(Based on 'Ilm / clarifications given by Mufti Ebrahim Desai DB and Mufti Taqi Usmani DB)
INFO 1
The issue of working in a conventional bank must be viewed from two angles; a) Interest, b) Assisting in sin.
A conventional bank operates on interest and other un-Islamic transactions. To work in such a department of the bank that actively promotes the un-Islamic transactions will be assisting in sin which is prohibited in the Qur’an (Surah Al-Maa’idah: Verse 5).
However, if one has wrongfully worked for a bank and already rendered his service, the employer is bound to pay him for his services. It is a different issue that the person should not work there as that is assisting in sin. The employment itself and rendering services is a legitimate contract in the Shari’ah and the employee must be paid. Yes, the income will be contaminated (Karaahat) as the employment consisted of assisting in a wrongful act. In brief, the issue must be viewed from the initial and inception and also upon completion. A person should not work at a conventional bank as that will be assisting in sin. But if the person worked, he will be remunerated as that is a legitimate contract in Shari’ah.
and Allah Ta'ala Knows Best
Mufti Ibrahim Desai
INFO 2
BUSINESS MASAA’IL
The Qur’an and Hadith are explicit with regard to the prohibition of interest. Rasulullah SAW is reported to have said:
“May the curse of Allah Ta’ala be upon the one who consumes interest, the one who pays interest, those who witness the interest transactions and those who record it.” (Mishkaat)
Thus the warning in this Hadith is severe.
Yet transactions in interest have become extremely widespread. However, it is tremendously pleasing to note that many people are concerned about their Imaan and wish to save themselves from any involvement in interest. Thus a group of accountants formulated some questions on interest related matters and submitted them to Mufti Taqi Usmani DB in order to determine the definite Islamic position on these matters. Selected questions have been published for the benefit of other people involved in similar situations.
In addition, we like to point out that the Madrasah consults Mufti Taqi Usmani DB on a number of Juristic matters.
Respected Mufti Taqi Usmani DB,
Assalaamu’alaikum Warahmatullahi Wabarakatuh
As accountants we are faced with a moral dilemma with regard to certain aspects of our work. Thus we write to you seeking guidance in this matter. Please advise us with regard to the following:
According to the well known Hadith, Rasulullah SAW has invoked the curse of Allah Ta’ala upon four categories of people due to their association with interest. Among them is the one who has written the interest transaction.
Concerning the above, what is the position of an accountant who prepares the financial statements of clients?
In the course of this preparation, he has to record amongst other transactions, the interest transactions of his clients in their books. It should be noted that he is generally never present at the time of the transaction (except rarely which also can be avoided). Does the accountant in the course of recording such interest in the financial statements of clients also fall within the ambit of this Hadith? The accountant in reality merely prepares an analysis of the year’s transactions and reports on the profit / loss and the assets and liabilities of the business i.e. the financial position of the business for / at a particular period.
Hereunder are some of the different types of transactions which accountants routinely record. Please advise us with regard to each one of them as to whether they fall within the ambit of the said Hadith.
LETTER
(mafhum)
Question 1
An accountant is working for a company. The company charges its debtors interest on their overdue accounts. The accountant is instructed by the directors, as part of his functions, to make appropriate entries in the records of the company in terms of which interest is charged on certain overdue accounts. The question arises whether it is permissible in Shari’ah for such an accountant to:
· Become involved in this manner in the charging, recording and execution of interest on overdue accounts.
· Remain employed with such an employer who charges interest on overdue accounts.
· Receive a salary which is considered as Halal in Shari’ah from such a company, a small portion of whose income is represented by interest collected from debtors.
Question 2
The accountant working for a company writes the cheques of the company. At times the amount recorded on the cheque includes an amount of interest. What is the position of the person who issues out such cheques? Also what is the position of the signatories to such cheques? It must be noted that the accountant himself was not an original party to the transaction of loan which gave rise to the interest obligation. In certain circumstances, even the signatory was not an original party to the transaction.
Question 3
A motor vehicle salesman sells a vehicle to a customer. The customer finances the vehicle through the bank upon which he pays interest. The salesman in most instances has to assist the customer in completing the application for finance to the bank by filling in the details on behalf of the customer. Some application forms also have a place for the signature of the person who assisted the customer in completing his application. Will this assistance to the customer be prohibited? Does the salesman also become a witness to this interest transaction merely by assisting to complete the application? It should be noted that the financing transaction is distinct from the sale transaction and it is solely between the customer and the bank.
Question 4
A client comes to the accountant seeking advice of the best option with regard to undertaking a certain business venture or the acquisition/purchase of an asset. Among the various options which the accountant advises him on is the position of financing via a bank whereupon he will be charged interest. What is the position of advising with regard to such an option? If the client is a non-Muslim, will it make any difference?
Question 5
A person working for a non-Muslim company invests surplus funds, on instruction, in interest bearing securities. What is his position in relation to the said Hadith?
Question 6
If the client’s business activities are mostly of a nature which the Shari’ah has declared forbidden, such as he sells liquor, or trades in meat not slaughtered according to Islamic rites, can the Muslim accountant undertake to do his books?
Question 7
A Muslim accountant works for a non-Muslim company which deals generally in Halal merchandise, but also sells some Haram items, such as liquor, etc. Is he committing any Shari’i violation in recording the transactions pertaining to the Haram items?
Question 8
What advice can you give to accountants in general pertaining to their profession?
Submitted by: A Group of Sixteen Accountants
THE REPLY
(mafhum)
Respected Brothers
Assalaamu’alaikum Warahmatullahi Wabarakatuh
It is true that according to a well known Hadith those who invoke the curse of Allah with regard to a transaction of Riba (interest or usury) include a person ‘who has written the interest.
However, this Hadith refers to the scribe of the transaction i.e. a person who has written an agreement or prepared the document to evidence the transaction. It does not include a person who was not involved in the transaction itself in any way, but while preparing the accounts of a person, has come across reference to the Riba transaction and has recorded it as an event that has already happened without his involvement. This is how the scholars have interpreted the Hadith:
Al-Ubbi, the famous commentator of Sahih Muslim has explained the Hadith in the following manner:
“By the word ‘writer of Riba’ the Hadith intends the scribe of the document evidencing the transaction of Riba, and by the word ‘witness’ it means a person who attended the occasion to become a formal witness in support of the transaction. The Holy Prophet SAW has held them all as equal in sin because the transaction took place only with their joint efforts.”
It is evident from these references that it is the writing of the document of Riba which invokes the curse of Allah and not its subsequent recording in a statement of the facts that already happened. Therefore, the case of an Accountant of a firm or a company is different from the person who is directly responsible for the operation of interests.
Answer 1
So far as the Accountant is not involved in charging interest, claiming it from the debtor or pursuing him for that matter, merely making entries in the books of account will not make him liable to fall within the ambit of prohibition stipulated in the Hadith. Unless the major part (at least 51%) of the company is Haram it is not prohibited to draw salary for permissible services rendered to that company.
Answer 2
If the cheque is intended to be written or issued exclusively for the payment of interest with a clear statement that this should settle the amount of interest due on the issuer of the cheque, it is not permissible for any person to write or issue such a cheque. However, if the cheque is issued for the settlement of different liabilities of which interest is also a part then the issuance or writing of such a cheque cannot be termed as absolutely prohibited. This applies to both issuer and the signatories of the cheque.
Answer 3
Of course, any assistance provided to the customer for obtaining an interest bearing loan, including the filling of the application form for the loan, is not permissible according to Shari’ah and it does fall within the scope of the warning of the Hadith.
Answer 4
A Muslim cannot advise anyone to opt for a financing option based on interest. The mere fact that the rental in a lease contract has been based on the market rate of interest does not render the transaction unlawful. However, there are certain other conditions which must be fulfilled for a valid lease transaction that cannot be summarised in this letter.
Answer 5
As mentioned earlier, direct involvement of a Muslim in a transaction of interest is prohibited and comes under the purview of the above Hadith. Therefore, it is not permissible for an employee of a non-Muslim to invest his surplus funds, on his instruction, in interest-bearing securities, because in this case the employee works as an agent for the employer which is a direct involvement in the transaction of Riba.
Answer 6
If most of the activities of a business are Haram, a Muslim should not take up the work for that business.
Answer 7
The answer to this question is analogous to question 1 i.e. so far as a Muslim is not involved in a prohibited transaction directly, merely recording that transaction in the books of account is not Haraam. However, a Muslim should avoid this also as far as possible.
Answer 8
My advice is to abide by Shari’ah in every walk of life.
Mufti Taqi Usmani DB
Trust is very important in our daily life. If people trust one another and if they act accordingly, they will live in peace and harmony. If we trust one another but we do not act rightfully, we will create a state of anarchy, a state of confusion and a state of disturbance in society.
Allah SWT has in fact commanded us to put our trust in Him. Allah SWT has demanded from us that we fulfil our trust, and ensure that we indulge in any dealings without ignoring trust. Allah SWT Himself fulfils His Promises, and He has commanded us to fulfil our own promises too.
Allah SWT has instructed us to fulfil our pledges, our promises and our commitments. Anytime we make a promise, we have to fulfil it in order to be considered among the Believers.
Indeed some of the characteristics of Believers are that - they fulfil their covenants, their promises and their agreements.
Allah SWT announces in the Qur'an:
"Those who faithfully observe their trust, and their covenants, and who strictly guard their prayers, these will be the heirs…" (Surah Al-Mu'minuun)
Let us also point out that our beloved Prophet Muhammad SAW was called - "Al-Amin", meaning - "The Trustworthy One". It is knowne and preserved in the Seerah of Rasulullah SAW that he has always fulfilled all of his promises from his childhood until his death. The Prophet Muhammad SAW never betrayed anyone; and he never lied in his life. Rasulullah SAW was the best example to Mankind.
Indeed, we have been informed by our beloved Prophet Muhammad SAW, that whoever does not fulfil his promises - does not have faith and does not have religion.
The Prophet Muhammad SAW said:
"There is no faith for the one who has no trust, and there is no religion for the one who does not fulfil his promises."
In another Hadith our Prophet Muhammad SAW said that whoever does not fulfil his commitments, pledges and promises is considered to be a Munafiq (hypocrite).
Abu Hurairah RA narrates that the Prophet Muhammad SAW said:
"The signs of a Munafiq are three - Whenever he speaks, he lies. Whenever he promises, he breaks his promises. And whenever he has been entrusted, he betrays his trust: (and this is so) even if he fasts and prays and even if he claims that he is a Muslim."
This is indeed a grand advice as well as a heavy admonishment. So let us thus observe and fulfil our promises. Whenever we make a promise, we must try to carry out our promise perfectly and on time so that we may have the chance to be considered among the Believers. Don't we want this brothers and sisters? To be ranked amongst the Mu'mineen? What could be higher than this? So, let us not break our agreements, our promises, our pledges and our contracts. As soon as possible, and in the best way - we try to fulfil them.
Indeed, the Wrath of Allah SWT will fall on those people who say - "tomorrow I'll fulfil" - but the promise as to that particular "tomorrow" never comes; and the promise remains unfulfilled.
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.
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)
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)
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)
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)
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.
Amongst the various types of contracts, the most important and the most common one is the contract for trading. Due to the fact that it is needed and used by most people, therefore it is important to give special attention to the rules of Shari'ah concerning it.
Definition of the Trade Contract
The Shafi'i definition: It is the exchange of a wealth with another wealth for the purpose of ownership.
The Hanafi definition: It is the exchange of a specific wealth with another wealth.
The Maliki definition: It is an exchange contract that excludes services and temporary benefits.
All these definitions means that there should necessarily be an exchange of wealth for the purpose of ownership, that buying and selling include only what is defined as wealth in the Shari'ah, and also that there should necessarily be a transfer of ownership, and that this transfer should not be temporary but definitive.
It's Legitimacy
Trade is a legitimate transaction according to the Shari'ah, and the proofs of its legitimacy are in the Qur’an, the Sunnah, and the Consensus of Scholars.
Some of the proofs in the Qur'an are:
"Whereas Allah has permitted trading and forbidden ribaa (usury, interest)." (Surah Al-Baqarah: Ayat 175)
"But take witnesses whenever you make a commercial contract." (Surah Al-Baqarah: Ayat 282)
"Except it be traded amongst you by mutual consent." (An-Nisaa: Ayat 29)
"There is no sin on you if you seek the Bounty of your Lord (during Hajj by trading." (Surah Al-Baqarah: Ayat 198)
The proofs in the Sunnah are numerous; below, a few are described:
"The best of earning is that of a man who works with his own hands, and a blessed trade." (Ahmad, Hakim)
"Trading is by mutual consent." (Ibn Majah, Bayhaqi)
Also trade was very common before the advent of Islam, and the Prophet SAW approved of it later on and said:
"The honest trustworthy merchant will be with the prophets, the siddiqeen (the very honest), and the martyrs in the Hereafter." (Tirmidhi)
As for the consensus: the whole Ummah, since the time of the Prophet Muhammad SAW has agreed that trade is allowed and is a necessity for humankind, therefore, Allah Ta'ala, has made it allowable to lift up the hardship on them.
It's Rule
In principle, trade is permissible, as Imam Shafi'i RA said:
"All trades are in principle permissible if the mutual consent of the contractors is achieved, except what has been prohibited by the Messenger of Allah SAW."
Its permissibility is stated in the Qur’an:
"Allah has permitted trading." (Surah Al-Baqarah: Ayat 175)
"Except it be a trade amongst you by mutual consent." (Surah An-Nisaa: Ayat 29)
Wisdom Behind It
People are in need of various goods, and since they cannot produce all the goods they need by themselves, it is necessary that they exchange goods between themselves, and this exchange does not occur unless there is mutual consent. This mutual consent is the trade contract.
Likewise, a person may have the money but needs the goods, or vice versa. The transfer of possession of the goods or of the money cannot take place except with a trade contract.
Insaan by instinct seeks to fructify his / her wealth and to achieve more financial gain; trade, not ribaa, is the sound way to achieve this goal.
Elements of the Trade Contract
As in any financial contract the trade contract must have certain basic elements which must satisfy certain conditions for it to be valid according to the Shari'ah.
These elements are:
1. The formulation (the offer and the acceptance)
2. The contractors (the person making the offer, and the person making the acceptance)
3. The object of the contract (the price and the assessed item/items)
Allah SWT has prohibited aggression against the properties of other people and against taking it without rightful cause, and held as liable any person who damages other people's properties without rightful cause even if it were done by mistake. Therefore, anyone who damages the lawful property of the others without their permission will be held liable for retribution.
Imam Ibn Qudamah RA said:
"We are not aware of any dispute among scholars regarding this ruling which applies equally to the damage that is caused intentionally, neglectfully or if the person responsible for the damage is of legal age or not."
This ruling applies also to the person who did not directly cause the damage but was an accessory to it. Furthermore, all involved in the following example cases are liable for retribution:
1. Opening a locked door and as a result a stored-in property is lost.
2. Unsealing a container and as a result the contained product is damaged.
3. Untying an animal or, tying it, and as a result the animal strayed away and was lost or was hurt.
The same ruling applies when a person parks a car in a road and as a result another car or a pedestrian collides with it and damage resulted because of that. All of these people are liable for retribution.
They are liable based on the following hadith:
"Whoever places an animal in the passing road of Muslims or in a market place of theirs where it caused damage to the property of others with its forelegs or behind legs is liable for retribution." (Ad-Daraqutni and others)
All people, in these cases, are liable for retribution because of their neglect and aggression.
These days, these acts happen quite often by many inconsiderate people. It is common for people to drill holes or place obstacles in the road causing its closure and plenty of harm to others while feeling free of any liability. It is acceptable to these inconsiderate people to takeover a road and use it as if its their own property, to disturb and harm pedestrians without any remorse or feeling of guilt.
The ruling of retribution also applies to cases when a vicious dog owned by a person attacks and bites pedestrians. Similarly, when someone drills a well in his own yard he must take all possible precautions as to cause no harm to passing-by pedestrians, otherwise he will be held liable for retributions if someone is hurt as a result of his negligence. And those who own livestock must watch over them during nighttime to insure that they do not cause any damage to other peoples' plantations because if they do not then they will be held liable for any damage they cause to others.
These neglectful people are held liable because the Prophet Muhammad ruled tha:
"...It is the duty of the owners of the plantations to safeguard their plantations during daytime and that they are entitled for retribution for the damage that is caused by livestock during nighttime." (Ahmad, Abu Dawud and Ibn Majah).
The owner of the livestock, however, is not liable for the damage caused by his livestock during daytime unless he unleashes them to pasture or wander close to things that are typically damaged by livestock.
Imam Al-Baghawi RA said:
"Scholars say that owners of the livestock are not liable for damages caused to the property of others during daytime by their unleashed livestock. However they are liable for the damage if caused during nighttime because it is the common custom of the plantations' owners to safeguard their plantations during the daytime and the custom of the livestock's owners to safeguard their animals during nighttime. Therefore if someone were to do the opposite of this common custom, he will be held liable for the damage caused by his livestock. This ruling stands true only if the owner of the livestock is not in the company of his animal. He will, however, be liable for retribution if the animal causes damage while in his company."
Allah SWT has told us about the story of the Prophets - Dawud AS and Sulaiman AS:
"And remember Dawud and Sulaiman, when they gave judgement in the case of the field in which the sheep of certain people had pastured at night and we were witness to their judgement. And we made Sulaiman to understand (the case), and to each of them We gave Wisdom and Knowledge." (Surah 21: Ayat 78~79)
Ibn Taymiyyah RA commented on this:
"It has been confirmed in the Qur'an that Allah has praised Prophet Sulaiman (AS) for his understanding that retributions are to be equal to the amount of the damage. In this case the sheep pastured during nighttime in the vineyard of the others and caused damage. Prophet Dawud (AS) ruled that the owners of the sheep are liable for the amount of the damage and ordered them to transfer their sheep to the owners of the vineyard because the market value of the sheep was equal to the damage. On the other hand, Prophet Sulaiman (AS) ruled that they are liable for equal restoration. He ordered them to restore the vineyard as it was before the damage and during the time of restoration they were responsible for the value of the lost harvests. Therefore he handed over the sheep to the owners of the vineyard to use their offspring for their profit as a makeup for the loss of their produces. He weighed the two goods and found them to be equivalent to each other. This is the knowledge which Allah favoured Sulaiman (AS) with and praised him for his comprehension."
The ruling of retribution does not apply to the person who damages unlawful things such as musical instruments, containers of alcoholic beverages, books of falsehood, pornography, myths and superstition, etc.
This is based on the authentic hadith reported by Ahmad on the authority of Abdullah ibn Umar RA that the Prophet SAW ordered him to take a knife and to go to the marketplaces of Madinah where there were containers of alcoholic beverages, brought from Syria. These containers were slashed open in his presence and he ordered his companions to do same thing.
This hadeeth proves that damaging such products is required and no liability applies to the person damaging them. However, these unlawful products must be destroyed by permission from legal authority and under its supervision. This is important to protect the interest of the society and to prevent self-interest motivated corruption.
The following are frequently encountered issues for authors and software developers:
"Can we register a book under the Copyright Act which bars the people from publishing that book without the permission of the copyright holder?"
"If something is registered under the law of copyright, should we abide by the restrictions imposed by that law?"
"Can a copyright holder sell his right of publishing to another person, for a monetary gain?"
The question of 'copyright' is related to a wider concept, generally known as the concept of 'intellectual property'.
In previous times, the concept of ownership was confined to only tangible objects. The theory of 'intellectual property' contemplates that whoever applies his mental labour to invent something is the owner of the fruits of his labour. If a person has invented a certain instrument, he does not own that instrument only, but he also owns the formula he has used for the first time to invent it. Therefore, nobody can use that formula without his permission. Similarly, if a person has written a book, he is the exclusive owner of the right to publish it, and nobody has any right to publish that book without his permission. This right of an author or an inventor is termed as his 'intellectual property'. It is only implied in this theory that the owner of such rights can sell them to others like any other tangible objects.
The law of 'copyright' has come into existence in order to secure such rights and to give legal protection to this kind of property. It is obvious that the concept of intellectual property on which the law of copyright is based is a new phenomenon created by the rapid progress of industry and the means of communication. This concept is not expressly mentioned in the Holy Qur'an or in the Sunnah of the Holy Prophet SAW.
The acceptability or dissaproval of such new concepts which are not clearly mentioned in the original sources of Islamic Jurisprudence can only be inferred from the general principles laid down by the Shari'ah.
As the views of the jurists may differ while applying these principles to the new situations, there is always a wide scope of difference of opinion in such case. The question of 'intellectual property' has also been a subject of discussion among the contemporary Muslim scholars of Shari'ah whose opinions differ about its acceptability in Shari'ah.
The First View
A group of contemporary scholars do not approve of 'intellectual property'. According to them the concept of ownership in Shari'ah is confined to tangible objects only. They contend that there is no precedent in the Holy Qur'an, in the Sunnah or in the juristic views of the earlier Muslim jurists where an intangible object has been subjected to private ownership or to sale and purchase. They further argue that Knowledge in Islam is not the a property of an individual, nor can he prevent others from acquiring knowledge, whereas the concept of 'intellectual property' leads to the monopoly of some individuals' knowledge, which can never be accepted by Islam. This is the first view.
The Second View
On the other hand, some contemporary scholars take the concept of 'intellectual property' as acceptable in Shari'ah. They say that there is no express provision in the Holy Qur'an or in the Sunnah which restricts the ownership to the tangible objects only. There are several intangible rights accepted and maintained by the Shari'ah, and there are several instances where such intangible rights have been transferred to others for some monetary considerations. They contend that the concept of 'intellectual property' does in no way restrict the scope of knowledge, because the law of 'copyright' does not prevent a person from reading a book or from averting of a new invention for his individual benefit. On the contrary, the law of 'copyright' prevents a person from the wide commercial use of an object on the ground that the person who invented it by his mental labour is more entitled to its commercial benefits, and any other person should not be allowed to reap the monetary fruits of the former's labour without his permission. The author of a book who has worked day and night to write a book is obviously the best person who deserves its publication for commercial purposes. If every other person is allowed to publish the book without the author's permission, it will certainly violate the rights of the author, and the law of copyright protects him from such violation of his rights.
Conclusion
The consensus of the traditional Ulama of the Ahlus Sunnah Wal Jamaah in this day and age, who are experts and specialise in Islamic Jurisprudence matters related to finance say that both of these views have their own arguments.
Generally, the second view is more preferred over the first, meaning, thereby that a book can be registered under the Copyright Act and the right of its publication can also be transferred to some other person for a monetary consideration. Coming to the question of restrictions imposed by the law - if the law of copyright in a country prevents its citizens from publishing a book without the permission of the copyright holder, all the citizens must abide by this legal restriction.
The reasons are manifold: Firstly, it violates the right of the copyright holder which is affirmed by the Shari'ah principles also according to the preferable view, as mentioned earlier. Secondly, the views of contemporary scholars are different on the concept of 'intellectual property' and none of them is in clear contravention of the injunctions of Islam as laid down in the Holy Qur'an and Sunnah. In such situations, an Islamic state can prefer one view over the other, and if it does so by a specific legislation, its decision is binding even on those scholars who have an opposite view.
It is an accepted position in Islamic jurisprudence that the legislation of an Islamic state resolves the juristic dispute in a manner not expressly mentioned in the Holy Qur'an or in the Sunnah.
Therefore, if an Islamic state promulgates a law in favour of the concept of 'intellectual property' without violating any provision of the Holy Qur'an and Sunnah, the same will be binding on all its citizens.
Those who have an opposite view can express their standpoint as an academic discussion, but they cannot violate the law of the land in their practice.
Thirdly, even if the government is not a pure Islamic government, every citizen enters into an express or a tacit agreement with it to the effect that he will abide by its laws insofar as they do not compel him to anything which is not permissible in Shari'ah. Therefore if the law requires a citizen to refrain from an act which was otherwise permissible (not mandatory) in Shari'ah he must refrain from it.
Even the scholars who do not accept the concept of 'intellectual property', do not hold the view that it, is a mandatory requirement of Shari'ah to violate the rights recognised by this concept. Their view is that it is permissible for a person to publish a book without its author's permission. Therefore, if the law prevents them from this 'permissible' act, they should refrain from it as their agreement of citizenship requires them to do so. Therefore, it is necessary for every citizen to abide by the law, of copyright unless it compels a person to do an impermissible act or it restrains him from a mandatory act under the Shari'ah.
(gist of explanation by Mufti Taqi Uthmani)
