Chapter 2
Transactions
General
21290: Ruling on offering congratulations at the
beginning of the Hijri year
Question:
What is the ruling on offering congratulations on
the occasion of the Hijri new year and saying "Kull `aam
wa antum bi khayr" or praying for blessing, or sending a
card with best wishes for blessings in the new year?
Answer:
Praise be to Allaah. Shaykh Muhammad ibn Saalih
al-`Uthaymeen (may Allaah have mercy on him) was
asked: What is the ruling on congratulating people on
the occasion of the Hijri new year, and how should one
reply to a person who offers congratulations?
He replied:
If someone offers you congratulations, then respond
to him, but do not initiate such greetings. This is the
correct view concerning this matter. So if a person says to
you, for example, "Happy New Year", then you can say,
"May Allaah make it a good and blessed year for you." But
you should not initiate such a greeting, because I do not
know of any report that the salaf [early generations of
Islam] congratulated one another on the occasion of the new
year, rather the salaf did not regard the first of Muharram
as the first day of the new year until the caliphate of
`Umar ibn al-Khattaab (may Allaah be pleased with him.
Shaykh `Abd al-Kareem al-Khudayr said
concerning offering congratulations on the occasion of the hijri
new year:
Praying for another Muslim in general terms, in
phrases that are not meant as a kind of ritual on special
occasions such as Eid, is acceptable, especially if what is meant
by this greeting is friendship and to show a friendly face
to one's fellow Muslim. Imaam Ahmad (may Allaah
have mercy on him) said: "I do not initiate the greeting but
if someone greets me I return the greeting,
because responding to the greeting is obligatory. But being
the first to offer congratulations is neither Sunnah
nor forbidden. Islam Q&A
(www.islam-qa.com)
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20279: Working as a sales agent
Question:
Is working as a commission agent for any halal trade
is consider halal in islam.
Answer:
Praise be to Allaah. If the matter is as you describe,
then this work is permissible and there is nothing wrong
with taking this commission in return for your efforts in
finding customers.
We will quote to you a fatwa of the Standing
Committee for Issuing Fatwas concerning a similar case:
Question:
I am the owner of a trade office and I work as an
agent and go-between for some foreign companies
that manufacture permissible kinds of clothing and
foods. These companies send samples of what they
manufacture, along with the price of each item, and I show
these products to dealers in the marketplace. I sell them to
them at the price stated by the company, in return for
a commission from the manufacturing company,
according to my agreement with them on the rate of commission.
Is there any sin in that?
The Committee replied:
If the situation is as described, it is permissible for you
to take that commission and there is no sin on you.
Fataawa al-Lajnah al-Daa'imah, 13/125.
Islam Q&A (www.islam-qa.com)
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13743: Ruling on discount cards
Question:
Some companies and hospitals issue discount cards.
This is a card which is given to whoever wants one in
return for a sum of money paid annually, and the carrier of
the card can get some discounts or free examinations
during the year. If after one year he has not used the card,
he does not have the right to ask for the money that he
paid to be returned.
Answer:
Praise be to Allaah. Shaykh Ibn Baaz (may Allaah
have mercy on him) was asked about the ruling on issuing
these cards and dealing in them.
He replied:
This is not permissible, because it involves
ambiguity, gambling and a great deal of risk, so we should avoid
it. And Allaah is the source of strength,
Fataawa Ibn Baaz, 19/58. (www.islam-qa.com)
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21980: Commission
Question:
I took a customer to a factory or store to buy a
product, and the owner of the factory or store gave me
a commission for bringing him a customer. Is this
money (the commission) permissible?
If the owner of the factory adds a specific amount
for each piece that the customer takes, and I take this
extra amount in return for the customer buying this product,
is that permissible? If it is not permissible then what is
the kind of commission that is permissible?
Answer:
Praise be to Allaah.
If the factory-owner or shopkeeper gives you part of
the money from each product that is sold through you,
in payment for your efforts to find him customers, and
this money is not added to the price of the product and
that does not cause problems to others who sell the
same product, and this factory or store sells it for the same
price as others, then this is permissible and there is
nothing wrong with it.
But if this money that you take from the owner of
the factory or store is added to the price paid by the
purchaser, it is not permissible for you to take it and it is
not permissible for the vendor to do that, because this
is harming the purchaser by making him pay a higher price.
And Allaah is the Source of strength. May Allaah
send blessings and peace upon our Prophet Muhammad
and his family and companions.
Fataawa al-Lajnah al-Daa'imah, 13/130
(www.islam-qa.com)
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13262: When should orphans be given their wealth?
Question:
When it is permissible for the guardian of orphans to
give them their wealth?
Answer:
Praise be to Allaah.
It is not permissible for guardians of orphans to give
them their wealth until he feels that they have become
mature, i.e., that they will conduct their affairs well and not
spend it on haraam things. The time for giving it to them is
not when they reach adolescence, rather it is when he
feels that they have become mature after they
reach adolescence. Allaah says (interpretation of the meaning):
"And try orphans (as regards their intelligence) until
they reach the age of marriage; if then you find
sound judgement in them, release their property to them"
[al-Nisa' 4:6]
A person is no longer considered to be an orphan once
he reaches adolescence, and adolescence is recognized by
a number of things: the growth of coarse hair in the
pubic region, reaching the age of fifteen, and emitting
maniy (i.e., reaching sexual climax) whether awake or asleep.
It is the same for both men and women, except that
there are two additional signs in the case of women,
namely menstruation and pregnancy. It says in
al-Mughni (2/139): "Adolescence is reached when a person experiences a
wet dream, or reaches the age of fifteen, or grows coarse
hair in the pubic region. In the case of girls there are
two additional signs: pregnancy and menstruation."
Shaykh Muhammad ibn Ibraaheem in al-Fataawa al-Jaami'ah li'l-Mar'ah al-Muslimah, part 3, p. 1129
(www.islam-qa.com)
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14042: Prisoner giving a blood sample to the
state authorities for testing
Question:
A prisoner is asking if he can give blood to be tested
by the state so that the state will have a record of all
the different blood types of past criminals.
Answer:
Praise be to Allaah.
It does not seem that those who commit crimes have
the same type of blood, so there is no connection
between blood type and human behaviour. All kinds of people
_ good and bad _ share blood types.
What we advise this prisoner to do is to repent to
Allaah from whatever crime he has committed, and to
restore people's rights if he has wronged anyone, and to
make the most of his life before he dies and of his good
health before he falls sick, and to hasten to repent to Allaah.
For Allaah will accept the repentance of His slave when
he repents, and will forgive him his sins.
There is nothing wrong with giving a blood sample to
the state from the point of view of sharee'ah, so long as
it will not be put to a bad use and rather it will be used
for prisoner records. But the prison administration should
be notified that the reason for criminality is not blood
type, rather it is corruption of the heart and mind, and
growing up with crime and continuing in it.
If they want to deal with it, then they should tackle
the root of the problem by looking for the motives to
commit crime and the reasons why it develops, then try to put
a stop to it and to reform the criminals. There is
nothing better than Islam for dealing with that.
And Allaah is the Guide to the straight path.
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid
(www.islam-qa.com)
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26344: How to take possession of lands that do not
belong to anyone
Question:
The tribes in the south of the Kingdom of Saudi
Arabia used to control the mountainous lands before
the establishment of the municipalities that now control
those lands according to the system of the state, and the
tribes no longer have any control over them.
The question is:
What is the ruling on taking possession of these lands
by reviving them in the manner described in
sharee'ah, despite the objections of some members of the tribe
to those who tried that? They were formerly partners in
those lands, especially before the state took them over, and
some of them are able to revive those lands and some are
not. Please note that revival of the land should have
taken place before 1382 AH according to the system of
the Ministry of Justice.Thank you.
Answer:
Praise be to Allaah.
The correct view is that reviving the land entitles a
person to take possession of it at any time, because of the
general meaning of the words of the Prophet (peace and
blessings of Allaah be upon him): "Whoever revives dead land,
it is his." Some of the scholars, such as the Hanafis,
stipulate that the permission of the ruler is essential. This is
what is known as allocation of land, which the Prophet
(peace and blessings of Allaah be upon him) used to do,
whereby he would give a piece of a land to a person to make use
of it. In this case, whoever revived some land before
1382 AH, it is his, and whoever revived land with
the permission of the ruler after 1382 AH, it is his. With
regard to those tribes, if they had taken possession of the land
by reviving it in the past, then they are more entitled to
it because of their previous ownership. But if they did
not revive it and it was simply part of their village, then
they have the right to prevent anybody else from reviving it
if that serves the interests of their village, so they leave it
as vacant land for recreational purposes, or leave it for
future development. In that case if someone revives it, that
will adversely affect them, so they can ask the government
to ban anybody from reviving it, even if the people who
want to revive it are from the same tribe. This is in order
to ward off harm. But if it will cause no adverse effects
and the land is far away from the town, and no one will
be affected and the ruler has given permission, then it
is permissible for others to take possession of it, and
they have no right to object. If they want to have it
for themselves, then they have to ask the state for that
because they have more right to it and they do not want
people who are not of their tribe to live near them. In that
case the decision rests with the state.
Shaykh `Abd-Allaah ibn Jibreen (www.islam-qa.com)
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20769: Using the services of another bank
Question:
If the customer of one bank uses the machine of
another bank, the second bank takes a certain amount of
money from that person's bank in return for his using
their machine. Is there anything wrong with that?
Answer:
Praise be to Allaah.
There is nothing wrong with that because this is
in payment for using the machine. It is as if they are
saying, we will serve your customer for you in return for
this amount of money.
Shaykh Ibn Jibreen (www.islam-qa.com)
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