissible. It is as if they are giving him (the purchaser) a loan, which they then give to the telecommunications company, then they are asking for extra repayment. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 3011: Is it permissible to sell pure silk? Question: In Question number 164 on the ruling of selling wine to non-muslims Sheikh has quoted to be said: “Verily when Allah forbids something, He forbids its price.” I have a service which anyone can subscribe by sending email to: XXXX in the body of the message subscribe ahad This service sends one hadith a day, english translation, from Sahih Al-Bukhari. Here’s what they have sent me: Bukhari Vol 8; no. 11 Narrated by Ibn Umar (Radhiallaho Anho): My father, seeing a silken cloak being sold, said, “O Allah’s Apostle! Buy this and wear it on Fridays and when the foreign delegates pay a visit to you.” He said, “This is worn only by that person who will have no share in the Hereafter.” Later a few silken cloaks were given to the Prophet (Sallahllaahu ‘alaihi wasallam) as a gift, and he sent one of those cloaks to Umar. Umar said (to the Prophet), “How can I wear it while you have said about it 267

Jurisprudence and Islamic Rulings

what you said?” The Prophet (Sallallaahu ‘alaihi wasallam) said, “I did not give it to you to wear but to sell or to give to someone else to wear.” So Umar sent it to his (pagan) brother who was from the inhabitants of Mecca before he (Umar’s brohter) embraced Islam. From the hadith quoted above it seems like it is permissible to sell it or to give it to non-Muslims. Answer: Praise be to Allaah. We constantly advise people, when reading texts that appear to present a problem, to examine all versions and isnaads of these ahaadeeth, and to refer to the words of scholars and commentators, because they have the knowledge and understanding that can dispel the confusion. In the following discussion we will quote several versions of the hadeeth as reported by al-Bukhaari (may Allaah have mercy on him), then we will give a summary from the commentary on the hadeeth by alHaafiz Ahmad ibn ‘Ali ibn Hajar al-‘Asqallaani (may Allaah have mercy on him) from his book Fath al-Baari Sharh Saheeh al-Bukhaari, and from the commentary of Imam al-Nawawi (may Allaah have mercy on him) on the same hadeeth in Saheeh Muslim. ‘Abd-Allaah ibn ‘Umar reported that ‘Umar ibn alKhattaab saw a hullah siyara’ [a type of two-piece garment] at the door of the mosque and said, “O Messenger of Allaah, why don’t you buy this and wear it on Fridays and when the delegations come to you?” The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “This is only worn by one who has no share in the Hereafter.” Then the Messenger of Allaah (peace and blessings of Allaah be upon him) was brought a number of garments [hullahs] of the same type. He gave 268

Transactions - Part 6

one of them to ‘Umar ibn al-Khattaab (may Allaah be pleased with him) and ‘Umar said, “O Messenger of Allaah, are you giving it to me to wear it when you said what you said about the hullah of ‘Utaarid (the vendor of the first hullah)?” The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “I am not giving it to you to wear it.” So ‘Umar ibn al-Khattaab (may Allaah be pleased with him) gave it to a brother of his in Makkah who was a mushrik.” (Saheeh al-Bukhaari, 837). According to another report: “[The Prophet (peace and blessings of Allaah be upon him) said:] Sell it and benefit from its price.” Al-Bukhaari, 896. According to another report: “I did not send it to you for you to wear it, for it is worn only by one who has no share in the Hereafter. I sent it to you so that you could benefit from it – i.e., by selling it.” Al-Bukhaari, 1962. According to another report: “Umar said: ‘How can I wear it when you said what you said about it?’ He said, ‘I did not give it to you for you to wear it; sell it or give it to someone else.’ So ‘Umar sent it to a brother of his among the people of Makkah, before he [the brother] became Muslim.” Al-Bukhaari, 2426. According to another report: “He said: ‘Sell it and spend the money on your own needs.’” Al-Bukhaari, 2826. According to another report: “He said: ‘I sent it to you so that you could make some money from it.’” Al-Bukhaari, 5617. Ibn Hajar (may Allaah have mercy on him) said: “Concerning the phrase, ‘Why don’t you buy it and wear it?’ – it is as if ‘Umar wanted the Prophet (peace and blessings of Allaah be upon him) to buy it and wished that he would do so. ‘This is only worn’ – according to 269

Jurisprudence and Islamic Rulings

the report of Jareer ibn Haazim, he said, ‘silk is only worn’. ‘One who has no share’ – Maalik added in his report, ‘in the Hereafter.’ This could mean the one who has no share in the Hereafter, i.e., of silk clothes. ‘He gave it to him’ – it is apparent from the rest of the hadeeth that he did not give it to him to wear, or it could mean that he gave him something that could be used for clothing. [The verb used, kasaa, has the sense of covering or clothing]. According to the report of Maalik, ‘Then the Messenger of Allaah (peace and blessings of Allaah be upon him) was brought a number of similar hullahs, and he gave one to ‘Umar.’ In another report, ‘Later on some hullahs (of the same type) were brought to the Messenger of Allaah (peace and blessings of Allaah be upon him), and he sent one to ‘Umar and one to Usaamah ibn Zayd, and gave one to ‘Ali ibn Abi Taalib.’ ‘Sell it and spend the money on your own needs’ – means benefit from its price, or it could mean trade it or exchange it, or some more general meaning. (Note): the reason why this hadeeth was included in Baab al-Hareer li’l-nisa’ (Chapter on silk for women) is because the Prophet (peace and blessings of Allaah be upon him) said to ‘Umar, ‘sell it or use it for clothing.’ Silk is forbidden for men, and there is no difference between ‘Umar and other men in that regard, so the permission to give it to someone else to wear applies only if it is given to a woman. The fact that ‘Umar gave it to his brother should not be a source of confusion to those who believe that the minor issues of sharee’ah apply to kaafirs too, as ‘Umar gave it to his brother to sell it or to give it to a woman to wear. In some versions of the hadeeth… Ibn ‘Umar said: ‘The Messenger of Allaah (peace and blessings of Allaah be upon him) saw ‘Utaarid wearing a silk garment and he 270

Transactions - Part 6

disliked that for him, then he gave ‘Umar a similar garment…’ and ‘… [he said,] “I did not give it to you to wear it, I gave it to you to give to women to wear.”’ This is an indication that it is permissible for women to wear pure silk. Imaam Muslim (may Allaah have mercy on him) reported in his Saheeh that Jaabir ibn ‘Abd-Allaah (may Allaah be pleased with him) said: ‘The Prophet (peace and blessings of Allaah be upon him) one day wore a coat of silk brocade that had been given to him, but soon afterwards he took it off and sent it to ‘Umar ibn al-Khattaab. It was said to him, “But you took it off so quickly, O Messenger of Allaah.” He said, “Jibreel forbade me to wear it.” Then ‘Umar came to him, weeping, and said, “O Messenger of Allaah, you disliked something and gave it to me. What is wrong with me?” He said, “I did not give it to you to wear it, I gave it to you to sell it.” So he sold it for two thousand dirhams.’ (Reported by Muslim, 3861).” Al-Nawawi (may Allaah have mercy on him) said in his commentary on Saheeh Muslim: “In the hadeeth of ‘Umar about this hullah there is evidence that silk is forbidden for men and permitted for women, that it is permissible to give it, that its price is permitted, and that a Muslim is permitted to give a kaafir clothes and other things. ‘So ‘Umar gave it to a mushrik brother of his in Makkah’ – this is how it was reported by al-Bukhaari and Muslim. According to a report narrated by al-Bukhaari in some chapter, “Umar sent it to a brother of his among the people of Makkah, before he [the brother] became Muslim’ – this indicates that he (the brother) subsequently became Muslim… This also indicates that it is permissible to maintain family ties with kaafirs and to treat them well, and that it is permissible to give gifts to kaafirs. The 271

Jurisprudence and Islamic Rulings

permission to give silk clothes to men does not mean that they should wear them. Some may misinterpret this to mean that kaafir men are permitted to wear silk, but this is incorrect. The hadeeth describes giving a gift to a kaafir, but does not give them permission to wear silk. The Prophet (peace and blessings of Allaah be upon him) sent silk garments to ‘Umar, ‘Ali and Usaamah (may Allaah be pleased with them), but this does not mean that they were permitted to wear silk; he stated quite clearly that he was giving it to them so that they could benefit from it in some way other than by wearing it. The correct opinion, which is that of the majority of scholars, is that the minor issues of sharee’ah apply equally to kaafirs, so they are forbidden to wear silk just as Muslims are. And Allaah knows best. Al-Bukhaari (may Allaah have mercy on him) reported another hadeeth on the same issue from al-Miswar ibn Makhramah, who said that his father Makhramah said to him: ‘O my son, I have heard that the Messenger of Allaah (peace and blessings of Allaah be upon him) has received some coats and he is sharing them out, so let us go to him.’ So we went and found the Prophet (peace and blessings of Allaah be upon him) in his house. [My father] said to me, ‘O my son, call the Prophet (peace and blessings of Allaah be upon him) for me.’ I felt too embarrassed, so I said, ‘Should I call the Messenger of Allaah (peace and blessings of Allaah be upon him) for you?’ He said, ‘O my son, he is not arrogant.’ So I called him, and he came out carrying a coat of silk brocade with gold buttons. He said, ‘O Makhramah, we kept this for you,’ and he gave it to him. (Reported by al-Bukhaari, Kitaab al-Libaas, Baab alMuzarrar bi’l-Dhahab). Ibn Hajar (may Allaah have mercy on him) said in his commentary on the hadeeth: 272

Transactions - Part 6

“ ‘He came out carrying a coat of silk brocade with gold buttons’ – it is possible that this happened before silk was prohibited, but after silk and gold were prohibited for men, this report can no longer be used as evidence by those who want to permit these things. It is also possible that this happened after these things were prohibited, in which case the garment was given so that the recipient could benefit from it either by selling it or by giving it to women to wear.” In brief, then, the answer to the matter raised in the question is that so long as a silk garment has some legitimate use, such as clothing for women, then it is permissible to sell it and take the money paid for it. And Allaah knows best. May Allaah bless our Prophet Muhammad. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 5444: Selling perfume to non-Muslim women Question: i would like to know if it is haraam for me to sell perfume to non muslim women. i am asking because of the hadith about the woman who comes out of her home and the scent of her perfume reaches the people then she is like a prostitute. please list the proof. jazakala khairan Answer: Praise be to Allaah. 273

Jurisprudence and Islamic Rulings

The basic principle is that selling, whether to Muslims or others, is permissible. Perfume is used for a number of things, but it is haraam to sell it to a person who it is known will use it for a haraam purpose. The same applies to all things that Allaah has permitted. For example, it is permissible to sell grapes to Muslims and others, but some people may use them to make wine. The guideline is: if it is known that a person will use for haraam purposes something that it is permitted to sell, then it is not permissible to sell it to him, otherwise it is permissible. If you were dealing in grapes, and a kaafir came to you wanting to buy some, and you did not know whether he was going to use them for food or to make wine, then in principle it is permissible to sell them to him. But if the representative of a wine producer came wanting to buy grapes, and you knew that, then it is not permissible to sell them to him. And Allaah is the source of strength. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 5232: A vendor imposed a condition that a prospective purchaser has to pay him some compensation if he does not buy Question: They imposed a condition that if he did not buy the product from them, he would have to pay them compensation if they sold it at a loss. Is this an invalid condition? For example, he came and said, “I want to buy such and such a product” and they said, “We will bring it from America and if you do not buy it, and we sell it to someone else at a loss, you will have to compensate us because you broke your promise.” Is this an invalid condition? 274

Transactions - Part 6

Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who answered as follows: Yes, this is an invalid condition. And Allâh knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 1810: Selling on consignment and selling a product before it arrives Question: What, in your view, is the shar’i ruling on selling on consignment and selling goods bought from abroad before they arrive in one’s store? Answer: Praise be to Allaah. The first question is: what is the ruling on selling on consignment? This means that a person says, I will sell you these goods – whatever you manage to sell will come under this deal, and whatever you do not sell, I will take back. This transaction in haraam, because it clearly involves an unknown element as neither the vendor nor the purchaser knows how much of the goods will be sold. The issue here is jahaalah (ignorance, not knowing). It was reported that the Prophet (peace and blessings of 275

Jurisprudence and Islamic Rulings

Allaah be upon him) forbade sales that involve undue risk (gharar) and this is clearly a risky transaction. But if the two sides have to do a deal, then the owner of the goods should give them to the other party to sell them on his behalf, and give him a reward for acting as his agent. This will achieve the aim of both parties, with the latter acting as an agent for the former. There is nothing wrong with this. As for selling goods before they arrive, this is not permitted either, because the Prophet (peace and blessings of Allaah be upon him) forbade selling from the same place where goods are bought before the trader has actually acquired them (lit. added them to his own luggage). He should first take possession of them, then he can sell them. As for selling them when they are in another country, when he does not know if they will arrive intact or not, this is not permitted. If a person were to say that the purchaser is obliged to accept the goods “as is”, whether they are defective or not, our response is: a person may agree to that, hoping to make a profit, but if the goods turn out to be defective, he will regret it and be upset, and a dispute may arise between him and the vendor. Islam – praise be to Allaah – has blocked the way to regret, disputes and conflict. By the same token, if the goods get destroyed en route, conflicts may arise between the two parties. The point here is that it is not permitted to sell goods until they have have reached the vendor, then he may sell them. Liqa’ al-Baab al-Maftooh by Ibn ‘Uthaymeen, 54/94 (www.islam-qa.com)

276

Transactions - Part 6

3746: Selling haraam and doubtful things Question: Assalamu alikum. I understand that selling haram things are probihibited. If I have a grocery store and I sell soaps, toothpastes etc that contain haram or doubtful ingredients, shall I commit sin? Thanks. Answer: Praise be to Allaah. It is not permissible to sell them because when Allaah forbids a thing He also forbids its price. Ibn ‘Abbaas (may Allaah be pleased with them both) said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘Allaah has cursed the Jews because fat was forbidden to them, but they sold it and took its price. When Allaah forbids something he also forbids its price.’” (Reported by Imaam Ahmad, 2546). With regard to doubtful things, it is better not to sell them, so as to be free of any blame, as the Prophet (peace and blessings of Allaah be upon him) said. Al-Nu’maan ibn Basheer said: “I heard him saying, ‘I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say: “What is permitted is clear and what is prohibited is clear, and between them are doubtful things which many people do not know about. Whoever avoids doubtful things will be on the safe side with regard to his religion and his honour, but whoever falls into doubtful things will fall into haraam things.”’” (Reported by Muslim, 2996). And Allaah is the Source of Strength Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)

277

Jurisprudence and Islamic Rulings

Chapter 9 Transactions Business and Finance: Interest 23346: Ruling on depositing money in the bank, and interest Question: We are indian citizens.we deposite money in the bank...how to deal with the interest given by banks. Answer: Praise be to Allaah. Firstly: Depositing money in the bank in return for interest is riba (usury), which is a major sin. Allaah says (interpretation of the meaning): “O you who believe! Be afraid of Allaah and give up what remains (due to you) from Ribaa (from now onward) if you are (really) believers. 279. And if you do not do it, then take a notice of war from Allaah and His Messenger but if you repent, you shall have your capital sums. Deal not unjustly (by asking more than your capital sums), and you shall not be dealt with unjustly (by receiving less than your capital sums)” [al-Baqarah 2:278-279] If a Muslim is forced to put his money in the bank, because he cannot find any other means of keeping his money 278

Transactions - Part 6

safe apart from putting it in the bank, then there is no sin in that, in sha Allaah, subject to two conditions: 1- That he does not take any interest in return 2- That the bank does not deal only with interest, rather it should have some other activities that are permissible in which it invests the money deposited. See questions no. 22392 and 49677 It is not permissible to make use of the interest (riba) which the banks pay to their customers. They must get rid of it by donating it to charitable causes. The Scholars of the Standing Committee for Issuing Fatwas said: The interest which the banks pay to depositors on the money that they deposit in them is regarded as riba (usury). It is not permissible to make use of this interest, and the customer must repent to Allaah from depositing his money in riba-based banks. He should withdraw the money that he deposited and the interest, keep the original amount and donate the extra to charity, to the poor and needy or for renovating public facilities etc. Fataawa Islamiyyah, 2/404 And Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) said: With regard to the interest that the bank gives to you, do not give it back to the bank and do not keep it, rather spend it on charitable causes such as giving it to the poor, renovating public washrooms, helping debtors who are unable to pay off their loans, etc. Fataawa Islamiyyah, 2/407 And Allaah knows best. Islam Q&A (www.islam-qa.com) 279

Jurisprudence and Islamic Rulings

39829: Borrowing from a riba-based bank in order to buy a house Question: I want to take a loan from the bank in order to buy a house. This will involve the following: 1 – I join the bank al-iskaan (bank that deals in mortgages) and pay 182 dinars a month for four years, i.e., 8736 dinars in total, which will become 10,000 dinars (deposits plus interest). 2 – Then I will be able to borrow 20,000 dinars from the bank, which I will have 13 years to pay back at an interest rate of 6.75% per year. 3 – In addition to that, there is a top-up loan of 20,000 with an interest rate of 8.25%. When I move into the house, I will be renting it from the bank until the loan is paid off, then it will become mine. The period for paying off the loan is between 13 and 15 years. What is the ruling on this?. Answer: Praise be to Allaah. Dealing with riba (usury, interest) is a major sin against which Allaah has issued a stern warning. He says (interpretation of the meaning): “O you who believe! Fear Allaah and give up what remains (due to you) from Ribaa (from now onward) if you are (really) believers. 279. And if you do not do it, then take a notice of war 280

Transactions - Part 6

from Allaah and His Messenger but if you repent, you shall have your capital sums. Deal not unjustly (by asking more than your capital sums), and you shall not be dealt with unjustly (by receiving less than your capital sums)” [al-Baqarah 2:278] “Those who eat Ribaa will not stand (on the Day of Resurrection) except like the standing of a person beaten by Shaytaan (Satan) leading him to insanity. That is because they say: “Trading is only like Riba,” whereas Allaah has permitted trading and forbidden Riba. So whosoever receives an admonition from his Lord and stops eating Riba, shall not be punished for the past; his case is for Allaah (to judge); but whoever returns (to Riba), such are the dwellers of the Fire — they will abide therein” [al-Baqarah 2:275] And it was proven that the Prophet (peace and blessings of Allaah be upon him) cursed the one who consumes riba and the one who pays it. Narrated by al-Bukhaari, 5962. In the transaction asked about here, both the individual and the bank are giving and taking riba. The Prophet (peace and blessings of Allaah be upon him) said: “A dirham which a man consumes as riba knowingly is worse before Allaah than thirty-six acts of zina.” Narrated by Ahmad and al-Tabaraani; classed as saheeh by alAlbaani in Saheeh al-Jaami’, no. 3375. And he said: “There are seventy-two types of riba, the least of which is like a man committing incest with his mother.” Narrated by al-Tabaraani in al-Awsat; classed as saheeh by alAlbaani in Saheeh al-Jaami’, no. 3537. The scholars are unanimously agreed that every loan involving interest or any kind of benefit is haraam. Ibn Qudaamah (may Allaah have mercy on him) said: Every loan in which it is stipulated that an additional payment be made is haraam, with no scholarly dispute. Ibn al281

Jurisprudence and Islamic Rulings

Mundhir said: They are unanimously agreed that if the lender stipulates that the borrower must pay extra or give a gift, and he gives the loan on this basis, this is riba. It was narrated from Ubayy ibn Ka’b, Ibn ‘Abbaas and Ibn Mas’ood that they forbade loans that lead to any kind of benefit (extra payment, gifts, etc). Al-Mughni, 6/436. Secondly: With regard to the idea of you renting the house until the loan is paid off, after which it will be yours, this is also haraam. We have already stated in the answer to question no (14304) that rent-to-own schemes are haraam. To sum up, this transaction is haraam and it is darkness upon darkness. It is not permissible for a Muslim to take the matter of riba transactions lightly after the stern warning about such transactions has been proven and it has been definitively established that they are haraam. Rather what he must do is to seek that which is halaal, for every body that is nourished by haraam, the Fire is more suited for it. But whoever gives up something for the sake of Allaah, Allaah will compensate him with something better than it. The Standing Committee was asked about the Islamic ruling on taking a loan from a riba-based bank in order to build a modest house. They replied: It is haraam to take a loan from banks or elsewhere with riba, whether that is to build something or to spend it on food, clothing or medical expenses or to start a business and earn more money, or any other purpose, because of the general meaning of the verses that forbid riba, and the general meaning of the ahaadeeth which indicate that it is haraam. Similarly it is not permissible to deposit money in banks etc that pay interest.

282

Transactions - Part 6

And Allaah is the Source of strength. May Allaah send blessing and peace upon our Prophet Muhammad and his family and companions. Fataawa al-Lajnah al-Daa’imah (13/385). And Allaah knows best. Islam Q&A (www.islam-qa.com) 40409: It is not permissible to buy bank shares or deal in them Question: It is not permissible to buy bank shares or deal in them Answer: Praise be to Allaah. Bank shares are in fact money, and based on this it is not permissible to buy or sell bank shares because that is selling money for money without meeting the conditions of equal amounts and concluding the exchange in one sitting. Moreover the banks are riba-based institutions and it is not permissible to cooperate with them by either buying or selling, because Allaah says (interpretation of the meaning): “Help you one another in AlBirr and At Taqwa (virtue, righteousness and piety); but do not help one another in sin and transgression. And fear Allaah. Verily, Allaah is Severe in punishment” [al-Maa’idah 5:2]

283

Jurisprudence and Islamic Rulings

And it was proven that the Prophet (peace and blessings of Allaah be upon him) cursed the one who consumes riba, the one to whom it is given, the one who writes it down and the two who witness it, and he said they are all the same. Narrated by Imam Muslim. All that you are entitled to is your capital. My advice to you and to other Muslims is to beware of all riba-based transactions and to warn against them, and to repent to Allaah from any such transactions you may have engaged in in the past, because riba-based transactions are a kind of war against Allaah and His Messenger (peace and blessings of Allaah be upon him), and are one of the causes of the wrath and punishment of Allaah, and He says (interpretation of the meaning): “Those who eat Ribaa will not stand (on the Day of Resurrection) except like the standing of a person beaten by Shaytaan (Satan) leading him to insanity. That is because they say: ‘Trading is only like Ribaa,’ whereas Allaah has permitted trading and forbidden Ribaa. So whosoever receives an admonition from his Lord and stops eating Ribaa, shall not be punished for the past; his case is for Allaah (to judge); but whoever returns (to Ribaa), such are the dwellers of the Fire — they will abide therein” [al-Baqarah 2:275] And Allaah says (interpretation of the meaning): “O you who believe! Be afraid of Allaah and give up what remains (due to you) from Ribaa (from now onward) if you are (really) believers. 279. And if you do not do it, then take a notice of war from Allaah and His Messenger but if you repent, you shall have your capital sums. Deal not unjustly (by asking 284

Transactions - Part 6

more than your capital sums), and you shall not be dealt with unjustly (by receiving less than your capital sums)” [al-Baqarah 2:278-279] And please note the hadeeth referred to above. Shaykh ‘Abd al-“Azeez ibn Baaz (may Allaah have mercy on him). Fiqh wa Fataawa al-Buyoo’ (Jurisprudence and rulings on financial transactions) by Ashraf ‘Abd al-Maqsood, p. 360 (www.islam-qa.com) 45902: He used a credit card, which is haraam, and he owes money. Should he pay it off? Question: I have a demand from the bank for 5800 riyals because of a credit card that I had 5 years ago, and I did not pay off what I owe because I found out that it is haraam. I do not know exactly how much I withdrew. They are demanding that I pay this amount in full even though I did not withdraw more than 3500 riyals. Answer: Praise be to Allaah. So long as you know that you did not withdraw more than 3500 riyals, then you should pay them this amount and no more, if you can do that. If you cannot avoid it – such as if they threaten you with jail etc – then negotiate with them to reduce the extra 285

Jurisprudence and Islamic Rulings

amount rest as much as you can. You also have to repent greatly from this haraam transaction. And Allaah knows best. Islam Q&A (www.islam-qa.com) 50016: Is it permissible to act as guarantor for a person taking a loan from the bank? Question: What is the Islamic ruling on acting as guarantor for a person taking a loan from the bank?. Answer: Praise be to Allaah. If this loan is riba-based (as is the case with most banks), meaning that the bank will take interest from him, then it is not permissible for you to act as a guarantor for the borrower, because by doing so you are helping the borrower and the bank to engage in riba (usury, interest), which is forbidden by Allaah and His Messenger, and which the Muslims are unanimously agreed is haraam. The scholars of the Standing Committee were asked about the ruling on sponsoring a person who wants to borrow from a riba-based bank. They replied: If the situation is as described, and the bank will charge interest on the loan, it is not permissible for the manager, the accountant or the treasurer to cooperate with them in that, because Allaah says (interpretation of the meaning): “do not help one another in sin and transgression” [alMaa’idah 5:2] 286

Transactions - Part 6

And it was proven that the Prophet (peace and blessings of Allaah be upon him) cursed the one who consumes riba, the one who pays it, the one who writes it down and the two who witness it, and he said: “They are all the same.” Fataawa al-Lajnah al-Daa’imah, 13/410 And Allaah knows best. Islam Q&A (www.islam-qa.com) 49677: Where should he deposit his money in these times when riba is so widespread? Question: Where should I deposit my money in an age when people have become so negligent and the banks are dubious because of riba, and we have no Islamic banks and keeping the money at home is not safe? I want to deposit my money in a place that is permissible, without committing any sin. And I want to invest it and pay zakaah on it, otherwise it will get used up and the amount of zakaah will be reduced. Answer: Praise be to Allaah. Depositing one’s money in a riba-based bank helps the bank to deal in riba; this applies even if you do not get any interest on your deposit. If you do get interest, this is the riba that is forbidden by Allaah and His Messenger. The Messenger of Allaah 287

Jurisprudence and Islamic Rulings

(peace and blessings of Allaah be upon him) cursed the one who consumes riba and the one who gives it. Whoever has wealth that he wants to save or invest should look for a permissible way of doing so. He may give the money to a trustworthy man to do business with it for him, and they can share the profit in whatever manner they agree upon. If he cannot find any way to save it other than depositing it in the bank, then there is no sin in that if it is done out of necessity, so long as that does not involve any interest. He should choose the least evil of the banks, and the one that is closest to the way of dealing that is prescribed in sharee’ah. Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) said: With regard to depositing money in bank accounts that pay interest monthly or annually, this is a kind of riba that is forbidden according to scholarly consensus. With regard to depositing it without interest, it is better not to do that except in cases of necessity if the bank deals with interest, because depositing money with the bank, even if no interest is paid, helps the bank to engage in its ribabased transactions, so there is the fear that the one who does this may come under the heading of those who help others in sin and transgression, even if he does not intend to do so. We must beware of that which Allaah has forbidden and look for sound ways of preserving and disposing of wealth. May Allaah help the Muslims to do that which will lead to their happiness and victory and salvation. May He help them to quickly establish Islamic banks that are free of riba, for He is Able to do that. May Allaah send blessings and peace upon our Prophet Muhammad and his family and companions. 288

Transactions - Part 6

Fataawa Ibn Baaz, 4/30, 311 See also question no. 22392 And Allaah knows best. Islam Q&A (www.islam-qa.com) 45691: Does paying more than the amount required for zakaah mean that one is allowed to take interest? Question: There seems to be some difference of opinion about interest and whether it is halaal or haraam. If I pay more than the amount required for zakaah in Ramadaan or more than the amount of interest, will it become permissible for me to take and dispose of this interest and will it become pure?. Answer: Praise be to Allaah. Interest from the bank is haraam according to the consensus of reliable scholars. Many statements have been issued to that effect by many respectable academic bodies in the Muslim world, such as the statement issued by the Islamic Research Council of al-Azhar in 1965 CE, which included representatives and delegates from thirty-five Muslim states. In this statement it says: “Interest on all kinds of loans is forbidden riba, regardless of the type of loan, because the texts of the Qur’aan and Sunnah, when taken together, definitively forbid all types.” 289

Jurisprudence and Islamic Rulings

A statement was also issued by the Islamic Fiqh Council belonging to the Organization of the Islamic Conference, in 1985 CE, in which it says: “Interest on loans in return for deferral of repayment when the borrower is unable to pay them when they are due, and interest on loans from the outset, are both forms of forbidden riba.” A similar statement was also issued by the Islamic Fiqh Council belonging to the Muslim World League in 1986 CE, in which it said: “All wealth that comes by means of riba-based loans is wealth that is haraam according to sharee’ah. It is not permissible for the Muslim to make use of it, whether he deposited the money for himself or for anyone of his dependents, for any of their affairs. He has to dispose of it by giving it to charitable projects that will benefit the Muslims, such as schools, hospitals, etc. This does not come under the heading of charity, rather it comes under the heading of cleansing wealth of haraam elements.” It is not permissible under any circumstances to leave this interest in the riba-based bank to increase. This sin is greater with regard to banks abroad, because they usually support Christian and Jewish interests, thus they use the wealth of the Muslims to further aggression against the Muslims and mislead them from their religion. It should also be noted that it is not permissible to continue to deal with these riba-based banks, whether one deals directly in interest or not. See also questions no. 12823, 20695, 292, 22392. Hence we may understand that the confusion that some people try to stir up as to whether interest is haraam or not is something to which no attention should be paid. 290

Transactions - Part 6

Interest is impure wealth from which zakaah and charity cannot be given, whether that is zakaat al-fitr in Ramadaan or other kinds of charity. What you have to do is to get rid of this money by donating it to Muslim charitable causes, and also stop dealing with riba based banks as much as you can. And Allaah knows best. Islam Q&A (www.islam-qa.com) 45656: How should they dispose of insurance money after their father’s death? Question: After my husband died we began to get money from the National Insurance and Pension Organization. We referred this matter to the scholars, and some of them said that this money should be distributed according to sharee’ah because it is like an estate left by the deceased; others said that it should be distributed according to the rules and regulations governing insurance, because it is the result of an agreement between the deceased and that organization. We referred the second answer to the scholars who held the first view, and they said that insurance for government employees is something compulsory and the employee does not have the right to cancel it. Now I am arguing with my children about this matter. What should I do?. Answer: Praise be to Allaah. Insurance policies are based on ambiguity and are akin to gambling, and it is not permissible for a Muslim to join them voluntarily. If a Muslim is forced to join, and part of his salary is deducted for that each month, then he does 291

Jurisprudence and Islamic Rulings

not have the right to take anything more than what was deducted from him for that. If his job ends or he leaves, he can take what was deducted from him and spend the rest on charitable causes. Similarly if this employee dies, it is not permissible for his heirs to make use of what they take from these institutions, apart from what was deducted from their father’s salary. What they take every month should be divided according to sharee’ah, based on each person’s share of the inheritance, not according to the rules and regulations governing insurance. Sharee’ah takes precedence over them, not the other way round. See the answer to questions no. 2352, 21559 and 21262. Islam Q&A (www.islam-qa.com) 36410: He bought a car by installments from the bank, then he sold it so that he could use the money to get married Question: I am a young man and I would to complete half of my religion by getting married. I proposed to a girl but there are a lot of expenses involved in getting married, namely the mahr etc. I cannot afford all that, so one of the brothers told me that the banks have a system called muraabahah (purchase scheme). So I went there and the bank official told me that I should go to one of the car showrooms (he did not specify which one) and choose a car, and the bank will buy it and sell it to me, in return for taking a profit of 40,741 riyals on an original price of 95,000 riyals, over a period of 6.5 years. I do not have any other option because my father is deeply in debt. I tried to borrow the money 292

Transactions - Part 6

from anyone who would give it without demanding interest, but I could not find anyone except one of the banks. Any other method of raising the money without any kind of buying or selling (i.e., money for money), is regarded as blatant riba (usury). I want to get married, and I fear temptation for myself. Please advise us, may Allaah reward you. Answer: Praise be to Allaah. This transaction that you want to engage in includes two things: 1 – Buying a car through the bank. This is not permissible unless two conditions are met: (i) That the car should be owned by the bank. So the bank should buy the car for itself from the showroom, before selling it to you. (ii) That the bank should take possession of the car by moving it physically from the showroom before selling it to you. If both or either of these two conditions are not met, then the transaction is haraam. See question no. 36408. 2 – Selling this car which has only been bought for this purpose, namely obtaining money. This is what is called tawarruq or buying and selling in order to obtain wariq, i.e., silver. This is permissible according to the majority of scholars, subject to the condition that the car be sold to someone other than the person from whom you bought it. It says in Fataawa al-Lajnah al-Daa’imah (13/161): 293

Jurisprudence and Islamic Rulings

We hope that you can advise us about the issue of tuwarruq and tell us what the ruling is on that. The Committee replied: Tuwarruq means buying a product and deferring the payment, then selling it for payment on the spot to someone other than the person from whom you bought it for a deferred payment, in order to benefit from its price. There is nothing wrong with this transaction according to the majority of scholars. End quote. See also question no. 45042. If the two conditions outlined above are met, there is no sin on you in sha Allaah. And we ask Allaah to help you and guide you. And Allaah knows best. Islam Q&A (www.islam-qa.com) 20709: Is it permissible for him to inherit property that was bought with a riba-based loan? Question: Can a person inherit property or a business bought with a loan that had interest on it ?. Answer: Praise be to Allaah. If a person takes out an interest based loan and buys 294

Transactions - Part 6

property with it, when he dies the property becomes part of the estate which is inherited from him, but he has sinned by dealing in riba. Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: What is haraam because of the way in which it is acquired is haraam for the one who earns or acquires it, such as riba. But if the person who dealt with riba dies, then his wealth is permissible for his heirs. What is haraam in and of itself, such as alcohol, is haraam to the one who acquires and to the one to whom he passes it on. Similarly, if a person steals something or seizes it by force then dies, it is not permissible for his heir (to take the stolen property); if he knows who it belongs to he must return it, otherwise he should give it in charity on behalf of the owner. From Liqaa’aat al-Baab al-Maftooh, 1/304 The Standing Committee issued a fatwa concerning a person who built a house with a riba-based loan, stating that he has to repent and seek forgiveness, and that he does not have to destroy the house; rather use may be made of it by him or someone else living in it. Fataawa al-Lajnah al-Daa’imah, 13/411. And Allaah knows best. Islam Q&A (www.islam-qa.com) 40217: He has repented from dealing with a riba-based bank but he does not know what his capital was Question: I have a friend who used to deal with riba-based banks, 295

Jurisprudence and Islamic Rulings

and he took a loan and engaged in other riba-based transactions – we ask Allaah to keep us safe and sound. Allaah blessed him with guidance and he stopped all his dealings with the banks. Now he does not know his original capital, and he cannot separate it from the loans and the interest. He wants to purify himself and his wealth from previous years. What should he do? Please advise us, may Allaah reward you. Answer: Praise be to Allaah. Your friend should contact the bank to find out how much the interest was that was added to his capital, then he should get rid of this interest by spending it on charitable causes. See question no. 292 and 2370. If he does not know how much it is exactly, he should pay what he thinks is most likely to be the amount of interest that he took, and Allaah does not burden any soul beyond its scope. With regard to the interest-based loans that he took and has paid off, that belongs to him. It is sufficient for him to repent and regret what he has done, and to resolve not to repeat such haraam actions. We praise Allaah for helping him and guiding him away from these haraam interactions, and we ask Him to bless him in his wealth and to provide for him of His bounty. And Allaah knows best. Islam Q&A (www.islam-qa.com) 20876: Taking interest and offsetting losses with riba Question: I have a small saving in a Bank Account for which I have 296

Transactions - Part 6

recieved interest. I am in the process of clearing it up now. However, I also had previously invested in a few Banking stocks (unaware that it was wrong), which have depreciated in value. can I set off my loss in the banking stocks with the interest on my savings account??. Answer: Praise be to Allaah. The one who has repented from riba should not take anything but the capital of his wealth only, because Allaah says (interpretation of the meaning): “but if you repent, you shall have your capital sums. Deal not unjustly (by asking more than your capital sums), and you shall not be dealt with unjustly (by receiving less than your capital sums)” [al-Baqarah 2:279] It is not permissible to take anything more than that; if a person has taken it he must get rid of it by spending it on charitable causes. In the question there are two issues which have nothing to do with one another, and we must deal with them separately: the interest which has been taken, and offsetting the depreciation in the value of shares with this interest. With regard to the first issue: putting money in a ribabased bank and taking more money than the original capital. The scholars of the Standing Committee said: The interest which the bank pays to depositors on the money that they deposit is considered to be riba (usury, interest), and it is not permissible to make use of this 297

Jurisprudence and Islamic Rulings

money. The person must repent to Allaah from depositing money in riba-based banks, he should withdraw the money that he deposited and the interest, then keep his original amount and spend the interest in charitable causes, such as on the poor and needy, renovating public facilities, and so on. Fataawa Islamiyyah, 2/404. Shaykh ‘Abd al-‘Azeez ibn Baz (may Allaah have mercy on him) said: With regard to the interest that the bank gives you, do not give it back to the bank and do not consume it, rather spend it on charitable causes such as giving it to the poor, renovating public washrooms, and helping debtors who are unable to pay off their debts. Fataawa Islamiyyah, 2/407 With regard to the second issue: offsetting the depreciation in the value of shares with this interest, it is not permissible to do this, because it is not permissible for you to take this money and benefit from it, as stated above. The person who buys shares has to bear losses in the value of his shares from his own money; he does not have the right to offset those losses with money that he acquires from haraam sources. The fact that he entered into this transaction when he was unaware of the fact that it is haraam means that he is absolved of any sin; he is excused by the fact that he did not know. But that is not a reason for allowing him to benefit from the interest by using it to offset these losses. And Allaah knows best. Islam Q&A (www.islam-qa.com) 298

Transactions - Part 6

33709: A company is offering a riba-based loan to its employees Question: A company is offering its employees a benefit . Employees can get a home building loan from any bank . The company will pay all the interest accruing to this loan i.e the employee is not paying the interest.But the employee will have to pay some tax on this interest to the Govt.There is no tax on the principal.I would like to know whether such a loan is halal or haram for the employee?. Answer: Praise be to Allaah. It is not permissible for the employees to take this loan when they are – in fact – one of the parties to the contract. It is proven in the saheeh Sunnah that the one who consumes riba [usury, interest], the one who pays it, the one who writes it down and the two who witness it are cursed. It was narrated that Jaabir said: The Messenger of Allaah (peace and blessings of Allaah be upon him) cursed the one who consumes riba, the one who pays it, the one who writes it down and the two who witness it, and he said, “They are all the same.” Narrated by Muslim, 1598. It seems that the company will only take this riba-based loan if the employee applies for it and cooperates with the company in getting this riba-based contract. And Allaah says (interpretation of the meaning):

299

Jurisprudence and Islamic Rulings

“do not help one another in sin and transgression” [al-Maa’idah 5:2] These employees have to do without this loan, and seek the reward for not taking it with Allaah, and Allaah may compensate them with something better than that which they refrained from. And Allaah knows best. Islam Q&A (www.islam-qa.com) 20695: What should be done with interest? Question: I am working in a company where they gave to employees a few years ago a mount of money they put in a blocked account for 5 years. This amount of money is with interest and they give it to you after 5 years or when you give your resignation. I know it is haram but we did not have any choice. I am going to leave the company in a few month, and I would like to know how I have to do with this money. Can I keep what they gave me initially and give the amount of interest os saddakka ? Can you please help me, because I do not want to commit a sin. Answer: Praise be to Allaah. The money that you are going to take after five years will be composed of the capital – which is the money paid by the company – and the riba-based profits – which are 300

Transactions - Part 6

known as interest. Because riba-based money is not permissible for you, you have no right to take any more than the capital, and you have to leave the interest to the bank, because Allaah says (interpretation of the meaning): “but if you repent, you shall have your capital sums” [al-Baqarah 2:279] See also question no. 22392. If the bank insists on your taking this haraam interest, then you should take it and you have to get rid of it by giving it to charity; it is not permissible for you to keep it or benefit from it in any way. See question no. 292. And Allaah knows best. Islam Q&A (www.islam-qa.com) 39211: Putting money in the bank, and can hospitals be built with zakaah funds? Question: If a person has money in a savings account or in the bank, and he pays zakaah on that money every year, does this money become dubious because of the interest? With regard to paying zakaah, is it permissible to donate this money for building a hospital or orphanage (by putting this money in a special account) or must it be given hand to hand?. Answer: Praise be to Allaah.

301

Jurisprudence and Islamic Rulings

Firstly: Putting money in riba-based banks and taking riba for that, which is called interest, is a major sin, and paying zakaah on that money does not absolve one of sin. See the answer to question no. 22339, which explains the prohibition on riba. The answer to question no. 181 explains the prohibition on putting money in riba-based banks. Secondly: With regard to what zakaah may be spent on, it is not permissible to use it for building a hospital or an orphanage, whether it is given hand to hand or via another means. The areas in which zakaah may be spent are limited and it is not permissible to add anything to them. The areas in which zakaah may be spent are mentioned in the verse in which Allaah says (interpretation of the meaning): “As-Sadaqaat (here it means Zakaah) are only for the Fuqaraa’ (poor), and AlMasaakeen (the poor) and those employed to collect (the funds); and to attract the hearts of those who have been inclined (towards Islam); and to free the captives; and for those in debt; and for Allaah’s Cause (i.e. for Mujaahidoon — those fighting in a holy battle), and for the wayfarer (a traveller who is cut off from everything)” [al-Tawbah 9:60] We have explained these further in our answer to question no. 6977 We have stated in a number of our answers that it is not permissible to use zakaah money for building mosques or schools, or for printing copies of the Qur’aan. See questions no. 13734 and 21797. 302

Transactions - Part 6

But if the intention in giving the money to an orphanage is so that this money will be spent on the poor orphans, then this is permissible, if the orphans are poor. It is better for you to dispose of the zakaah on your wealth yourself, so that you can be certain that you have given it to one of the causes enjoined by Allaah. You have to do your best to identify those who are entitled to it. And Allaah knows best. Islam Q&A (www.islam-qa.com) 20952: Can he accept money that comes from the lottery company? Question: I recently found out that the scholarship I receive to help pay my school tuition is funded by the Florida lottery. Should I not accept the scholarship any more?. Answer: Praise be to Allaah. If this money is only a scholarship and is not subject to any condition requiring you to work with them – for example – or to advertise for them and commend their work, then there is nothing to prevent you accepting it. Money that is haraam because of its source may be made use of and taken possession of if it is transferred in a manner that is Islamically acceptable. Shaykh Ibn ‘Uthaymeen said: … Others said with regard to that which is haraam because of its source, the sin is one on the one who acquired it, 303

Jurisprudence and Islamic Rulings

not on the one who takes it in a permissible manner from the one who acquired it. This is unlike things that are haraam in and of themselves, such as alcohol, goods seized by force, etc. This is a strong opinion, based on the fact that the Messenger of Allaah (peace and blessings of Allaah be upon him) bought food for his family from a Jew – narrated by al-Bukhaari, 1954; Muslim, 3007. And he ate from the roast sheep that was given to him by the Jewish woman at al-Khaybar, and he accepted the invitation of a Jew. Narrated by Ahmad, 3/210. It is well known that most of the Jews deal in riba (usury) and consume haraam wealth. This view may be supported by the fact that the Prophet (peace and blessings of Allaah be upon him) said, concerning the meat that was given in charity to Bareerah, “It is charity for her and for us it is a gift.” Narrated by al-Bukhaari, 1398; Muslim, 2764. Al-Qawl al-Mufeed Sharh Kitaab al-Tawheed, 3/138, 139. For more information, please see the answers to questions no. 4820. We should point out that it is not permissible for a Muslim to remain in the land of kufr or to study in a mixed environment, because that involves doing several things that are forbidden in sharee’ah. For more information please see the answers to questions no. 2956 and 10338. And Allaah knows best. Islam Q&A (www.islam-qa.com) 32534: How could the Islamic states allow the development of riba-based banks? Question: I have read many fatwas which forbid dealing with banks 304

Transactions - Part 6

that engage in riba, but I have a question: If these banks are haraam and dealing with them is haraam, how can they have been allowed to develop in the Islamic states?. Answer: Praise be to Allaah. What is haraam is that which has been forbidden by Allaah and His Messenger, and what is halaal is that which has been permitted by Allaah and His Messenger. Riba is haraam according to the Qur’aan, the Sunnah and the consensus of the ummah. Every institution or bank which is based on riba is subject to the declaration of war from Allaah and His Messenger, whether it is in a Muslim state or a kaafir state. Allaah says (interpretation of the meaning): “O you who believe! Be afraid of Allaah and give up what remains (due to you) from Ribaa (from now onward) if you are (really) believers. And if you do not do it, then take a notice of war from Allaah and His Messenger” [al-Baqarah 2:278-279] The fact that governments approve of the riba-based banks should not be taken as proof that these banks are permitted. The Prophet (peace and blessings of Allaah be upon him) has told us that there will come a time when the people will permit that which Allaah has forbidden, such as adultery, alcohol and musical instruments. That does not mean that these haraam things will become permissible thereby. The scholars have issued many warnings against these 305

Jurisprudence and Islamic Rulings

banks, and issued many fatwas stating that it is haraam to work in them without paying any attention to the fact that they are allowed by the state. They have often advised the governments of Muslim countries to ban these ribabased banks. It says in Fataawa al-Lajnah al-Daa’imah (15/51): “Riba is haraam according to the Qur’aan, the Sunnah and scholarly consensus… working in banks that deal with riba is haraam… The fact that the government may approve of them or allow them to open banks or remains silent about that does not mean that it is permissible for the Muslim to deal with them. It is not permissible to work in these banks because the government does not possess legislative authority; rather legislative authority belongs to Allaah alone in His holy Book, or the Revelation that He sent to His Messenger (peace and blessings of Allaah be upon him).” And it also says (15/55): “Working in banks that deal with riba is haraam, whether that is in a Muslim state or in a kaafir state, because it involves cooperating in sin and transgression, which Allaah has forbidden as He says (interpretation of the meaning): “Help you one another in AlBirr and AtTaqwa (virtue, righteousness and piety); but do not help one another in sin and transgression” [al-Maa’idah 5:2] Shaykh Ibn Baaz said, after quoting some of the evidence from the Qur’aan and Sunnah that riba is haraam: “This is some of the evidence from the Book of Allaah and the Sunnah of His Messenger (peace and blessings 306

Transactions - Part 6

of Allaah be upon him) which explains that riba is haraam and the danger that it poses to the individual and to the ummah. Whoever deals in it enters into a state of war against Allaah and His Messenger. My advice to every Muslim is to be content with that which Allaah and His Messenger have permitted and to refrain from that which Allaah and His Messenger have forbidden. What Allaah has permitted is sufficient so that we have no need of that which Allaah has forbidden. We should not be deceived by the large number of riba-based banks and the spread of their dealings in every place. Many people no longer care about Islamic rulings, rather they care about making money by any means. That is only because of their weakness of faith and lack of fear of Allaah, and because of their love for this world. We ask Allaah to keep us safe and sound.” Majallat al-Bukhooth al-Islamiyyah, 6/310 And Allaah knows best. Islam Q&A (www.islam-qa.com) 26771: Working in banks in an Islamic country Question: Is it permissible to work in the banks that exist in Islamic countries that deal with riba? My husband works in one of the banks that deal with riba, and he works as a systems operator on programs that have to do with technological and information management. His main job is to ensure that all the computer systems are working correctly, and installing new systems, and assisting the bank employees. I know that interest is haraam, and that it is a major sin, but I have heard many opinions about working in banks, one of which I have heard is that “if your work is not 307

Jurisprudence and Islamic Rulings

directly involved with interest, and the bank has other sources of income apart from interest, then it is permissible to work in the bank. This is the only source of income that we have been living on up till now. I hope that you can tell us whether the income we have gotten from this job is haraam or not. Answer: Praise be to Allaah. We ask Allaah to reward you with good for your keenness and efforts to find out the truth, and to help your husband to find permissible employment in which there is no sin. Note that it is not permissible to work in riba-based banks at all, because that involves consuming riba, or writing it down, or witnessing it, or helping those who do that. The major scholars have issued fatwas stating that working in riba-based banks is haraam, even if the job does not involve dealing with riba as such, e.g. guards, cleaners and other services. We will quote to you some of their fatwas, whilst also pointing out that your husband’s work is strongly connected to riba and to recording and documenting it, because as you say, his main job is to ensure that all the computer systems are working correctly, and installing new systems, and assisting the bank employees. It says in Fataawa al-Lajnah al-Daa’imah, 15/41: It is not permissible for a Muslim to work in a bank that deals with riba, even if the work that the Muslim does has nothing to do with riba, because he is giving the employees who do work with riba with what they need and he is helping them with their calculation of interest. Allaah says (interpretation of the meaning): 308

Transactions - Part 6

“but do not help one another in sin and transgression” [al-Maa’idah 5:2] The Standing Committee (15/38) was asked: what is the ruling on working in the existing banks? They replied: Most of the transactions that are done nowadays involve riba, which is haraam according to the Qur’aan and Sunnah and the consensus of the ummah. The Prophet (peace and blessings of Allaah be upon him) ruled that whoever helps the one who consumes riba or pays it by writing it down for him or bearing witness to it, etc, is a partner of the one who consumes it and the one who pays it, and they are all cursed and expelled from the mercy of Allaah. In Saheeh Muslim and elsewhere it is narrated that Jaabir (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) cursed the one who consumes riba, the one who pays it, the one who writes it down and the two who witness it, and he said, “They are all the same.” Those who work in banks are helping the owners of the banks by administering their operations, whether in writing or bearing witness, or transferring papers or handing over money, or doing other things that help those who deal in riba. Hence it is known that working in an existing bank is haraam. The Muslim should avoid that and should try to earn a living in a way that Allaah has permitted; and there are many such ways. He should fear Allaah his Lord, and not expose himself to the curse of Allaah and His Messenger. And the Standing Committee (15/55) was asked: (a) Is working in banks, especially in Muslim countries, halaal or haraam? 309

Jurisprudence and Islamic Rulings

(b) Is there any specific section of the bank that is halaal, as many think, and if that is correct could you explain further? They replied: Firstly: working in banks that deal with riba is haraam, whether that is in a Muslim country or a kaafir country, because it involves cooperating in sin and transgression, which Allaah has forbidden as He says (interpretation of the meaning): “but do not help one another in sin and transgression” [al-Maa’idah 5:2] Secondly: There is no section in the riba-based bank that is exempt from this ruling according to what we know of the pure sharee’ah, because all the bank employees are cooperating in sin and transgression. And the Standing Committee (15/18) was asked: What is the ruling on working as a maintenance engineer for one of the electronics companies that deal with some of the riba-based banks, where the company sells equipment (calculators, cameras, telephones) to the bank, and tells us, as maintenance engineers, to go to the bank to service this equipment on a regular basis? Is this work haraam on the basis that the bank does its accounts and organizes its work on these machines, and are we thus helping them in sin? They replied: It is not permissible for you to work for companies that are as you described, because that involves cooperating in sin and transgression. And it says in Fataawa al-Lajnah al-Daa’imah (15/48): 310

Transactions - Part 6

It is not permissible for a Muslim to work in banks that deal with riba, because that involves helping them to engage in riba-based transactions in one way or another, by writing them down, witnessing them, guarding the bank, etc. Helping them in that manner is cooperating in sin and transgression, which Allaah forbade when He said (interpretation of the meaning): “but do not help one another in sin and transgression” [al-Maa’idah 5:2] Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: is it permissible to work for a riba-based organization as a driver or guard? He replied: It is not permissible to work for a riba-based organization even if you are a driver or a guard, because accepting employment with a riba-based organization implies that you approve of them, as whoever denounces something could not work to serve its interests. If he works to serve its interests, he must approve of it, and the one who approves of something haraam has a share in its sin. With regard to those who are directly involved in writing down transactions, transferring money, depositing money, etc, are undoubtedly dealing directly with something that is haraam. It was proven from the hadeeth of Jabir (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) cursed the one who consumes riba, the one who pays it, the one who writes it down and the two who witness it, and he said, “They are all the same.” From Fataawa Islamiyyah, 2/401 And there are other well-known fatwas which forbid working in riba-based banks, no matter what the kind of 311

Jurisprudence and Islamic Rulings

work involved. Based on this, your husband has to repent to Allaah from what he has done in the past, and leave this work, seeking the help of Allaah, putting his trust in Him and being certain that He will grant him provision. Allaah says (interpretation of the meaning): “And whosoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (from every difficulty). And He will provide him from (sources) he never could imagine. And whosoever puts his trust in Allaah, then He will suffice him. Verily, Allaah will accomplish his purpose. Indeed Allaah has set a measure for all things” [al-Talaaq 65:2-3] We ask Allaah to make us independent by means of that which is halaal so that we will have no need of that which is haraam. Islam Q&A (www.islam-qa.com) 20720: Islamic financial system Question: I would like to know,althought the islamic finance way is known no element of riba.But i after i studied the way how the islamic finance been use,i see that still have the element of riba.So can u explain is there still any element of riba in the islamic finance system?. Answer: Praise be to Allaah. 312

Transactions - Part 6

Riba is emphatically forbidden in Islam. Allaah has condemned the one who does that and has declared war on him, and spoken of his bad end on the Day of Resurrection. Allaah says (interpretation of the meaning): “Those who eat Ribaa will not stand (on the Day of Resurrection) except like the standing of a person beaten by Shaytaan (Satan) leading him to insanity. That is because they say: ‘Trading is only like Ribaa,’ whereas Allaah has permitted trading and forbidden Ribaa. So whosoever receives an admonition from his Lord and stops eating Ribaa, shall not be punished for the past; his case is for Allaah (to judge); but whoever returns (to Ribaa), such are the dwellers of the Fire — they will abide therein. Allaah will destroy Ribaa and will give increase for Sadaqaat (deeds of charity, alms). And Allaah likes not the disbelievers, sinners” [al-Baqarah 2:275, 276] “O you who believe! Fear Allaah and give up what remains (due to you) from Ribaa (from now onward) if you are (really) believers. And if you do not do it, then take a notice of war from Allaah and His Messenger but if you repent, you shall have your capital sums. Deal not unjustly (by asking more than your capital sums), and you shall not be dealt with unjustly (by receiving less than your capital sums)” [al-Baraqah 2:278, 279] The Prophet (peace and blessings of Allaah be upon him) cursed the one who consumes riba, the one who pays it, the one who writes it down and the two who witness it, and he said, “They are all the same.” Narrated by Muslim,

313

Jurisprudence and Islamic Rulings

1598, from the hadeeth of Jaabir (may Allaah be pleased with him). And he (peace and blessings of Allaah be upon him) said: “A dirham of riba consumed knowingly by a man is worse before Allaah than committing zina thirty-six times.” Narrated by Ahmad and al-Tabaraani, classed as saheeh by al-Albaani in Saheeh al-Jaami’, no. 3375. And there are other texts which point to the enormity and abhorrent nature of this crime. The Islamic financial system does not approve of any transaction that includes riba, rather the sharee’ah forbids certain transactions so as to prevent the means that lead to riba. Secondly: The banks that exist nowadays are all riba based banks, with a few rare exceptions. Just because a bank is located in a Muslim country does not mean that it is an Islamic bank. Most of these banks are connected to Jewish and Crusader banks overseas. It is most regrettable that in the Muslim lands which are home to more than a billion Muslims there is no Islamic bank that is free from riba, apart from a few institutions. So the decision makers among the Muslims have to pay due attention to this matter and establish an independent Islamic banking system. There are scholars and people who are able to work in this field, and there is a great deal of capital, praise be to Allaah. Thirdly: The true Islamic financial system is a system that is free of riba, because it is a system that is derived from the Book of Allaah and the Sunnah of His Messenger (peace 314

Transactions - Part 6

and blessings of Allaah be upon him). Your saying in your question that you have noticed riba in financial transactions in the Islamic banks needs further explanation. Perhaps you think that some of these transactions involve riba when they do not. We ask Allaah to set the Muslims’ affairs straight and to help those in authority to do what is right and proper. Praise be to Allaah, the Lord of the Worlds. And Allaah knows best. Islam Q&A (www.islam-qa.com) 20107: Paying zakaah via credit card Question: I was wondering if it was permissible to pay zakah using a credit card since i have the funds to do so and can pill the bill without any interest. Answer: Praise be to Allaah. Firstly: It is not permissible to subscribe to credit cards unless one is forced to do so, because this is a riba-based contract, and riba is haraam according to the Qur’aan, Sunnah and scholarly consensus. See questions no. 13735, 13725 and 3402. Secondly: With regard to paying zakaah via credit card, if you have money saved to cover what you are going to pay, so that 315

Jurisprudence and Islamic Rulings

you will not have to pay any interest – as you mention in the question – then there is nothing wrong with paying zakaah by this method. But if you do not have money saved to cover what you are going to pay, then this is considered to be a loan with interest from the bank, which is riba and is haraam, so it is not permissible for you to pay zakaah or anything else by this method. Allaah is Good and does not accept anything but that which is good. And Allaah knows best. Islam Q&A (www.islam-qa.com) 14098: Prohibition of selling bills of exchange to the bank Question: Some businessmen are owed money by their customers, so they go to the bank and sell the bill of exchange to them for an amount that is less than the amount specified in the bill of exchange. Then the bank collects the debt for itself when it becomes due. What is the ruling on this?. Answer: Praise be to Allaah. This transaction is one of the transactions that are haraam, and it is a form of riba (usury, interest). Because selling a bill of exchange – for example – which mentions a debt of one thousand riyals to be paid in one month’s time to the bank for nine hundred riyals to be paid immediately, is riba. The scholars are unanimously agreed that this haraam transaction is both riba al-nasee’ah and riba al-fadl combined, because it involves exchanging 316

Transactions - Part 6

currency available immediately for currency of the same kind to be paid later, plus an extra amount. If currency is exchanged for currency of a different kind, the physical exchange must be done in the same sitting where the agreement is made. If they are of the same kind, then they must be equal in value and the physical exchange must be done in the same sitting where the agreement is made. This is not the case in this scenario; so it involves riba al-fadl because the amounts exchanged are not equal and it also involves riba al-nasee’ah because there is no mutual exchange in the same sitting. The Standing Committee was asked about that and they replied: Selling the bill of exchange to the bank in return for an amount of money and leaving the bank to collect the amount stated in the bill of exchange from the purchaser of the product is haraam because it is riba. Fataawa alBuyoo’, p. 352 The Fiqh Council issued the following statement: Selling bills of exchange to the bank is not permissible according to sharee’ah, because it amounts to riba. And Allaah knows best. Islam Q&A (www.islam-qa.com) 9348: He works for a company that deals with insurance Question: I work for a shipping company that ship package all over the world. I was told by my supervisor that i will be require to ask the customer if they want too add insurance wich s 35 cent on every hundred dollar to protect their package and i have to push button on the computer and it’s done 317

Jurisprudence and Islamic Rulings

in seconds.My questin is will this make my job haram because of the insurance ? Is this RIBA ? Will I be CURSE by ALLAH for this ?. Answer: Praise be to Allaah. Firstly: Working in shipping is halaal if the products being shipped are things that are permissible according to sharee’ah and are not haraam things such as alcohol, pork or anything that it is forbidden to eat, drink, wear, etc. Secondly: The commercial insurance which insurance companies deal in is haraam. One of the reasons for it being haraam is the fact that it involves riba and gambling, both of which are haraam according to the texts of the Qur’aan and Sunnah, and the consensus (ijmaa’) of the Muslims. See Question no. 8889. Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) said: Insurance on one’s life and property is haraam according to sharee’ah and is not permitted, because it involves ambiguity and riba. Allaah has forbidden all riba-based transactions and all transactions that involve ambiguity, out of mercy towards this ummah and to protect it from that which may harm it. Allaah says (interpretation of the meaning): “Allaah has permitted trading and forbidden Riba” [al-Baqarah 2:275] 318

Transactions - Part 6

and it was narrated in a saheeh hadeeth that the Messenger of Allaah (peace and blessings of Allaah be upon him) forbade transactions involving ambiguity. And Allaah is the Source of strength. Fataawa Islamiyyah, 3/5 Thirdly: Allaah describes riba as a very serious issue, and warns against it, as He says (interpretation of the meaning): “O you who believe! Fear Allaah and give up what remains (due to you) from Ribaa (from now onward) if you are (really) believers. And if you do not do it, then take a notice of war from Allaah and His Messenger” [al-Baqarah 2:278-279] Muslim (1598) narrated that Jaabir said: The Messenger of Allaah (peace and blessings of Allaah be upon him) cursed the one who consumes riba, the one who pays it, the one who writes it down and the two who witness it. He said, “They are all the same.” Al-Nawawi said: This clearly shows that it is haraam to write d own the contract between the two parties or to witness it. It also shows that it is haraam to help others to commit falsehood. Your pushing the button to proceed with the insurance is like writing it down, so it is included in the hadeeth quoted above. Fourthly: It is not permissible for a Muslim to work for a company that deals in riba and other haraam transactions. The prohibition is not restricted to the one who writes down 319

Jurisprudence and Islamic Rulings

the details of the riba or the one who witnesses it, rather it includes all the employees who work in the company, even the doorkeepers and security guards, because this helps the company to do the haraam transactions that they engage in. And Allaah says (interpretation of the meaning): “Help you one another in AlBirr and AtTaqwa (virtue, righteousness and piety); but do not help one another in sin and transgression” [al-Maa’idah 5:2] Fifthly: The Muslim should look for halaal work, for consuming haraam wealth is one of the things that prevent du’aa’ from being answered, and is one of the causes of entering Hell. Any body that has been nourished on haraam earnings, the Fire is more fitting for it. If a Muslim gives up something haraam in obedience to Allaah, then Allaah will replace it with something better than it, for whoever gives up something for the sake of Allaah, Allaah will compensate him with something better. And Allaah knows best. Islam Q&A (www.islam-qa.com) 3974: He has a debt and he wants to go for Hajj Question: I have bank loan, and very very strongly I wish to go for umrah. but as I know I have to finish all loans before I will go to Umrah or Hajj. Can U please tell me the proper way and limitations in Islam. 320

Transactions - Part 6

Answer: Praise be to Allaah. Firstly: If this loan is based on riba (usury, interest), then it is haraam and is one of the major sins and one of the seven sins that doom a person to Hell. All of the nations regarded it as forbidden, even the Greeks who were idolworshippers. One of them, whose name was Solon said: Money is like a sterile hen; a drachma cannot give birth to a drachma. In the Christian belief it says that one who consumes usury should not be shrouded if he dies, and even the Jews forbade usury. Islam has forbidden it in a manner that leaves no room for doubt concerning its prohibition. Allaah says (interpretation of the meaning): “Allaah has permitted trading and forbidden Ribaa. So whosoever receives an admonition from his Lord and stops eating Ribaa, shall not be punished for the past; his case is for Allaah (to judge); but whoever returns (to Ribaa), such are the dwellers of the Fire — they will abide therein” [al-Baqarah 2:275] “O you who believe! Fear Allaah and give up what remains (due to you) from Ribaa (from now onward) if you are (really) believers” [al-Baqarah 2:278] Abu Juhayfah (may Allaah be pleased with him) narrated that the Messenger of Allaah (peace and blessings of 321

Jurisprudence and Islamic Rulings

Allaah be upon him) forbade the price of blood, the price of a dog and the earnings of a prostitute, and he cursed the woman who does tattoos and those who have them done, the one who consumes riba (usury) and the one who pays it, and he cursed the one who makes images. Narrated by al-Bukhaari, 2123. It was narrated that ‘Abd-Allaah ibn Mas’ood (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) cursed the one who consumes riba and the one who pays it. Narrated by Muslim, 1597. It was narrated from Abu Hurayrah (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “Avoid the seven sins that doom a person to Hell.” They said, “O Messenger of Allaah, what are they?” He said: “Associating others in worship with Allaah (shirk); witchcraft; killing a soul whom Allaah has forbidden killing, unless that is done lawfully; consuming riba (usury, interest); consuming the property of orphans; running away from the battlefield; slandering innocent chaste believing women.” Narrated by al-Bukhaari, 2615; Muslim, 89 It was narrated that Samurah ibn Jundub (may Allaah be pleased with him) said: The Prophet (peace and blessings of Allaah be upon him) said: “Last night I saw (in a dream) that two men came to me and took me out to a sacred land. They set out with me until we came to a river of blood in which a man was standing, and on the bank of the river there was a man with stones in front of him, facing the man who was in the river. Every time the man wanted to get out, the man (on the bank) threw a stone into his mouth and he went back to where he had been. I 322

Transactions - Part 6

said: ‘What is this?’ They said, ‘The one whom you saw in the river is the one who consumed riba.’” Narrated by al-Bukhaari, 1979. So you have to repent to Allaah from this action. But if the loan was a good kind of loan that did not involve riba, there is nothing wrong with it. Secondly: With regard to Hajj: the person who cannot spend on himself because he is of limited means is not obliged to go for Hajj, but which of the two is more important, going for Hajj or paying off the debt? The most correct view is that paying off the debt is more important, because the debtor is not obliged to do Hajj, since one of the conditions of Hajj is that one should be able to do it. If there is a conflict between your doing Hajj and your paying off your debt, then give priority to paying off the debt. But if there is no conflict, such as there being plenty of time for you to pay off your debt, or if the person to whom you owe money is patient and can wait, then the correct view is that there is nothing wrong with your doing Hajj or ‘Umrah. Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said: It is permissible for a person who is in debt and facing financial hardship, either because he is unable to earn money or because the creditor is absent and he cannot pay him, to go for Hajj if someone else takes him for Hajj, provided that this does not affect his ability to pay the debt. 323

Jurisprudence and Islamic Rulings

Majmoo’ al-Fataawa, 26/16 All of that is subject to the condition that you are completely able to perform Hajj and that you pay off debts to anyone who asks you to pay him back when the debt becomes due, and that you are able to pay for the journey and its provisions, and whatever you need to take care of your affairs whilst you are travelling, without neglecting your family or those on whom you are obliged to spend. So you should leave with them enough to cover their needs. If you do not do that then you are sinning and neglecting those whom Allaah has commanded you to take care of. It was narrated that Khaythamah said: we were sitting with ‘Abd-Allaah ibn ‘Amr when Qaharmaan came to him. He said, ‘Have you given the slaves their food?’ He said, ‘No.’ He said, ‘Go and give it to them. The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “It is sufficient sin for a man if he withholds the food of his slave.”’ Saheeh Muslim, 996 It was narrated from Ibn ‘Umar that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “It is sufficient sin for a man if he neglect those whom he is responsible for.” Narrated by Abu Dawood, 1692 And Allaah knows best. Islam Q&A (www.islam-qa.com) 9700: Should he pay back an interest-based loan? Question: I had taken a government student loan to finance my 324

Transactions - Part 6

studies, at the time i took it i was not relegious but ive now come to know that it was a mistake. I thought of finsihing my studies and paying it off, however recently a brother approached me saying that the scholars have given a fatawa that anyone in the west(Canada) who has a loan from the government should not pay it back becuase these governments are financing the attack against our brothers in chechnya. Is this true? and please advize me as to what i should do regarding my loan?.

Answer: Praise be to Allaah. Firstly: Praise be to Allaah Who has guided you to the truth and has made you become religiously-committed. This is one of the greatest blessings that Allaah can bestow upon a Muslim. Secondly: If the loan involves paying interest when paying it back, then this loan is haraam and it is not permissible to continue with it. Allaah says (interpretation of the meaning): “O you who believe! Fear Allaah and give up what remains (due to you) from Ribaa (from now onward) if you are (really) believers” [al-Baqarah 2:278] If it is possible to cancel this loan, then you must do so. Thirdly:

325

Jurisprudence and Islamic Rulings

You have to repent and seek forgiveness, and feel regret for what you did, and resolve not to do it again. And be of good cheer, for Allaah accepts the repentance of His slave when he repents. The Prophet (peace and blessings of Allaah be upon him) said: “The one who repents of sin is like one who did not sin at all.” (Narrated by Ibn Maajah, 4250; classed as hasan by al-Albaani in Saheeh Ibn Maajah, 3427). Fourthly: If you cannot get rid of this loan, then you have to pay it off. If you can get out of paying the interest without any negative consequences, then you must do that, because it is not permissible for you to pay interest (riba), for the Prophet (peace and blessings of Allaah be upon him) cursed the one who consumes riba, the one who pays it, the one who records it and the two who witness it. He said they are all the same. (Muslim, 1598). If you cannot avoid paying this interest, then pay it because you are forced to do so, whilst hating it in your heart. Allaah does not burden anyone beyond what he is able to bear. It is sufficient for you to repent and regret what you did, in sha Allah. Fifthly: The idea that these governments are financing the attacks against Chechnya is something which has to be proven. Even if it is proven, it does not mean that every dealing with them becomes haraam. Rather with regard to what involves helping in falsehood or in waging war against Muslims –as the questioner mentioned – or in things that are forbidden in sharee’ah, it is not permissible to help in that or to get involved in it. And Allaah knows best. Islam Q&A (www.islam-qa.com) 326

Transactions - Part 6

22339: Regarding riba as permissible Question: What is the ruling on regarding riba as permissible? Thank you very much. Answer: Praise be to Allaah. Riba is forbidden according to the Qur’aan and Sunnah, and definitive scholarly consensus. Whoever regards it as permissible is a kaafir, because the basic principle is that whoever rejects something on which there is obvious scholarly consensus is guilty of kufr. Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said: The belief that the well-known obligations are obligatory and that the well-known prohibitions are forbidden is one of the most important basic principles of faith, and the one who rejects that is a kaafir according to scholarly consensus. Majmoo’ al-Fataawa, 12/497. Ibn Qudaamah (may Allaah have mercy on him) said: Whoever believes that something is permissible when there is consensus that it is forbidden and the ruling thereon is well known among the Muslims and the texts leave no room for doubt concerning it – such as pig meat, adultery and the like, concerning which there is no difference of scholarly opinion – is guilty of kufr. Al-Mughni, 12/276

327

Jurisprudence and Islamic Rulings

Al-Nawawi (may Allaah have mercy on him) said: But nowadays Islam has spread and the knowledge that zakaah is obligatory is well known to the elite and commoners alike; the scholar and the ignorant are both aware of it. So no one has any excuse for misinterpreting (the texts) and denying it. The same applies to everyone who denies any matter of religion on which the ummah is agreed, if knowledge of it is widespread, such as the five daily prayers, fasting the month of Ramadaan, doing ghusl to cleanse oneself of janaabah (impurity following sexual activity), the prohibition on adultery, alcohol and marrying mahrams, and other rulings, unless he is new in Islam and does not know its rulings, in which case if he denies something out of ignorance he is not guilty of kufr… But with regard to matters on which there is consensus but which may only be known by those with specialized knowledge, such as the prohibition on being married to a woman and her paternal aunt or maternal aunt at the same time, or that the one who kills with intent cannot inherit (from his victim), or that the grandmother is entitled to one-sixth (of the estate), and other such rulings, then whoever denies them is not guilty of kufr, rather he is to be excused because knowledge of these things is not widespread among the common folk. Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: The ruling on riba is that it is haraam according to the Qur’aan and Sunnah and scholarly consensus. It is classified as one of the major sins, because Allaah says (interpretation of the meaning): “but whoever returns (to Ribaa), such are the dwellers of the Fire — they will abide therein” [al-Baqarah 2:275] 328

Transactions - Part 6

“And if you do not do it, then take a notice of war from Allaah and His Messenger” [al-Baqarah 2:279] and because the Messenger of Allaah (peace and blessings of Allaah be upon him) cursed the one who consumes riba, the one who pays it, the two who witness it and the one who writes it down. So it is a major sin. There is scholarly consensus that it is forbidden, hence whoever denies that it is forbidden although he lives in a Muslim environment is an apostate, because this is one of the obviously forbidden things on which there is consensus. But if we say this, does that means that the scholars are agreed on all forms of riba? The answer is no; there is a difference of opinion concerning some forms of it. This is like what we have said about zakaah being obligatory according to consensus, but despite that there is no consensus on every form of it. They differed concerning the zakaah on camels and oxen that are used for farming or irrigation, and they differed concerning the zakaah on jewellery and the like, but in general the scholars are agreed that riba is haraam and is a major sin. Al-Sharh al-Mumti’ ‘ala Zaad al-Mustanqi’, 8/387 Based on that, it may be said: Whoever denies that riba is forbidden is a kaafir, because the fact that it is forbidden is one of the matters indicated by the texts, and the scholars are obviously agreed that it is haraam, and this is well known among the Muslims. But if he denies that a specific form of riba is forbidden, concerning which there is a difference of opinion among the scholars or there is no consensus that it is obviously 329

Jurisprudence and Islamic Rulings

forbidden, then he is not a kaafir; rather his case should be examined further. He may be a mujtahid who will be rewarded for his ijtihad, or he may be excused, or he may be an evildoer if by regarding this as permissible he is following his own whims and desires. And Allaah knows best. May Allaah send blessings and peace upon our Prophet Muhammad. Islam Q&A (www.islam-qa.com) 22905: Benefitting from a house that was built with an interest-based loan Question: 3 years ago we bought a house with a morgage with interests [riba] after we heard a fatwa.now we finished paying it [we payed a big part of it cash ] my questions are ;1- is it halal for us to live in this house. 2- can we rent it. 3- can we use it as a work place . [business,work from home]. Answer: Praise be to Allaah. Firstly: You have to repent to Allaah for this interest-based loan, because interest (riba) is one of the worst of major sins. Allaah says (interpretation of the meaning): 330

Transactions - Part 6

“O you who believe! Fear Allaah and give up what remains (due to you) from Riba (from now onward) if you are (really) believers. And if you do not do it, then take a notice of war from Allaah and His Messenger but if you repent, you shall have your capital sums. Deal not unjustly (by asking more than your capital sums), and you shall not be dealt with unjustly (by receiving less than your capital sums)” [al-Baqarah 2:278-279] Ibn Katheer (may Allaah have mercy on him) said in his Tafseer (2/657): “This is a stern warning and a threat to those who persist in dealing in riba after having been warned. Ibn Jurayj said: Ibn ‘Abbaas said: ‘Take a notice of war’ means, be certain of war from Allaah and His Messenger… and it was narrated that Ibn ‘Abbaas said: It will be said on the Day of Resurrection to the one who consumed riba: ‘Take up your weapon for war.’ Then he recited (interpretation of the meaning): ‘And if you do not do it, then take a notice of war from Allaah and His Messenger’ [al-Baqarah 2:279].” The Messenger of Allaah (peace and blessings of Allaah be upon him) cursed the one who consumes riba, the one who pays it, the one who records it and the two who witness it, and he said: “They are all the same.” (Narrated by Muslim, 1598). With regard to living in this house, if you have repented to Allaah then there is nothing wrong with you living in it or renting it out or using it as a place of business. 331

Jurisprudence and Islamic Rulings

The Standing Committee was asked about a man who took out an interest-based loan and built a house: should he knock down the house, or what should he do? They replied: If the situation is as you say, then what you have done by taking out this loan in this manner is haraam because it is riba. You have to repent and seek forgiveness for that, and regret what you have done, and resolve not to do such a thing again. With regard to the house that you built, do not knock it down, rather make use of it by living in it etc, and we hope that Allaah will forgive you for your careless action. Fataawa al-Lajnah al-Daa’imah, 13/411. We ask Allaah to accept our repentance and to help us to do that which He loves and which pleases Him. And Allaah knows best. Islam Q&A (www.islam-qa.com) 30798: Putting money in riba-based banks Question: I am a woman and I have a lot of money that I inherited. I am spending on my house, food, college fees and arranging marriages for my children. My husband is a police officer, but his salary is not enough for us to live comfortably without any financial difficulties. I put all my inheritance in the bank and we are living on the interest. Is the way I am spending it counted as zakaah or do I have to pay zakaah too? How much is the zakaah on the interest or the capital?. Answer: Praise be to Allaah.

332

Transactions - Part 6

1 – Putting money in riba-based banks and taking the riba (which is called “interest”) is haraam and is a major sin. The scholars of the Standing Committee said: Firstly: The profits which the bank pays to depositors on the sums of money that they deposit in the bank is regarded as riba (usury, interest) and it is not permissible for him to benefit from these profits. He has to repent to Allaah from depositing money in riba-based banks, and withdraw the money he deposited and the interest. He should then keep the capital and spend the interest on charitable causes to help the poor and needy, to provide facilities and so on. Secondly: He should look for a way that avoids dealing in riba, even if it is investing in a store, and put his money there as a mudaarabah transaction, on the basis that he will have a set share of the profits, such as one-third, or he should put the money there for safekeeping, without getting any interest. Fataawa Islamiyyah, 2/404 What is meant by mudaarabah (silent partnership or limited partnership) is when two people cooperate, one by contributing money and the other by doing the work, and the profits are shared between them according to whatever agreement they reached. Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) said: Undoubtedly dealing with banks that deal with riba is not

333

Jurisprudence and Islamic Rulings

permissible, because that is helping them in sin and transgression. Allaah says (interpretation of the meaning): “Help you one another in AlBirr and AtTaqwa (virtue, righteousness and piety); but do not help one another in sin and transgression” [al-Maa’idah 5:2] And it was proven that the Prophet (peace and blessings of Allaah be upon him) cursed the one who consumes riba, the one who pays it, the one who records it and the two who witness it, and he said, “They are all the same.” This was narrated by Muslim in his Saheeh. With regard to putting money in riba-based banks with a monthly or annual interest payment, this also comes under the heading of riba which is haraam, according to scholarly consensus. As for putting it in the bank without interest, in order to be on the safe side it is better not to do that except in case of necessity if the bank deals with riba, because putting money in the bank, even if you do not take interest, is still helping them to do riba-based transactions, so there is the fear that the one who does this will come under the same heading as those who cooperate in sin and transgression, even if that is not what he intended. So we must beware of that which Allaah has forbidden and look for the right way to keep our money and dispose of it. May Allaah help the Muslims to do that which will lead to their happiness and glory and success. May He make it easy for them to quickly establish Islamic banks that are free from riba-based transactions, for He is able to do that. May Allaah send blessings upon our Prophet Muhammad and his family and companions. Fataawa Ibn Baaz, 4/30, 31 334

Transactions - Part 6

2 – What a mother spends on her children does not count as zakaah, because if a father is unable to spend on his children, the duty to do so passes to the mother, if she has the means. Al-Mughni, 11/373 If the mother is obliged to spend on her children and they become independent of means because of this spending, then it is not permissible to give them zakaah. 3 – The money should be withdrawn from the riba-based bank quickly, and it is not permissible for you to benefit from any of the interest, rather you have to get rid of it by spending it in any charitable way. The interest that you took before is forgiven, if you took it because you were unaware of the Islamic ruling. Shaykh ‘Abd-Allaah ibn Jibreen said: You have to repent for the riba that you consumed that was given to you by the bank in the name of interest, but you do not have to dispose of it. Rather it is something that Allaah forgives, because He says (interpretation of the meaning): “So whosoever receives an admonition from his Lord and stops eating Ribaa, shall not be punished for the past; his case is for Allaah (to judge)” [al-Baqarah 2:275] If you take riba after that, then give it to those who deserve charity, whether they are relatives or strangers, so that you may be free of the sin of consuming riba. Fataawa Islamiyyah, 2/406, 407 And Allaah knows best. Islam Q&A (www.islam-qa.com)

335

Jurisprudence and Islamic Rulings

7030: Using credit cards in cases of necessity Question: I am aware that using a visa card, etc. that carries abalance is considered riba, but does a card that you pay off each month without a balance and no interest charge still apply to this? is it still riba?. Answer: Praise be to Allaah. This question has been asked before, under No. 3402, where it says: Credit cards are based on conditions of riba: if I delay repayment, they will impose a penalty on me, but in the place where I live in America, I cannot rent a car or a store or use many services without a credit card. If I do not use a credit card I will have a lot of problems and it will be unbearable for me. If I commit to paying it off by a certain time so that I will not pay any interest, is it permissible for me to use this card in the difficult circumstances in which I live? He answered as follows: If it is certain that not using it is going to cause difficulty and the likelihood of you being late in paying it is remote, then I hope that there is nothing wrong with that. (Answered by Shaykh Muhammad ibn ‘Uthaymeen, may Allaah have mercy on him). It should be noted that two conditions are mentioned in the question: not using it should cause difficulty and he should have no other option butt o use it; and the second condition is that he should be committed to paying it off without any delay. Islam Q&A (www.islam-qa.com) 336

Transactions - Part 6

26789: Ruling on depositing money in riba-based banks Question: What is the ruling on depositing money in riba-based banks? Answer: Praise be to Allaah. Putting money in the bank to get monthly or annual interest is a kind of riba that is haraam according to scholarly consensus. If it is simply deposited without interest, it is still wiser not to do that except in cases of necessity if the bank is one that deals with interest, because depositing money in the bank, even if no interest is involved, is still helping them to conduct their riba-based transactions, so there is the fear that the person who does that may be counted as one of those who help others in sin and transgression, even if he does not intend to do so. So we must beware of that which Allaah has forbidden and look for acceptable ways of saving our money and disposing of it. May Allaah help the Muslims to do that which will lead to their happiness, honour and salvation, and make it easy for them to work quickly to establish Islamic banks that are free of riba-based transactions, for He is Able to do that. May Allaah send blessings upon our Prophet Muhammad and his family and companions. Fataawa Ibn Baaz, 4/30, 311 (www.islam-qa.com) 22392: Depositing money in a riba-based bank Question: Is it allowed for me to keep the money in the Bank for transactions only, if i will not take any Interest on the 337

Jurisprudence and Islamic Rulings

deposited money. But obviously bank will use this interest for themselves Answer: Praise be to Allaah. It is not permissible to put money in a bank that deals in riba (usury or interest), and the Muslim should not do that unless he is forced to, in which case the following three conditions apply: 1 – He should have the need to do that, meaning that there is no safe place to keep his money except this bank. If he can find another place where he can keep his money apart from this riba-based bank, then it is not permissible for him to deposit his money in this bank which deals with riba. 2 – The bank should not deal one hundred percent with riba; if the bank’s dealings are one hundred percent with riba then it is not permissible to deposit his money with them at all, because depositing one’s money there in this case is helping the bank to engage in riba, and it is not permissible to help anyone with riba. 3 – The depositor should not take any profit, because if he takes any profit that will be riba, and riba is haraam according to the Qur’an and Sunnah and the consensus of the Muslims. With regard to the questioner’s saying that if he does not take the interest the bank will take it: This is not interest, rather it is riba which is haraam, and it belongs to the bank in the first place. The depositor does not have the right to take anything of it, because

338

Transactions - Part 6

Allaah has commanded us to abstain from riba when He said (interpretation of the meaning): “O you who believe! Be afraid of Allaah and give up what remains (due to you) from Ribaa (from now onward) if you are (really) believers” [al-Baqarah 2:278] And He warned against taking riba when He said: “And if you do not do it, then take a notice of war from Allaah and His Messenger” [al-Baqarah 2:278-279] It should also be noted that depositing this money in the banks is not regarded as depositing it in the shar’i sense, because depositing something in sharee’ah means leaving it with someone for safekeeping, which means that the owner cannot use it; but when money is deposited in the bank, the bank uses the money, so it is a form of lending, not depositing for safekeeping. The fuqaha’ have explained this point, that if the depositor gives the keeper permission to use his money, it is no longer a deposit for safekeeping, rather it is a loan. (Therefore anything added to the principle is riba). And Allaah knows best. May Allaah send blessings and peace upon our Prophet Muhammad. See Fataawa Manaar al-Islam, 2/433-440 by Shaykh Ibn ‘Uthaymeen. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com)

339

Jurisprudence and Islamic Rulings

13709: It is not permissible to impose a penalty for delay in praying off a debt Question: Is it considered riba to charge a person for a bounced check? For example, a person writes a check to a business for a certain amount, but when they go to retrieve the funds, the money is not there, and then the business charges them a fee for lying on their check. Is this charge riba? Answer: Praise be to Allaah. Yes, it is not permissible for you to take anything but the money which you are owed. If an additional amount is charged because of the delay or because you had difficulty in getting the money, this additional amount is not permissible. Rather you should take from him only the amount that was written on the cheque. But if he gives you something to make up for your difficulties, such as a payment for going to the bank, this is acceptable, but stipulating that an additional amount must be paid in the case of delay is not permissible. Shaykh ‘Abd-Allaah ibn Jibreen. (www.islam-qa.com) 20933: What is the ruling if he sells a company which owes money to others? Question: What is the position on debts which are owed by a company when it is sold? 340

Transactions - Part 6

Answer: Praise be to Allaah. The debts are not included in the sale contract, and they are still owed by the original borrowers. Shaykh Ibn Jibreen (www.islam-qa.com) 20807: Ruling on getting back a loan from interest-based money Question: A debtor transferred his debt to an interest-based bank. Is it permissible for the lender to take what he is owed from the bank when he knows that the contract between the bank and the debtor is based on interest? Answer: Praise be to Allaah. It may be permissible, because the lender is not a party to the interest-based transaction. But he should try to advise both parties. Shaykh Ibn Jibreen (www.islam-qa.com) 12823: Bank’s interest is called riba (usury) in sharee’ah Question: Is it true that Islam prohibits financial investment into assets that provide a fixed rate of return? 341

Jurisprudence and Islamic Rulings

Answer: Praise be to Allaah. The religion of Islam is the true religion which was brought by the Messenger of Allaah (peace and blessings of Allaah be upon him). It includes the most perfect laws, as Allaah says (interpretation of the meaning): “This day, I have perfected your religion for you, completed My Favour upon you” [al-Maa’idah 5:3] The sharee’ah (law) of the Qur’aan is a perfect, comprehensive and eternal law, containing all the rulings which bring happiness to people in this life and in the Hereafter. That includes rulings on matters of finance, the rulings which regulate and list the means of earning and spending money. It is not permissible to earn money in every way or to dispose of money in whatever way a person desires. In all these matters, one has to submit to the laws of Allaah, which include the prohibition on interest. Allaah says (interpretation of the meaning): “Allaah has permitted trading and forbidden Riba” [alBaqarah 2:275] “O you who believe! Be afraid of Allaah and give up what remains (due to you) from Riba” [al-Baqarah 2:278] Some of the obvious forms of riba include taking and giving interest on loans. Loans with interest are not permissible, and what is called interest in the language of the banks is riba in the language of sharee’ah. The “goodly loan” (al-qard al-hasanah), on the other hand, is the loan by means of which one intends to show kindness to another and do him a favour, which does not involve taking interest. What the banks call loans are in fact 342

Transactions - Part 6

contracts of riba. Allaah is Wise in His rulings because He has prescribed that which is in man’s interests in this life and in the Hereafter, and He is the All-Wise, AllKnowing. Shaykh ‘Abd al-Rahmaan al-Barraak. (www.islam-qa.com) 21914: Should he go for an interest-based mortgage if that is cheaper than renting? Question: Here in the UK; to buy a house you have to take a mortgage; that is you borrow money from the bank with interest; now I am paying rent for accomadtion; but if I take the mortgage option it works better for me as I will pay less per month, and the house will be mine; is that halal; if not what is the best way to do it? Answer: Praise be to Allaah. Dealing with riba (interest, usury) is haraam according to the Qur’aan, Sunnah and scholarly consensus. So it is not permissible to do that, no matter how great the need. The fact that a person may need a house or car, or to get married, or any other need, does not give him the excuse to do something that Allaah has forbidden. The Muslim has to fear Allaah and remember that He is always watching; he should prefer the Hereafter to this life. If he finds someone who will lend him the money then all well and good. If he cannot find anyone who will do that then he could borrow from a Muslim, taking a loan with no interest involved. If he cannot find anyone to lend him money then he should be patient in the hope of earning reward. Whoever gives up something for the sake of 343

Jurisprudence and Islamic Rulings

Allaah, Allaah will compensate him with something better than that. Islam Q&A Sheikh Muhammed Salih AlMunajjid (www.islam-qa.com) 2711: Transferring money from one currency to another Question: What is the ruling on money which is transferred from one currency to another? For example, I am paid in Saudi riyals, and I transfer it to Sudanese riyals. One Saudi riyal is equal to three Sudanese riyals. Is this riba? Answer: Praise be to Allaah. It is permissible to change notes of one currency into notes of another currency, even if there is a difference in value, because they are of different types, such as the examples mentioned in the question. But this is subject to the condition that the exchange be completed in one sitting. Checks and money orders are counted as exchanges done in one sitting. And Allaah is the Source of strength. May Allaah bless our Prophet Muhammad and grant him peace. From the fatwas of the Standing Committee. (www.islam-qa.com) 1231: It is not permissible for the vendor to charge extra to the one who makes late payments Question: I would like to ask this question concerning my business, 344

Transactions - Part 6

I usually sell cars and finance it by islamic law which mean i dont charge any interest,but to brotect my self i usually charge a late charge fee if they dont pay on time,please advice me is this halal or haram? Answer: Praise be to Allaah. This extra fee that you are charging for late payments from the purchaser is the essence of ribaa. Hence when Allaah stated that the ribaa which the people of the Jaahiliyyah used to charge when the debtor delayed payment, when they would charge the debtor more in return for a respite, was forbidden, He commanded that the debtor should be given a respite without further charges being made. Allaah said (interpretation of the meaning): “And if the debtor is in a hard time (has no money), then grant him time till it is easy for him to repay; but if you remit it by way of charity, that is better for you if you did but know” [al-Baqarah 2:280] And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 9054: Ruling on taking an interest-based loan for an urgent need Question: What is the ruling on taking an interest-based loan from the bank for an urgent need such as continuing university studies, or buying a car for one who has a family, or buying 345

Jurisprudence and Islamic Rulings

a house for a family, knowing that the person who is taking the loan cannot find anyone to lend him money without interest? Answer: Praise be to Allaah. Firstly: ribaa (interest, usury) is haraam wherever it exists and whatever form it takes. It is haraam for both the owner of the capital and whoever borrows it from him with interest, whether the borrower is rich or poor. Both are guilty of sin and indeed both of them are cursed. Whoever helps them in that, the one who writes down the contract and the one who witnesses it are also cursed, because of the general meaning of the aayahs and sound ahaadeeth which indicate that it is haraam. Allaah says (interpretation of the meaning): “Those who eat Ribaa will not stand (on the Day of Resurrection) except like the standing of a person beaten by Shaytaan (Satan) leading him to insanity. That is because they say: ‘Trading is only like Ribaa,’ whereas Allaah has permitted trading and forbidden Ribaa. So whosoever receives an admonition from his Lord and stops eating Ribaa, shall not be punished for the past; his case is for Allaah (to judge); but whoever returns (to Ribaa), such are the dwellers of the Fire — they will abide therein. Allaah will destroy Ribaa and will give increase for Sadaqaat (deeds of charity, alms). And Allaah likes not the disbelievers, sinners” [al-Baqarah 2: 275-276] ‘Ubaadah ibn al-Saamit (may Allaah be pleased with him) narrated that the Prophet (peace and blessings of Allaah be upon him) said: “Gold is to be paid for by gold, silver 346

Transactions - Part 6

by silver, barley by barley, dates by dates, like by like, payment being made hand to hand. He who made an addition to it, or asked for an addition, in fact dealt in usury [ribaa].” (Narrated by Muslim in his Saheeh). It was narrated that Jaabir (may Allaah be pleased with him) said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) cursed the one who consumes ribaa, the one who pays it, the one who writes it down and the two who witness it. He said they are all the same.” (Narrated by Muslim). ... Whoever is unable to work and is poor is allowed to ask for help, and to take zakaah and social security. Secondly: The Muslim, whether he is rich or poor, is not allowed to take a loan from the bank at 5% or 15 % or more or less, because that is ribaa and is a major sin. Allaah has caused him to have no need of that because of the ways that He has prescribed such as means of earning a halaal income by working as an employee for company owners, or as a civil servant in permissible work, or by dealing with the money of another on a profit-sharing basis. Fataawa al-Lajnah al-Daa’imah li ‘l-Buhooth al-‘Ilmiyyah wa’l-Iftaa’, 13/269 (www.islam-qa.com) 7840: Delaying repayment of a bank loan so that they will waive the interest Question: .If a person takes out a loan from the bank, if seven years go by and nothing has been repaid, they will no longer pursue repayment (i.e., the bank system will consider this loan to be a hopeless case), whereas if a person starts to 347

Jurisprudence and Islamic Rulings

repay the loan now, they will ask him for interest. So if he waits for seven years, they will not ask him for interest, just for the original money. Is it permissible to do this? Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah preserve him) who replied that if after seven years they will only take the original capital, then there is nothing wrong with this. Shaykh Muhammad ibn Saalih al-‘Uthaymeen (www.islam-qa.com) 9241: He wants to bring in a person to take his place in a ribaa-based investment bank account to save himself Question: A British Muslim brother started a ribaa-based investment account with the bank. The bank made it a condition that he should leave his deposit there for four years and not withdraw anything, then they will give him the interest earned each year. When he learned of the ruling (on ribaa), he wanted to withdraw the money from the bank, but the bank wants to charge a penalty for withdrawing the money ahead of time. If he brings in another person to take his place, the bank will not penalize this other person The question is: is it permissible for him, in order to be able to withdraw his money without being penalized, to bring in a kaafir to take his place so that he can withdraw his money, or not? 348

Transactions - Part 6

Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who answered as follows: This is not permissible because it involves helping another to commit sin and transgression. And Allaah knows best. Shaykh Muhammad ibn Saalih al-‘Uthaymeen (www.islam-qa.com) 750: This is the essence of ribaa Question: A person wanted to borrow money from one of the banks without paying interest, because interest is considered to be ribaa. But one of the managers in that bank told him: If you want to avoid ribaa, you can take a million from us, and one year later, if you can afford it, you can give us two million, one million which is due to us, and another million which we will keep for one year in return for the year during which you kept our million. After one year, you can take your million back. Is this considered to be ribaa or not? Please advise us, may Allaah reward you. Answer: Praise be to Allaah. This is the essence of ribaa, and is not permitted under any circumstances, because the purpose of lending is to 349

Jurisprudence and Islamic Rulings

help Muslims. It was narrated from Ibn ‘Abbaas (may Allaah be pleased with him) that a loan is like an act of charity. If the bank lends you one million riyaals for a period of one year, and after that year passes you return the million that you borrowed and add another million for them to keep for a year in return for their loan to you, this is haraam according to the consensus of the Muslim scholars. The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Every loan which brings benefits is ribaa.” (this version narrated by al-Baghawi). The bank lent you one million riyaals on the condition that you give them one million more than what is due to them, so that they can buy and sell with it and keep the profits for themselves. This condition brings benefits, so it is an invalid condition according to the consensus of the Muslim scholars. All that you have to do is to give the bank the million that you borrowed from them, and not another million to benefit from for a year. This is not permissible according to the consensus of the Muslim scholars. The bank is not entitled to anything except getting its money back, because Allaah says (interpretation of the meaning): “O you who believe! Be afraid of Allaah and give up what remains (due to you) from Ribaa (from now onward) if you are (really) believers. And if you do not do it, then take a notice of war from Allaah and His Messenger but if you repent, you shall have your capital sums. Deal not unjustly (by asking more than your capital sums), and you shall not be dealt with unjustly (by receiving less than your capital sums).” [al-Baqarah 2:278-289] From Fataawa Samaahat al-Shaykh ‘Abd-Allaah ibn Humayd, p. 185 (www.islam-qa.com)

350

Transactions - Part 6

10825: With his shares they bought shares in a ribaa-based bank Question: I had shares in a company, which went bankrupt 25 years ago. There were people who were in charge of the company, who used the money that was left over to buy shares in a ribaa-based bank 25 years ago, for 1000 riyaals per share. Now the value of each share is thirty thousand and I need this money. Is it permissible for me to take the current value of the shares? Please note that their purchase of shares in this bank was not known to us all this time. Answer: Praise be to Allaah. Take the whole amount, capital and profit, then keep the capital, because that is yours, and give the profit in charity, because it is ribaa. Allaah will make you independent by His bounty and will compensate you with something better, and He will help you to meet your need. Whoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (from every difficulty). And He will provide him from (sources) he never could imagine. And whosoever puts his trust in Allaah, then He will suffice him (cf. Al-Talaaq 65:2-3 – interpretation of the meaning). And Allaah is the Source of strength. May Allaah bless our Prophet Muhammad and his family and companions, and grant them peace. Standing Committee for Academic Research and Issuing

351

Jurisprudence and Islamic Rulings

Fatwas. Fataawaa al-Lajnah al-Daa’imah, 13/506 (www.islam-qa.com) 10235: Ruling on being a witness to a riba-based loan Question: My uncle has asked me to be a witness for him to get a loan from one of the banks. This loan involves riba. Please note that my father and my uncle are partners in this loan, and when I refused to be a witness, this caused problems. So I acted as a witness even though I was not happy about it. I regret what I have done and I feel bad about it. Now I am confused and feel constantly depressed. Please advise me. Answer: Praise be to Allaah. It is forbidden to act as a witness for riba-based transactions. You have to repent and seek the forgiveness of Allaah for what you have done when you witnessed this riba-based loan. And Allaah is the source of strength. May Allaah bless our Prophet Muhammad and his family and companions, and grant them peace. Standing Committee on Academic Research and Issuing Fatwas, 13/298 (www.islam-qa.com) 10234: Ruling on buying a mosque with an interest-based loan Question: We are a group of foreign Muslims living in Germany. 352

Transactions - Part 6

We have a place which we rent for the daily prayers, Jumu’ah and Eid. But because there are so many people praying there – praise be to Allaah – the German government will no longer allow us to pray there, because the place is too small and is a place that is not suitable. Now we want to buy a big place outside the city, and the German authorities have agreed that we may buy it. The place costs 3.5 million deutschmarks, and we have only 1.5 million deutschmarks. Is it permissible for us to take out a loan from the bank to cover the outstanding amount and buy this place with ribaa (interest)? Is this considered to be a necessity? If we buy it with ribaa, is it permissible to pray in it until we have other places in the city to pray in? Please advise us, may Allaah reward you. Answer: Praise be to Allaah. It is not permissible for you to take out a loan with ribaa (interest), because Allaah has prohibited ribaa and has issued the strongest warning to those who deal in it. The Prophet (peace and blessings of Allaah be upon him) cursed the one who consumes ribaa, the one who gives it, the two who witness it and the one who writes it down. Ribaa is not permitted under any circumstances whatsoever. Do not buy the place to which you refer unless you have the financial resources to buy it without resorting to ribaa. Pray as best you can, all together or separated into a number of groups in different places. And Allaah is the source of strength. May Allaah bless our Prophet Muhammad and his family and companions, and grant them peace. Standing Committee on Academic Research and Issuing Fatwas, 13/290 (www.islam-qa.com) 353

Jurisprudence and Islamic Rulings

10233: Lender referring a third party to debtor for extra money Question: I loaned someone ten thousand riyaals, but he is delaying repayment and has not yet paid back what he owes. I owe a third person ten thousand riyaals, and he came and asked for his money. I told him, ‘Go and ask So and so – i.e., the first person – for the ten thousand riyaals that I owe you, for the ten thousand that he owes me, and I will give you two thousand riyaals extra, to make up for the length of the delay. In other words, twelve thousand riyaals in return for ten thousand. What is the ruling on that? Please advise me, may Allaah reward you. Answer: Praise be to Allaah. It is not permissible for you to refer the one who loaned you ten thousand riyaals to the person who owes you money and is delaying repayment and to add two thousand riyaals to make up for the lengthy delay, because this extra amount is ribaa, and ribaa is haraam according to the Islamic sharee’ah. And Allaah is the source of strength. May Allaah bless our Prophet Muhammad and his family and companions, and grant them peace. Standing Committee for Academic Research and Issuing Fatwas, 13/304 (www.islam-qa.com)

354

Transactions - Part 6

1120: Is it permissible to deal with ribaa in a ribaa-based society? Question: Is it permissible for the Muslim to deal with ribaa in a society that is based on ribaa? Answer: Praise be to Allaah. It is not permissible for him to deal with ribaa, even if the society is based on ribaa, because of the general applicability of the texts which forbid ribaa. He has to change this evil action as much as he can, if he cannot move away from that society in order to distance himself from this evil, lest the punishment that befalls them befalls him too. And Allaah is the Source of strength. May Allaah bless our Prophet Muhammad and his family and companions, and grant them peace. Standing Committee on Academic Research and Issuing Fatwas, 13/194 (www.islam-qa.com) 7638: Helping people to buy used cars with ribaa (interest) Question: I am a Muslim and own a used car dealership in the USA. I am writing you seeking your help in finding what I am going to explain to you is HALAL OR HARAM (FATWA). I sell my cars to people who can’t afford to pay cash up front for the cars they buy. So I sell my cars 355

Jurisprudence and Islamic Rulings

with a low down payment and a low weekly payment with no INTEREST (Reba). The disadvantage to this system is a lot of customers who buy cars from me make a few payments or damage the car and stop paying. The other disadvantage is waiting a long period of time to get my money back. All of the dealers in this country are using Financial Institutions to help their customers get loans to buy cars from them and get their money fast. Here is how it works: 1. The customer chooses a car he likes. 2. I help him or her fill out an application form in the behalf of the Financial Institution. 3. I send or fax the application to the Financial Institution and act as the customer’s agent and also an agent for the Financial Institution. 4. When the Financial institution approves the applicant, they send me anywhere between 75 to 90% of my money and charges the customers a monthly payments plus interest (Reba) for the duration of the loan. My question is this: Is it HALAL OR HARAM to help people deal with the Financial Institutions to get loans with interest? Am I held responsible in front of ALLAH by helping people get loans to buy cars with interest ever though I do not get anything back from the Financial Institution or the customer but the 70 to 90% of car’s price? Please let me know what the SHARIAA or rules of our DEEN say about this issue. All I want is to do what ALLAH asks us to do to win his REDA. Answer: Praise be to Allaah. 356

Transactions - Part 6

This way is haraam, because it is pure ribaa. Allaah says (interpretation of the meaning): “Allaah has permitted trading and forbidden Ribaa” [al-Baqarah 2:275] This is for a number of reasons: (1) The financial institution, as is quite clear from the question, is a ribaa-based institution which deals in interest. (2) The method which you describe – whereby the financial institution pays the value of the car to the vendor, then takes back its money with interest in installments from the purchaser – is no more than a loan with interest. It is as if the financial institution is lending the customer an amount of money (such as ,000) on the condition that he will pay interest (such as 10%), so the customer repays the financial institution with interest in installments (so the amount of ,000 becomes ,000). This is ribaa, pure and simple, and this is not permitted. This is the ribaa of the Jaahiliyyah which was forbidden by Allaah and His Messenger. Allaah says (interpretation of the meaning): “O you who believe! Be afraid of Allaah and give up what remains (due to you) from Ribaa (from now onward) if you are (really) believers. And if you do not do it, then take a notice of war from Allaah and His Messenger but if you repent, you shall have your capital sums. Deal not unjustly (by asking more than your capital sums), and you shall not be dealt with unjustly (by receiving less than your capital sums).” [al-Baqarah 2:278-279] “And be afraid of the Day when you shall be brought back to Allaah. Then every person shall be paid what he 357

Jurisprudence and Islamic Rulings

earned, and they shall not be dealt with unjustly” [alBaqarah 2:281] The Prophet (peace and blessings of Allaah be upon him) said: “All the ribaa of the Jaahiliyyah is null and void, but your capital is yours. Do not deal unjustly and you will not be dealt with unjustly.” (Narrated by Abu Dawood, 2896; Ibn Maajah, 3064). Al-Qurtubi said in his Tafseer: “The Muslims are agreed, narrating from their Prophet (peace and blessings of Allaah be upon him) that imposing the condition of repaying something extra in a loan is ribaa, even if it is only a handful of animal feed or, as Ibn Mas’ood said, even if it is a single grain.” Shaykh al-Islam Ibn Taymiyyah said: “The scholars agreed that when the lender imposes the condition of paying back something extra on his loan, this is haraam.” (3) Moreover, the financial institution is also stipulating the condition that the loan be repaid within a specific time limit, otherwise an additional amount is to be paid. This is also a kind of ribaa. One of the statements issued by the second session of the Islamic Fiqh Council was the following: “Every kind of interest or additional payment required in return for delaying repayment of a loan when payment falls due and the debtor is unable to pay, and interest or additional payments charged on a loan from the outset – these are two types of ribaa which is forbidden according to sharee’ah. 358

Transactions - Part 6

(4) After knowing the ruling on loans with interest, and knowing how strictly this is forbidden by Allaah and His Messenger, it remains for us to note that cooperating in ribaa – even if the one who helps does not gain anything from that – and making it easy for people in any way, shape or form, is haraam according to sharee’ah. Allaah says (interpretation of the meaning): “Help you one another in AlBirr and AtTaqwa (virtue, righteousness and piety); but do not help one another in sin and transgression” [al-Maa’idah 5:2] It was reported that ‘Ali ibn Abi Taalib (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) cursed ten people: the one who consumes ribaa, the one who pays ribaa, the one who writes it down, the two who witness it, the one who makes it lawful, the one for whom it is made lawful, the one who withholds sadaqah (charity), the one who does tattoos and the one for whom tattooing is done.” (Narrated by Muslim, 50; al-Tirmidhi, 1038, and others). The Islamic Fiqh Council in its ninth session stated the following: It is obligatory on all the Muslims to forbid that which Allaah forbids of dealing in ribaa, whether accepting it or paying it, or cooperating in it in any way, shape or form, lest they incur the wrath of Allaah and open themselves to a declaration of war from Allaah and His Messenger. This statement was issued by consensus. On the basis of the above, it is not permissible for you to participate in initiating or concluding ribaa-based dealings between the purchaser and the financial institution. You must look for other, permissible ways in which your rights 359

Jurisprudence and Islamic Rulings

are also protected. Whoever fears Allaah and does his duty towards Him, Allaah will make for him a way out and will provide for him from sources he could never imagine. Whoever gives up something for the sake of Allaah, Allaah will compensate him with something better. May Allaah help us and you to do all good. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 1391: Using something which was bought with ribaa Question: My parents bought me a car which they pay intest on the car till now. Is it permissable to continue using the car or not? because they pay the financing. Answer: Praise be to Allaah. So long as the purchase with interest has been made and it is not possible to go back on that, you can use the car, but you must advise your parents and explain to them that ribaa is haraam, so that they will not do this again. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 360

Transactions - Part 6

8141: Ruling on taking ribaa from deposit accounts in kaafir banks Question: My question is regarding to someone’s problem who is very nearly person of mine.The question is that the country where I am from there are some companies they have some monthly income schemes. In which they deposite money as fixed asset and on that they gave monthly profit and there is no change in the deposited amount. I like to know that in the light of Islam is this way of having income is Halal or not and can a widow use this income to support herself and family expenses? Answer: Praise be to Allaah. A similar question was sent to the Standing Committee for Academic Research and Issuing Fatwas (al-Lajnah al-Daa’imah li’l-Buhooth al-‘Ilmiyyah wa’l-Iftaa’). The text of the question was as follows: Al-Ummah magazine has published a fatwa on financial matters conducted in western countries and in daar alharb [non-Muslim countries which are in a state of hostility against Islam]. Imaam Abu Haneefah stated that it was permissible to take riba from al-harbiyeen in daar al-harb, and that every contract or transaction which was beneficial to Muslims was valid, so long as it was based on mutual consent and involved no deception or betrayal. If this is true, it would be helpful to some Muslims in France, because the donations that come to us stay in the bank for months before the time comes to use them, and no one benefits from the accumulating interest apart from 361

Jurisprudence and Islamic Rulings

the bank with which we are dealing. If this fatwa is correct we can make use of the interest paid to us on our money in daar al-harb, and at least give it to the poor and needy, if no one else. And our intention is for the sake of Allaah. The Standing Committee, under the leadership of Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) replied as follows: Firstly, financial transactions and mutual exchanges of benefits between us and the kuffaar are valid so long as they meet the conditions of transactions set out in Islamic sharee’ah. Secondly, dealing in ribaa is absolutely haraam, whether it is among Muslims or between Muslims and kaafirs, whether they are harbiyeen or not. And Allaah knows best. From Fataawaa al-Lajnah al-Daa’imah, 13/19 (www.islam-qa.com) 3077: What should a person who his father borrowed with interest(Ribba) do Question: Our father bought the house we currently live in before I was born. I am now 22yrs. Back then my family were being evicted from the place they were living in at the time and my father was under pressure to find my family a place to live. So, he bought a house using a bank mortgage. The mortgage was interest based as the system is over here in England. About two years after I was born, my father died and had not finished repaying the bank. The rest of the mortgage was paid off by my older brother, who was in employment at the time. 362

Transactions - Part 6

Now my worry is if it is permissible for me to remain living in the house bought by my father and also if any of us can inherit a share of its money if it were to be sold? I look forward to the reply. Answer: Praise be to Allaah. Seek forgiveness for your father, and your brother has to repent to Allaah. It is OK if you want to live in that house, and to take your share of the price when it is sold. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 8967: Filling out forms disclosing workers’ salaries at the request of riba-based banks Question: We are accountants working in the public sector. We have some forms from companies which sell to people who pay in installments. Some of the employees want to buy things by installments from some riba-based banks, and the banks have set the condition that the purchaser discloses his basic salary. Will we be included among those who are mentioned in the hadeeth as being cursed by Allaah for recording ribaa? We have refused to write it, but the head of the division and the directors have put us in a very difficult position. What is the correct Islamic viewpoint on our situation? 363

Jurisprudence and Islamic Rulings

Answer: Praise be to Allaah. We put your question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who answered as follows: If you fill out the papers for them, then you are helping them to do something which is haraam, and Allaah says (interpretation of the meaning): “but do not help one another in sin and transgression” [al-Maa’idah 5:2]. Question: What if they are faced with a threat to fire them from their jobs? Answer: We still advise them to refuse to do this. “And whosoever fears Allâh and keeps his duty to Him, He will make a way for him to get out (from every difficulty)” [al-Talaaq 65:2 – interpretation of the meaning]. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 6002: Counterbalancing one another’s interest in the bank Question: Is it possible to counterbalance each other the interest of a borrowing by the winning interest of an investment in the same bank in order to avoid practicing usury and so taking advantage of different banking transactions? Answer: Praise be to Allaah. If it is proven that your friend has repented from riba and that he has a debt he owes and 364

Transactions - Part 6

cannot pay, then you can get rid of the riba you have been given by giving it to him, otherwise do not give it to him. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 4265: Harmful effects of Riba Question: Assalamu alaikum Why is Riba (Usury) forbidden? I need a convincing answer to give it to some of my brothers in town. Jazakum allah alf Khair Answer: Praise be to Allaah. Wa ‘alaykum al-salaam wa rahmat-Allaahi wa barakaatuhu. Riba is forbidden because of the harmful effects that result from it, such as: Economic effects, e.g., keeping money idle and unproductive, and swelling the ranks of the poor; Social effects, e.g., cutting ties, creating enmity and hatred between the poor and the rich, and spreading corruption and promiscuity caused by need; Psychological and spiritual effects, e.g., arrogance, looking down on others, hard-heartedness and exploiting the needs of the poor. 365

Jurisprudence and Islamic Rulings

The above describes the effects of Riba on the individual level. On the state level, countries are weakened, their resources fall under the control of others, they end up following their enemies’ desires, they are robbed of their natural wealth and their problems get even worse. This is what we see happening in reality. We ask Allaah to keep us safe and sound.. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 4943: Her husband bought a house with riba – can she refuse to live in it? Question: My question is that my husband started to take a morgege,a home loun from a bank and the muslim allamah said that is riba and haram.He did’nt care about the case,but what is my hokom in this case?? Answer: Praise be to Allaah. We put the following question to Shaykh Muhammad Saalih ibn ‘Uthaymeen: Her husband has bought a house with haraam money. Can she refuse to live in it? He replied, may Allaah preserve him: “Praise be to Allaah. No, she cannot refuse to live in it, because she is living there rightfully. It is he who has acquired the house in a wrongful manner. But if he has 366

Transactions - Part 6

seized another person’s house by force, then she has the right to refuse to live in it.” And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 432: Obtaining a discount card in return for paying a certain amount Question: In some bookshops there are advertisements for a scheme whereby the customer pays a set amount of money each month and gets two things: he will be supplied with new books in a specific area of interest, such as fiqh, etc, and he will get a 10% discount if he wants to buy books from these stores. What is the ruling on this? Answer: Praise be to Allaah. This is a kind of gambling, concerning which Allaah says (interpretation of the meaning): “O you who believe! Intoxicants (all kinds of alcoholic drinks), gambling, al-ansaab (stone altars for making sacrifices to idols, etc.) and al-azlaam (arrows for seeking luck or decision) are an abomination of Shaytaan’s handiwork. So avoid (strictly all) that (abomination)…” [al-Maa’idah 5:90] Gambling means everything that involves one side trying to take advantage of the other, so that one will be the 367

Jurisprudence and Islamic Rulings

winner and the other will be the loser. This is the shar’i ruling on gambling. So a man who pays 500 riyals every month, for example, may buy books for which his discount adds up to more than a thousand riyals, or he may not buy anything at all. If we suppose that he buys things for which the discount adds up to more than five hundred riyals, then he will be the winner, and the storekeeper will be the loser; if he does not buy anything, then the storekeeper will be the winner and the man will be the loser, because he paid 500 riyals and did not get anything in return. This transaction is a kind of gambling and is not permissible. Liqa’ al-Baab al-Maftooh, Ibn ‘Uthaymeen, 52/68. (www.islam-qa.com) 2370: Getting rid of riba by giving it to the poor Question: Can we give the interest from banks to the needy one? Answer: Praise be to Allaah. If there is a person who deals in riba (interest/usury), then repents and wants to get rid of the money he gained from riba, it is permissible for him to give it to the poor in order to get rid of it. A person can also do likewise if an amount of riba is put into his account by the bank, but this is not counted as sadaqah (charity), because Allaah is Good and only accepts that which is good and pure. As for continuing to deal in riba, this is not permissible, because it is one of the major sins (kabaa’ir), and taking it is tantamount to challenging Allaah and His Messenger, 368

Transactions - Part 6

even if one is dealing in riba in order to give it to the poor. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 2492: Disposing of riba income received before one came to know that it is haraam Question: Assalamu alaikum, A person used to receive interest on his bank deposits. He later learnt it is forbidden (haraam) and ceased to receive interest. Later on, he feels he should give out this money to complete the conditions for his repentance (tawba). However, there are two problems : 1- He cannot calculate the exact amount of all the money he previously obtained from bank interests. 2- The savings this person has now, are surely less than what he obtained from bank interest over the years. Given the above, please answer the following questions : 1- Is it a condition of this person’s tawba to give out the exact equivalent of all the money he received from bank interest ? 2- If the answer to the first question is ‘yes’, then must he immediately give out any amounts as they become available (after providing basic needs for himself and his family) ?

369

Jurisprudence and Islamic Rulings

i.e can this person buy things that are not strictly necessities (‘Darooriyyaat’ i.e. shelter, food, clothes, medicine, transportation) but that are still important (‘haajaat’, e.g. computer) ? 3- If the answer to the second part of the previous question is ‘no’, can this person perform hajj, before giving out the equivalent of this bank interest money, with any amounts that become available ? Jazaakum Allahu khairan. Answer: Praise be to Allaah. Allaah says (interpretation of the meaning): “Those who eat riba (usury) will not stand (on the Day of Resurrection) except like the standing of a person beaten by Shaytaan, leading him to insanity. That is because they say: ‘Trading is only like riba,’ whereas Allaah has permitted trading and forbidden riba. So whosoever receives an admonition from his Lord and stops eating riba shall not be punished for his past; his case is for Allaah (to judge); but whoever returns (to riba), such are the dwellers of the Fire – they will abide therein.” [al-Baqarah 2:275] Ibn Katheer, may Allaah have mercy on him, said concerning the phrase So whosoever receives an admonition from his Lord and stops eating riba shall not be punished for his past: “This means: whoever hears that Allaah has forbidden riba should stop as soon as this ruling reaches him, but he can keep whatever he had received before, because Allaah says (interpretation of the meaning): ‘…Allaah has forgiven what is past…’ [al370

Transactions - Part 6

Maa’idah 5:95]. Similarly, on the day of the Conquest of Makkah, the Prophet (peace and blessings of Allaah be upon him) said: ‘All riba owing from the time of Jaahiliyyah is under these two feet of mine… (when he abolished everything that was owed to the usurers except their capital), he did not command them to return the extra money they had received during the time of Jaahiliyyah. (The phrase) (Allaah) has forgiven what is past is akin to the phrase his case is for Allaah (to judge). Sa’eed ibn Jubayr and al-Saddi said: Shall not be punished for his past (means) for what he used to consume of riba before it was prohibited.” (Tafseer Ibn Katheer; the material in brackets has been added for the purpose of clarification). On the basis of the above, you do not have to repay the interest which you received before you found out that it is haraam, but whatever you have received since then must be repaid if you still have it. If it has become mixed with your own money and you do not know the amount, then try to estimate what you think is most likely, and pay that amount. For more information please see Questions # 824 and 1606. We ask Allaah to accept our repentance. May Allaah bless our Prophet Muhammad. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 1606: Doesn’t want to repay riba but also doesn’t want to give a bad impression Question: as-salaamu alaikum wa rahmatullahi wa barakatuhu please inform we whether or not i must pay interest on loans i took out before coming to islam, or in my days of 371

Jurisprudence and Islamic Rulings

ignorance. i intend to pay off all of the principal ,of course, but i hate that i enter a state of war with Allah and His Messenger (SAW) because of fulfilling a haram contract that i entered while not knowing better. i would also hate to give muslims a bad name by not paying my debt conscientiously. can i pay of the principal and give a gift stipulating that i reject riba and that i am only giving this extra sum for another reason? may Allah subhanu wa ta’Ala reward you with the good. Answer: Praise be to Allaah. If you are able to, then do not pay the interest, so that you will not be counted among those referred to in the hadeeth: “The Messenger of Allaah (peace and blessings of Allaah be upon him) cursed the one who consumes riba, the one who pays it, the one who writes it down and those who witness it, and said that all are equally sinful.” (Reported by Muslim, 2995). All of them are cursed for their participation in this sin. In order for a Muslim to avoid giving a bad impression to the people from whom he took out the loan and who may be unaware of the fact that it is forbidden, if he does not want to pay the interest, he could explain to them the shar’i reason for this. If you have no choice and are forced to pay the interest, unwillingly, then your repentance should be sufficient, in sha Allaah. For more information, please see Questions # 824 and 2492. May Allaah bless our Prophet Muhammad. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 372

Transactions - Part 6

1885: Praying in a mosque built with riba based loan Question: A new Islamic Center in my communinity is being built. The Muslims here bought the property by taking a huge loan with interest. The masjid was built involving interest. Is it haram for Muslim students to pray and conduct activities in this mosque or go to only the other masjids in the area? Answer: Praise be to Allaah. It is permissible to pray in this mosque; the people who took out the loan based on interest must repent to Allaah. And Allaah is the source of strength. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 1507: Accepting interest does not make it permissible Question: Asalamun aikum shaikh As we know interest is haram in Islam but can u please tell me why is it haram. I have some money but I don’t know how to invest the money there is someone who knows how to manage this money if I gave him my money and fix some amount for him as interest we both agree on this and we are both pleased with this decision is it still haram if yes than can u please explain it for me. Aassalaumu alikum 373

Jurisprudence and Islamic Rulings

Answer: Praise be to Allaah. Riba (which means adding something extra to certain products, like selling gold for gold, or by not receiving something when a contract is signed, or paying extra in return for extension of a loan) is haraam because Allaah who rules as He wills - has forbidden it. No one can ask Him about what He does; He is the One Who will ask people about what they did, on the Day of Resurrection. Allaah has explained that riba is haraam, and warned those who do not give it up, in the aayaat (interpretation of the meaning): ”O you who believe! Be afraid of Allaah and give up what remains (due to you) from riba (usury) (from now onward), if you are (really) believers. And if you do not do it, then take a notice of war from Allaah and His Messenger . . .” [al-Baqarah 2:278-279] One of the most important points to remember about Islamic sharee’ah - and this is one of the major differences between Sharee’ah and earthly jaahili laws - is that mutual consent to commit a haraam deed does not make it halaal. If a man and a woman agree to commit zinaa (fornication or adultery), it does not become halaal. If a businessman agrees with the bank to deposit a sum of money in the bank and take interest on it, or to take out a loan and pay interest on it, that does not make such transactions halaal. Things that are haraam will remain so until the Day of Judgement. Man is ignorant and inclined to do wrong. He may not even know what is in his own interests or in the interests of others, so he may do things that harm himself or others. 374

Transactions - Part 6

You state in your question that you want to give some money to a person to invest it, in return for something. There is nothing wrong with that if it is done in accordance with sharee’ah, which includes a contract of silent partnership - i.e., you give money to someone to do business on your behalf, in return for a agreed percentage of the profits. According to sharee’ah, a contract of silent partnership includes the following: * The one who receives the money for investment is not permitted to guarantee the capital and is not expected to repay it except in cases of recklessness or negligence. * In the event of loss, the investor loses his capital and the one who took the money loses the time and effort invested. May Allaah help you and us to earn a halaal income. May Allaah bless our Prophet Muhammad . Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 292: Using interest to pay for tuition Question: Assalam alaikum, The question has arisen due to many needy Muslims who are being thrown out of schools due to lack of tuition. There are many Muslims who have bank accounts which give interest, and they have not been using it as interest is haram. What should one do with the interest. Should he 375

Jurisprudence and Islamic Rulings

leave it to the bank or can it be used for such case as paying the tuition to the non Islamic institutions ? Please give valid reasons. This question is very important and urgent as the academic term has just started and funds are not available. Jazakawallahu Kheiran, Answer: Praise be to Allaah, and may His peace and blessings be upon His Messenger Muhammad and on his family and companions. To the honorable brother: Sheikh Ali Darani , May Allah safeguard you , Judge of Nairobi - Kenya May Allaah’s peace and blessings be upon you. I have received your question by e-mail concerning the legality of spending interest money for the benefit of needy students studying in educational institutions in your country. Herein, I will summarize the answer to your question according to what scholars have mentioned: If a Muslim has earned or received unlawful money, he should get rid of it. He must neither derive any personal benefit from it, such as spending this money in eating, drinking, housing, family expenditure, educational tuition, nor can he use it in averting hardship and acts of injustice as paying compulsory insurance fees, government or sales taxes, and customs and duty charges. Indeed, the intention of its removal must be the purification of one’s money from interest, and it is not considered alms giving because Allaah is pure and good and He, the Almighty, accepts only that which is pure and good. This interest money can be spent in many beneficial areas, 376

Transactions - Part 6

such as for the poor and needy, for medication costs for needy people, helping mujaahideen and advocators of Islam, sustaining the impoverished and relieving debtors who can not repay their debts. Moreover, this money could be used in Islamic Center needs, such as constructing mosques, roads, etc… Thus, spending this money in the tuition of needy students studying in educational institutions falls within the aforementioned possible avenues of expenditure. This is permissible even if these institutions are supervised and directed by unbelievers, on condition that the subjects areas studied are Islamically permissible and do not result in any harmful or unlawful consequences. Moreover, this interest is considered forbidden and unlawful to the one who earns it, but as for the people to whom this money given, it is permissible and lawful to make use of it, for it is considered as lost money that no one owns. Finally, may Allaah grant us success in supporting Islam and Muslims. Reference: Fataawa Islamiyyah, 2/401-411, “What should one do who repents from earning forbidden money”, AlFawzaan. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 590: Late payment charges Question: Assalamu alikum My question concerns bills related to telephone or university tuition. If you delay the payment of the telephone bill they add an extra amount by a certain 377

Jurisprudence and Islamic Rulings

percentage of the bill and if you further delay by another month an extra amount is added to the previous total using the same percentage on the whole amount. Are these extra amounts riba or if it is not riba is it still haram to pay this extra amount? Jazakallah kheir Answer: Al-hamdu lillaah. Yes, this extra amount is undoubtedly considered ribaa, as the longer period for payment they allow you the more they increase the amount for you to pay. You need to refuse this kind of transaction. If you are forced, then pay the original sum without the extra amount. If you are forced to pay the extra amount, then pay it while offering repentance to Allaah and committing not to deal in such transactions again. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 181: Ruling on pre-marital relationships Question: Assalamu’alaikum. I am very in love with my girlfriend, a Chinese non-muslim.We’ve been together for 5 years and planned to be wed soon. The problem is she is the eldest in her family and by tradition has to look after her parents who are non-muslim.I have tried to convert them to the islamic faith but they refused to submit to islam.As a muslim, i respect their decision but will i be doing a sin if they continued to livewith my girlfriend and I after we 378

Transactions - Part 6

wed.I deeply love and respect them even though they rejected our religion as they are my girlfriend’s parents. They however were understanding enough to not keep idols and dieties in the house after we wed but they love to eat pork (just like any other chinese) What am i supposed to do? My girlfriend doesn’t eat pork anymore and she has submitted to islam willingly but she is concerned about changing her name as her parents want her to keep her original name(ie Wong Wan Pei). Can this be allowed? Answer: All praise is due to Allah. First of all, we praise Allah the most glorified that He guided this woman to Islam and that you are now allowed to marry her under Islamic law (shari’ah). May Allah the Almighty help you to remain firm toward your faith. Out of compassion and caring for your sake, please allow me to reproach a particular aspect of your question, which is that you did not indicate any regret on your part regarding the sinful and forbidden relationship of taking a girlfriend and continuing with her in a friendship that angers and displeases Allah regardless of the extent of that friendship. Your question focused on a secondary issue regarding the ruling on changing one’s name which is not as serious as what you have practiced for the past five years. Allah the most glorified has forbidden such an indecent relationship in the Qur’an (interpretation of the meaning, ) “…not committing fornication, nor taking them as lovers (i.e. girlfriends)…” (Al-Maa’ida, 5:5) So, it is obligatory upon you to repent to Allah and to regret what has passed and to have the firm will not to return to the same action again, and to do good deeds and 379

Jurisprudence and Islamic Rulings

perform acts of worship to expiate the evils of that sin, and Allah is surely forgiving and merciful. (Please see also similar discussion of this issue in question #61) As for your statement: “I deeply love my girlfriend’s parents even though they rejected our religion,” by Allah it is extremely astonishing how a Muslim man that believes in Allah and the last day can love people who are non-believers that don’t believe in Allah and the last day and don’t forbid what Allah forbids and don’t practice the religion of truth and also refuse the religion of Islam??! Is this not a clear violation of Allah’s statement in the Qur’an in surat al-Mujadlilah 58:22 (interpretation of the meaning): “You will not find any people who believe in Allah and the Last Day, making friendship with and loving those who oppose Allah and His Messenger (Muhammad- SAWS Peace and Blessings of Allah be Upon Him), even if they are their fathers or their sons or their kindred…” We are not saying to you curse them or pick up arms against them; however, it is obligatory upon you to abhor them for their disbelief and their denial of the Lord of the worlds and to hate the invalid and untruthful religion that they are practicing. On the other hand, there is no objection for you to treat them with kindness—while disliking them in your heart—and to be amicable towards them so that perhaps Allah will guide them through you. You will find no conflict or contradiction between these two ideas if you consider them carefully. Furthermore, there is no objection to her parents living with you after marriage if they do not perform forbidden acts in the home (e.g., eating pork, drinking alcohol, etc.) As for the question raised at the end of your letter regarding changing her name, the answer is: if the name 380

Transactions - Part 6

of the person has a forbidden meaning, like the name of an idol or one of their deities or a name that means worshipping other than Allah, such as Abdul-Maseeh (worshipper of Jesus SAWS the messiah) or AbdulHussain (worshipper of Hussain) then it is mandatory to change it. However, if its meaning is permissable and not objectionable, e.g. if it means one of the colors such as red or green or a vocation like carpenter or baker, then it is OK and it is not obligatory to change it. However, if changing the name in official documents would cause the person much distress or harm, then it suffices to change it amongst his family and acquaintances. Finally, I ask Allah to give you and this woman a halaal (lawful and good) and blissful life, full of imaan (faith) and taqwa (piety - God-fearing) and enriched with righteous posterity. All success is from Allah. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 126: Conditions for performing forbidden act under necessity and engaging in riba transactions Question: Here in Singapore, the Muslims have very little, if not any, chance to participate in non-interest based transactions. What advice can you give to us who have no choice but to be involved in these transactions for our basic needs? Answer: Al-hamdu lillaah: 381

Jurisprudence and Islamic Rulings

Every Muslim has to implement Islamic law, with all possible means, in all affairs, being social, economical, etc., in accordance with the verse: (interpretation of the meaning) “Say: My prayer, my sacrifice, my life and my death are for Allah”. On certain occasions Muslims may be ruled by a nonIslamic system, which makes it very difficult for them to practice their religion. Their example may be similar to that predicted by the prophet, (peace be upon him): “ There will come a day where a Muslim holding fast to his deen (religion) is like he who is gripping a hot coal” (Al-Tirmidhi, sahih). When a Muslim is faced with such a situation, he should hold fast to the teachings of the Qur’an, keep himself within a good Muslim community, and strive his best to implement Islam, asking Allah’s forgiveness for things he could not implement. Allah, the Merciful, has stated that (interpretation of the meaning): “Allah does not require from a soul more than what it can bear”. When the situation becomes too difficult and overbearing, a Muslim enters in a state of “adversity” or “necessity” (al-dharoorah) where unlawful things (almahdhooraat) become permissible. This is a great rule in Islam which reflects its mercy and appreciation to its followers. However, this issue is very sensitive as many Muslims, out of their ignorance, mistreat this rule. For example they neglect the corollary which says: “The state of necessity should be dealt with in proportion to its measure.” Therefore it is very important to mention the constraints and conditions under which the rule of necessity is applicable. Some of these are: 382

Transactions - Part 6

· That the level of harm associated with the unlawful action be less than that caused by the state of dharoorah. · That the permissible degree or amount of the unlawful action he is allowed to commit be just enough to get him out of the state of dharoorah. · That there is no other alternative in facing the state of dharoorah other than committing the unlawful act. · That the duration of the concession be restricted to the duration of its cause. · That the dharoorah is actually existing and not only anticipated or expected. · When someone is faced by dharoorah and all its conditions and constraints are observed then the unlawful thing becomes lawful to him. Here are few practical examples to illustrate the above: · It is permissible for the Muslim to eat from the dead animal if he finds nothing halaal to eat, and he will die if he doesn’t eat · It is permissible for a Muslim to utter the words of kufr (disbelief) when he is under a painful torturing that he cannot bear. · It is permissible to deposit the money at the banks to save them from being lost or stolen, although that is considered to be helping the banks in their haraam interest transactions. · It is permissible to enroll in car insurance (considering that most of the forms of car insurance are not acceptable in Islam) if he is in bad need to have a car and he is not allowed to drive one without insurance.

383

Jurisprudence and Islamic Rulings

· It is permissible to complain to the “civil courts” (although they may not be implementing the Islamic law) to obtain one’s rights if they is no other means to do so, provided one has the sound belief that there is no judgment except that of Allah. Since the question inquires about transactions in particular, it is worth noting the following: · It is never permissible to ask for riba nor to accept it under any circumstances. Such unlawful action is not permissible under any need. · Minimizing the risk, or having more convenience are not valid excuses to enter into unlawful contracts, like those involving riba. · Improving the income or promoting the profits are also not valid excuses to adopt unlawful ways of earning. Let’s remember that a little blessed halaal earning is better than many folds of haraam earning. Finally we have to say that it is the duty of Muslims everywhere to strive to find lawful alternatives to alleviate the state of dharoorah and save themselves from the need to adopt unlawful ways. We ask Allah to give us of His bounties what keeps us sufficed and satisfied, and not to make us in need of anyone other than Him. Ameen. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)

384

Transactions - Part 6

385

Jurisprudence and Islamic Rulings

386

Transactions - Part 6

387

Jurisprudence and Islamic Rulings

388