Showing posts with label Fiqh - Livelihood. Show all posts
Showing posts with label Fiqh - Livelihood. Show all posts

Monday, 18 December 2006

How To Use A Bank's Facility 101

If one uses a conventional banking facility to keep his / her money, then interest will be received.

That money is Haraam and the amount should be disposed off by giving it away to the poor and needy. without the intention of reward.

Sunday, 10 December 2006

Sports - Playing & Making A Living

With regards to the above, this question has been asked to the traditionalists among the scholars of the Ahlus Sunnah Wal Jamaah, and they have answered accordingly:

Any past time sports or games, inclusive of whether on video, computer, etc. will fall under the category of Lahw and La'ab (useless and past-time). This will thus make them not permissible.

Allah Ta'ala - the Creator of our Universe - declares in the Noble Qur'an:

"I have not created Man and Jinn except for (the purpose) of worship."(Surah 51:Verse 57)

When our Maker and Rabb whom we, the creation are accountable to, invariably states our purpose in this world, then our objective will be just that despite any human being thinking otherwise.

No creation can change this directive. Having said that, the Noble Qur'an on no less than five places warns about this worldly life - that this life is but a sport and a past-time. The two words used are 'lahw' and 'la'ab' which the Jurists have defined as games, sports, and past-times.

Basically 'lahw' and 'laƔb' do not bring any benefit and together takes one away from the remembrance of Allah Ta'ala and the Hereafter.

Nabi Muhammad SAW advised the Ummah:

"Everything with which a man plays is unlawful, except his shooting of arrows, his training his horse and playing with his wife." (Tirmidhi No.1637, Abu Dawud No.2513, Ibn Majah No.2811 and Hakim Vol.2 Pg.104.

A Narration in Baihaqi (Vol.10 Pg.15), Tabrani (Vol.2 Pg.193) and Sunanul Kubra of Nasai (Vol.5 Pg.302) adds: "and a man's learning how to swim."

Aishah RA that she had raced Nabi SAW and beat him. Later on when they raced again Nabi SAW beat her. Narrated by Ibn Majah (1979) and Ahmad (24163)

Nabi SAW once wrestled Rukanah RA and overpowered him. Narrated by Abdur Razzaaq (Vol.11 Pg.427)

Some Ulama explain that this cannot be used as proof of the desirability of wrestling as Rukanah RA had requested the wrestling bout to ascertian whether Nabi SAW was a true prophet or not. However, there are other narrations that show that wrestling was common amongst the Sahabah RA and they practised it in front of Nabi SAW without him objecting to it. A narration in Sharhu Ma'ani'il Aathar of Tahawi (Vol.3 Pg.219) mentions that Samurah ibn Jundub RA wrestled an Ansari youngster in front of Nabi SAW with the permission of Nabi SAW.

The above ahadith mention archery, horse riding, swimming, running and wrestling. Imam Nawawi RA mentions that the ahadith show that one should learn usage of all the different types of weapons, as well as exercising ones limbs for jihad, in addition to racing ones horse etc. (Sharh Muslim Vol.2 Pg.143)

We thus learn that we should exercise our bodies to keep fit. We should also learn how to use the different forms of weapondery available today.

Nevertheless, the common sports of today, soccer, crickets, rugby, etc. are not permissible due to the so many un-Islamic factors in them which are vert clear even without explanation. Those sports today are all about money, hence, the media, intermingling, neglect of religious duties, etc. in Islam, the purpose of sports is to maintain a healthy body. If that is contaminated with any un-Islamic factor, it will not be permissible.

Also for women, in brief, sports is permissible for females provided laws of Hijaab are adhered to. It is also necessary these sports are beneficial and not harmful to one’s body, mind and soul.


As a whole - the Muslim Jurists have commented that a sport/game :

a) which has no religious OR worldly benefit is not permissible
b) which has worldly or religious benefit is subjected to the following conditions:

i) that none of it should be contrary to the Shari'ah
ii) that it (the sport/game) should not resemble the sport/games specifically identified with other religious communities e.g. Yoga;
iii) which may have some worldly and/or religious benefit but includes an impermissible act e.g. modern wrestling (exposing the awrah).

Due to the many evils in contemporary sports, it is not permissible to earn one's living through that.

Wednesday, 6 December 2006

Lawyers - The Shari'ah Ruling

In Islam, the profession of advocacy, in itself, is permissible.

This is a service rendered to the client for which an advocate can charge a fee.

However, this permissibility is subject to three conditions:

ONE:
Firstly, a Muslim advocate is not allowed to plead the case of a person whom he believes to be unjust. Therefore, if he knows that his client has committed an offence he is not allowed to plead for his innocence.

The Holy Qur'an is very clear on this point where it says:

"And do not be an advocate for those who have committed breach of trust."

Nevertheless, it is not wrong for an advocate to plead for any concession given to the culprit under the law, for example, in a case it is not allowed to plead for the innocence of an offender, however, it is permissible to plead for reduction of his sentence on the grounds of genuine mitigating circumstances.

TWO:
Secondly, it is not allowed for a Muslim advocate to help his client in claiming a right which is disapproved by or Haraam in the Shari'ah, for example, if a person wants to sue his opponent for recovering usury or interest, a Muslim advocate cannot plead his case to that extent.

THREE:
A Muslim advocate is not allowed to use prohibited means to advance the case of his client like false statement, forged document, etc. Subject to these three conditions the profession of advocacy is permissible and in line with the injunction of the Holy Qur'an and Sunnah.

Tuesday, 5 December 2006

Doctor's Cremation Fee

This entry is just to inform the following ruling.

In the UK and in many other countries, doctors (especially junior doctors) are required to fill-up and sign cremation forms. For this job, they are paid a cremation fee which is a fixed, taxable amount.

The fees for filling and signing the above cremation form is Halaal.

Monday, 4 December 2006

An Advice To Those Having Debts

Almighty Allah Ta'ala states in the Noble Qur'an:

"Oh you who believe, Do not eat your wealth among yourselves unjustly, except that it be a transaction with mutual happiness." (Surah An-Nisaa: Ayat 29).

The prohibition of unjustly eating the wealth of others includes dishonouring a debt. Allah Ta'ala and Rasulullah SAW have announced serious warnings and punishments for dishonouring debts.

Consider the following quotations:

"And whosoever does that (unjustly eats the wealth of others), We will soon burn him in the fire" (Ibid).

Abdullah Ibn Umar RA narrates that Rasulullah SAW said every sin of a Shahid (martyr) is forgiven but (his) debts. (Mishkaat)

Abu Hurairah RA narrates that Rasulullah SAW said:

"The soul of a believer will be suspended (from entering Jannah) due to his debt until paid." (Ibid)

Abu Hurairah RA narrates that when the Janazah of a deceased who was in debts used to be brought to Rasulullah SAW, he used to enquire whether the deceased had left moneys in his estate or not; if there were moneys (to honour the debts) then only would he perform the Janazah (solat)." (Ibid)

Abu Hurairah RA narrates that Rasulullah SAW said:

"The (undue) delay of a wealthy person in paying his debts is oppression." (Mishkaat)

In an Islamic State, it is the responsibility of the ruler to secure payments of debts. If a debtor has some wealth, the ruler will imprison him until he sells his belongings - in order to honour his debts. (Raddul Mukhtar).

If he refuses to sell his belongings, the ruler will then himself sell all his belongings and distribute it to the creditors pro-rata their debts. The ruler may leave only one set of clothing for the debtor to cover his body (Hidayah).

The ruler even has the right to take all his (debtor's) cash and pay the creditors without the consent of the debtor. (Ibid)

Rasulullah SAW said that the person with the right (creditor) has a hand and tongue.

The hand and the tongue in the above hadith refers to the constant demand of the creditor for the payment of the debt. The creditors have the right to take the earnings of the insolvent debtor and divide it among all creditors. (Hidayah, Ibid)

From the aforegoing, it is clear that the rules and principles of insolvency in the secular system does not corroborate with the laws and principles of insolvency in Shariah. It is not permissible to search and create a loophole in the legal system and declare oneself insolvent in order to avoid payments to one's creditors. That will be regarded as oppression and a major sin. If the debtor still owns a house, cars, etc., according to Shariah he is not an insolvent person. He should sell his belongings, car, house etc., and honour his debts.

However, if a person is honestly insolvent, he should seek the forgiveness of his creditor and make every attempt to pay the debt. He should also record the debt in his will. Rasulullah SAW also advised the creditor to be lenient to his debtors. If possible he should grant respite for late payments or remit the entire or part of his debt. Rasulullah SAW even informed us of a creditor being forgiven by Allah Ta'ala for his sins due to his leniency to his debtors.

As Muslims we should be conscious of our accountability in the court of Allah Ta'ala and be truthful in all our dealings.

An Advice To Those Having Debts

Almighty Allah Ta'ala states in the Noble Qur'an:

"Oh you who believe, Do not eat your wealth among yourselves unjustly, except that it be a transaction with mutual happiness." (Surah An-Nisaa: Ayat 29).

The prohibition of unjustly eating the wealth of others includes dishonouring a debt. Allah Ta'ala and Rasulullah SAW have announced serious warnings and punishments for dishonouring debts.

Consider the following quotations:

"And whosoever does that (unjustly eats the wealth of others), We will soon burn him in the fire" (Ibid).

Abdullah Ibn Umar RA narrates that Rasulullah SAW said every sin of a Shahid (martyr) is forgiven but (his) debts. (Mishkaat)

Abu Hurairah RA narrates that Rasulullah SAW said:

"The soul of a believer will be suspended (from entering Jannah) due to his debt until paid." (Ibid)

Abu Hurairah RA narrates that when the Janazah of a deceased who was in debts used to be brought to Rasulullah SAW, he used to enquire whether the deceased had left moneys in his estate or not; if there were moneys (to honour the debts) then only would he perform the Janazah (solat)." (Ibid)

Abu Hurairah RA narrates that Rasulullah SAW said:

"The (undue) delay of a wealthy person in paying his debts is oppression." (Mishkaat)

In an Islamic State, it is the responsibility of the ruler to secure payments of debts. If a debtor has some wealth, the ruler will imprison him until he sells his belongings - in order to honour his debts. (Raddul Mukhtar).

If he refuses to sell his belongings, the ruler will then himself sell all his belongings and distribute it to the creditors pro-rata their debts. The ruler may leave only one set of clothing for the debtor to cover his body (Hidayah).

The ruler even has the right to take all his (debtor's) cash and pay the creditors without the consent of the debtor. (Ibid)

Rasulullah SAW said that the person with the right (creditor) has a hand and tongue.

The hand and the tongue in the above hadith refers to the constant demand of the creditor for the payment of the debt. The creditors have the right to take the earnings of the insolvent debtor and divide it among all creditors. (Hidayah, Ibid)

From the aforegoing, it is clear that the rules and principles of insolvency in the secular system does not corroborate with the laws and principles of insolvency in Shariah. It is not permissible to search and create a loophole in the legal system and declare oneself insolvent in order to avoid payments to one's creditors. That will be regarded as oppression and a major sin. If the debtor still owns a house, cars, etc., according to Shariah he is not an insolvent person. He should sell his belongings, car, house etc., and honour his debts.

However, if a person is honestly insolvent, he should seek the forgiveness of his creditor and make every attempt to pay the debt. He should also record the debt in his will. Rasulullah SAW also advised the creditor to be lenient to his debtors. If possible he should grant respite for late payments or remit the entire or part of his debt. Rasulullah SAW even informed us of a creditor being forgiven by Allah Ta'ala for his sins due to his leniency to his debtors.

As Muslims we should be conscious of our accountability in the court of Allah Ta'ala and be truthful in all our dealings.

Core Evidence On Ruling Of Insurance

All forms of Insurance is not permissible since these businesses are based on Interest and gambling.

The Noble Qur'an says:

"O` You who believe! Verily intoxicants, gambling and the casting of arrows for luck are filth from the works of Syaitaan. So avoid all this so that you may attain success." (Surah 5: Verse 90)

"O` You who believe, fear Allah and leave out that which remains from Riba (Interest), if you are believers. And if you do not do it, then take notice of war from Allah and His Rasul. (Surah 2: Verse 279)

Permissibility of Using Credit Cards, Money Matters

It is permissible to use a credit card facility.

However, a credit card holder should ensure that deposits are made on time to avoid paying interest. Allowing such situations to happen is a grave sin.

Sunday, 3 December 2006

Working In A Place Partly Selling Haraam Goods

It is permissible work in a store like Tesco, Giant, Carrefour which sells Haraam items e.g. being a cashier in which you will sell the item to the customer. The reason for this is that - since that employee will not be actively involved in selling the Haraam item, he will be excused for collecting monies for Haraam items purchased at the store.

However, it is best to find work in a purer environment for the sake of one's Imaan and spiritual well being and advancement in Deen. He should make effort to find an alternative, while working at his current work place.

Pension Scheme Q & A

QUESTION:
Are occupational pension and private health care schemes halal, when their cost is met by one's employer. My employer has offered the above package to me at no cost - they will not offer a cash alternative. The pension is paid to all employees through a lump sum at retirement with the employer paying into the fund annually on my behalf. The fund invests primarily in stocks and shares. The health cover enables all health costs to be met by my employers insurance company and myself to be treated in a private hospital.

ANSWER:
It is permissible to accept the pension and health schemes offer of your employer.