Chapter 1
Transactions
Employment for a Salary:
General
49677: Where should he deposit his money in these
times when riba is so widespread?
Question:
Where should I deposit my money in an age when
people have become so negligent and the banks are
dubious because of riba, and we have no Islamic banks and
keeping the money at home is not safe? I want to deposit my
money in a place that is permissible, without committing
any sin. And I want to invest it and pay zakaah on it,
otherwise it will get used up and the amount of zakaah will
be reduced.
Answer:
Praise be to Allaah.
Depositing one's money in a riba-based bank helps
the bank to deal in riba; this applies even if you do not
get any interest on your deposit.
If you do get interest, this is the riba that is forbidden
by Allaah and His Messenger. The Messenger of
Allaah (peace and blessings of Allaah be upon him) cursed
the one who consumes riba and the one who gives it.
Whoever has wealth that he wants to save or invest
should look for a permissible way of doing so. He may give
the money to a trustworthy man to do business with it
for him, and they can share the profit in whatever
manner they agree upon.
If he cannot find any way to save it other than
depositing it in the bank, then there is no sin in that if it is done
out of necessity, so long as that does not involve any interest.
He should choose the least evil of the banks, and the
one that is closest to the way of dealing that is prescribed
in sharee'ah.
Shaykh `Abd al-`Azeez ibn Baaz (may Allaah have
mercy on him) said:
With regard to depositing money in bank accounts
that pay interest monthly or annually, this is a kind of
riba that is forbidden according to scholarly consensus.
With regard to depositing it without interest, it is better not
to do that except in cases of necessity if the bank deals
with interest, because depositing money with the bank,
even if no interest is paid, helps the bank to engage in its
riba-based transactions, so there is the fear that the one
who does this may come under the heading of those who
help others in sin and transgression, even if he does not
intend to do so. We must beware of that which Allaah
has forbidden and look for sound ways of preserving
and disposing of wealth. May Allaah help the Muslims to
do that which will lead to their happiness and victory
and salvation. May He help them to quickly establish
Islamic banks that are free of riba, for He is Able to do that.
May Allaah send blessings and peace upon our
Prophet Muhammad and his family and companions.
Fataawa Ibn Baaz, 4/30, 311
See also question no. 22392
And Allaah knows best.
Islam Q&A (www.islam-qa.com)
Our Price: $10.50 Pages: 396 Downloadable 
45018: Should he accept his father's money that
was earned from haraam sources?
Question:
I hope you can advise me about this matter. I am a
young man, twenty-one years old. I am studying in
business college and my father works in tourism (in the
private sector, in one of the resort cities). He is an
electrical engineer and works in the village as the director of
the engineering department, which means that he is responsible for everything that has to do with
electricity, staring with light fixtures and ending with water
pumps, and including refrigerators for storing wine, lights
for dance halls, televisions, etc. He receives a high salary
for this work, four thousand Egyptian pounds.
As well as studying, I was also working in a restaurant
_ just because I liked the work, not because I needed
to. When I wanted to become independent and start a
small business of my own, I could not find anyone except
my father from whom to take the money I needed. But I
was not sure as to whether my father's money is halaal
or haraam, so I consulted one of the shaykhs who are
known to be of Ahl al-Sunnah, and he told me that as his
money is mixed, it is not permissible for me to take anything
of it except for essential things such as food, drink,
clothing and tuition fees. As for what I need as capital to start
my own business, it is permissible to take it from him as
a loan. But now my father wants to help me as a father,
and work alongside me in the store. Sometimes I would
leave the store to him and go and take care of the store's
needs and my own needs. In this way my father started to
learn about my work and was able to run the store by
himself. This is where the first problem arises … I used to
keep precise records of what I took from my father, but
since he joined me in the store, things have become mixed
up. My father sometimes takes money from his own
pocket and puts it in the till, or buys goods for the store from
his own pocket. This can be kept track of with a great deal
of effort, but what I cannot keep track of is the fact that
he may buy food for the house, then he finds that the
store needs it, so he brings some of what he bought for
the house and puts it in the store, without my knowledge
and without consulting me, and without telling me how
much it cost so I can repay him.
The second problem is that he is not happy with the
idea of my returning the money to him, he regards it as
my money and my brothers' money, and he is working
and bringing this money for us, so he will never accept
the money being returned to him.
The third problem is that he is not convinced that
his money is haraam _ if it is haraam. He thinks that it is
the kind of "necessity which means that forbidden things
are permitted" and his government job pays only 400
Egyptian pounds _ not the difference. We are a family of five,
two of whom are studying in university. He thinks that
the wealth of the state is all haraam because the state
deals with riba-based loans and imposes taxes and allows
trade in alcohol, so everyone who works has some
haraam element in his income. My question now is:
1- What is the ruling on my father's wealth? Does
the principle of "necessity which means that forbidden
things are permitted" apply here? If that is the case, is
it permissible for us to make use of his haraam
earnings because he is looking after us?
2- How can I work out how much money my father
has contributed to my business, when he himself does
not know how much it is?
3- How can I return this money to him _ if I have to
return it _ if he refuses to take it? Is it permissible for me
to insist and to pay back the debts I owe to the people
to whom it is owed?
4- What is permissible to me of my father's wealth? If
he dies, is it permissible for me to inherit his wealth?.
Answer:
Praise be to Allaah.
Undoubtedly working in the tourist industry as it
exists at present, especially in your country, involves a lot
of things that go against sharee'ah, such as mixing,
tabarruj (wanton display of women), alcohol and other
haraam things. As this is the case, part of your father's wealth
is haraam. This is what the scholars call mixed wealth.
The scholars have stated that if a person has mixed
wealth that includes both halaal and haraam, it is permissible
to eat from his wealth and it is permissible to deal with
him in all ways, but it is better to be cautious.
With regard to your father claiming that this is a
necessity, that is not correct, because there are many means
of earning a halaal living. Allaah says (interpretation of
the meaning):
"And whosoever fears Allaah and keeps his duty to
Him, He will make a way for him to get out (from
every difficulty).
3. And He will provide him from (sources) he never
could imagine" [al-Talaaq 65:2-3]
If a person makes this claim, then soon he will claim
that he can do all kinds of haraam things because of necessity.
You should understand that there are severe
consequences to consuming haraam wealth, even if that is only that
one's du'aa's are not answered, as it says in Saheeh
Muslim, that the Prophet (peace and blessings of Allaah be
upon him) said: "Allaah is Good and only accepts that
which is good…" and he mentioned a man who has
been traveling for a long time and is unkempt and covered
with dust, and he raises his hands to the heavens (and
says), "O Lord, O Lord," when his food is haraam, his drink
is haraam, his clothes are haraam, and he is nourished
with haraam, so how can he receive any response?
Narrated by Muslim, no. 1015.
The wealth that your father has acquired through
the haraam job is described by the scholars as wealth that
is haraam because of the way in which it was acquired,
i.e., he earned it in a haraam manner. Some scholars are
of the view that this wealth is haraam only for the one
who earns it, but for the one who takes it from him in
a permissible way, it is not haraam for him, such as if
your father gives you a gift or spends on you and so on.
Shaykh Ibn `Uthaymeen said: Some of the scholars
said that in the case of wealth that is haraam because of
the way in which it was acquired, the sin is only on the
one who earned it, not on the one who takes it in a
permissible way from the one who acquired it. This is unlike
wealth that is haraam in and of itself, such as alcohol,
wealth seized by force, and so on. This view has a strong
basis, because the Messenger (peace and blessings of Allaah
be upon him) bought food from the Jews for his family,
and he ate from the lamb that the Jewish women gave him
in Khaybar, and he accepted the invitation of a Jew,
even though it is well known that most of the Jews
consume riba and haraam wealth. Perhaps this view is
further supported by the words of the Prophet (peace
and blessings of Allaah be upon him) concerning the
meat that was given in charity to Bareerah: "It is charity for
her and a gift from her to us."
Al-Qawl al-Mufeed `ala Kitaab al-Tawheed, 3/112.
Shaykh Ibn `Uthaymeen said: With regard to that
which is haraam because of the way in which it is acquired,
such as that which is taken by means of deceit, or by means
of riba, or by means of lying and so on, this is haraam
for the one who acquires it, but it is not haraam for
anyone else if he acquires it from him in a permissible
manner. This is indicated by the fact that the Prophet (peace
and blessings of Allaah be upon him) used to deal with
the Jews even though they used to consume haraam
wealth and riba. This indicates that it is not haraam for
anyone other than the one who acquired it.
Tafseer Soorat al-Baqarah, 1/198.
Based on this, then you can inherit from your father
and you do not have to keep track of what he has
contributed to your business, or return what he contributed, but if
you are cautious about consuming any of his wealth as
much as you can, that is better.
And Allaah knows best.
For more information, see Ahkaam
al-Qur'aan [Qur'an, Quran] by Ibn al-`Arabi, 1/324;
al-Majmoo', 9/430; al-Fataawa al-Fiqhiyyah
al-Kubra by al-Bayhaqi, 2/233; Kashshaaf
al-Qinaa', 3/496, question no. 21701.
Islam Q&A
(www.islam-qa.com)
Our Price: $10.50 Pages: 396 Downloadable
45670: He used to take money without his
parents' knowledge; what should he do now?
Question:
I have a very important question, which I hope you
can answer. My father has a store in which he sells cards
for public telephones. Every time I needed a card I used
to tell my father or my mother that I was going to take
a card from the store and they would let me do that.
But there came a time when I needed a card nearly every
day. And I would take a card with the knowledge of the
clerk who was working in the store, but I did not tell my
father or mother, because I felt that they would never agree
to that. When I realized how wrong this was, I never
took anything without their knowledge after that. I
regretted what I had done and repented to Allaah.
Is repentance enough or do I have to tell them what I
was doing? Or can I at least take part of my own money
and give it to them without them knowing that it was me
who gave them this money, because I cannot tell them
openly? Can I give them the money until I have paid off what
I took, knowing that I do not know the true amount I
took because I took so many cards?.
Answer:
Praise be to Allaah.
We hope that when you used a lot of these cards it
was for good and permissible purposes, because if it was
used for the opposite then your using them will be
compounded by other sins too, so you should pay attention to this fact.
As you have acknowledged that you were wrong to
take these cards without your parents' permission, you
have to repent from doing that _ praise be to Allaah Who
has guided you to repent and regret your actions. But
you should understand that there are conditions for
repentance, which is not valid unless they are met. These
conditions include: immediately giving up the forbidden
action, resolving not to go back to it, and restoring
people's rightful property or seeking their forgiveness. You do
not have to tell your father what you did, rather what
you have to do is to return the money in whatever way
you can. You should try hard to figure out the value of
the cards you took without your father's permission, and
give this money to him.
We ask Allaah to accept your repentance and to
guide you to do righteous deeds. And Allaah knows best.
For more information see the answers to questions
no. 43100, 33858, 31234, 40157
And Allaah knows best.
Islam Q&A (www.islam-qa.com)
Our Price: $10.50 Pages: 396 Downloadable
45016: He stole from his father and brother, and
now regrets it
Question:
When I was a teenager, I used to take money from
my father and my older brother without their knowledge.
Now I regret what I did, and I am wondering whether I
should return the money to its owners, but I do not know
exactly how much I took.
Answer:
Praise be to Allaah.
What you did comes under the heading of stealing,
but you regret what you have done and the Prophet
(peace and blessings of Allaah be upon him) said: "Regret
is repentance." Narrated by Ahmad, 3558; Ibn
Maajah (4252; classed as saheeh by al-Albaani in
Saheeh Ibn Maajah. What is meant is that regret is the major part
of repentance.
Praise be to Allaah that you have been guided to
repent. Part of your repentance is returning things to their
rightful owners, or asking them to forgive you and let you off.
You have to figure out how much you took, and do
your best to work it out, then return it to your father and brother.
You do not have to tell them that you had stolen this
money from them, rather the point is to return the money to
its rightful owners in whatever way possible.
See also questions no. 31234 and
40157.
If you want to tell them what happened and ask for
their forgiveness, this will not harm you, in sha
Allaah, especially since you did this when you were a
teenager and Allaah has now enabled you to repent from it.
The Prophet (peace and blessings of Allaah be upon him)
said: "The one who repents is like one who did not
sin." Narrated by Ibn Maajah, 4250; classed as saheeh by
al-Albaani in Saheeh Ibn Maajah.
You must hasten to do that, because the Prophet
(peace and blessings of Allaah be upon him) said to
his companions one day:
"Do you know who is the one who is bankrupt?"
They said: "Among us, the one who is bankrupt is the one
who has no dirhams and no goods." He said: "Rather the
one who is bankrupt amongst my ummah is the one who
will come on the Day of Resurrection with prayer, fasting
and zakaah, but he will come having insulted this
one, slandered that one, consumed the wealth of this one,
shed the blood of that one and beaten this one, all of
whom will be given some of his hasanaat (good deeds), and
if his hasanaat run out before the scores have been
settled, some of their sins will be taken and thrown onto
him, then he will be cast into the Fire." Narrated by
Muslim, 2581.
We ask Allaah to accept your repentance, and to help
you to say and do the right thing.
And Allaah knows best.
Islam Q&A (www.islam-qa.com)
Our Price: $10.50 Pages: 396 Downloadable
34591: Accepting gifts and donations from haraam wealth
Question:
Some Muslims here in Britain accumulate their
wealth from both halaal and haraam sources, because they
are businessmen and some of the things in which they
deal are alcohol and pork. They vary in the extent to
which they do that. In some cases most of the person's
wealth comes from haraam sources, and in others only a little
of their earnings is haraam. Is it permissible for us
Muslims to mix with them and eat their food if they invite us? Is
it permissible for us to accept their donations from
this wealth for the mosque?.
Answer:
Praise be to Allaah.
Firstly: You have to advise them and warn them of
the evil consequences of dealing in haraam things
and acquiring wealth from haraam sources. You
should cooperate with your brothers among the righteous
to remind them and warn them of the wrath of Allaah
and the severity of His punishment of those who disobey
Him and wage war against Him by committing haraam
actions. You should teach them that the pleasures of this
world are few, and that the Hereafter is better and more
lasting. If they respond, then praise be to Allaah. In that case
they are your brothers in Islam. Then you should advise
them to return that which they took wrongfully to its
rightful owners, if they know who they are, and to follow
their bad deeds with good deeds, so that Allaah will
accept their repentance and turn their bad deeds into good
deeds. Then it will be permissible for you to mix with them
as your brothers in faith, and to eat their food and
accept their donations for building and furnishing the
mosque etc., because by repenting and returning to people
what is rightfully theirs as much as possible, their previous
sins will be forgiven, as Allaah says (interpretation of
the meaning):
"So whosoever receives an admonition from his Lord
and stops eating Ribaa, shall not be punished for the
past; his case is for Allaah (to judge)"
[al-Baqarah 2:275].
Secondly:
If they still refuse to heed advice and reminders, and
they persist in doing haraam things, then you have to
forsake them for the sake of Allaah, and not respond to
their invitations or accept their donations, as a rebuke to
them and, in the hope that this will deter them from
committing evil actions.
And Allaah is the Source of strength.
Fataawa al-Lajnah al-Daa'imah, 16/182-183. (www.islam-qa.com)
Our Price: $10.50 Pages: 396 Downloadable
40234: He told the students to pay money
towards classroom renovations and he gives them
grades accordingly
Question:
The teacher asked us to pay 30 riyals before the exam
for renovating the classroom, and he gave extra marks
for participation or extra marks in the exam if the
participation mark was already complete… and he claimed that this
is permissible because the extra marks were not on the
exam paper, rather it was in the final total of the marks and
the opportunity was available to all students. It was to be
paid before the exam and whoever was not able to pay
that money could have had the amount reduced and if he
was not able to pay at all, he could have been let off, so
he could still have the same advantage as the other
students had who did pay. Is what he did correct? Please give
a detailed reply, quoting evidence.
Answer:
Praise be to Allaah.
The teacher does not have the right to take anything
from the students, even if that this for the purpose of
renovating the classroom, because that is not the responsibility
of the students; rather it is the responsibility of the
school. This money in many ways is similar to the haraam
maks (customs levy or purchase tax) _ see question no.
39461 concerning the prohibition of the maks.
Marks for participation are only given to students for
their efforts and hard work in their studies, not for giving
money to the teacher! The same applies to grades in the
test, they should be based on what the student has written
on his test paper, and have nothing to do with renovation
or adornment of the classroom.
If the teacher gives marks to students in return for
them giving him money, this goes against the education
system and is also wronging people with regard to their
wealth, and exposing the poorer students to embarrassment
when they have to tell him that they cannot pay all or some
of the money.
The teacher has to fear Allaah and give each student
the grades that he deserves according to the education
system that is in place. He should not ask the students for
money, no matter how little.
The teacher should encourage the students to
donate money for repairs to the classroom, or for any
other charitable cause. That comes under the heading
of cooperating in righteousness and piety. It also makes
the students get used to spending money on charitable
causes. But that should have nothing to do with the grades
that the students get.
And Allaah knows best.
Islam Q&A (www.islam-qa.com)
Our Price: $10.50 Pages: 396 Downloadable
40245: He is trying to get out of paying back to
the property bank on the grounds that he has a right in
the bayt al-maal
Question:
Some people do not pay back the property bank on
the grounds that they have a right to the bayt al-maal of
the Muslims, but the state is not giving them their rights.
What is your opinion on that? We hope you will reply.
Answer:
Praise be to Allaah.
It is not permissible to try to get out of paying back to
the property bank, because that is a kind of betrayal
and transgression against the public wealth. Allaah
says (interpretation of the meaning):
"Verily, Allaah commands that you should render
back the trusts to those, to whom they are due; and that
when you judge between men, you judge with justice.
Verily, how excellent is the teaching which He (Allaah)
gives you! Truly, Allaah is Ever AllHearer, AllSeer"
[al-Nisa' 4:58]
And the Prophet (peace and blessings of Allaah be
upon him) said: "The Muslims are bound by their
conditions." Narrated by al-Tirmidhi, 1352; Abu Dawood,
3594; classed as saheeh by al-Albaani in Saheeh
al-Tirmidhi.
He (peace and blessings of Allaah be upon him) also said:
"I appoint a man among you to do work that Allaah
has appointed me to do, then he comes and says: `This is
your wealth and this is a gift that I was given.' Why doesn't
he sit in the house of his father and mother and see if he
is given anything? By Allaah, no one of you takes
anything unlawfully but he will meet Allaah carrying it on the
Day of Resurrection. I do not want to see any one of
you carrying a camel groaning or a cow mooing or a
sheep bleating when he meets Allaah." Then he raised his
arm (so high that) his armpit could be seen and said, O
Allaah, have I conveyed the message?"
Narrated by al-Bukhaari, 6578; Muslim, 1832.
The bayt al-maal (treasury) of the Muslims belongs to
all the Muslims, not just to a particular group of people.
Those who are in charge of it are simply entrusted with
looking after it and collecting it and distributing it to those
who are entitled to it. It is not permissible for anyone
to transgress against it or to take anything from it that he
is not entitled to. If we assume that there is someone
who does steal from it and transgress against it, it is
not permissible for us to join him in that grave sin. If it
were permissible to plunder and steal the wealth of the state
on the grounds that one is taking from the bayt al-maal,
there would be a great deal of evil, corruption, aggression
and wrongdoing, and all of them would be guilty of betrayal.
So beware of betrayal with regard to the public
wealth, for this is wrongdoing and aggression against all
the Muslims.
With regard to his saying that the state does not give
him his due from the bayt al-maal, even if this is true it
does not allow him to break the covenant that he took
upon himself when he signed the contract with the
bank, because breaking a covenant or contract
(`aqd, pl. `uqood) is a kind of betrayal, and Allaah says (interpretation
of the meaning):
"O you who believe! Fulfil (your) obligations (`uqood)"
[al-Maa'idah 5:1]
"Certainly Allaah likes not the treacherous"
[al-Anfaal 8:58]
And the Prophet (peace and blessings of Allaah be
upon him) forbade betraying the one who betrays you, so
how can you betray him when he has not betrayed you?!
He (peace and blessings of Allaah be upon him)
said: "Render back the trust to the one who entrusted it to
you, and do not betray the one who betrays you." Narrated
by al-Tirmidhi, 1264; Abu Dawood, 3534. al-Albaani said
it is a saheeh hasan hadeeth. Al-Silsilah
al-Saheehah, 423. and Allaah knows best.
Islam Q&A
(www.islam-qa.com)
Our Price: $10.50 Pages: 396 Downloadable
40468: Is it permissible for him to take the money left
over by the students after a trip because he was not
paid anything for supervising?
Question:
I am the manager of classes for Qur'aan [Qur'an, Quran]
memorization. During trips with the students the money is
sometimes more than is required for the trip. Is it permissible for
me to take this money, knowing that I am not paid
anything for my work with these circles? Is it permissible for
me to take what I need of this money or to take
something from the subscriptions paid by the students to join
these circles?.
Answer:
Praise be to Allaah.
You do not have the right to take anything from
this money, because you have been entrusted to spend it
for the purpose for which it was given, which is to take
the students on trips. So it is not permissible for you to
spend it on anything other than the purpose it was paid for.
Allaah says (interpretation of the meaning):
"Verily, Allaah commands that you should render
back the trusts to those, to whom they are due"
[al-Nisa' 4:58]
What you must do is to give the money back to
those who paid it, or keep it for them so that you can spend
it on the purpose for which it was paid. The fact that you
do not receive any salary or remuneration does not
allow you to betray the trust and consume wealth
unlawfully. You should ask for your right to be given something
in return for your work.
You do not have the right to take anything from the
fees paid for the study-circles either, for the reasons
stated above.
What you have to do is to fear Allaah and beware of
all haraam wealth. I ask Allaah to help you and guide
you and to grant you plentiful provision.
And Allaah knows best.
Islam Q&A (www.islam-qa.com)
Our Price: $10.50 Pages: 396 Downloadable
46645: He is not going to be transferred, so should he
take the relocation costs?
Question:
I work in a government department, and I was going
to be transferred but then the transfer did not take
place. Despite that I was still paid the relocation costs. Should
I take this money and spent it on things that are just
for work? Please note that I am a secretary for a
department head and sometimes I need money for things that
are required for work. Or should I leave it, knowing that
it has been allocated in the budget in my name, and all
I have to do is go and collect it? Please advise me,
may Allaah reward you with good.
Answer:
Praise be to Allaah.
It is not permissible for you to take the relocation
costs when you are not going to relocate. What you have to
do is to leave that money alone and not collect it. You
also have to tell the people in charge that you are not
entitled to this money. Perhaps by doing that you will set a
good example to your colleagues.
Strive to ensure your food is good [from halaal
sources], for Allaah has enjoined upon the believers that which
He has enjoined upon the Messengers, which is to eat of
good [halaal] things and to do righteous deeds. Allaah
says (interpretation of the meaning):
"O (you) Messengers! Eat of the Tayyibaat [all kinds
of Halaal (lawful) foods which Allaah has made lawful
(meat of slaughtered eatable animals, milk products,
fats, vegetables, fruits)] and do righteous deeds. Verily, I
am WellAcquainted with what you do"
[al-Mumin'oon 23:51]
"O you who believe (in the Oneness of Allaah —
Islamic Monotheism)! Eat of the lawful things that We
have provided you with, and be grateful to Allaah, if it is
indeed He Whom you worship"
[al-Baqarah 2:172]
And the Prophet SAWS (peace and blessings of
Allaah be upon him) said: "Every body that is nourished
from haraam sources, the Fire is more suited to it."
Narrated by al-Tabaraani and classed as saheeh by al-Albaani
in Saheeh al-Jaami'.
And Shaykh Ibn Baaz (may Allaah have mercy on
him) was asked: I am an employee working in a
government department, and sometimes we are paid overtime by
the administration, without us been asked to do any
overtime and without us coming to work. They regard it as
an occasional bonus for the employees, and the boss
knows about that and approves of it. Is it permissible to take
this money? If it is not permissible, then what should I
do about the money that I have taken previously, noting
that I have spent it?
He replied: If the situation is as you describe, that is
a reprehensible action which is not permitted. Rather it is
a kind of betrayal. You have to return the money that
you have taken in this manner to the state treasury. If
you cannot do that, then you have to give it in charity to
the poor Muslims or to charitable projects, as well
as repenting to Allaah, and you must resolve sincerely
not to do that again, because it is not permissible for a
Muslim to take something from the Bayt al-Maal (treasury) of
the Muslims except in ways that are permitted in
sharee'ah, and that are known to and approved of by the state.
Fataawa Islamiyyah, 4/312. Islam Q&A
(www.islam-qa.com)
Our Price: $10.50 Pages: 396 Downloadable
34551: He died and left behind wealth on which he did
not pay zakaah, and interest
Question:
There is a young man who has not yet reached the age
of twenty, and he has two older sisters. His father died
and left them an inheritance, but his father only
prayed occasionally and he did not pay zakaah of 2.5% on
his accumulated wealth each year. He used to spend on
his household from the interest he got from the bank.
My question is:
1- What is the ruling on the zakaah on this wealth
that was not paid for several years?
2- How can expiation be offered for that haraam
interest that he used to spend on his household for several years?
3- This man left behind a large amount of his wealth
in the form of certificates that pay interest. How can
these haraam certificates be gotten rid of, knowing that
this young man has no experience in administering wealth
or trading, and he does not even have time for that
because of his studies?.
4- What are the forms of ongoing charity
(sadaqah jaariyyah) that are accepted nowadays?
5- The father died of liver cancer and there were no
signs of a bad end just before he died. He used to repeat
the phrase Al-hamdu Lillaah (praise be to Allaah) often
before he died. Is he a shaheed because he died of an
internal disease?.
Answer:
Praise be to Allaah.
If the deceased had repented to Allaah for not
praying and was keen to perform prayers before he died, then
there is the hope that he is a shaheed (martyr), because
the Prophet (peace and blessings of Allaah be upon him)
said: "The martyrs are five: the one who dies of the plague,
the one who dies of an internal disease, the one who dies
by drowning, the one who is crushed by a falling wall
and the one who is martyred for the sake of Allaah."
Narrated by al-Bukhaari, 2829; Muslim, 1914.
Al-Nawawi (may Allaah have mercy on him) said:
The one who dies of an internal disease refers to
stomach disease, i.e., diarrhoea. Al-Qaadi said: And it was
said that it refers to the one who is afflicted with dropsy
and his stomach swells; and it was said it is the one who
suffers from a complaint in his stomach; and it was said that it
is the one who dies from any kind of internal disease.
From Sharh Muslim.
1 _ It is obligatory to pay the zakaah that is owed
from past years, by estimating how much he owned _ each
year _ of permissible wealth on which zakaah is due, such
as currency and gold, that reached the threshold at
which zakaah becomes due and that had been in his
possession for a full hijri year, and without including the
haraam interest. One quarter of one tenth should be paid on
that, i.e. 2.5%. Then what is left for the following year
should be estimated and 2.5% paid likewise, and so on.
2 _ With regard to what his heirs have consumed of
interest (riba), they should repent from that, if they knew that
it was haraam, and they should try hard to make du'aa'
for their father that he be forgiven by Allaah,
because consuming riba is a major sin. May Allaah protect us
and all the Muslims from that.
3 _ The heirs are not entitled to anything from
the certificate mentioned but the original capital. It is
not permissible to take the haraam interest. If the bank
insists that the heirs take it, it should be taken from the bank
and given to the poor and needy, or spent in the interests
of the Muslims, so as to get rid of it. See question no.
20695.
If there is an Islamic bank whose transactions are
governed by sharee'ah, it is permissible to invest the money
through them.
Ongoing charity (sadaqah jaariyah) may be done in
many ways, such as building a mosque or contributing to
the building, buying books for seekers of Islamic
knowledge, buying Mushafs to be placed in the mosque, or
donating a house or shop as a waqf and stipulating that its
income be spent on the poor, orphans, relatives, students or
others, as stated by the founder, or donating money for
building a charitable hospital, and so on. In some countries
there are organizations that are responsible for waqfs,
which you can contact and establish a waqf or contribute to
one through them.
The best way in which you can benefit the deceased
after his death is to make du'aa' for him and strive hard
in making du'aa' for him that Allaah bestow His vast
mercy upon him and forgive him his sins. We ask Allaah to
accept (your good deeds) and to help you to honour your father.
And Allaah knows best.
Islam Q&A (www.islam-qa.com)
Our Price: $10.50 Pages: 396 Downloadable
40649: Do not betray the one who betrays you
Question:
There is a person who works in a private office, but
he had some health problems and had to stop working
during the period of medical treatment. After that he went
back to work and asked for his rights (his wages) for the
days when he had worked, but his boss did not
acknowledge his rights. This person is in need of the money, so he
started to take some from the amount that he collects each
day during the course of his work. He does not want to
do anything except take what is due to him, no more
than that. Is this haraam or halaal?.
Answer:
Praise be to Allaah.
It is not permissible for him to do that, because the
money that he is taking, claiming that he is entitled to it,
is something that his boss has entrusted him with, and
the one who is entrusted with something is obliged to
honour that trust and render it back to its owner. It is
not permissible for him to betray him with regard to that.
Allaah says (interpretation of the meaning):
"Verily, Allaah commands that you should render
back the trusts to those, to whom they are due"
[al-Nisa' 4:58]
And the Prophet (peace and blessings of Allaah be
upon him) said: "Render back the trust to the one who
entrusted it to you, and do not betray those who betray you."
Narrated by al-Tirmidhi, 1264; classed as saheeh by
al-Albaani in Saheeh al-Tirmidhi.
The Prophet (peace and blessings of Allaah be upon
him) enjoined rendering back trusts to those who entrusted
them to you, and he forbade betraying the one who
betrayed you.
The Standing Committee was asked about a man
who works in a grocery store, and his boss only gives him
his salary every four or six months. Is it permissible for
him to take his monthly salary from the money of the
grocery store in which he works without his boss's knowledge?
They replied:
It is not permissible for you to take your salary from
the grocery store in which you work without your
boss's knowledge or permission. You have to ask your boss
for your salary, and if he refuses then you should refer
your complaint to the appropriate authorities so that they
can make him pay you. Fataawa al-Lajnah
al-Daa'imah, 15/145. Shaykh al-Islam Ibn Taymiyah said in
Majmoo' al-Fataawa, 30/372:
If a man has a right due to him from another, can he
take it or its equivalent without his permission? This falls
into two Islam & Muslims:
1 _ If the reason for his demanding his right is
obvious and does not require proof, such as a woman's right
to maintenance from her husband, or the child's right
to maintenance from his father, or the guest's right
to hospitality from the people with whom he is staying,
then in this case he has the right to take it without
permission from the one who owes that to him without a doubt.
It was proven in al-Saheehayn that Hind bint `Utbah
ibn Rabee'ah said: "O Messenger of Allaah, Abu Sufyaan
is a stingy man and he does not give me sufficient maintenance for myself and my child." He said:
"Take what is sufficient for you and your child, on a
reasonable basis." In this report the Prophet (S) permitted her to
take her maintenance, on a reasonable basis, without
asking the permission of the owner of the money. Similarly, if
it is known that a person's wealth has clearly
been wrongfully seized and the people know about that, he
may take the seized wealth or its equivalent from the one
who seized it, and so on.
2 _ If the reason for demanding his right is not
obvious, such as when a person denies that he owes him money,
or denies that he seized his wealth unlawfully, and
the claimant has no proof. There are two scholarly views
in this case. One is that he should not take it; this is the
view of Maalik and Ahmad. The other is that he can take
it; this is the view of al-Shaafa'i.
Those who say that he should not take it if he has no
clear proof of his right quote as evidence the report narrated
in al-Sunan from Abu Hurayrah, that the Prophet (peace
and blessings of Allaah be upon him) said: "Render back
the trust to the one who entrusted it to you, and do not
betray those who betray you." And in
al-Musnad it is narrated that Basheer ibn al-Khasaasah said: "O Messenger
of Allaah, we have neighbours who do not leave
anything, great or small, but they take it. If we have the
opportunity to take something from them, should we take it?" He
said, "No. Render back the trust to the one who entrusted it
to you, and do not betray those who betray you."
These ahaadeeth explain that if the right of the one
who is wronged is not obvious, and he takes it in a
sneaky manner, he does not have the right to do that, even if
all he intends is to take something equivalent to his
right, but he does that by betraying someone who trusted
him. That is because when he entrusted him with his
wealth and he took some of it without his permission and
there is no clear proof of his rights, then this is a betrayal
of trust.
That is because betrayal in and of itself is haraam, so
it should not be used as a means of taking one's
rights. Betrayal is akin to lying. If it is said that this is not
a betrayal, rather it is taking one's rights and the
Prophet (peace and blessings of Allaah be upon him) only
forbade betraying the one who betrays you, in the sense of
taking more from his wealth than is your right _ it should
be noted that this argument is weak on a number of
counts, one of which is that in the hadeeth it says, "we
have neighbours who do not leave anything, great or
small, but they take it. If we have the opportunity to
take something from them, should we take it?" He said,
"No. Render back the trust to the one who entrusted it to
you, and do not betray those who betray you." The second
is that he said: "Do not betray those who betray you,"
i.e., you should not respond to the one who betrays you
by doing the same thing to him as he did to you. The third
is that this action is undoubtedly a betrayal. Rather
those who allowed it did so as a retaliatory measure,
because there are cases in which retaliation is allowed, such
as murder, banditry and seizing wealth unlawfully. And
there are some cases in which retaliation is not allowed,
such as immoral actions, lying, etc. When he said here,
"Do not betray those who betray you," it is known that this
is a case in which it is not permitted to punish in like
manner. Islam Q&A
(www.islam-qa.com)
Our Price: $10.50 Pages: 396 Downloadable
42567: Ruling on participating in pension plans
Question:
I live in England and the government deducts a
certain amount of money every month from my salary for it
to count towards my pension when I retire. What is the
ruling on this form of pension? There is also the option
of applying for a private pension with a private
company, whereby they also take a certain amount of money
from you every month and they invest it and then give you
a pension after you retire at the age of 60 or 65. What is
the ruling on this form of pension? May Allah SWT
bless you.
Answer:
Praise be to Allaah.
Participating in pension plans other than those
organized by the government is a kind of gambling, because a
person may contribute to the scheme for a number of
months, then become disabled or die, so he and his heirs may
get much more money than was taken from them, or he
may pay many installments then what he takes from them
is less than what he paid. This is gambling. For more
details please see the questions on insurance on this site.
If they are investing the money deducted in haraam
things such as making alcohol, or in riba-based loans, this
is another reason to regard this as haraam, because that
is helping them in sin and transgression.
This applies if your participation in this scheme
is voluntary. It is not permissible to participate in it in
this case, and whoever gives up something for the sake
of Allaah, Allaah will compensate him with something
better than that.
But if participation is compulsory, then there is no sin
on you, but it is not permissible for you or your heirs to
take more than was taken from you. You can leave the rest,
or take it and donate it to charitable causes.
With regard to participating in the government
pension plan, this may not come under the same ruling, in
the sense that the government or treasury (bayt al-maal)
is responsible for spending on the people if they need
that. And Allaah knows best. Shaykh Muhammad Saalih
al-Munajjid (www.islam-qa.com)
Our Price: $10.50 Pages: 396 Downloadable
40019: He pilfered some money and does not know
how much, and he cannot repay i | 
