The Sin Of Gambling Explained

Allah SWT says in the Qur'an:

"They ask you (O Muhammad) concerning wine and gambling; say: 'In them is a great sin and some profit for men, but the sin is greater than the profit'."(Surah 2: Ayat 219)


THE QUR'AN AND SUNNAH ON GAMBLING

Let us examine the Qur'an and the Sunnah to see what Islam has to say about gambling. In the verse mentioned above, Allah clearly decries the evil practice of gambling and wine-drinking. The correlation between wine and gambling as sister-social-evils - merit a topic of it's own, but this article will discuss only the aspect of gambling.

In the above verse, the word "maisir" is used to describe qimar or gambling. "Maisir" is derived from the root word "ya sa ra" which literally means "easy" and "something attained with no effort". Gambling is thus termed "maysir" because of the element of earning money or winning something without any effort at all. This element is one of the rational reasons for the prohibition of gambling.

During the time of Arab Jahiliyah, the form of gambling most familiar with the pagan Arabs was by casting lots by means of arrows on the principle of a lottery: the arrows were marked and served the same purpose as lottery ticket. Something, for example, a carcass of an ox was divided into unequal parts. The marked arrows were then drawn from a bag: some represented no share at all, some a small share, and some a bigger share. Whatever arrow you drew was pure luck. Allah Ta'ala forbids this form, as well as all other forms of game of chance, on the basis that a person loses by means of pure chance; whilst if he is fortunate to have gained anything, it would be gained by pure luck having not earned it, thus not even deserving it.

The above verse also mentions one interesting aspect i.e. there is some benefit in gambling, but its harms far outweigh its goodness. One group of Mufassirun (Muslim scholars who are experts in the explanation of the meaning of the Qur'an and its interpretation) like Imam Mujahid RA and Imam Suddi RA have said - that the paltry goodness mentioned in this verse refers to the portion won by the lucky gambler. The pagan Arabs would regard their winning as a "divine gift" from Allah, and whenever a person would be afflicted with a disease or paralysis, they would use their winnings to cure such a person.

However, according to Imam Qatadah RA and Imam Sha'bi RA, the prohibition of gambling, like that of wine, was revealed in stages, and the above verse was soon abrogated by another verse in the Qur'an. In this verse, Allah explicitly mentions gambling as "an abomination from the evil practices of the Shaytaan", and Allah categorically forbade it saying, "will you not then shun it?" The abrogation of this verse surely meant that now what ever little benefit or advantage which was to be gained from gambling was passed off as completely forbidden, and it was made to be understood that there is absolutely no benefit in gambling. After all, what enjoyment is there in winning something when there has been unfair loss and disappointment for the other party?


THE REASON FOR THE PROHIBITION OF GAMBLING

When the verse which prohibited gambling in it's entirety was revealed, the reason was also given by Allah Ta'ala:

"The devil only wishes to create disparity and enmity amongst you by means of wine and gambling, and hinder from remembering Allah and from prayers." (Surah Al-Maa'idah: Ayat 91)

In fact, Saiyidina Umar RA realised the unsure nature of the first verse, and he made the following du'a:

"O Allah! Give us clear guidance as to wine and gambling, for it wastes away our intelligence and money."

Upon this, Allah revealed the verse which clearly prohibited these practices.

When it was revealed, and Allah asked: "Fahal antum muntahun?,"

Saiyidina Umar RA loudly exclaimed: "Inthayna intahyna". ("We have surely abstained from it, we have surely abstained from it")

During the period of Jahiliyah, a person would gamble away his wealth, possessions, and even his wife. When losing them, he would be much disappointed at his quick and unexpected loss, his anger would be inflamed, and he would be infuriated to see his belongings suddenly in the hand of the winner. This situation created much hatred between the two parties so much so that fights and quarrels would erupt between the two. More than often, these fights would involve an entire tribe, and it would last for many years.


SPIRITUAL RUIN OF GREED AND DESIRE FOR EASY WEALTH

Through gambling, a temptation is created within a person which is fuelled by his own greed and the desire to earn a quick and easy buck. The person then loses again and again, but tries again and again. As his frustration mounts, he indulges in more and more tickets, all the while nursing his fantasy that one day he will hit the jackpot. Before he knows it, he has developed an obsession, all his money is spent, he loses his house and his car, his family life is thrown in tumult, and he is left a helpless person on the street. He makes promises to reform himself, but the appeal and enticement of trying just one more time is too strong to ignore. He tries his hand again, loses again, and before long a hard working and industrious man is reduced to an outcast from his family. His friends reject him, he feels too ashamed to mix with the people for fear of being labelled as the "gambler", he does not perform his Solat in the Masjid nor attend any family related events. He goes into a depression, and more than often his end is tragic. This scenario has been witnessed time and time again in the world and needs no further elucidation.

A person in the clutches of gambling surely has no desire to roll up his sleeves, don his overalls, and get to work. Gambling enslaves one who then becomes a mute slave in the hands of gambling and seldom succeeds in abandoning it. He thinks there is no need for working since he will eventually win, and win "big time" one day.

The Holy Prophet Muhammad SAW said:

"To earn an honest livelihood is a duty ranking only next to the chief duty (of offering prayers)." (Mishkat Al-Masabih)

Islam seeks to address poverty by means of hard work, and not by luck or chance. In this light, gambling only produces a nation of opportunists, a nation devoid of any resourcefulness, and a nation bereft of any form of motivation and intuition. It makes people dependent on some sluggish whimsical impact of winning. Even if he happens to win, his greed for more increases. After having lost all his earnings, that still does not deter him from stopping, but he will gamble more in the vain hope of recovering his losses.


THE SPIRITUAL AND PHYSICAL HARMS OF GAMBLING

According to Imam Suddi RA, the spiritual harm is preventing from the truth, and the physical harm is the oppression of others. Allah says that gambling diverts one's attention from Allah and from Solat. The fact that gambling has the power to actually distract a person in itself shows how great obsession and fascination it has. The possibility of instant gain is foremost in the mind of the gambler. The gambler neglects all other avenues of gaining a lawful living, and this obsession soon drives him to concentrate all his efforts on gambling and gambling alone. His obsession mounts his back like a sack of lead, and he is bogged down by it. Remember that this is an obsession for gaining the world in an unlawful and easy way, his outlook turns materialistic and he thinks that he will have achieved his goal in life if he wins those millions. In such a situation, it is only logical that he would not remember Allah, and seek His bounty, because for the gambler, his bounty is in gambling. He thus ruins himself spiritually. On the other hand, the person content with his lot and engaging in the in the remembrance of Allah has a carefree life, free of the worry of earning possible gains, and free from the worries associated with materialism and committing sin. Such a person knows that his rewards are secure with Allah Himself.


ECONOMIC IMBALANCE

The biggest physical loss a man incurs by gambling is oppression, i.e. economic oppression. In a material world, gambling is seen as one solution to poverty, economic imbalance, and recession, but in reality it only worsens these problems. Islam forbids gambling, just like interest; not because it is against material gain, but because of the economical imbalance it creates. In dealing with interest, the rich become richer and the poor become poorer; in gambling too, the fortunate become richer, whilst the less fortunate become poorer. In both instances, a greater economic imbalance is created, but in the case of gambling, the loss is complete, whilst in interest, one loses in proportion to the amount borrowed.

In Islam, every Muslim has the duty of seeing to the eradication of poverty, and this can not be achieved through gambling.

It is narrated by Abdullah ibn Umar RA that the Holy Prophet SAW said:

"A locality in which has to starve a night is deprived of Allah's protection." (Mustadrak of Hakim)

Saiyidina Ali RA is also reported to have said:

"Allah has levied upon Muslim in their wealth, an amount which would suffice for the poor. If the poor go hungry and unclad, it is because of the misdoings of the rich." (Imam Tabrani's - Mu'jam Al-Saghir)

These verses point out to the fact that gambling is nothing but a convenient excuse for the state or for the wealthy to keep their wealth, whilst allowing institutions like gambling to flourish in order to let problems look after themselves and even worsen.


GAMBLING - THE BIGGEST ECONOMICAL FARCE IN HISTORY

Gambling, far from a being scheme designed to benefit humanity, is nothing but a farce designed to usurp the wealth of all and transfer it to the hands of a select few who control the industry. Thus, far from solving any problems, it worsens it. The only pleasure a gambler attains is some transitory pleasure when winning, but this is short-lived once he loses it again. If it is argued that our roads will be upgraded, medical and education facilities improved, and the proceeds will go to welfare with such money, let it be known that such money spent on good works have been acquired through unlawful means. Allah does not accept charity through unlawful means, for He is pure, and He only accepts what is pure. At the end, the grim reality is that gambling only brings about benefit for a small segment of the community, whilst it causes crushing loss to the majority.

In conclusion, the greatest harm of gambling is that it makes a wealthy man a pauper overnight, and a pauper a wealthy person overnight. When a person's condition is changed overnight, he does not know how to handle it. This usually drives the rich to commit suicide or live in perpetual shame and humility, whilst it engages the poor in a wild spending spree that leaves even the rich agape at the amount of wastage and reckless spending being committed. At the end, the economic problems are still there, and only more social evils are created.

Don't Get Burned - Part 5 of 5

FINANCIAL PROHIBITIONS IN ISLAM - PART 5 OF 5


Asking For Money When Not In Need

The Prophet Muhammad SAW said:

"Whoever asks for money while he has what suffices him has asked for a lot of Hellfire's embers."

People asked him (SAW):

"What is the sufficient amount of money above, which one should not ask?"

The Prophet Muhammad SAW replied:

"The amount he needs for his lunch and dinner." (Abu Dawud)

The Prophet SAW also said:

"Whoever asks for money while he has what suffices him, will have scratches or bruises on his face on the Day of Judgement." (Ahmad)

The Prophet SAW also informed:

"Whoever asks people for their money to increase his wealth, has asked for embers, so let him ask a little or a lot." (Muslim)

Some people come to the mosque and ask for money while they themselves are in good financial situation. Some lie and bring falsified documents and invent stories. Many Muslims in the mosque then sympathise them without checking whether they are truly in need. On the other hand there are others who are really needy, but the people who do not know them think that they are truly not in need because of their modesty. These people do not beg of people at all, and people do not find out about them so they do not give them charity.


Taking A Loan With The Intention Of Not Paying It Back

People's rights are very important in the sight of Allah. A person may be forgiven when he does not fulfill Allah's rights if he repents, but he can not escape from fulfilling people's right before a Day comes where accounts are not settled by money, but by good deeds and sins.

Allah says:

"Verily! Allah commands that you should render back the trusts to those to whom they are due." (Surah An-Nisaa: Ayat 58)

A practice that has become common is to take lightly the matter of borrowing, for some people do not borrow to fulfill a basic need, but to live more comfortably and to compete with others in acquiring new cars, new furniture, and such things of this worldly life.

Taking the repayment of debt lightly leads to procrastination in paying it back, or leads to the loss of other people's money.

The Prophet SAW warned about the punishment of this act saying:

"Whosoever takes people's money with the intention of paying it back, Allah will carry out (this burden) for him. And whosoever takes people's money with the intention to loose it (i.e. not pay it back) Allah will destroy him." (Bukhari)

People are very lax in the matter of borrowing, while it is a serious thing in the sight of Allah. Repaying debts is so serious that even the martyr, in spite of the great sacrifice he offered, the great reward he will get and the high position he will gain, cannot escape from paying the debt he owes.

This is verily true, for the Prophet SAW has said:

"Praise to Allah, how Allah has stressed the seriousness of debt. By the One Who my soul is in His Hands, if a man were killed for the sake of Allah, then resurrected, then killed again, then resurrected then killed again, and he had a debt, he will not enter Paradise until his debt is paid for him." (An-Nasai)

Wouldn't those who indulge in borrowing take heed after hearing this hadith? As the implications are indeed severe.


Eating What Is Unlawfully Gained

He/she, who does not fear Allah, does not care whether he/she acquires or spends money in a lawful way. His/her only worry is to increase his/her wealth even if it were ill-gotten and haram, were it by stealing, or bribing, or confiscation, or forgery, or illegal sale, or usury, or eating the wealth of orphans, or getting paid for an unlawful act such as prostitution, singing, playing and promoting music, fortune-telling, stealing public properties, or taking people's money by coercion, or asking people their money while not in need for it, etc.

Such people would spend the haram-earned money on his food, clothing, a new car and build or rent a house and he/she would furnish this house, and hence haram would have entered his body and all the space he lives in.

While the Prophet SAW has said:

"Any meat that has grown from ill-gotten wealth, then hellfire is more deserving of it." (Tabarani)

He will be asked on the Day of Judgment how he acquired his money and how he spent it, then his destruction and loss will be certain. Therefore whoever has any ill-gotten money that is still in his/her possession, should hasten to get rid of it. If it is another person's property, he/she should return it back to the owner and ask for forgiveness, before a Day will come when the accounts are not settled with dollars and cents, but with good deeds and sins.

Some Muslims think that by abandoning these forbidden practices, they will incur great hardships, and that the sources of their subsistence will be dried up. To the contrary it is only by abiding to the Shari'ah and putting one's trust in Allah that one can hope for His bounty.

Allah SWT has promised in the Qur'an:

"And whosoever fears Allah and keeps his duty to Him, He will make a way for him to get out from every difficulty. And He will provide for him from sources he never could imagine. And whosoever puts his trust in Allah, then He will suffice him." (Surah 65: Ayat 2~3)

Don't Get Burned - Part 4 of 5

FINANCIAL PROHIBITIONS IN ISLAM - PART 4 OF 5


Confiscating Land

When fear from Allah is absent, then power and cunning is used in wrongdoing, such as to lay claim to other people's properties, and to confiscate their land.

The punishment for this deed is severe, for the Prophet SAW has said:

"Whomsoever wrongfully takes away a land, will sink into the seventh earth on the Day of Judgement." (Bukhari)

The Prophet SAW also said:

"Whomsoever wrongfully takes even a span of the hand from a land, Allah will order him to dig it down to the seventh earth, then He will fence it on the Day of Judgement until He judges between people." (Tabarani)

Included in this category is the alteration of the demarcations and boundaries of lands, for the purpose that one enlarges his own land at the expense of his neighbour.

This type is mentioned in the hadith of the Prophet SAW:

"Allah curses whoever changes the landmark of (a piece of) land." (Muslim)


Accepting A Gift For The Purpose Of Intercession

A person's high position and power are blessings Allah has bestowed on him. If he is thankful, he would use this blessing for the benefit of the Muslims.

This is based on what was mentioned by the Prophet SAW:

"Whoever has the capability to help his Muslim brother, let him do it." (Muslim)

A person who uses his high position to help his Muslim brother in warding off an injustice, or to benefit him in any way without committing a sin or transgressing onto other people's rights, will be rewarded by Allah. His intention should be purely intended to please Allah.

The following hadith of the Noble Prophet SAW further supports this:

"Intercede, and you will be rewarded." (Abu Dawud)

However, it is not permitted to take a fee for this intercession or mediation.

The Prophet Muhammad SAW said:

"Whoever intercedes for a person, and then that person presents him a gift (for his intercession) and he accepts it, has entered one of the widest gates of riba." (Ahmad)

Among the people, there are some that use their high position to intercede in exchange for a fee. They impose for this intercession, to appoint a person in a job, or to transfer an employee from one department to another or to transfer his office from one region to another, or to provide treatment for a sick person, etc. The truth is, Allah's reward on the Day of Judgement should be sufficient for the performer of good deeds.

It should be noted here that there is a difference between hiring a person to perform, follow or supervise a task in exchange of a salary or a fee, which is a lawful thing, and using one's high position and power to intercede for someone in exchange of a fee, which is forbidden.


Refusing Salary to Employees

The Prophet SAW has encouraged people to pay the worker his due as soon as he finishes his task.

The following hadith describes this:

"Give the worker his pay before his sweat dries up." (Ibn Majah)

It is pure tyranny not to pay the workers and the employees. This tyranny takes many aspects:
Denying the employee his entire salary when the employee has no proof of his work. Let us remember that - even if the employee's right is lost in this life, it will not be lost on the Day of Judgement, when the wrong doer will be summoned after having eaten the victim's money. Then the victim will take some of the good deeds of the wrongdoer, and if the wrongdoer has no good deeds left, then he will take from the victim some of his sins, until justice is done; after which the wrongdoer will be cast in the Fire.

Giving the employee only part of his salary, without any justifiable reason is trangression of the Shari'ah.

Allah mentions about this in the Qur'an:

"Woe to Al-Mutaffifeen (those who decrease the rights of others)." (Surah Al-Mutaffifeen: Ayat 1)

An example is what some employers do when they promise employees a certain salary, and then after they settle in the job, the employers writes the contract for a lower salary. The employees may remain on the job unwillingly, but they complain to Allah. Moreover if the wrongful employer is a Muslim, and the employee is a disbeliever, this behaviour may drive him away from Allah's Path, and hence the employer would draw on himself his sin.


Additional Tasks And Overtime Without Compensation

There exists in this world - employers who put off payment of his workers' salaries, until after the workers ask for it many times, or even complain to the authorities. Sometimes, the reason behind this delay may be to make the employee tired and so that he gives up his right, or so that the employer may invest the salary money and gain more benefits. Some even use the money in riba, while the poor employee cannot even provide for his daily bread.

Woe to these wrongdoers from the punishment of a Grievous Day; for Abu Hurairah RA narrated that the Prophet Muhammad SAW said:

"Allah says, 'Three whom I will lie their enemy on the Day of Judgement. A man who gave in My Name and then he betrayed, a man who sold a free man and ate his price, and a man who hired a worker, and used his services, and did not pay him his wage.' " (Bukhari)


Giving Gifts To One's Children In An Unjust Manner

Some people single out some of their children by allotting them gifts and donations, while excluding the others. Doing so is haram when it has no legitimate reason. Legitimate reasons include - if one of the children is in need and the others are not e.g. if he is sick or is in debt, or to reward him for memorising Qur'an, or learning a chapter of knowledge, or if he is unemployed, or has a large family, or has devoted all his time to seeking knowledge etc.

In general it is allowed for the father to provide for his son if the son is unable to provide for himself, and the father is able to provide for him. When the father gives to one of his children for a legitimate reason, he should have the intention that if one of his other children had the same difficulties as the one he gave to, he would help him in the same way as he helped his first child.

The general proof for this is what Allah says, in the Qur'an:

"Be just, that is nearer to piety, and fear Allah." (Surah 5: Ayat 8)

And the specific proof is what is narrated by Nu'man bin Bashir RA whose father brought him to the Prophet SAW and said:

"I offered (to) my son a boy (a servant)."

The Prophet SAW responded:

"Did you offer each of your children a similar boy?"

He said:

"No."

Then the Prophet SAW said:

"Then take him back." (Bukhari)

In another narration it is quoted that the Prophet SAW said:

"Fear Allah and be just among your children." (Bukhari)

The man then took back his gift.

In another narration, the Prophet SAW said:

"Do not call me to witness then, for I do not bear witness upon injustice." (Muslim)

One observes in some families, that the fathers who do not fear Allah favour some of their children, and hence cause bitter feelings among them. The father might give one of his sons because he resembles his paternal uncles, and divest another because he resembles his maternal uncles. Or he might give to his children from one of his wives more than he gives to the others, or he might enroll those children into good private schools and not do the same for the others.

This will result in the child deserting his father. A deprived child will not be dutiful to his father.

The Prophet SAW asked the man who favoured between his children in gifts:

"Would you not be pleased that they would be equally dutiful to you?" (Muslim)

Don't Get Burned - Part 3 of 5

FINANCIAL PROHIBITIONS IN ISLAM - PART 3 OF 5


Gambling

Allah SWT says in the Qur'an:

"Intoxicants and gambling, sacrificing to stones, and divination by arrows, are an abomination, of Satan's handiwork, so avoid such abomination, in order that you may be successful." (Surah 5: Ayat 90)

Before the advent of Islam, the most practiced type of gambling was to have ten men participate in buying a camel then they would cast lots and accordingly seven of them would win disproportionate shares of the camel and three would have no share at all.

Nowadays gambling has many aspects, some of which include:

1. The lottery which itself is of different types, the most known is to buy numbers, and different prizes are given to the winning numbers. This type is unlawful even if some say it is for charitable causes.

2. Another type of gambling is to buy merchandise which has an unknown prize inside it, or which has a number that is drawn to find out the prize winner.

3. Insurance is another aspect of gambling. This includes, life insurance, insurance on merchandise, vehicle, insurance against fire, flood, and numerous other types of insurance, there are even singers who buy insurance on their voices!

Any type of gambling game is included in this category. Nowadays there exist clubs for gambling, where 'green tables' are reserved for this abominable sin. There is also betting for football games, and other sports games, these are also included in unlawful gambling. There are certain games in game rooms or entertainment centers, that are based on gambling such as the pinball.


Stealing

Allah says in the Qur'an:

"Cut off the hand of the thief, male or female, as a recompense for that which they committed, a punishment by way of example from Allah. And Allah is Al-Powerful, All-Wise." (Surah 5: Ayat 38)

Among the biggest crimes of stealing is stealing from the persons who come to the House of Allah for Hajj or Umrah. These types of thieves do not give any weight to Allah's Punishment, while they are in the most sacred place on earth, around His House.

The Prophet SAW said:

"Hell Fire was brought, and it was when you saw me being late (for solat), for I feared I would be scorched by it, and I even saw in it the owner of the crook (a crooked stick the thief uses for stealing) dragging his entrails in the Fire. He used to steal the pilgrim with his crook. If he was found out, he would say, 'It was just stuck to my crook,' and if nobody took notice, he would take what he stole." (Muslim)

And among the biggest crimes of stealing is to steal from the funds of the Muslim community. Some people who do it say, "We do what many other people are doing." They do not realise that they are stealing from all the Muslims, because the public funds are the property of all the Muslims, and the fact that other people do it is not an excuse to imitate them.

Some people steal from the kuffar, arguing that they are disbeleivers. This is not permissible because the only kuffar whom one is allowed to dispossess from their properties are the ones who are at war against the Muslims, and in general the companies of the disbelievers and the disbelievers themselves are not included in this category.

Another type of stealing is to steal from other people's pockets. Some people steal from their hosts' houses, others steal from their guests' purses, others shoplift, and there are even women who conceal the stolen goods under their garments.

Some people think it is permissible to steal things of small or insignificant value, but the Prophet SAW said:

"Allah cursed the thief, he steals the egg and then his hand is cut off, and he steals the rope and then his hand is cut off." (Bukhari)

Any person who steals a thing should return it to its owner and repent to Allah, whether he returns it openly or in secret, by himself or through an intermediary. If he is unable to return the property to its owner or to his inheritors after him, then he should give it to charity and intend the reward for its owner.


Accepting and Giving Bribes

Giving a bribe to a judge or a ruler in order to incur injustice is a crime because it leads to unfairness in ruling by taking away people's rights, and it leads to the spread of corruption.

Allah says:

"And eat up not one another's property unjustly, nor give bribery to the rulers that you may knowingly eat up a part of the property of others sinfully." (Surah Al-Baqarah: Ayat 18)

Abu Hurairah RA narrates that the Prophet SAW said:

"Allah curses the bribe giver and the bribe taker in ruling cases." (Ahmad)

However, bribes given by a person to take back what rightfully belongs to him, or to ward off an injustice, and which could not be accomplished otherwise, are not included in this type of cursed bribes.

The bribe epidemic is so rampant nowadays that it has become a more profitable source of income than some employees' salaries, and it has become a clause in many companies' budgets under different cover names. Many transactions do not start and are not concluded unless a bribe is included, and this has greatly hurt the poor among the people. It has also corrupted many employees at the expense of their employers, so that the good service (or merchandise) is presented only to the one who gives bribe. As for the others, they are neglected or their service is postponed, while others who came after them were being served first because they gave bribes. Because of bribe, properties that belong to the employer end up in the pockets of the sales and purchases representatives.

For this and other reasons it is no wonder that the Prophet Muhammad SAW, has cursed those who participate in this crime, saying:

"Allah's curse be upon the bribe giver and the bribe taker." (Ibn Majah)

Don't Get Burned - Part 2 of 5

FINANCIAL PROHIBITIONS IN ISLAM - PART 2 OF 5


Disguising Damaged Goods

Once in the market place, the Messenger of Allah SAW passed by a pile of food; he inserted his hand inside it and felt moisture at his fingertips.

Nabi SAW asked:

"What is this, O owner of the food?"

The man replied:

"Rain got into it, O Messenger of Allah (SAW)."

Nabi SAW then said:

"Why don't you put it (i.e. the wet food) on top of the food pile so that people see it? Whoever deceives us is not one of us." (Muslim)

Nowadays, many merchants who do not fear Allah, try to conceal the defect of the merchandise by putting wraps around it, or by hiding it in the bottom of the box, or by , spraying it with chemicals to enhance its appearance. Some even change the expiration date, and when one buys it, it perishes sooner than he expects. Some do not let the buyer inspect the merchandise, or try it. So many merchants sell cars, or other machines, but fail to mention their defects, and this is unlawful.

The Prophet Muhammad SAW said:

"The Muslim is the brother of the Muslim, and it is not permissible for a Muslim to sell his brother a merchandise without mentioning its defects to him." (Ibn Majah)

Some people think that they are discharged from any responsibility, when for example they say, "I am selling a pile of metal", instead of saying, "I am selling this car".

This type of sale is void of the blessings of Allah, as the Prophet Muhammad SAW said:

"A sale is optional as long as the two parties did not separate, then if they said the truth and made things clear, there will be blessings on their trade, and if they lied and concealed something, the blessing on their trade will be wiped out." (Bukhari)


An-Najash or False Bidding

This type of trade occurs in auctions, where a person who does not have the intention to buy, participates in increasing the price of the merchandise. He makes bids as if he wanted to buy, but is doing this only to deceive the other buyers, by conning them into buying at a higher price.

The Prophet SAW said:

"Do not participate in An-Najash." (Bukhari)

The Prophet Muhammad SAW said this because it is no doubt a type of fraud.

The Noble Prophet SAW also said:

"(Those who commit) cunning and fraud are in Hell fire." (Silsilatul-Ahadeeth As-Sahihah).

Many of the auctioneers, especially in car auctions, earn their living in an unlawful way, by committing the sin of participating in An-Najash trade. They deceive the person who wants to sell his car by offering him a much lower price than its real value; this is done by previous agreement between the auctioneers. But when they want to sell the car they do the opposite thing, they infiltrate amongst the prospective buyers, and offer higher prices while they do not have the intention to buy, thus deceiving and harming the people.


Trading During Solatul Jumu'ah

Allah SWT commands in the Qur'an:

"When the call is proclaimed for solah on the Day of Jumu'ah, come to the remembrance of Allah, and leave off business, that is better for you if you did but know!" (Surah 62: Ayat 9)

Yet some merchants continue their business after the second call to solat, and stay in their shops, or even do their trade in front of the masjid. The buyers are their accomplices in this sin, even if they buy but a small miswak, because this trade is considered unlawful. Some restaurants, bakeries and factory owners force their employees to continue to work during the Jumu'ah prayers. These owners are really the losers, even if their profits might increase.

As for the worker, he should follow the saying of the Prophet SAW:

"No obedience is due to any person, in [what leads to] disobeying Allah." (Ahmad)

Don't Get Burned - Part 1 of 5

FINANCIAL PROHIBITIONS IN ISLAM - PART 1 OF 5

Stocks, bonds, T-bills, money market accounts, certificates of deposits, variable-interest checking and saving accounts, as well as a plethora of other financial jargons that have now become a reality in the life of many among us, have made earning and saving our money much more complicated than it used to be.

With this ever-increasing deluge of financial options, we Muslims must constantly be on-guard to make sure that our money is earned in ways that are pleasing to Allah, and that it is safeguarded in the same way. If we become lax, and neglectful about how we earn, spend, and deal with our finances, we may find ourselves suffering the fate of those who came before us.

"O my people! Worship Allah, you have no other god but Him, and give not short measure or weight, I see you in prosperity, and verily I fear for you the torment of a Day encompassing. And O my people! Give full measure and weight in justice and reduce not the things that are due to the people, and do not commit mischief in the land, causing corruption." (Surah 11: Ayat 84~85)

That was the message of Prophet Shu'aib AS to his people, to worship Allah alone and to trade fairly. This specific message was sent to them because of the widespread financial disease that was afflicting his nation, and to show that Islam encompasses all aspects of life and is not confined to the ritual acts of worship.

Their answer was:

"O Shu'aib! Does your solah command that we leave off what our fathers used to worship, or that we leave off doing what we like with our property?" (Surah 11: Ayat 87)

Although Muslims often inquire about the rules of the Shar'iah concerning the many aspects of the Deen, and apply themselves to observe them, the financial aspect remains a blind spot for many.

They are either ignorant of the rules and are not as eager to inquire about them, or worse yet, they feel that these rules do not apply to them. Allah, the All Merciful, has sent revelations in the Qur'an that are for all mankind, His rules reflect His infinite Wisdom, and are valid at all times, in all places. Therefore one should not be neglectful in applying them under the excuse that he is living in a different era, or in a non-Muslim country, etc. One should fear that the Wrath of Allah would befall him as it befell the people of Shu'aib AS. This article details some of the prohibitions taking lightly by people.


Indulging in Interest

Allah SWT has declared war against people who deal in riba.

Allah SWT says:

"O you who believe! Be afraid of Allah and give up what remains due to you from riba, if you are really believers. And if you do not do it, then take a notice of war from Allah and His Messenger." (Surah Al-Baqarah: Ayat 277~278)

This verse is sufficient to show the atrocity of this crime in the sight of Allah. Anyone who notices what is happening to individuals and nations, can see the extent of harm incurred by dealing in riba. These include bankruptcy, depression, and deficit with a failure to pay their debts, along with economic paralysis, raising unemployment, and bankruptcy of many companies. All of this makes the outcome of the sweat of people and their daily hardship pour directly into the payment of the ever-increasing interest to the rich user of riba. This in turn contributes to the creation of distinct social classes, accumulating the monies into the hands of a few number of people. This may indeed be one of the types of wars that Allah warned those who deal in riba against.

All those who participate in the riba transaction, whether they are the principal parties, the intermediaries, or the facilitators, are cursed by Prophet Muhammad SAW.

Jabir RA said:

"The Messenger of Allah (SAW) has cursed, 'The one who takes riba, the one who writes it and the one who witnesses it,' and he said, They are equal (in sin)'." (Muslim)

Therefore, it is not permitted to have a job as an underwriter of riba, or in the accounting or estimation of the interest, nor in its collection or deposition, or in guarding it. In general it is forbidden to participate in it in any way whatsoever.

The Prophet SAW was eager to show the wickedness of this vice, saying:

"Riba has seventy three gates, the least of them is like a man who fornicates with his mother. And verily, the worst of riba is the Muslim's honor." (Hakim)

And Rasulullah SAW also said:

"A dirham that a man spends knowing he gained it from riba is worst than thirty six instances of fornication." (Ahmad)

The prohibition of riba is general and is not specific to the one performed between the wealthy and the poor, as many people believe, but is rather general in any situation and for any person.
How many rich merchants and businessmen have lost their wealth because of riba? The least of its evils is that it wipes out the blessings upon the money, even if it seems abundant.

For the Prophet SAW said:

"The outcome of the money gained in riba, even if its amount is big, is always paucity." (Hakim)

The unlawfulness of riba is not confined to what has a high interest, but to any amount of interest, no matter how small it is. The usurer will be resurrected in a state of insanity, as if the Shaytaan is hitting him.

In spite of the atrocity of this crime, Allah accepts repentance from it, and informs and explains how to get out of it, saying to those who practice usury:

"But if you repent, you shall have your capital sums. Deal not unjustly, and you shall not be dealt with unjustly." (Surah Al-Baqarah: Ayat 279)

This is indeed the best justice.

The believer must guard against this crime, and realise its dreadfulness. Even if one is obliged to put his money in a bank that uses riba, for fear that it may be lost or stolen, he should feel that this is done out of a necessity (dharurah). His case is similar to the one who eats unlawful meat for fear of dying from starvation.

Therefore, he should seek forgiveness from Allah, and be always in search of a lawful substitute for this situation. He should never ask for the interest on his money, but if this interest is added to his bank account, he should get rid of it by spending it in a lawful charity. He can not intend to give it as a sadaqah, but as a way of getting rid of it, because Allah accepts as sadaqah only what is pure, i.e., lawfully gained. In any case, he is not allowed to spend it or use it in any way for his own profit, such as to buy food, clothes, pay rent or buy provision for his wife, children or parents. Nor can he include it in the zakat due on him, or use it to pay taxes. He should only get rid of it, out of fear of Allah's Punishment.

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.

Working In A Bank

At the outset, it is not permissible to work at a conventional bank as it deals with many un-Islamic matters like interest, insurance, etc.

Allah Ta'ala says in the Qur'an:

"And do not aid in sin." (Surah Al-Maa'idah)

However, under exceptional circumstances like when one is in dire need, for example, to support dependants, wife and children and has no adequate source of income, he will be excused.

However, he MUST search for an adequate Halaal source of income and upon that being available, he should resign from the bank.

Let us understand that the evidences from the Qur'an and Ahadith is just too clear to ignore.

Allah SWT orders in the Qur'an:

"O you who believe! Fear Allah and leave that which remains on interest if you are believers. If you don't (abstain from Interest) then announce war with Allah and His Prophet." (Surah Al-Baqarah: Ayat 278~279)

And in one hadith narration -

Jaabir RA reports that Rasulullah SAW cursed the person who takes Interest as well as the giver, the writer and the witnesses; and, (Rasulullah SAW further) added saying they (i.e. the giver, the writer, the witness etc.) are all equal. (Mishkaat)

Life Insurance & Mutuals

Any form of life insurance is Haraam.

Mutual companies are owned by policy holders and all reserves are built up through retained profits. However, such profits primarily arise from income generated through Haraam
investments such as interest on government stock, interest on fixed deposit, investments, investments on Brewery companies, etc.

Accordingly such accumulated profits are from Haraam sources. On demutualisation, these accumulated profits are utilised to issue free shares to policy holders in proportion to their equitable shares. Therefore, such shares received are Haraam and the proceeds on sales are Haraam. To dispose this Haraam income, the proceeds should be given away as charity to the poor and needy without the intention of reward.

Alternatives To Riba

As an alternative to conventional banking mechanisms which use Riba (interest) to generate profit, a person can opt to Islamic banking options which is Halaal.

There are many Islamic banks operating on Islamic rules and principles of economics, for example:
Murabahah (purchase and sell on profit) and Musharakah (partnership), etc.

Alhamdulillah, they have been very successful and admired even by conventional banks.

How To Dispose Unwanted Interest Money

Interest monies must be given to the poor and needy who are eligible to accept Zakaat, and this must be done without the intention of attaining reward from Allah SWT.

However, interest received from government institutes (if this exists), could be used to offset government taxes.

Interest received from private banks cannot be used to offset taxes. It may be used to offset interest charged from the same bank.

It is not permissible to use interest monies for what is known as noble purposes e.g. paving the carpark area of a mosque, building a school for orphans etc.

As soon as A Muslim attains Hidayat to understand the seriousness of the Major Sin of Interest, the next immediate thing is to know how to dispose this unlawful money correctly according to the laws defined in Shari'ah.

Beyond the scope and categories marked above, one should consult reliable, Allah-fearing Ulama who will InshaAllah guide to the best ways to go about things - so that things be most beneficial for this World, as well as Aakhirah.

Buying Items From An Insurance Company

Question:
Someone insured a cellphone with an insurance company. A while later, the cellphone was reported damaged and the insurance company paid out the person. The insurance company later on found that the cellphone (after testing) was in proper working order. Hence, the company, thereafter, put it up for sale.

Is it permissible for me to purchase the cellphone?


Answer:
The original transaction was insurance, which is not in accordance with Shari'ah. However, when at the time of compensating the insured person the insurance company paid the price of the cellular phone and took its delivery from him it should be taken as a sale having taken place between the insurance company and the insured person. By virtue of this the insurance company acquires the ownership of the cellular phone. Therefore, purchasing of the cellphone from the company is permissible.

How To Terminate Haraam Investments

As a basic rule, it is not permissible to purchase shares in companies which deal in Haraam activities contra to the permissibles in Shari'ah.

If such shares had been purchased, they must be disposed of. The person can retain the original purchase price of the Shares via selling it off.

The balance must be distributed to the poor and needy without the intentionof gaining reward.

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.

Dissolving A Business - Tertib

When a business is dissolved:

1. Firstly, the debts should be paid.

2. Thereafter, the business capital and profits should be calculated and each partner is entitled to his share (capital and profits) in the business.

3. Should one partner wish to purchase his partners share, he may do so and negotiate the selling price of his share with his partner.

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.

Selling Currency For Commission

The practice of taking out foreign currency on passports and selling it for commission is quite common.

The currency limitations imposed by the government on travelers traveling abroad, has no Sharée basis. According to the Shari'ah, a person traveling abroad is at liberty to take along with him any amount of currency. Therefore, it is permissible for a person to take out foreign currency on his passport for another person as a favour.

It is not permissible to take a commission in lieu of this favour.

Islam encourages brotherhood and sacrifice. Charging commission for a favour is against the spirit of Islam. Since the common practice is that the commission IS IN LIEU of the right of taking out currency on the passport, therefore, any reasoning in an attempt to justify its permissibility is against the reality of the situation.

However, permissibility will occur in the instance where the passport holder himself purchases the currency. Thereafter, once this transaction is complete, he may in turn sell it to a person requiring the currency. This sale maybe at a profit. Here it is permissible since you are selling the actual foreign currency. However, just to charge a commission for taking out the currency is not permissible, as mentioned above.

It however should be noted that the practice of taking out currency on another person's passport is against the law of the land and if caught, one can be put into a disgraceful situation. Therefore, it is discouraged to engage in such a practice, since a Muslim should not expose himself to position of disgrace.