Jurisprudence and Islamic Rulings -Part 7

Chapter 1

Transactions

Employment for a Salary: General

22870: Is rent received from a bank halaal?

Question:

We rent our complex for a bank...whether the rent which we receive from the bank is halal. please clarify.

Answer:

Praise be to Allaah.

Firstly:

Dealing in riba is haraam and is a major sin. Allaah says (interpretation of the meaning):

"O you who believe! Fear Allaah and give up what remains (due to you) from Ribaa (from now onward) if you are (really) believers.

279. And if you do not do it, then take a notice of war from Allaah and His Messenger but if you repent, you shall have your capital sums. Deal not unjustly (by asking more than your capital sums), and you shall not be dealt with unjustly (by receiving less than your capital sums)"

[al-Baqarah 2:278-278]

Secondly:

Once it is established that it is haraam to deal in riba, then it is also haraam to help others in that in any way whatsoever. That is because Allaah says (interpretation of the meaning):

"Help you one another in AlBirr and AtTaqwa (virtue, righteousness and piety); but do not help one another in sin and transgression" [al-Maa'idah 5:2]

Based on this, it is not permissible for you to rent a place to a bank that deals in riba, because that is helping the bank in this major sin, namely riba. It was proven that the Prophet (peace and blessings of Allaah be upon him) cursed the one who consumes riba, the one who pays it, the one who writes it down and the two who witness it, and he said: "They are all the same."

Narrated by Muslim, 1598.

Al-Nawawi said: This indicates that it is haraam to cooperate in falsehood.

Al-Sindi said: All of them are cursed for their participation in sin.

The scholars of the Standing Committee for Issuing Fatwas were asked:

I own a building and one of the banks applied to rent it. This bank is one of those that deal in riba. Is it permissible for me to rent it to this bank and others that deal in riba, or not?

They replied:

That is not permissible, because the bank mentioned is going to use it as a place for dealing in riba, which is haraam. Renting it to them for this purpose is helping them in doing something haraam. Allaah says (interpretation of the meaning):

"Help you one another in AlBirr and AtTaqwa (virtue, righteousness and piety); but do not help one another in sin and transgression"

[al-Maa'idah 5:2]

Fataawa Islamiyyah, 2/423, 424

Shaykh `Abd al-`Azeez ibn Baaz said:

There are many verses and ahaadeeth which indicate that it is haraam to cooperate in sin. By the same token it is haraam to rent property to owners of banks that deal in riba, because of the evidence mentioned.

Fataawa Islamiyyah, 2/395

The rent that you take from the bank is haraam wealth, which you must get rid of by giving it in charity. You must hasten to do that, because the Prophet (peace and blessings of Allaah be upon him) said: "Every body that is nourished on haraam things, the Fire is more fitting for it."

Narrated by al-Tabaraani; classed as saheeh by al-Albaani in Saheeh al-Jaami', 4519.

With regard to the rent that you took before you knew that it is haraam, it is permissible for you, because Allaah said, when He revealed the prohibition of riba (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]

See also questions no. 2492 and 8196

And Allaah knows best.

Islam Q&A (www.islam-qa.com)

36650: Ruling on hosting a website which includes songs in some of its sections

Question:

I want to host websites, and one of the conditions of hosting will be that the sites do not include anything that goes against Islamic sharee'ah. But it is inevitable that among these sites there will be someone who puts some songs or something of that nature on his site. Is it obligatory to erase them, or can we simply advise him? If he refuses to erase them, then do I have to remove them? Please note that this will cause some damage to the reputation of my hosting service. I hope that you can explain this matter clearly.

Answer:

Praise be to Allaah.

You have done well by stipulating that nothing should be included that goes against Islamic sharee'ah. If you state some examples, such as music, pictures of women and songs, that will be better, because some of those who use the internet may be unaware that these things go against sharee'ah.

Whether you stipulate these conditions or not, it is not permissible for those who sign up with you to put anything haraam on their sites, for disobedience to Allaah is something that must be avoided, and that does not depend on conditions stipulated by anyone. The Prophet (peace and blessings of Allaah be upon him) said: "Whatever I have forbidden to you, avoid it."

Narrated by al-Bukhaari, 7288; Muslim, 1337.

It is not permissible for you to approve of anything that is haraam, or to help the one who wants to put it on his site, for Allaah has forbidden that when He said (interpretation of the meaning):

"but do not help one another in sin and transgression"

[al-Maa'idah 5:2]

The condition that has been stipulated is simply to reinforce this message and make it clearer.

Based on this, if someone puts something haraam on his site, you have to advise him and ask him to remove these files. If he responds, all well and good, otherwise you have the right to remove them and not renew his contract.

Do not worry about your reputation; it is sufficient to please Allaah and be accepted by Him.

Al-Tirmidhi (2414) narrated that `Aa'ishah (may Allaah be pleased with her) said: I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say:

"Whoever seeks to please Allaah by displeasing the people, Allaah will suffice him and protect him from the people. But whoever seeks to please the people by displeasing Allaah, Allaah will leave him to the people." Classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.

In His hands are the treasures of the heavens and the earth,

"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]

A little that is blessed is better than a great deal in which there is no blessing.

And Allaah knows best.

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45271: Is it permissible to rent a café that offers "hubble-bubble pipes" in order to sell food?

Question:

There is a cafeteria in one of the casinos. Is it permissible for me to rent it in order to sell food? Please note that the cafeteria only offers tea and hubble-bubble pipes _ what is the ruling on that?.

Answer:

Praise be to Allaah.

It seems that it is not permissible for you to rent this place to serve food and drink, because smoking the hubble-bubble pipe is haraam, as it is a waste of money and causes the Muslim to harm himself and others who smell this foul smoke. See question no. 10922 and 7432.

The basic principle is that the Muslim should avoid these places of sin and keep away from them, and he should not offer them any help or serve things that will make people stay there longer such as permissible food and drinks. Renting part of the casino in order to serve food to these sinners goes against the command to the Muslims to change evil wherever he sees it, and it goes against the command to avoid places of evil and sin.

Allaah says (interpretation of the meaning):

"And it has already been revealed to you in the Book (this Qur'aan [Qur'an, Quran]) that when you hear the Verses of Allaah being denied and mocked at, then sit not with them, until they engage in a talk other than that; (but if you stayed with them) certainly in that case you would be like them"

[al-Nisa' 4:140]

al-Qurtubi (may Allaah have mercy on him) said:

The words of Allaah, "then sit not with them, until they engage in a talk other than that", mean: something other than kufr.

"(but if you stayed with them) certainly in that case you would be like them" _ this indicates that it is obligatory to avoid sinners if they are openly committing evil, because whoever does not avoid them is effectively approving of their actions.

Tafseer al-Qurtubi, 5/418

Shaykh Ibn Baaz (may Allaah have mercy on him) said:

Denouncing evil in one's heart is obligatory for everyone. This means hating and despising the evil action, and keeping away from those who do it if one is unable to change it with one's hand (by taking action) or with one's tongue (by speaking out against it).

Al-Darar al-Sunniyyah fi'l-Ajwabah al-Najdiyyah, 16/142

Indeed, the owner should not rent out his stores to those who will use them for sinful purposes.

Shaykh `Abd al-`Azeez Aal al-Shaykh was asked:

My father bequeathed to me one-third of the rent of a building that he owned. This building is rented out to stores, some of which sell cigarettes and hubble-bubble pipes, and there is also a store that sells music tapes. Is this bequest permissible or not? Please note that we do not own anything else. May Allaah reward you with good.

He replied:

What you have to do is to evict these people, because selling cigarettes and hubble-bubbles and music tapes are all things that go against sharee'ah, and it is not permissible for the Muslim to help others in sin and transgression. Allaah will compensate you with something better, in sha Allaah, and you will be able to rent it and earn from it in such a way that will benefit you and benefit the deceased, in sha Allaah.

Note that whoever gives up something for the sake of Allaah, Allaah will compensate him with something better than it, and that provision cannot be acquired by sinful means. 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. And whosoever puts his trust in Allaah, then He will suffice him. Verily, Allaah will accomplish his purpose. Indeed Allaah has set a measure for all things"

[al-Talaaq 65:2-3]

And Allaah knows best.

Islam Q&A (www.islam-qa.com)

14304: Ruling on rent-to-own schemes

Question:

What is the ruling on what many companies and banks do nowadays, whereby they rent out a car for a year in return for a specified amount each month, after which time the car becomes the property of the renter, but if he does not complete the agreed-upon rental period, ownership of the car reverts to the company or bank, and the renter has no right to reclaim whatever installments he has paid?.

Answer:

Praise be to Allaah. This kind of transaction is known as "rent-to-own", and the contemporary scholars have differed concerning it. The Council of Senior Scholars has issued the following statement concerning it:

The Council of Senior Scholars has studied the issue of rent-to-own schemes, and after discussing the matter, the majority of the Council thinks that this kind of transaction is not permissible in sharee'ah for the following reasons:

1 _ It is a combination of two transactions for one item and is not based on either of them; the two transactions come under two separate rulings and there is a contradiction between the terms of the two transactions.

When something is sold, the item and its benefits or usage must be transferred to the purchaser, so it is not valid for the seller to receive rent for it because it is the property of the purchaser. When something is rented, that means that the usage or benefits of the item (and not the item itself) are transferred to the renter.

Selling something implies that the purchaser both owns the item itself and enjoys usage of it, and if it is worn out or destroyed he bears the cost of that and the loss of both the item and its benefits; none of that falls upon the seller. But if something is rented, the owner who is renting it out bears the cost of any loss or any wear or tear to the item or its benefits, unless the renter has transgressed the limits or shown negligence.

Secondly: The rental fees are calculated on a yearly or monthly basis in such a way that towards the end of the state term, the value of the item is paid off, but the seller calls these payments "rental fees" so that the purchaser cannot not sell the item until he has paid the whole amount.

For example: If the value of the item in question is fifty thousand riyals and the monthly rent is usually one thousand riyals, he makes it two thousand. In fact this is part of the price until, towards the end of the term, the value of the item is paid. But if the purchaser is unable to make the final payment, for example, the item will be taken away from him on the grounds that it is something rented, and he will not be given back the money that he has paid on the grounds that he has made use of it.

It is obvious that this is wrongdoing and forcing people to borrow money to make the last payment.

Thirdly: This kind of contract leads to the poor being careless about debts until many of them end up heavily in debt. It may even lead to bankruptcy for some of the lenders because of losses incurred because of loans to the poor.

The Council thinks that the two parties should look for a sound way, which is to sell the item and put its price in pledge (rahn) and to protect the seller's rights by letting him keep the contract document and ownership papers etc.

And Allaah is the Source of Strength. May Allaah send blessings and peace upon our Prophet Muhammad and his family and companions.

Members of the Council of Senior Scholars who signed this statement include the following:

Shaykh `Abd al-`Azeez ibn `Abd-Allaah Aal al-Shaykh

Shaykh Saalih al-Lahaydaan

Dr Saalih al-Fawzaan

Shaykh Muhammad ibn Saalih al-`Uthaymeen

Shaykh Bakr ibn `Abd-Allaah Abu Zayd.

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45653: What should he do with a tenant who does not want to leave the house?

Question:

We are a family whose breadwinner has died, and he left us some property. Some people have been living in this property for a long time, 18 years, for a rent of 40 Egyptian pounds. Allaah has blessed these tenants with wealth and made them so well-off that they own property themselves. One of them has put the property in his sons' names, another has put it in his wife's name. We are in great need of those apartments, so I went to them and asked them to vacate the apartments, and I explained the situation to them, but all I got from them was a refusal to budge. One of them asked for a huge amount of money in return for leaving. I tried to talk to them several times but without success. The law in our country is on their side. After that I asked them for more rent so that we can meet our own living expenses, but that also met with no success.

What should I do?.

Answer:

Praise be to Allaah.

Firstly:

The reason why such problems arise between landlord and tenant is the failure to adhere to the laws of Allaah when drawing up signing the lease. One of the things in which many people go against sharee'ah, causing them a lot of problems, is not defining the period of rental, because defining the period of rental prevents disputes and protects the rights of both sides; it obliges the landlord to let the tenant stay in the property and it obliges the tenant to pay the rent to the landlord for the duration of the rental period, and it obliges him to adhere to the terms of the lease and pay the rent even if he does not use the property.

Ibn Qudaamah said:

There is no dispute among the scholars concerning the fact that it is permissible to rent out property. Ibn al-Mundhir said: All the scholars from whom we acquired knowledge are unanimously agreed that renting out houses and animals is permissible.

And it is only permissible to rent them out for a specific, defined period, after viewing and defining the property in question, because it cannot be known otherwise. It is not permissible not to define the timescale or describe the property. This is the view of al-Shaafa'i.

Al-Mughni, 5/260.

The correct view is that the rental period does not have to be limited to a specific length of time, rather it can continue for months or decades, so long as that is with the agreement of both parties.

Ibn Qudaamah said:

If the rental is to last for a period it should be known, such as a month or a year. There is no dispute concerning that as far as we know. Because the timescale is important with regard to the property to be rented, so it must be known, just as when selling a commodity that can be measured, it should be sold by measure.

Al-Mughni, 5/251.

And he said:

The maximum period of renting cannot be defined, rather the property that is rented may continue to be rented so long as it is still sound, even if the period is lengthy. This is the view of all the scholars… because Allaah tells us that Shu'ayb (peace be upon him) said:

"on condition that you serve me for eight years; but if you complete ten years, it will be (a favour) from you" [al-Qasas 28:27]

The law of the nations before us is our law too, unless there is evidence that it has been abrogated.

al-Mughni, 5/253

Secondly:

With regard to the death of either the tenant or the landlord before the expiry of the rental period, the majority of scholars are of the view that the contract is not annulled by the death of either party. The Hanafis and some of the Taabi'een held a different view and said that the contract is annulled, unless the heirs of the landlord agree to that, and that they have the right to demand that the rental property be vacated.

The correct view is the view of the majority, so the contract remains binding on both parties for the duration of the rental period.

In the book al-Ijaarah, al-Bukhaari is quoted as having a chapter in his Saheeh entitled "Chapter: If a person rents land and one of them dies. Ibn Seereen said: The family do not have the right to make him leave until the period (of the rental agreement) is ended. Al-Hakam, al-Hasan and Iyaas ibn Mu'aawiyah said: The rental continues until the end of the period agreed upon. Ibn `Umar said: The Prophet (peace and blessings of Allaah be upon him) gave Khaybar to its people in return for half of the harvest. That was at the time of the Prophet (peace and blessings of Allaah be upon him) and Abu Bakr, and the beginning of Umar's caliphate, and there is no mention that Abu Bakr and `Umar renewed the rental contract after the Prophet (peace and blessings of Allaah be upon him) died."

Al-Haafiz ibn Hajar said:

The words "Chapter: If a person rents land and one of them dies" mean: is the rental annulled or not? The majority view is that it is not annulled. The Kufis and al-Layth were of the view that it is annulled… they agreed that the rental is not annulled if the person in charge of the waqf dies, and this is the case here.

The words "The family do not have the right to…" refer to the family of the deceased.

"to make him leave" means, to make the tenant leave.

The point here is to prove that the rental agreement is not annulled if one of the two parties dies. This is the apparent meaning and is referred to by the words "and there is no mention that Abu Bakr and `Umar renewed the rental contract after the Prophet (peace and blessings of Allaah be upon him) died".

Fath al-Baari, 4/463.

Thirdly:

With regard to what you should do about the tenants who refuse to leave, we advise the following:

1 _ You should explain to them that the contract between you and them is not acceptable according to sharee'ah because it does not mention the time period for the contract. We have stated above that the time period must be stated, and there is no dispute among the scholars on this point.

2 _ You should give them sufficient opportunity to vacate the property, and this period should be stated clearly to correct the previous mistake and there should be a new contract with a set time period.

3 _ If they refuse to leave, then you should tell them that they are usurping the property and are sinning, and you should tell them of the punishment for wrongdoing and the ruling on those who usurp property.

4 _ You should bring in some influential wise men who could speak to them, or some of their relatives or acquaintances whom they will listen to. You can agree to pay them some money to leave the apartment. It is haraam for them to consume this money, but as far as you are concerned, if the person who is wronged cannot get his rights except by giving money to the wrongdoer, it is permissible for him to do that.

See question no. 40272.

5 _ If that does not work either, then you have three choices: You can pray against them _ for the prayer of the oppressed is answered; or you can let them off; or you can leave their case to Allaah to take your rights from them for you. And Allaah knows best.

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Question:

A young man proposed marriage, but he cannot afford the traditional set of jewellery. He agreed with his fiancée to bring the jeweller to the house in order to please her family, then the young man will return the traditional set of jewellery to the jeweller one month after the celebration, in return for the groom paying the jeweller for renting this set for this one-month period, according to the price set by the jeweller. Is this regarded as riba? Is this haraam or halaal, because the young man's marriage to this girl depends on his bringing this jewellery because her family are insisting on that? May Allaah reward you with good.

Answer:

Praise be to Allaah.

Firstly:

The Standing Committee was asked a similar question, about renting gold and silver jewellery for the woman to wear for her wedding, then returning it two weeks later, for example, and paying for that. They replied:

The basic principle is that it is permissible to rent gold and silver jewellery for one of the two currencies, or for something else, for a known rent and period of time, after which the one who rents the jewellery is to return it. And there is nothing wrong with taking collateral for that.

Fataawa al-Lajnah al-Daa'imah, 15/79-80

The two currencies are gold and silver, i.e., it is permissible to pay the rental fee in gold or silver, or in the banknotes that people use nowadays. And Allaah knows best.

Secondly:

Women's fathers and guardians are advised not to make excessive demands with regard to the mahr (dowry), and not to burden prospective husbands with unreasonable demands as regards the mahr, traditional set of jewellery and furniture, etc. Such excessive demands are condemned in sharee'ah, as are the harmful consequences to which they lead. See question no. [12572].

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34590: If a person is hired to do a job, it is permissible for him to hire someone else to do it

Question:

Is it permissible to sell projects or jobs, such as when a person takes on a job in his own name from an institution for 300 million, for example, and he gives it to a subcontractor to do it for 250 million?.

Answer:

Praise be to Allaah.

There is nothing wrong with selling jobs or contracts. This is like when a person is hired to do some construction work or the like; there is nothing wrong with him hiring someone else to do the actual work, but that is subject to two conditions:

-1-

The institution should not have stipulated in its contract that the person hired must do the work himself and must not sell it to a third party, because the Prophet (peace and blessings of Allaah be upon him) said: "The Muslims are bound by their conditions." Narrated by Abu Dawood, 359; classed as saheeh by al-Albaani in Saheeh Abi Dawood.

The Standing Committee was asked about someone who rented a building for 100,000 and sublet it for 150,000 _ is that permissible?

They replied:

Whoever rents a building may sublet it to someone else for the same price as that for which he rented it, or for more or less than that, and for the same time period as that agreed upon or less, not for more that may cause harm, because he has the right to make use of the thing that he has rented. Therefore it is permissible for him to make use of it himself or let someone else make use of it, unless the owner has stipulated that the renter may not transfer it to someone else, or he may not rent it to those who practice certain professions or occupations, in which case they are both bound by the conditions that they have agreed upon.

Shaykh Ibn `Uthaymeen (may Allaah have mercy on him) said:

Question: If a person is hired to do a certain job, such as if it is said, `We want you to clean this house every day, and we will give you one hundred riyals each month,' then he hires someone to clean the house each month but for fifty riyals, is that permissible or not?

Answer: Yes, that is permissible. This is like saying that it is permissible to rent what's left of a lease for more than what one has paid in rent. This is what people do nowadays, for example we see that the government has an agreement with a company to clean the mosques, so each mosque is cleaned in return for a certain amount of money, then this company gives the workers who do the work agreed upon in the contract less than one-quarter of what the company has agreed upon with the government. ...

For example: I hired a man to copy Zaad al-Mustaqni' (a book of fiqh) for me, and I knew that this man's handwriting was excellent and that he makes few mistakes, then he hired a man to write it for less than I had hired him, and the handwriting of the man who was hired by the one whom I had hired was beautiful. But the scholars say that this is not permissible.

Al-Sharh al-Mumti', 4/327

That is because what matters when it comes to copying books is not that the handwriting should be beautiful, rather what matters is both beautiful handwriting and attention to the rules of spelling and placement of diacritical marks, etc.

And Allaah knows best.

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26201: It is better for workers to hasten to pray when they hear the adhaan

Question:

Is it better for workers to hasten to pray when they hear the adhaan, or to wait until they have finished some tasks? What is the ruling on offering naafil prayers after praying, apart from the regular Sunnah prayers?.

Answer:

Praise be to Allaah.

It is better for all Muslims to hasten to pray when they hear the adhaan, because the muezzin says, "Hayya `ala al-salaah (Come to prayer)." Hesitating will lead to missing the prayer.

With regard to a worker offering naafil prayers after the prayer, apart from the regular Sunnah prayers, this is not permissible, because his time belongs to someone else, according to the work contract. With regard to the regular Sunnah prayers, there is nothing wrong with him offering them, because bosses and supervisors customarily allow that. And Allaah is the Source of strength.

Majmoo' Fataawa al-Shaykh Ibn `Uthaymeen, 15/32. (www.islam-qa.com)

39508: Appointing an agent to make a purchase, and the agent benefitting from the product bought

Question:

Can I be hired by a man to buy a car for him from another country in return for a set amount of money, knowing that the country from which the car will be bought imposes a tax on the purchaser if he is going to use the car in that country, but if he is going to take it to his own country, he can ask for the tax to be refunded after paying it, and the agent wants to take the amount paid in tax for himself without asking the permission of the one who appointed him?.

Answer:

Praise be to Allaah.

This transaction may take two forms:

1 _ If the man buys this car for you in return for a wage which will be given to him for doing this job. So he is your agent acting on your behalf in making this purchase. In that case it is not permissible for him to take anything but the wage that you have agreed upon. Any reduction in the price of the car, or taxes that are refunded, or gifts given to the agent because of this transaction, should all be given to you (the one who appointed him) unless you willingly let him have anything of that, because any rights connected to this contract belong to the one who appoints the agent.

Ibn Qudaamah said: Ahmad said, according to one of the reports narrated from him: If a man is given a garment to sell, and he does that, and the purchaser gives him a handkerchief, then the handkerchief belongs to the (original) owner of the garment. He said that because the reason why the handkerchief was given was the sale, and the handkerchief was in addition to the price paid, so anything extra that is given when the transaction is made is connected to it.

End quote, from al-Mughni, 5/82.

2 _ If the man buys the car, then sells it to you. In this case he may increase the price and add the tax to it, whether he gets it back or not. But it is not permissible for you to buy it from him until he has taken possession of the car in a real sense, because the Prophet (peace and blessings of Allaah be upon him) said to Hakeem ibn Hizaam: "If you buy something, then do not sell it until you have taken possession of it." Narrated by Ahmad, 15399; al-Nasaa'i, 4613; classed as saheeh by al-Albaani in Saheeh al-Jaami', 342.

Al-Daaraqutni and Abu Dawood (3499) narrated from Zayd ibn Thaabit that the Prophet (peace and blessings of Allaah be upon him) forbade selling products that had been bought until the merchants had put them with their own luggage." This hadeeth was classed as hasan by al-Albaani in Saheeh Abi Dawood.

In al-Saheehayn it is narrated from Ibn `Abbaas that the Prophet (peace and blessings of Allaah be upon him) said: "Whoever buys food, let him not sell it until he obtains it." Al-Bukhaari, 2132; Muslim, 1525. Muslim added: Ibn `Abbaas said: I think all other products are the same, i.e., there is no difference between food and other things in this regard.

And Allaah knows best.

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20421: Is it permissible to rent from kaafirs?

Question:

Is it permissible for a Muslim to rent property from a non-Muslim? In the US, there are more non-Muslims than Muslims. Unfortunately, they hang crosses, display statues, in or on their property, etc. We rented property to hold a wedding. The rooms we rented and will use have no haram images. However, the owners have things displayed in the building. These items make me uncomfortable but our community is large and Muslims have not yet established businesses for this purpose. We encounter the same problem in renting out an apartment.(We also see these images in public schools, hospitals, etc.) The owner may display things on his part of the property but the tenant is free to display halal items on the portion they rent. I want this wedding to be an example to a people that have for the most part abandoned separate weddings. I cannot afford for it to be a bad example.

Answer:

Praise be to Allaah.

It is permissible for a Muslim to rent property from a non-Muslim; the same applies to all other permissible dealings, such as selling, buying, depositing items as security on loans and others. The Prophet (peace and blessings of Allaah be upon him) and his companions used to do business with the Jews and others, and when the Prophet (peace and blessings of Allaah be upon him) died, his shield was deposited as security with a Jew for thirty saa's of barley.

Narrated by al-Bukhaari, 2759.

If the rented party hall is free from haraam images, it does not matter if the owner puts any such thing or any other bad thing in his own private section.

The Muslims should strive to get their own place for such occasions, on condition that it be set up for segregation of men and women, and that it is not too far from a mosque, so that the people can pray in congregation when the time for prayer comes.

Shaykh Ibn Baaz (may Allaah have mercy on him) was asked the following question:

Those who live in kaafir countries, such as America, Britain, etc, have dealings with the kuffaar. What is the ruling on that?

The shaykh replied:

When the Prophet (peace and blessings of Allaah be upon him) died, his shield was deposited as security for a loan with a Jew. What is forbidden is to take them as close friends. As for buying and selling, there is nothing wrong with that. The Prophet (peace and blessings of Allaah be upon him) bought some sheep from an idolater and distributed them among his companions. Rather what is haraam is to take them as close friends, love them and support them against the Muslims. But if a Muslim buys from them, sells to them, or deposits something with them, there is nothing wrong with that. The Prophet (peace and blessings of Allaah be upon him) even ate the food of the Jews, and their food is permissible as Allaah says (interpretation of the meaning):

"The food (slaughtered cattle, eatable animals) of the people of the Scripture (Jews and Christians) is lawful to you and yours is lawful to them" [al-Maa'idah 5:5]

Majmoo' Fataawa wa Maqaalaat Mutanawwi'ah, 19/60

We ask Allaah to help you to do that and to help you to do what you want of obeying Him and avoiding disobedience.

And Allaah knows best.

Islam Q&A (www.islam-qa.com)

21688: Should he work for a company whose boss is a kaafir?

Question:

I am a young Muslim man and praise be to Allaah I work in one of the Arab countries, but my boss at work does not pray, and he watches permissive channels and listens to music. I spoke to him about these things one day and he told me that he knows that listening to music is haraam, and so is watching permissive channels. But with regard to prayer he told me that it is just because of laziness and the Shaytaan, and he is trying to deal with it. I offered to help him but he refused, and he is still not praying, and he is still listening to music and watching permissive channels. Is it haraam for me to work with him or is the money I get from working with him haraam? Please advise me.

Answer:

Praise be to Allaah.

Your earnings and your work have nothing to do with your boss's situation or his not praying or his listening to music or watching haraam things. You should keep on trying to advise him without getting too close to him, because there is the fear that he may influence you.

You also have to apply the rulings of sharee'ah with regard to your boss, if he continues to neglect prayer _ such as not initiating the greeting of salaam with him and not liking him in your heart. We have already discussed a great deal about the rulings on not praying and the fact that it is kufr (disbelief) and riddah (apostasy).

Shaykh Muhammad al-Saalih ibn `Uthaymeen said:

We advise this brother who works with kaafirs to look for a job where there are no enemies of Allaah and His Messenger, who follow religions other than Islam. If that is possible, what is how it should be. If that is not possible, then there is no sin on him because he is doing his job and they are doing theirs, but that is subject to the condition that there should be no feelings of love or friendship towards them in his heart, and that he should adhere to the teachings of sharee'ah with regard to greeting them and returning their greetings, and so on. Also he should not attend their funerals or their festivals, or congratulate them on the occasion of their festivals.

(Majmoo' Fataawa al-Shaykh Ibn `Uthaymeen, 3/39, 40).

And Allaah knows best.

Islam Q&A

(www.islam-qa.com)

26801: Ruling on go-betweens

Question:

What is the ruling on go-betweens, and is that haraam? For example, if I want to get a job, or enter a school, and so on, and I use the services of a go-between, what is the ruling on that?

Answer:

Praise be to Allaah. Firstly: if the services of a person who intercedes on your behalf with regard to a job will result in a person who is more deserving of that position because of his qualifications and his ability to do the job in a more precise manner being deprived of it, then that intercession is haraam, because it is injustice against one who is more deserving of it, and it is unfair to the person who is in charge of that work because it is depriving him of the services of one who is more qualified and better able to help them advance in this area of life. This is also an injustice against the ummah because it is depriving it of one who could serve the ummah and direct its affairs in this field in the best possible manner. Moreover it generates resentment and suspicion, and corrupts society. But if this intercession does not result in infringement of anyone's rights then it is permissible, and indeed it is encouraged by sharee'ah and the one who intercedes will be rewarded, in sha Allaah. It was proven that the Prophet (peace and blessings of Allaah be upon him) said: "Intercede, and you will be rewarded, and Allaah decrees what He wills on the lips of His Messenger." (al-Bukhaari, 1342).

Secondly: schools, institutes and universities are public resources of the ummah, in which they can learn that which will benefit them in their spiritual and worldly affairs. No one in the ummah is more entitled to it than anyone else except on the basis of some consideration other than intercession on his behalf. If the intercessor knows that his intercession will result in someone who is more entitled because of his qualifications, age or because he submitted his application first, etc, being deprived, then his intercession is not allowed, because it will result in injustice against the one who is deprived or is forced to go to a school that is further away, so it will become difficult for him, because that will generate resentment and will corrupt society. May Allaah send blessings and peace upon our Prophet Muhammad and his family and companions.

Al-Lajnah al-Daa'imah, Fataawa Islamiyyah, 4/300 (www.islam-qa.com)

31242: Is it permissible to employ a non-Muslim servant?

Question:

1.Can a Muslim has a christian servant(menial) as a washerman, cleaner & cook etc?

2.If yes, what Islam says about a christian servant?

Answer:

Praise be to Allaah.

It is permissible for a Muslim to employ a kaafir servant subject to certain conditions which include the following:

He should not introduce anything impure (naajis) into the food or clothing of the Muslim.

He should not cook for him anything that Muslims are forbidden to eat, such as pork.

Employing this servant should not cause any fitnah (temptation) with regard to matters of religion, such as admiring Christianity or the Muslim children being influenced by the rituals of kufr which this servant may practise.

There should be no risk of being tempted by him or her, or of committing haraam actions with him or her, as may happen if the female Christian servant is uncovered in front of the Muslim head of the household or his sons, or the Muslim wife of the head of the household may be tempted by a servant or driver.

Such a servant should not be employed in the Arabian Peninsula where it is haraam for the kuffaar to settle.

The servant should not be mistreated or his rights denied; one of the bad consequences of that is that it puts him off Islam.

The Muslim must strive to employ Muslims because they are less evil, in general, than the kuffaar, and less likely to commit haraam actions that go against sharee'ah or to make others commit them. If a Muslim does have a kaafir servant, he should strive to call him to Islam and to guide him.

The evidence that it is permissible to employ a trustworthy kaafir servant and call him to Islam is the hadeeth narrated by al-Bukhaari (1356) from Anas (may Allaah be pleased with him) who said: "A Jewish boy used to serve the Prophet (peace and blessings of Allaah be upon him), and he fell sick. The Prophet (peace and blessings of Allaah be upon him) went and visited him. He sat by his head and said, `Enter Islam.' The boy looked at his father, who was present. (His father) said, `Obey Abu'l-Qaasim (peace and blessings of Allaah be upon him).' So he entered Islam and the Prophet (peace and blessings of Allaah be upon him) left saying, `Praise be to Allaah Who has saved him from the Fire.'"

And Allaah is the Source of strength.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)

26267: Asking permission to leave work after completing what is required

Question:

What is your view of this major fitnah in Afghanistan and the killing of innocent people and oppression of civilians that is going on? If I ask my immediate superior for permission to leave work early, is that permissible

Answer:

Praise be to Allaah.

With regard to the first question, what the Muslim should do with regard to these events is to offer help to his brothers in Afghanistan and to make du'aa' for them that Allaah will help and strengthen them, and support them.

With regard to the second question: if what you mean is that you are an employee who is required to work for a certain number of hours, such as seven hours a day for example, and you are able to complete in five hours the work that is expected of you in seven hours, then you leave and your immediate superior has given you permission, then it seems that there is nothing wrong with that, so long as the following conditions are met:

1 _ Your staying there should not be essential to your work, such as meeting clients, rather it should be the case that the extra time is a waste of time.

2 _ Your being fast should not be detrimental to the work you are doing, rather you should do it completely without any shortcomings.

3 _ The department in which you work should not have rules against such behaviour (because most departments and companies make it a condition that employees be present during work hours).

If these conditions are met, then I hope that there is nothing wrong with that.

Shaykh Sa'd al-Humayd (www.islam-qa.com)

12397: Retirement lump sum for a bank employee

Question:

One of our friends is asking about his father who works in a interest-based bank and is about to retire. He will be given a lump sum at the end of his career from the money of this interest-based bank. What is the ruling on this lump sum? What is the ruling on the pension that he will receive after retirement? (Please note that the retirement pension will be paid to him monthly from the social security fund, which is a body which receives payments made by the employer _ the bank in this case _ and compulsory deductions from the employee towards the pension).

Answer:

Praise be to Allaah.

Our shaykh `Abd al-`Azeez ibn Baaz (may Allaah have mercy on him) was asked about the payment of a lump sum upon redundancy for an employee of a interest-based bank. He replied that it is permissible for him to take something in return for the period that he worked in the riba-based bank before he knew that it was haraam, and that it is not permissible for him to take anything for the period when he worked and was aware of the prohibition.

For example, if we suppose that he worked for 30 years in the bank, and he did not know for 20 years that his work was haraam, then he came to know of the ruling, but he continued to work for another 10 years, then he may take (a lump sum) in return for the twenty years, but not for the last ten years.

With regard to his children, it is permissible for them to take what they need from their father even if his earnings are haraam, because his spending on them is obligatory, and the sin is on him only. But they should advise him and not take too much. And Allaah knows best.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)

12332: Teacher tutoring students outside of school (private lessons)

Question:

Some students ask their teachers for help with their studies outside of school with things that they don't understand, in return for payment. Knowing that the student is the one who is asking the teacher for that, is there any difference in the ruling if the student is studying with that teacher in the same school? Does this go against the words of the Prophet (peace and blessings of Allaah be upon him), "Seeking knowledge is obligatory upon every Muslim"?

Answer:

Praise be to Allaah.

There is nothing wrong with a student asking a teacher for help outside the classroom to teach him and help him understand the subjects he is studying, whether that is with his own teacher or another teacher. But if the regulations of the school do not allow that, then the student should adhere to the regulations that concern him. But if there are no such regulations, then there is no reason why he should not have some teachers to tutor him outside of school hours in his home or in the mosque. There is nothing wrong with that.

Kitaab Majmoo' Fataawa wa Maqaalaat Mutanawwi'ah li Samaahat al-Shaykh al-`Allaamah `Abd al-`Azeez ibn `Abd-Allaah ibn Baaz (may Allaah have mercy on him), vol. 8, p. 279 . (www.islam-qa.com)

12627: Taking payment for reciting Qur'aan [Qur'an, Quran] over a sick person

Question:

We heard that some of those who use the Qur'aan [Qur'an, Quran] for treatment _ by reading Qur'aan [Qur'an, Quran] and du'aa's prescribed in sharee'ah over water or perfumed oil for the treatment of sihr (witchcraft), the evil eye and the touch of the Shaytaan (madness) _ take payment for doing that. Is this permissible according to sharee'ah? Does reciting over oil or water come under the same ruling as reciting over the patient himself for the purpose of treatment?

Answer:

Praise be to Allaah.

There is nothing wrong with taking payment for treating the sick by means of ruqyah, because it was reported in al-Saheehayn that a group of the Sahaabah (may Allaah be pleased with them) went to a tribe among the Arabs who did not offer them hospitality. Their chief was stung, and they did everything but to no avail. Then they came to that group of Sahaabah (may Allaah be pleased with them) and said, "Is there any raaqi (one who does ruqyah) among you? For our chief have been stung." They said, "Yes, but you did not offer us hospitality, so we will not do ruqyah for him unless we make a deal." So they agreed upon a number of sheep, then one of the Sahaabah did ruqyah for him by reciting Soorat al-Faatihah, and he recovered. They gave them what had been agreed upon, then the Sahaabah said to one another, "Let us not do anything until we tell the Prophet (peace and blessings of Allaah be upon him)." When they came to Madeenah, they told him about it and he said, "You did the right thing." There is nothing wrong with reciting into water or oil to treat the sick, the one who is affected by sihr (witchcraft) or the insane, but reciting over the sick person and blowing onto him is better and is preferable. Abu Dawood (may Allaah have mercy on him) narrated with a hasan isnaad that the Prophet (peace and blessings of Allaah be upon him) recited into water for Thaabit ibn Qays ibn Shammaas, then he poured it over him. The Prophet (peace and blessings of Allaah be upon him) said, "There is nothing wrong with ruqyah so long as it does not involve shirk." This saheeh hadeeth includes the sick person doing ruqyah for himself, and doing ruqyah by reciting into water, oil, etc. And Allaah is the Source of strength.

Majmoo' Fataawa wa Maqaalaat Mutanawwi'ah li Samaahat al-Shaykh al-`Allaamah `Abd al-`Azeez ibn `Abd-Allaah ibn Baaz (may Allaah have mercy on him), vol. 9, p. 408 (www.islam-qa.com)