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Do Islamic Schools Have Their Priorities Straight?

July 19, 2016 Leave a comment

بسم الله الرحمن الرحيم

السلام عليكم و رحمة الله و بركاته

If we look at the majority of issues that Islamic Schools are focusing on or that parents are concerned about, it usually revolves around specific fiqh issues such halal meat, moon sighting, 20 vs 8 rakah and other issues. It is an art to manage the complexities of teaching Islamic Studies while appeasing to the various stakeholders: parents, teachers, belonging to diverse backgrounds in terms of sects, fiqh madhab/positions, liberal/orthodox etc.

To me, it seems like symptoms of a larger issue: the lack of leadership in the Muslim Ummah. If we reflect on the hadith where Rasoolullah (saw) instructed three people who are travelling together to appoint one as an ameer/leader, we see that even such a simple task as travelling requires somebody at the help to dissolve disputes, confusions as they occur. What about the affairs of the Muslims? The sahabas had delayed the funeral of Prophet Muhammad by 3 days just to resolve that issue.

The ummah is in such a state of decline and weakness that we amplify smaller issues and keep quarrelling endlessly on zabihah meat while muslims all over the world are being slaughtered. What about issues like – are we allowed to vote and give somebody authorization on our behalf to legislate laws when Allah has said that Allah is the sole law-giver? What about the issue of paying taxes to a government that actively wages wars against muslims or hijra which is rarely discussed? Why aren’t certain issues that the Quran and ahadith focused on, such as striving in the path of Allah or Al-Walaa wal Baraa, removed from the curriculums or meanings distorted? Don’t we read the ayat condemning the scholars of the past who took part of the book and discarded part of the book?

Yes, it is not easy covering certain topics living in the west, or most other places; but we fail to realize that the threat in the akhira is far greater than the difficulties faced in this duniya for sticking to the truth. We can reflect on a similar situation in our history when the issue of creation of Quran was enforced by those in power and a lot of the ulema gave in although they disagreed with the position. Imam Ibn Hanbal criticized such scholars and told them that if the ulema use the excuse of being compelled, then the truth would be lost. Islamic teachers and schools also share that responsibility to find ways that all aspects of our deen are imparted and not just those that we deem to be politically correct as Allah is the ultimate judge of what is right and wrong.

It is also true that the environment we live in impacts us. Inadvertently, we start embodying values of the larger society we live in without realizing it or questioning the validity of that value with respect to Islam – such as diversity in terms of respecting and recognizing everybody’s right to their opinions, beliefs etc. even if it is in conflict with Islam. For instance, in issues where we know that it is clearly incorrect or unacceptable in Islam, we should have the moral courage to communicate that as an Islamic School or teacher – be it issue of Shia student’s parent’s wanting shia perspective taught or a teacher or student not wearing hijab outside the school. In issues where there is acceptable ijtihad, then ofcourse tolerance and acceptance to the differences should be encouraged.

 

A Woman’s Road to Modesty: Hijab and Niqab

August 28, 2013 Leave a comment

Allah Ta’ala says: “And tell the believing women to lower their gaze and guard their private parts from sin and not show of their adornment except only that which is apparent, and draw their headcovers over their necks and bosoms and not reveal their adornment except to their husbands, their fathers, their husbands’ fathers, their sons, their husbands’ sons, their brothers, or their brothers’ sons, or their sisters’ sons, or their women (i.e., their sisters in Islam), or their female slaves whom their right hands possess, or old male servants free of physical desires, or small children who have no sense of women’s nakedness. And let them not stamp their feet so as to reveal what they hide of their adornment. And turn unto Allah altogether, O you Believers, in order that you may attain success.[An-Nur, 24:31]

URL: http://able2know.org/topic/158459-7

Hijab In The Al-Quran And Sunnah

The Requirements of Women’s Hijab in Accordance with the Qur’an, the Authentic Sunnah and the Practice of the Pious Predecessors.

Introduction:

This essay will attempt to briefly yet concisely enumerate the basic requirements regarding Muslim women’s dress (Hijab) as stipulated by the Shari’ah (Divine Law) of Islam. The term Hijab, includes not only dress and covering the body, but methods of behavior before members of the same and/or opposite sex, promoting privacy for females and prohibiting loose intermingling between males and females, and thereby encouraging modesty, decency, chastity and above all, respect and worship of Allah.

Minor differences exist among the scholars regarding the actual number of the requirements because of varying methods used by them in codifying. The ones mentioned here represent the ones agreed upon by the overwhelming majority of scholars and are all solidly backed by firm evidence taken from the Qur’an, the Sunnah and the practice of the Sahabah (the Companions).

The First Requirement: The Extent of Covering

The dress worn in public must cover the entire body except what has been specifically excluded, based upon the following proofs:

Allah Ta’ala says: “And tell the believing women to lower their gaze and guard their private parts from sin and not show of their adornment except only that which is apparent, and draw their headcovers over their necks and bosoms and not reveal their adornment except to their husbands, their fathers, their husbands’ fathers, their sons, their husbands’ sons, their brothers, or their brothers’ sons, or their sisters’ sons, or their women (i.e., their sisters in Islam), or their female slaves whom their right hands possess, or old male servants free of physical desires, or small children who have no sense of women’s nakedness. And let them not stamp their feet so as to reveal what they hide of their adornment. And turn unto Allah altogether, O you Believers, in order that you may attain success.[An-Nur, 24:31]

The word zeenah in the aayah above, literally means “adornment”, and includes both (a) that which Allah has adorned, i.e., the woman’s natural and/or physical beauty, and (b) that with which they adorn themselves, i.e., jewelry, eye shadow, attractive clothing, hand dye, etc. Soorat An-Nur spells out specifically the commands concerning the fact that a woman’s natural beauty and her adornments are to be concealed from strangers except by (1) What may show due to accidental or uncontrollable factors such as the blowing of the wind, etc., and (2) What has been exempted (see explanation at end of this section). Allah also says:

O Prophet, Tell your wives and your daughters and the women of the believers to draw their outer garments about themselves (when they go out). That is better so that they may be recognised and not molested. And Allah is Forgiving, Merciful. [Al-Ahzaab, 33:59]

Abu Dawood narrates that `Aishah (RAA) said: “Asmaa’ the daughter of Abu Bakr (RAA) came to see the Messenger of Allah (SAAWS) wearing a thin dress; so Allah’s Messenger (SAAWS) turned away from her and said: O Asmaa’, once a woman reaches the age of menstruation, no part of her body should be seen but this-and he pointed to his face and hands.

The word khumur (pl. of khimar) refers to a cloth which covers the head (including the ears), hair, neck and bosom. The esteemed mufaasir (Quranic interpreter) Al-Qurtubi explains: “Women in the past used to cover their heads with the khimar, throwing its ends over their backs. This left the neck and the upper part of the chest bare, in the manner of the Christians. Then Allah commanded them to cover those parts with the khimar.”

Allah states further in this aayah:

…And let them not stamp their feet so as to reveal what they hide of their adornments The women in the time of the Prophet (SAAWS) wore anklets which could be employed to attract attention by stamping their feet, thereby making the anklets tinkle. This practice is not only forbidden by Allah, but moreover, shows that the legs and ankles are to be covered as well. Some of the modern day Hanafi scholars are of the mistaken view that a woman can display her feet, a portion of her forearms and her ears; yet there is NO authentic proof from the practice of the Prophet (SAAWS) or his Sahabah to uphold such a view.

Amongst the authentic hadeeths which clarify this point is the following: Ibn `Umar (RAA) reported that the Messenger of Allah (SAAWS) said: On the Day of Resurrection, Allah will not look at the man who trails his garment along out of pride. Umm Salamah then asked: What should women do with (the hems of) their garments? He replied: Let them lower them a handspan. She said: Their feet would be exposed! He then said: Let them lower them a forearm’s length but no more. [Reported by At-Tabarani-Sahih]

The aayah of Soorat An-Nur also lists in detail those with whom a woman is permitted to be more at ease. Furthermore, the ayah from Soorat Al-Ahzab orders Muslim women to draw their outer garments about themselves when they go out. Abu Dawood related that `Aishah (RAA) said: “After this Aayah was revealed the women of the Ansar appeared like crows.” (because of the color and shape of the cloaks they wore).

Hence, an outer garment or cloak must be worn by a Muslim woman whenever she goes out in public or if she is in the presence of strangers within her own home or the home of a close relative. Slight differences have arisen amongst the scholars concerning the precise meaning of …except only that which is apparent… from Soorah An-Nur which according to Ibn `Abaas (RAA), includes “the face, the two hands, and rings. This view is shared by Ibn `Umar, `Ata’a, and others from the Tabi’een.” [Tafseer Ibn Kathir]

Also, Imam Ash-Showkani states concerning this same ayaat, that it includes: “The dress, the face, and the two hands”; Ibn `Abaas and Qatadah have stated: “The adornments include eye shadow (i.e., Kuhul), bracelets, hand dye, and rings, and it is permissable for women to (uncover) them.” [Fateh Al-Qadeer]

The major point of difference among the scholars concerns the hadeeth of Asmaa’ (RAA) i.e., that the face and hands need not be covered; a number of the scholars have maintained that the face and hands must also be covered, because it was the practice of the wives of the Prophet (SAAWS) and the wives of the Sahabah to cover themselves completely according to authentic hadeeths. The above point has been a topic of debate amongst the scholars both past and present and will be dealt with, Insha’ Allah at the end of this essay.

The Second Requirement: Thickness

The garment should be thick and opaque so as not to display the skin color and form of the body beneath it. Delicate or transparent clothing does not constitute a proper covering. The Sahabah were very stern on this and regarded scanty clothing in public as an indicator of a woman’s lack of belief. Al-Qurtubi reports a narration from `Aishah (RAA) that some women from Banu Tamim came to see her wearing transparent clothing. `Aishah said to them: “If you are are believing women, these are not the clothes of believing women.” He also reports that a bride came to see her wearing a sheer, transparent khimaar, whereupon `Aishah (RAA) said: “A woman who wears such clothing does not believe in Soorat An-Nur.”

Moreover, the following hadeeth makes this point graphically clear. Allah’s Messenger (SAAWS) said: There will be in the last of my Ummah (nation of believers), scantily dressed women, the hair on the top of their heads like a camel’s hump. Curse them, for verily they are cursed. In another version he said: …scantily dressed women, who go astray and make others go astray; they will not enter Paradise nor smell its fragrance, although it can be smelled from afar. [At-Tabarani and Sahih Muslim] “Scantily dressed women” are those who wear clothing which reveals more than it conceals, thereby increasing her attractiveness while opening the path to a host of evils.

The Third Requirement: Looseness

The clothing must hang loosely enough and not be so tight-fitting as to show the shape and size of the woman’s body. The reason for wearing a garment which is wide and loose fitting is that the function of Muslim women’s clothing is to eliminate the lure and beauty of her body from the eye of the beholder. Skin-tight body suits, etc. may conceal the skin color, yet they display the size and shape of the limbs and body. The following hadeeth proves this point clearly: Usamah ibn Zaid said: Allah’s Messenger (SAAWS) gave me a gift of thick Coptic cloth he had recieved as a gift from Dahiah Al-Kalbi, and so I gave it to my wife. Thereafter the Prophet (SAAWS) asked me: Why didn’t you wear the Coptic cloth? I replied: I gave it to my wife. the Prophet (SAAWS) then said: Tell her to wear a thick gown under it (the Coptic garment) for I fear that it may describe the size of her limbs. [Narrated by Ahmad, Al-Bayhaqi, and Al-Haakim]

The Fourth Requirement: Color, Appearance and Demeanor

Allah ta’ala says:

“O wives of the Prophet! You are not like any other women; if you fear (Allah), then do not be too pleasent of speech, lest one in whose heart is a disease should feel desire (for you).” [Al-Ahzab, 33:32]

The reason for the revelation of this verse is not the fear of distrust nor misbehavior on the part of the women, but rather to prevent them from speaking invitingly, walking seductively, or dressing revealingly so as to arouse sexual desire in the heart of lecherous and evil men. Seductive dressing and enticing speech are the characteristics of ill-intentioned women, not Muslims. Al-Qurtubi mentions that Mujahid (RAA) said: “Women (before the advent of Islam) used to walk about (alluringly) among men.” Qatadah (RAA) said: “They used to walk in a sensuous and seductive manner.” Maqatil (RAA) said: “The women used to wear an untied cloth on their heads, while provocatively toying with their necklaces, earrings and other ornamental jewelry.” Furthermore, Allah has commanded women not to display their beauty, meaning both natural and acquired beauty. Allah commands the believing women thus:

…And do not make a display of yourselves like the displaying of the ignorance of long ago… [Al-Ahzaab, 33:33]

A garment which is intended to conceal a woman and her beauty from public view cannot be a thing which enhances her beauty. Therefore, the garment cannot contain bright colors, bold designs or shiny and reflective material that draw men’s attention to the wearer. The Arabic word above, At-Tabarruj, means not only “to display oneself” but also “to spruce up one’s charms for the purpose of exciting desire”.

Imam Adh-Dhahabi says in his book Kitab Al-Kaba’ir (The Book of Major Sins): “Amongst the deeds which a woman is cursed for are displaying the adornments she wears, wearing perfume when she goes out, and wearing colorful clothes…” Hence, the Muslim woman is encouraged to wear muted, somber colors and to avoid bright designs, patterns and colors.

This point should serve also as a reminder to Muslim men who are in positions of responsibility for their women, that Allah’s Messenger (SAAWS) has warned in an authentic hadeeth narrated by `Abdullah ibn `Amr ibn Al-`Aas that amongst the three individuals who would not enter Jennah (Paradise) would be:

Ad-Dayooth, who is contented with obscenity within his family. i.e., a cuckold-a man who permits the women for whom he is responsible, such as his wife, daughter, etc., to engage in illicit sexual relations or to display their beauty to men, thereby stimulating sexual desire.

The Fifth Requirement: Difference from Men’s Clothing

The clothing of a Muslim woman must not resemble the clothing of men. The following two hadeeth help to explain this. Abu Hurayrah (RAA) said: Allah’s Messenger (SAAWS) cursed the man who wears women’s clothes and the woman who wears men’s clothes. [Abu Dawood and Ibn Majah-Saheeh]

`Abdullah ibn `Umar (RAA) said he heard Allah’s Messenger (SAAWS) say: The man who resembles a woman and the woman who resembles a man is not of us (i.e., not of the believers). [Ahmad and At-Tabarani-Saheeh]

Additionally, Abu Dawood relates a narration from Umm Salamah (RAA) which shows that the Prophet (SAAWS) forbade women to bundle their Khumoor on their heads in such a way as to resemble the turban of a man. Western Muslim sisters should pay specific attention to this point since regretfully this has become a widespread practice amongst them.

The Sixth Requirement: Difference from the Clothing of Unbelievers

Her clothing must not resemble the clothing of unbelievers. This is a general ruling of the Shari’ah which encompasses not only dress but also such things as manners, customs, religious practices and festivities, transactions, etc. Indeed, dissimilarity with unbelievers is a precedent that was established by the first generation of Islam. The following two hadeeth and statement of `Umar (RAA) will help to clarify this position: `Abdullah ibn `Amr ibn Al-`Aas said: Allah’s Messenger (SAAWS) saw me wearing two saffron-colored garments, so he said: Indeed, these are the clothes of kuffar (unbelievers), so do not wear them. [Sahih Muslim]

`Abdullah ibn `Umar (RAA) said: Allah’s Messenger (SAAWS) stated: Whoever resembles a people is one of them. [Abu Dawood] Abu Musa Al-Ash’ari (RAA) related that `Umar (RAA) told him: “…I shall not honor those whom Allah has dishonored, nor esteem those He has humbled, nor bring close those whom He has kept afar.” [Ahmad]

The Seventh Requirement: No Vain or Ostentatious Dressing

The woman’s dress must not be an expression of ostentation, vanity or as a status symbol by being excessively showy or expensive, nor must it be excessively tattered so as to gain admiration and fame for being humble. Ibn `Umar (RAA) reported that Allah’s Messenger (SAAWS) said: Whoever dresses for ostentation in this world, Allah will dress that person in a dress of humiliation on the Day of Resurrection, and then set it on fire. [Abu Dawood]

The Niqab (Face Veil: Between Mustahab (Recommendable) and Wajib (Mandatory) The esteemed Quranic commentators At-Tabari, Al-Qurtubi, Ash-Shanqeeti and others have elaborated on the form of Hijab or Jilbab i.e., “outer garments” as viewed by the Companions of the Prophet (SAAWS), as well as the circumstances surrounding the revelation of Soorah Al-Ahzab, 33:59 quoted at the beginning of this essay.

They state that when the believing women used to go out at night (wearing ordinary clothes) to answer the call of nature, some hypocrites tried to annoy them, thinking the women were slavegirls. The women thereby would scream out loudly causing these hypocrites to flee. Thereupon Allah (AWJ) revealed this Ayaat. Al-Qurtubi states that the Jilbab is “a cloth which covers the entire body…Ibn `Abaas and `Ubaidah As-Salmani have said that it is to be fully wrapped around the women’s body, so that nothing appears but one eye with which she can see.” The Tabi’ee, Qatadah (RAA), stated that the Jilbab should be wrapped and fixed from above the forehead and made to cover the nose, (although the eyes are to show) and the chest and most of the face are to be covered.

Furthermore, it has been authentically related in Sahih Al-Bukhari, the Muwatta of Imam Malik and the Sunan of Abu Dawood that the Prophet (SAAWS) forbade women from covering their faces and hands during their perfomance of Salat, or while in a state of Ihram. This indicates clearly that wearing the face veil (Niqab or Burqa’a) was a common practice during the time of the Messenger of Allah (SAAWS), and not as some people claim, a cultural practice that appeared years later.

Among the proofs used by the scholars regarding the face veil are the following: `Aishah (RAA) said: “May Allah bestow His Mercy on the first Muhajirat (emigrants). When Allah revealed:…and draw their headcovers over their necks and bosoms… they tore their (material) and covered themselves with it.” [Al-Bukhari]

Ibn Hajar Al-Asqalani, known as “Amir Al-Mu’mineen in Hadeeth” has explained that “covered themselves” means: “covered their faces.” [Fateh Al-Bari]. Additionally, after the battle of Khaybar, the Prophet (SAAWS) married Safiyah bint Huyai. The Muslims said amongst themselves, “Will she (Safiyah) be one of the Mothers of the Believers (i.e., wives of the Prophet) or just what his right hand possesses (i.e., slavegirl). Some of them said: If he (SAAWS) makes her observe Hijab, then she will be one of the Mothers of the Believers, and if he does not make her observe Hijab, then she will be what his right hand possesses. So when he departed (for Medina), he made a place for her behind him (on his camel) and made her observe Hijab” [Al-Bukhari]

The issue of the Niqab has continued to arouse extended controversy and debate between `Ulama (scholars) and Fuqaha (jurists) both past and present concerning whether it is Wajib (mandatory) or Mustahab (favored by Allah) (SWT) for the woman. And whether she subsequently falls into sin by exposing her face or not. Each of the two sides clings to their own opinions which they support with evidences from the Quranic ayaat, the Prophetic hadeeths and the practice of the Sahabah and their views.

One of the views on this is that the Niqab is legally binding on the woman-she who abandons it is a sinner. It says that the woman’s face which she is ordered not to reveal to non-relatives is definitely part of the `Auwrah. The other view says that the Niqab is simply recommended and encourages the woman to cover her face; however, it does not place it on the level of mandatory. Consequently, this opinion does not consider the woman falling into sin when she exposes and unveils her face as long as in doing so, she has not applied facial makeup.

The dispute continues between the two viewpoints and takes, on certain occasions, bitter aspects. The advocates for making the face veil mandatory accuses the other group of following their own desires. While the other group accuses their opponents with being obstinate fanatics. The matter is much broader than this and does not require accusations of obstinance or of following the desires but rather requires reaching Ijtihad (judgement based on the Shari’ah) and following Dalil (proof from the Shari’ah) to the best of one’s ability.

To give the benefit of the doubt in such a situation is better and most befitting for the Muslim, limiting the points of difference and narrowing the gap of disagreement are two factors which are sought after. I do not want in this rush to take a side with one group over the other; nor to validate the proofs of which I see the truth in this issue. Rather the aim is, as I said, to narrow the controversy and to highlight the points agreed upon. Thereby, we may adopt them and work on spreading them. As for the point of disagreement-it will remain under the category of Ijtihad whose advocate will be rewarded whether he attains truth or was mistaken.

First: Since the two views agree upon the legitimacy of the Niqab, that it is a consumate perfection for a woman and more virtuous for her, as well as closer to the aims of the Shari’ah-which is to prevent Fitnah, and is an obstruction to excuses as well as severing the path of those who follow their lusts, it is therefore more appropiate, that the efforts should be directed to encourage wearing the Niqab, and to motivate people towards it. And to show and explain it’s virtues and merits. This implies that covering the face with the Niqab should be the general rule and uncovering the face the exception.

Second: In spite of the fact that there are differing views on the Islamic ruling regarding whether the Niqab is obligatory or recommended, it is undoubtably one’s duty to unify the call for it and cooperate as much as possible in urging young women about its necessity and to limit their desire to expose their faces as much as possible. Indeed, it is merely gracious according to both parties. Not as is happening now between opposing sides which is to leave the matter loose and dangling, through the claim that the Niqab is only Mustahab, and being aloof from spreading the call for it. This is indeed an inversion of the truth and poor judgement in the matter.

Hence, my fellow Muslims, when you are asked: what is the form of the Hijab according to the Shari’ah, especially from a woman who loves the Deen?, you should urge and encourage her to wear the Niqab-even if you are of the opinion that it is only Mustahab.

Lastly: We truly hope from Allah (SWT) for the day when all believing women rush to cover their faces with full contentment of their souls and desire for their deen is the strongest of desires. This is a hope which, without any doubt, is shared with me by those who are of the opinion of it being Mustahab and those who are of the opinion of it being Wajib.

I pray that Allah (AWJ) guide us along the Straight Path, and protect us from deviation after having guidance. And may Allah bless the Leader of His Messengers, Muhammad (SAAWS), his family and his companions, and all who follow in their footsteps until the Final Hour, Ameen.

Islamic World.net
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URL: http://able2know.org/topic/158459-7

Halaal Meat By Imran Ayub

December 16, 2011 Leave a comment

Halaal Meat
By Imran Ayub
Alhamdulilah. Indeed, all praise is due to Allaah. We praise Him and seek His help and forgiveness. We seek refuge in Allaah from our souls’ evil and our wrong doings. He whom Allaah guides, no one can misguide; and he whom He misguides, no one can guide. I bear witness that there is no (true) God except Allaah – alone without a partner, and I bear witness that Muhammad (peace be upon him) is His ‘Abd (servant) and messenger
Case study of McDonalds in UK: Is it Halaal?
Question 1: What are the Islamic guidelines in terms of Slaughter?
Answer:
i. The Animal should be slaughtered Using a sharp object and in the name of Allaah
Narrated Rafi bin Khadij (May Allaah be pleased with him): The Prophet (peace be upon him) said, “If the killing tool causes blood to gush out and if Allah’s Name is mentioned, eat (of the slaughterer animal). But do not slaughter with a tooth or a nail. I am telling you why: A tooth is a bone, and the nail is the knife of Ethiopians.”[1]
Ibn ‘Abbaas (may Allaah be pleased with him) said: “(Correct) slaughtering is applied to the throat and windpipe.”[2]
ii. The Food needs to be from a Muslim, Jew or Christian only.
Allaah, the Most High, says: “Made lawful to you this day are At­Tayyibât [all kinds of Halâl (lawful) foods, which Allâh has made lawful (meat of slaughtered eatable animals, etc., milk products, fats, vegetables and fruits, etc.). The food (slaughtered cattle, eatable animals, etc.) of the people of the Scripture (Jews and Christians) is lawful to you and yours is lawful to them.”[3] Read more…

Categories: Fiqh Tags: , , ,

Lunar Eclipse Today – Don’t miss out the barakah of Eclipse Prayer

December 10, 2011 Leave a comment

Assalam Alikum.

Just wanted to remind my brothers and sisters today of an eclipse prayer that will take place toady. http://en.wikipedia.org/wiki/December_2011_lunar_eclipse

In India and Saudi, the ecliplse and eclipse prayer is expected after Maghrib.

Please see this excerpt from Islam Q&A:

There will be an eclipse of the moon and sun in the UK, Europe and most of the middle east and asia on 11 August 1999.
What dua should be read when this happens and if we look at it.
Please answer this as soon as possible as it is a rare occurance, and one that many people will find useful when looking at it.

Praise be to Allaah.

Allaah says (interpretation of the meaning):
“It is He Who made the sun a shining thing and the moon as a light and measured out for it stages that you might know the number of years and the reckoning. Allaah did not create this but in truth. He explains the Ayaat in detail for people who have knowledge.” [Yoonus 10:5]
Read more…

Categories: Fiqh Tags: ,

Riba: The Forbidden Fruit

August 17, 2011 Leave a comment


Allah Almighty has decreed in the Quran that
“…Those who consume interest cannot stand [on the Day of Resurrection] except as one stands who is being beaten by Satan into insanity. That is because they say, “Trade is [just] like interest.” But Allah has permitted trade and has forbidden interest…” [Quran 2:275]

There are numerous ayat and ahadith in the Quran that prohibit Riba or Interest. In this short essay, we will attempt to look at the difference between the trade which Allah has allowed and Riba which The Almighty All Wise has forbidden.
Trade generally refers to the buying and selling of goods, services, houses, other necessities and luxuries that are needed for people. Trade is the fuel of the economy and means of livelihood that Allah Azzawajal has provided.
Riba on the other hand refers (linguistically) to illegal gains or increase in particular things. This can be consumed through conditional excess for delay of payments (ribah nisiah) or through selling of an item for another of the same type, on the spot, but in excess (ribah –fadl).

One may wonder that banks have become common place in today’s economy, virtually across the globe and they essentially survive based on riba. Is it really that bad? Some of the reasons riba is banned are that it leads to many social evils such as consuming people’s wealth unjustly, making money without producing anything, causing harm to the needy by placing extra burden, preventing good loans ( w/out interest), stopping gains, trades, profession and other business ventures where money could have been diverted towards instead of talking the “easy route” and making money out of nothing “risk free”.

On the other hand legal trade facilitates fulfilling the material need of the buyer and increasing the buying power of the seller. It helps both parties. In Riba transaction, the risk is borne by only one party (the lendee) and the one giving the loan pockets all the gains. In trade, the risk of profit/loss is shared by both parties, making it more just. Riba transactions promote “production-less” economies, where nothing physical is produced out of the transaction. Trade based transactions on the other hand promote the creation of goods, services and jobs, thereby becoming a source of livelihood and a vehicle for the rotation of capital across many players in the society. On the contrary, riba promotes the unfair accumulation of wealth in the hands of the elite few

Furthermore, Allah has stated that:

“Allah destroys interest and gives increase for charities. And Allah does not like every sinning disbeliever.” [Quran: 2:276]

This ayah indicates that Allah azzawajal strips the barakah out of riba transactions and condemns those who continue this evil practice as “sinning disbelievers.” There are many more ayaths and hadith indicating the severe punishment in the Akhira for those who practice this evil societal act.
Now let us look at some of the actual transactions to help us identify what exactly are Riba based transactions and what constitutes legal trade. There are essentially two types of Riba. The first is Riba Nisai which constitutes increasing the debt on an insolvent person. This includes charging a fixed interest rate or charging late fees for delay in repayments. The second type is Riba Fadl which constitutes selling an item for another of the same type but in excess. Prophet Muhammad (PBUH) stated that

“Gold is to paid for gold, silver for silver, wheat for wheat, barley for barley, dates for dates and salt for salt, like for like and equal for equal, and payment is to be made hand to hand.” (Ahmad and Muslim)

In other words, if you are exchanging an item for another of the same type or class or quality, then the exchange has to take place for equal amounts and payment should be made on the spot. This should be taken into consideration during purchase of gold, exchange of like currencies etc.

Another form of forbidden transactions is Inah, in which a person buys an item and sells it back to original seller at a deferred higher price. This is considered indirect riba and is forbidden. For instance, Ahmed buys a car from Abu Umar for $20,000. Abu Umar immediately sells it back to Ahmed for $25,000, in installments over 5 years. This transaction is clearly a interest based loan, trying to use the car as a loophole. Prophet Muhammad has stated that:

“Indeed actions are based on intentions…” (Bukhari & Muslim)

All transactions that don’t involve Riba or Gharar (gambling) or cheating are normally allowed.
Allah The All Wise The All Mighty has legislated the sharia for our wellbeing and our Creator knows what is best for us. He has stated that the characteristic of the believer is that “…we hear and we obey”. Additionally, only a snapshot has been provided in this essay on the evil springing from this filthy practice of riba and the blessings of the halal alternative to create prosperity and livelihood while fulfilling our needs: trade. In closing, I end with this command from Allah Azzawajal:

“O you who have believed, fear Allah and give up what remains of interest, if you should be believers. And if you do not, then be informed of a war from Allah and His Messenger. But if you repent, you may have your princplal – you do no wrong, nor are you wronged.” [Quran 2:278-279]

Categories: Fiqh, Money Tags: , , , ,

Q&A Financial Transactions Part 3: Stock Market, Copyright, Bonds/Sukuk

July 12, 2011 2 comments

These notes are taken from lecture by Islamic Online University Professer, Dr. Anwar Al Madani.

http://www.IslamicOnlineUniversity.com/
Email: info@islamiconlineuniversity.com
(Change the nation through education/Access Ilm Online)

Stock Market/Selling Buying of Shares:

Is it Ok to invest/deal in conventional and commercial stock market?
Answer:- While there is no prohibition Islamically related to any kind of halal investment in halal companies ,where there is some expected return as profits.After all we all try to make money out of money,it is all that simple.You have to have money in order to survive in this dunya .So there is nothing wrong with that .But what about this system of stock exchange and the likes?
When you invest in a company you expect to gain profit,at the same time ,you are prepared to bear the risk of losses as well.However the problem with the stock exchange is that the shares that we buy ,most of the time the value of these shares does not reflect the actual worth of the company and how well it is doing in real terms ,but it is dependent on speculation ,thus becoming a form of gambling.Now ,we all know that the stocks go down by just an incident that has happened (natural calamity etc.) or even by word of mouth .One starts to wonder ,that how come something worth $1000 /kg is now being sold for mere $10!!
Reason:-In stock exchange ,this is not the real price ,neither it is the real exchange of items taking place from hand to hand.It is speculation which can make a gain and loss within a day and night.No wonder, even so many of the non-Muslims have called openly more than once ,after deep recessions which have taken place many times ,not only the one which happened few years back but many recessions in which people have lost millions of dollars.Real examples of people having billions of dinars ,due to stock market crashes now they have almost nothing left.It is unbelievable because we know that in real terms ,and with real money ,this usually does not happen.Now we are not saying that people might have not bought the shares,he may have bought ,and then due to speculation ,it rose to a high price,and then after recession the value got reduced to very low ,where this fake money was in existence ,which is basically what the stock exchange is all about.So this is all gambling.
So the Islamic laws governing economics are designed to ensure that all contracting parties know with certainty and the factors involved in the deal and the outcome of it.Not that we do not know what the real price may be,any simple speculation and the price may go rocket high and vice versa.That is why there is a lot of issue with stock exchange .
According to the council of Fiqh ,the head office of which is in Saudia Arabia,the verdict given as regards stock exchange is as follows.After studying about stock exchange ,and knowing the details about the way they operate,the people dealing in it have come out with certain suggestions .

 Positives:-As far as the positive side is concerned ,this market is always open,where the buys and sellers can meet and buy continuously.Sales like credit /debit /cash sales,also selling of shares ,bonds ,merchandise etc.
 Very easy way through which people can finance other companies.
 Productions can be financed and commercial arrears/areas?? /governmental sides also
 Among those venues where it becomes easy to sell,due to the open timings unlike normal office timings
 Prices of commodities /shares/bonds,although they may be speculative.

 Negatives:-Based on speculation ,not real prices ,because the real exchange does not take place ,and we know Islamically ,a buyer has to actually receive the good at the time of payment.
 The seller in most of the cases is selling what he does not even own in many cases.He first sells then he goes and buys that item later for the buyer.Sometimes they sell shares/bonds which they do not own,and they show that they are owners ,then they speculate and sell them at a higher price or something similar to them.So once they are successful in selling the share,they may go in the market and try to find it ,and then transfer it to the buyer.Some times it may change hands from one hand to another hand continuously maybe two/three times ,such that there may be actually six/seven people between the real seller and the real buyer.
 The major share holders in a particular merchandise /company play a game of monopoly and freeze the assets,and not only that but also shares and bonds are also frozen for them to benefit from that in a bigger way.

There are many ways to know that these stock exchanges are very dangerous and unacceptable such as
Reasons:-
I. There are certain people who control it for their own benefit ,and they will never regret killing anyone who comes in front of them to buy or sell.
II. Also they may speculate all the lies around the market in order to have favour for themselves. For example the major shareholders all of a sudden put lots of shares in the market ,due to which the price of shares goes down ,because no one can buy so many shares in a such a short time.So the value of the share goes down say from $10,000 to $1000 .So the small share holders/business men may fear that they may lose their share money ,so they end up selling their shares in the market quickly to get away from it.Once they also sell their shares ,along with the major share holders who have already sold their shares ,the number of shares will increase further in the market,so now price of the shares will go down further.At this point ,the big share holders will come and buy those shares again ,and once they start to buy these shares , then as the demand increases the prices will go up again,maybe higher than what it was in the beginning .So this is the way they manipulate and make money.
III. Due to the above mentioned difficulties ,many people called for the closure of this system,and we know that if a system is built on un-islamic terms ,then definitely such issues will take place.

Solution:-Scholars of the Fiqh council ,after having studied the positives and negatives of this system have arrived at the following solutions.

 The main theme for the whole market of stock exchange is the continuous flow of buying and selling.Though it is good and beneficial,but those who benefit from it by buying and selling and cheating others, so it is kind of gamble due to the ambiguity in it.
 When buying and selling takes place Islamically,a person has to receive the item what he buys.The prophet said”Do not sell what you do not own”,whereas here in the stock market ,they sell what they do not own.
 Also the contracts which they sign,deferred payments,Riba based loans all is haram.
 Many people lose their wealth within a day or night ,due to this ambiguity and speculation ,so haram.
 Allah states in the Quran”There is only one true path,which is the straight path ,and that is the path of the Quran and the Sunnah.so do not follow the path of the Satan”
 So stock exchange is totally haram.

Copyright Issues

We know we have got so many copyright issues today. Previously it was only for books(Islamic and Non-Islamic) ,but now it involves computer software programs ,DVDs,Islamic programs etc.All these are copyright protected.So how should we deal with such issues,when we know that many of us have softwares which we use in the computer ,these softwares are all copyrighted but we get the copy of that software without the original .The Mashaikh have been asked about it,because some of these are so expensive that one has to pay at times thousands of dollars to get that software.Now after one year ,you change your computer, then you will have to buy another program for that.So this scenario never finishes ,and so there is a big issue about it.So let us see what the scholars have to say bout it.Naturally,when it comes to copy right issues ,the scholars have differed in their opinions ,between yes and no.If YES ,upto what extent and similarly in the case of NO.As some scholars say that it is a big NO.no copying is allowe ,while others have allowed ,saying that there is no copyright.Then there are some who have moderate views between the two.Let us see some of the views and their reasoning why they have adopted that view and what we can do about that.
Question was asked from The Permanent Committee for Islamic Research and Fataawa in Saudia Arabia al-Lajnah ad-Daa’imah

Question:-I work in the computer department and one of the things which I do is that I copy the softwares ,so that I can work,and I do these without even buying the original program ,meaning that it is pirated copy which I use,while I know that there is a copy right warning on the software which disallows us to copy the original software.So there is a copyright law which I should not be violating.The program may belong to a Muslim or Non-Muslim.Am I allowed to copy it or use it?

Answer:-You are not allowed to copy programs belonging to others to use it ,without their prior permission .The Prophet said

“The Muslims are according to their conditions”.Now the condition here has been made by the owner of the program that you cannot use the program /software without his prior permission.

“You are not allowed to use the wealth /assets of anybody without they agreeing you to let you use”

From these and a number of other hadith ,we conclude that the original owner of the program may have spent a lot of money ,work and input on that program,so who are we to violate their law,and take pirated copies and use it.Thats why the scholars have said that regardless of whether that software belongs to a Muslim or a Non-Muslim(not in war against the Muslims),we are not allowed to make copies of their copies without their permission, or we should buy the original ones.While we do know that with the high price of these softwares,its not easy.But this is the view of the scholars ,and we also know that all these softwares are now available to be downloaded from the internet ,after a certain payment.

Sh.Uthaymeen gave a more detailed version of this issue ,when he was asked about this issue of copyrights associated with computer programs /softwares ,when the companies issuing the software do not allow the copying of their softwares without buying the original,and the Sheikh was told that these companies play monopoly by keeping the price of these softwares extremely high,and if they are copied ,they would then be sold at a cheaper price.The program could be any like a Quran or a hadeeth related program.Sheikh replied that every country has its own law.So if the Govt. is prohibiting to make pirated copies,then one is not allowed to copy any such program.But if no such law exists in the country ,then by copying a particular program ,you will not be sinful.As far as the copy right from the company is concerned and no restriction is from the Govt. ,then if you are copying it for your own personal use and not for making business /selling to others .then in that case it is OK.But if one is making pirated copies for making business and selling to others ,it will harm others ,i.e the original sellers and it should not be done.
Also when he was asked
“Am I allowed to buy a particular pirated software for 50 Riyals ,when the original is for 100 Riyals ?

Answer:-No,You should not do that without the prior permission of the original owner ,or else buy the original software.

So the Shiekh has allowed the copying of the software for personal use ,but not allowed for business use ,as well as not allowed to buy/sell it,if it is a copy and not the original.But if did not know that the software that you bought was a copy ,and not the original,then it is ok.

Sh. Jibreen,another great eminent scholar,when he was asked a question

Question:-We copy cassettes containing Islamic lectures etc. and we distribute these further free of cost as gifts to other departments,general public,schools.The cassettes are copyright protected .So are we allowed to distribute these cassettes?

They are not allowed to put these cassettes under copyright protection,because it is meant to benefit the general public,and so should be copied and distributed .So it is ok.Now this is on something particular i.e the cassettes.Now,it may be of the time , when the Mashiakh would give lectures in mosques etc. and somebody would go and record it.Now these lectures are public ,and once delivered they become a public property,so if a person restricts such lectures to be recorded ,then there is an issue in it,because the Sheikh when he gave that lecture ,it was meant for the benefit of the people ,so that is why the ruling given by the Sheikh that it is allowed to copy such lectures and cassettes.,and one should not make that type of material copy righted.

Copying of Books/Cassettes
Sheikh Sulaiman ibn Nasir al-Ulwan, was asked about the copying of books/Cassettes and their distribution,he said that this is a new kind of Masala ,there are people who say that there is no right on it at all,some say that that is allowed to copy and distribute ,while some are in the middle ,then he says that
“The one who wants to copy a book/cassette ,in order to do business with it,and there is a copyright on it,then he should not do it.This is the Sahi/correct view ,because he is making money by making copies out of the original ,and that is haram.It is also very fair,beacuse a person may have spent years working on a particular book,investing his time and money , to get that book in the market,and after the publisher has spent so much of his money in publishing that book,and some money person comes and buys the book and makes millions of copies out of it,and then sells these at a much cheaper price in the market.This way ,at times the publisher may not even retrieve the original cost of publishing his book ,so this does not look good.

Scholars have differed.What about if that is something for the sake of Dawah,or in a place where it is difficult to get more copies of that book,material?

Scholars have ruled that under such circumstances it is ok.So from this we learn that we should keep in mind the rights of others ,so should try to buy the original ,esp. if it is fair in price,and not speculated price .Such as Islamic books which are usually sold at nominal price.Also there are places like in jungles ,where it is not possible at times to get so many original copies of Islamic books,so copyright law cannot be practised there.The priority here should be spreading of Islam,rather than saving few dollars due to copyright.So there are cases where exceptions have to be applied ,but in normal circumstances,the copyright laws have to be follwed.The prophet said
“You cannot be a perfect Momin,till you love for a fellow Muslim what you love for yourself.”

Ofcourse ,you do not like to cheated as well as not deprived of something that belongs to you unfairly.Something on which you have spent your time,money and energy ,be taken away from you by unlawful means ,this is not acceptable.So what one loves for oneself ,one should love for one’s brothers and sisters as well.Now there is nothing wrong in making money out of Islamic activities to sustain oneself ,provided we know that it is not our sole aim/purpose.Now if we say ,that those who write books ,they are not going to get anything of it ,one may wonder how many books will come in the market.The reason is that not every body can afford to write a book without incentive behind it.
We know that at times ,the writers can write only one page in days.So this is the reason of copyright and we should respect it

Sukuk

Arabic word ,a plural,singular is Sakk, commonly used for Islamic equivalent to bonds , financial certificates .However as opposed to conventional bonds ,which merely confer the ownership of debts,Sukuk grants the investor,a share of the asset ,along with the commensurate cash flows and also the risk of losing or gaining.

Types of Sukuk:

Investment Sukuk which includes sukuk of ownership of leased assets,ownership of Usufruct,ownerships of services,salam.While a conventional bond is a promise to repay a loan, Sukuk constitutes partial ownership in a debt (Sukuk Murabaha), asset (Sukuk Al Ijara), project (Sukuk Al Istisna), business (Sukuk Al Musharaka), or investment (Sukuk Al Istithmar).Also investment in share cropping ,irrigation and agriculture partnerships.

Investment Sukuk:-

Certificates of equal value ,representing undivided shares in ownership of tangible assets, Usufruct and services.Just like a big building worth millions of dollars where there are many many shares.Substitute of bonds ,but not speculative but real.Its is also a substitute of all other kinds of haram investments .

Types of Investment Sukook

• Certificates of ownership of leased assets
These are certificates of equal value ,issued either by the owner of a leased asset, or ,a tangible asset to be leased by promise,or, they are issued by a financial intermediary acting on behalf of the owner with the aim of selling the asset and recovering its value through subscription,so that the holders of the certificates become owners of the asset.

• Certificates of Ownership of Usufruct

The Usufruct meeting,such as leasing /renting a service which people use ,but the actual infrastructure/ asset stays there as it is without it being finishing.There are divided into two kinds

• Certificates of Equal Value Issued by the Owner of an Existing Asset,either on his own or through a financial intermediary ,with the aim of leasing the asset,and receiving the rental from the revenue of the subscription so that the Usufruct of the assets passes it to the ownership of the holders of the certificates.
• Certificates of Equal Value Issued by the Owner of the Usufruct of an Existing Asset,either on his own or through a financial intermediary ,with the aim of leasing the Usufruct,and receiving the rental from the revenue of the subscription so that the holders of certificates become the owners of the Usufruct of the asset.
There are so many other kinds.
So either a person holds a property in shared amount ,or he holds the benefit( Usufruct) of the property ,all of it or in shared amount .Such as a house or a big building which could be rented.

 Certificates of Ownerships of Services of a Specified Party
These are certificates of equal value issued for the purpose of providing services through a specified provider,such as educational benefits in a nominated university ,and obtaining the service charges in the form of subscription income ,so that the holders of the certificates become owners of the services.
Now there are people who are providing services for students to get educated in some place.So due to these services ,they sell the Sukook.So the owners i.e those who have invested ,they are partners in this service.Now they may have invested thousands of dollars (10 or 20,000) to set up everything and then they start to provide the services.Income comes through these services and part of this income will be divided among the owners of the Sukook,because they have provided the service.

 Certificates of Ownerships of Described Future Services

These are certificates of equal value issued for the purpose of providing future assistance/services such as educational benefits of a university without naming the educational instituition ,and obtaining the fee in the form of subscription income so that holders of the certificates become owners of the services.

 Certificates of Salam

Certificates of equal value issued for the purpose of mobilizing the Salam capital,so that the goods to be delivered on the basis of Salam,come to be owned by the holders of the certificate.Now we know that in the Salam transaction ,the payment comes first and the delivery come later,maybe one or two years after the payment.

 Istinsa Certificates

Certificates of equal value issued for the purpose of mobilizing the fund,to be employed for the production of goods so that the goods produced become to be owned by the certificate holders.The certificate is issued,the funds are collected and production takes place,whatever produce comes out,the holders of the certificates ,they are the legal owners of that product and they can do with it whatever they want.

 Morabaha Certificates

Certificates of equal value issued for the purpose of financing the purchase of goods through Morabaha so that the certificate holders become the owners of the Morabah commodity.The system of Morabaha is applied here ,and these people who have invested in there through their Sukook,will be the legal owners of this commodity.

 Share Cropping Certificates /Mozara’aa

Certificates of equal value issued for the purpose of using the funds mobilized through subscription for financng a project on the basis of Mozara’aa,so that the certificate holders become the owners of the share of the crop according to the terms of the agreement.Now these people are the owners of the Sukook,they invested in share cropping and then whatever was the produce of that ,they become shareholders in this .

 Musaqa’aa /Irrigation Certificates

Certificates of equal value issued for the purpose of using the funds mobilized through subscription for the irrigation of fuit bearing trees,spending on them and caring for them on the basis of Musaqa’aa contract, so that the certificate holders become the owners of the share of the crop according to the terms of the agreement.So they take care of the crops,invest their money in it,buy the Sukook and then they become share holders in that.

This is just part of the Sukook which is a big topic ,however the doors are still open.In 2007,it had reached 50 Billion until M. Taqi Usmani critisized it, terming some part of it to be Un-Islamic ,so it went down to 14 billion,but now it has risen up again to 500 Billion Riyals or Dollars???
But we know that it is one of the future upcoming franchise/system,where Muslims are benefitting in Middle East and in Asia, and in other places ,where the Muslims are in abundance,so they are using the system and buying Sukook e.g in Railway,road system,other mega investments where developments are taking place ,where one can go and buy Sukook,and then one shares in the profits.If there is any loss,you share in the loss as well..and you become part of the owners ,based on the contract made.

So Sukook can be bought for

a. services

b. future services

c.properties

d. benefit of the rent etc etc.

What Does Usufruct Mean?
A legal term describing a situation wherein a person or company has a temporary right to use and derive income from someone else’s property (provided that it isn’t damaged).
(http://www.investopedia.com/terms/u/usufruct.asp)

Usufruct originates from civil law, where it is a real right of limited duration on the property of another. The holder of an usufruct, known as the usufructuary, has the right to use and enjoy the property, as well as the right to receive profits from the fruits of the property. The English word usufruct derives from the Latin expression usus et fructus, meaning “use and enjoyment”, cognate to English “use and fruits”.
(http://en.wikipedia.org/wiki/Usufruct)

http://al-sukuk.com/Finance%20islamique/FIPROD/FIPROD_Sukuk.html


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Email: info@islamiconlineuniversity.com
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Categories: Fiqh, History Tags: , , ,

Q/A Regarding Transactions/Insurance/Working in Banks etc – PART 2

July 11, 2011 Leave a comment

Notes from Islamic Online University Fiqh Muamalat Lecture by Dr. Anwar Madhani.

Q1.If a bank announces that it is an Islamic bank and deals in Islamic way,is it enough for us to trust or should we verify it further?
Answer:-We should definitely verify ,because there are too many people around claiming too many things .We also know that it is not easy to verify for a layman,it may almost be impossible.We may have to go through the Ulema/Mashiakh/scholars to guide us and provide us with the necessary information.

Q2.To keep money in a commercial bank,is it allowed or not,with /without interest?
Answer:-When we keep money in the bank,we are promoting their system.Allah says that
“And support each other in acts of righteousness and piety,and do not support each other in activities which lead towards haram and acts of sinfulness.”
On this basis ,keeping money in commercial banks is discouraged.Involving in the system of Riba is definitely not acceptable ,and if you do gain something then it is to be donated and tauba to be done.While at the same time ,it is allowed to keep the money in the bank (due to the fear of it being stolen ,if kept at home)but try to keep it in some Islamic bank if it is around your locality.Allah knows best.

Q3. What about receiving our wages through these commercial banks dealing in interest?
Answer:-It is better to find an Islamic bank nearby to channel your wages ,but if not ,then it is allowed to receive wages through a commercial bank.These are your wages ,and you are the one who earned these and worked for these ,and it does not mean that if they are received through a commercial bank,then they become full of interest/victim of interest.

Q4.Offers/Promotions in one of the Saudi Banks.We have a bank which will basically buy anything for us we need ,be it furniture ,piece of land ,car etc.but the conditions are that one has to have a job.I am working somewhere where I am continuously paid for ,and also my wages have to come through this bank and not any other bank,for a period of five years or so,whenever the wages come,the bank will deduct a certain amount out of it,before giving the rest of the amount for me to use.The way they operate is as such
“I go to the bank and I tell them that I want to buy a car.They tell me to go to any company/showroom and choose whichever car you want.Then bring an official paper from that company/showroom ,proving that the car which you want to buy is there ,with the indication of the price.What the bank will do,it will issue a cheque to that company ,with a letter mentioning that the car may be handed over to the carrier of this cheque ,but in the end ,if the car is for example 100,000 Riyals,the bank will add 7% charges to be paid every year by the person buying the car.This is the amount the bank will charge for that service,and I will have to pay the amount in installments as deferred payemnts for the next 5 years.So bank charges 130,000 Riyals for a car which they paid 100,000 Riyals for.Same situation can be applied for purchase of land.Is this type of transaction allowed or not?
Answer:-This kind of dealing is not allowed ,it is haram.Infact it is a loan given to you and then charged more afterwards.AllahYou should keep away from it ,and the one who leaves something for Allah,Allah says
“And whoever fears Allah and put his affairs in His hands ,Allah opens doors for him,and Allah is going to sustain him from ways which he never may have thought.”
We all have our own issues ,expenses to bear ,regarding our sons ,daughters,wives etc etc .But if we go through the right/halal way,Allah will bless us and put barakah in it.

Q5.Question asked from Sh.Uthaymeen.Some of the companies ,they deal like this that if you need to buy something ,car ,etc.the bank will buy it for you,while it will increase on the amount that you will pay?
Answer:-Sheikh has made it very clear ,that it is a Heela(technique) which the bank uses,it just buys that car and put it on the paper,meaning not actually buying ,and then later selling it to you.There is a big Shubha(doubt) in it.So one should keep away from it,since it is a very dodgy kind of transaction.Basically ,what is happening here is that they are buying the good and then selling the good to person at the same time for more price.We have in cases of Inah which is haram,where a person buys a thing from someone on credit ,and then sells it back to the same person at a lesser amount.But Tabarruq is allowed,where you go and buy something ,and then sell the item in the open market for cash which is less,while you have bought it for installments.Basically that good/car belongs to you and you may do whatever with it.Also the condition that the“Property will stand in the name of the seller till the full payment is made.” as per Islamic transaction ,if one buys something ,one is the legal owner of that ,and may do anything with it.This is also haram.

Q6.A man came to me and said”Give me 23,000 Riyals and after one year I will give you a single cab Datsun car model 94(either the Question was asked 16 years back/brand new car or the model of the car is old)Is it allowed?
Answer:-It is allowed for you to give a person some amount of money and then that person gives you a commodity ,here in this case it is a promised car.According to the promise ,whatever he has described the car to be it meets that standard.This type of transaction is allowed and it is a form of Salam,where you pay in advance and receive the goods later. Salam is a sale whereby the seller undertakes to supply some specific goods to the buyer at a future date in exchange for an advanced price fully paid on the spot. Salam is beneficial to the seller, because he receives the price in advance, and it is beneficial to the buyer also, because normally, the price in Salam is usually lower than price in spot sales. The sahabas they came to the prophet (SAW)and said
“Ya RasoolAllah,we have difficulty sometimes when a tradesman will come and he will pay us a certain amount of price for some dates ,which we will sell for cheap price, meaning that normally if it came in the market they would sell it for say 5 or 10 Riyals/Kg,whereas if a trader came to them and paid for the dates one year in advance they would sell it for 4 Riyals/kg at a lesser price ”
Meaning that you need that cash but the trader ,may not be needing as much of the cash ,but the product end of the year ,and also at a cheaper price so he can make more money.So the trader is giving the money in advance for an item that he will receive later.This is allowed.

Q7.Buying of Foreign Currency(Dollars to Riyal) in the bank
Answer:-Allowed with the condition that it has to be exchanged there and then.The payment has to received before you go away.So you go to the bank, for example give them 30,000 Riyals and get 10,000 dollars in exchange there and then,after having completed all the paper work of the bank.In Saudia $10,000 is not a big thing ,there are road side money exchangers,but in other countries like New Zealand ,its notthateasy,one will have to request them earlier for such huge amount ,since mone y exchanging business is in shops ,behind the doors ,unlike in Saudia Arabia where the business is done on streets.But if you are not receiving cash in hand ,then it is not allowed .

Q8.What about receiving a cheque instead of cash?
Answer:-Sheikh Uthaymeen is saying that it is not allowed ,because it has the concept of Riban Nasi’ah(Riba due to delay in payment)because if you receive a cheque ,and you lose it somehow ,then you can go back and request for another cheque ,so Riban Nasi’ah becomes apparent in it.Though others may have different opinions ,but Allah knows best.

Riba Types
1. Riban Nasi’ah
Taken from the word Nasah which means to delay.Here it relates to delay in payment.This is further divided in two types.
• First case , where a person is not able to pay back the loan in time ,due to the difficulties faced by him,so you give him one more year to pay back the loan ,while increasing the amount of interest.This is exactly what used to happen in the days of Jahiliya/Ignorance,where people would lend out money and in case of non-payment in time would increase the interest .This is haram.
• It refers to selling the goods of the same type,but during buying and selling ,you delay the payment of one ,or both of them are delayed.such as selling gold for gold.You take the gold but the other person does not give you the gold,or both of you agreed but did not bring the gold,or even gold for silver or silver for gold.There are two categories,one is gold and silver ,second is dates wheat ,barley ,salt etc.

2. Riban Fadl

Selling of an item for another item of the same type but in excess.The extra which has to be paid in one of the two.If you are selling gold to gold,you cannot increase the amount .It has to be 50 gm-50 gm,however naturally if one is selling gold to silver,then the weight will differ .Same applies for wheat –wheat and barley –barley.1kg barley for 1 kg of barley.If Wheat –Barley then it will differ,but it has to be at the same time.
In different categories ,like from gold to wheat ,it may be tons of wheat for some weight in gold in kg.It is also allowed to delay the receiving in this case,like in (Baye-Salam)Salam transaction,or pay in installments(deferred payment(AlBaye Taqseet)

Q9.I have a farm and registered/certified with the Govt.to produce as a farmer.I produced very little amount of wheat,whereas my brother produced huge amount.I sold my part of my contract to my brother for say 10,0000 Riyals.Then my brother ,he took little bit of my wheat ,then he went to his wheat and produced lots of wheat under my name/certificate. Is it Ok to do that?

Answer:-Not allowed to take another person’s name.As you are registered for yourself yourself,while your brother is not registered under your name.You should be on your own and he on his own.One product cannot be sold under the name of another person’s product.

Example:-Nike shoes , maybe made in China ,but on it is written that it is a product of USA. It can technically mean,that it is made somewhere else ,but the design/money is coming from USA.The consumer ,however has no idea where is the product coming from?This is the way thepeople deceive.It may be made in Indonesia ,and written as product from UK,due to the business people being from UK.This is not correct
Unbreakable:-When they say an item is unbreakable ,and it breaks so its deceiving people.Titanic ship was being made,there was a technical mistake regarding the right amount of iron used ,the owners had given the guarantee that the ship was unsinkable ,but it hit the iceberg it broke ,and sank in its maiden journey.Allah showed them that there is no power above the power of Allah(SWT),we all know this but people tend to forget this .We as Muslims should be humble and bow down to Allah and seek his forgiveness.

Q10. Commercial Competitions ( Again a very old Question coming to the Mashaikhs of Saudia Arabia which shows that if this were the situation of the place at that time ,a place which is considered among the best of the Islamic countries,where Makkah and Madinah ,the two holy places are situated ,what will be the situation now? The place ,the memory of which we all cherish ,when you enter Alharam ,when you go there and pray behind the imam,his voice echoing through thousands of microphones,there is no other feeling better than that,when you bow down in prostration,and when you know these type of things happening there! ,its so difficult to digest ,but this is what is happening there. )

Q10.There are certain amount of competitions where people are encouraged to go and buy goods from people and they use it a s a competition .Names like Musa Baqa Asharookhi ??Musa Baqaa Rasha TIjaraya..
Answer:-Not allowed ,just like a lottery /gambling system prevalent in western countries like UK,USA,Canada etc.
Allah (SWT)says
“Oh..those who believe in Allah ,all these kinds of things ,gambling ,intoxicants ,throwing lots ,ways of Jahiliya, worshipping of idols, all this is part of what the Shaitaan is promoting and whispering ,and victimizing people through, keep away from them, maybe you will become among the winners.”

Example:-Some of the shop keepers they attract customers and give vouchers to buyers.On purchases, the names of the buyers are cast in the lottery ,and winners are given huge prizes.This is all ambiguity ,gambing ,generates hatred amongst people ,as the ones who win they rejoice ,while those who lose develop enmity towards them ,and can lead to fights and at times even murders due to this rivalry.So it is Haram.

However ,having said that ,it is allowed to attract customers ,through deals and discounts (30%,50% etc.) .As in this way ,every customer who walks in your shop, will have the same opportunity with the same benefit.This is OK.

Q11.There are certain companies /banks which offer that if you open an account with them to keep your money there and use it as your bank,there will be lottery ,by picking u of lots.
Answer:-It is haram,because they take your money ,and invest it in haram places ,and through Riba /interest whatever they make out of that ,they put up as prizes.It isgambling as some win while others do not.

Q12.I went to a shop to buy milk for my children,and the sales person said to me that
“We have got a special kind of milk,which if you buy ,you will receive cash ,starting from one Riyal and can be upto 500 Riyals”So hearing about this cash prize ,I ended up buying 4 packs of milk,because I wanted to get that prize,so I found one Riyal each in two of those 4 packs,in the third one I found 10 Riyals ,and in the fourth one I found 500 Riyals.So is that money halal for me,and if not what am I supposed to do with this money?And if it haram,please try to do something about it,so that the common people become victim of such things.Please guide us.

Answer:- You are not allowed to put any form of cash in the merchandise which you are selling,so some will receive ,and others will not.Or any other form of gifts ,which may be in some and not in others,through that you attract people to your shops for sale,and also harm the fair competition ,and others may lose money because of that,while you make money through haram ways.This is not allowed,there is ambiguity ,gharar in it,where some people benefit ,whereas others do not ,so it is not an equal chance for evreryone.Either you return the cash prize back to the owners if you are able to with ease,or else give it in the path of Allah(SWT) for the needy and the poor.
We do know that some times in western countries ,when we buy something ,we do not buy that thing to get any cash prize,but when you buy you find that you have won something ,in some scholar’s view , you should in such a case give the money to needy people.Some other’s scholar’s view is that ,since it was not your intention to buy it for cash,you can keep it for yourself.But in the case of the question posted,the person made his intention clear that he bought the milk packet because of cash,so in this case it is haram money,so either you should give it back or spend in charity.

Q13.Buying newspapers ,because of those competitions which are there ,and there is a cash money involved in that.

Answer:- One should not buy these papers, because of all the haram stuff present there.They do this to promote other things which are haram.

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