Jurisprudence and Islamic Rulings -Part 8

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)

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):

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

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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)

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)

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):

[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)

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)

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.

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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)

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)

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)

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 categories:

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)

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)

40019: He pilfered some money and does not know how much, and he cannot repay it. What should he do?

Question:

During some part of my life I was a sinner, and my problem is that I used to pilfer from the petty cash in the place where I was. After Allaah guided me I became aware of my sin and I started to give back the money I owed. But the problem is that I do not know exactly how much it was. I tried to get the owner of the place to forgive me without mentioning the reason but I could not do it. I do not have any other money that I could use to pay it off. Will Allaah accept my repentance if I cannot return what I owe? If there is anything that I can do, what is it?.

Answer:

Praise be to Allaah.

What you have to do is to repent to Allaah and return all the money that you took. Your repentance is not complete otherwise. If you do not know the exact amount, then it is sufficient to do what you think is most likely, and be on the safe side [?] when estimating how much you owe. If you are not sure whether the amount is eighty or one hundred, for example, then pay one hundred, so that you will meet your Lord free from the burden of this treachery and wrongdoing. Al-Bukhaari (2449) narrated that Abu Hurayrah (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: "Whoever has wronged his brother with regard to his honour or anything else, let him settle the matter now, before there is no dinar and no dirham, and if he has any righteous deeds some will be taken from him according to the wrong he did, and if he has no hasanaat (good deeds), some of the other person's sayi'aat (bad deeds) will be taken and given to him."

Whatever you are unable to repay now is a debt that you owe, and you will not have discharged your duty until you pay it. What you have to do in that case is to make sure that it is mentioned in your will, lest death come upon you suddenly before you can pay it off. Al-Bukhaari (2738) and Muslim (1627) narrated from Ibn `Umar that he heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say: "No Muslim who has anything concerning which a will should be made should spend three nights without making a written will." `Abd-Allaah ibn `Umar said: I never spent one night since I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say that but I had my will with me.

We ask Allaah to help you and give you strength.

And Allaah knows best.

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

40157: He is afraid that if he returns money that he stole before he was guided, he will be found out. What should he do?

Question:

By the grace of Allaah, and with all praise to Him, He has guided me to the path of truth and goodness, and I hope that Allaah will complete His blessing upon me and guide every sinner, and bring the Muslims back to their religion, for He is Able to do that.

I learned from the scholars that repentance is not valid unless I give people back what is rightfully theirs.
I worked in a company nearly ten years ago, and I stole a sum of money, the exact amount of which I cannot remember, but it was no more than one hundred dinars. Returning the money now may cause some problems for me and my family, especially since my family and I are still in touch with the owners of the company. What should I do?

Can I send the money to them via mail without mentioning my name, just writing a letter which says that this money was taken from them unlawfully?.

Answer:

Praise be to Allaah.

We praise Allaah for having enabled you to repent. It is well known that money is the fitnah (trial) of this ummah, so being enabled to repent from having taken people's money unlawfully is a great blessing for which you must always thank Allaah.

In order to make your repentance complete you have to return the money to its owners. It is good that you are asking this question. We have already discussed this matter in our answer to question no. 31234, in which it stated that the one who wants to return property to its rightful owners does not have to disclose his identity to them, because the purpose is to restore the property to its rightful owner, not to know who the thief is.

Hence you should look for a suitable way by means of which you can preserve your dignity whilst also returning the property to its rightful owners without embarrassing yourself in front of the owners of this company. And Allaah knows best. Islam Q&A (www.islam-qa.com)

36788: Invitation to a dinner given by a riba-based bank

Question:

What is the ruling on accepting an invitation to a dinner or party given by banks that deal in riba?.

Answer:

Praise be to Allaah.

It is not permissible to accept invitations to dinners etc given by banks that deal in riba.

And Allaah is the Source of strength,

Fataawa al-Lajnah al-Daa'imah li'l-Buhooth al-`Ilmiyyah wa'l-Ifta', 14/42. (www.islam-qa.com)

43100: He took some money unlawfully. How should he repent?

Question:

He was employed in a government department, and some income came to him in an unlawful manner. Then Allaah guided him. What should he do about those things that he has spent in an inappropriate manner, knowing that he does not know how much there was?.

Answer:

Praise be to Allaah.

He has to return what he took from each person to its rightful owner, if he can find him or his heirs. If he tried hard and could not do that, then he should give the money in charity with the intention that it is being given on behalf of its owner.

And Allaah is the Source of strength.

Fataawa al-Lajnah al-Daa'imah li'l-Buhooth al-`Ilmiyyah wa'l-Ifta', 14/25. (www.islam-qa.com)

39488: It is not permissible for your father to accept what is given to him because of his work

Question:

My father works for a company and some people give him money or personal gifts at work. He stopped taking this money but he soon went back to taking it. He tells me, "I don't differentiate between those who give me gifts and those who do not." What is the situation with regard to the money we take from him, the food we eat and the clothes and gold we wear; and what is the situation with regard to our du'aa' to Allaah. When he gives us food as a gift, should we accept it? Once he forced me to accept clothes from some of these people. Is it permissible for me to wear them?.

Answer:

Praise be to Allaah.

It is not permissible for your father to accept what is given to him because of his work, because al-Bukhaari (6636) and Muslim (1832) narrated from Abu Humayd al-Saa'idi that the Messenger of Allaah (peace and blessings of Allaah be upon him) appointed a man to collect the zakaah, and when he had finished his work, the man came and said, "O Messenger of Allaah, this is for you and this was given to me as a gift." He said, "Why don't you sit in the house of your father and mother and see whether you get any gifts or not?" Then the Messenger of Allaah (peace and blessings of Allaah be upon him) stood up after `Isha' prayer, testified (to the Oneness of Allaah) and praised Him as He deserves to be praised, then he said, "What is the matter with a zakaah-collector whom we appoint, then he comes and says, `This is for you, and this was given to me as a gift.' Why does he not sit in the house of his father and mother and see whether he receives any gifts or not? By the One in Whose hand is my soul, no one of you steals anything from it [the zakaah] but he will come on the Day of Resurrection carrying it on his shoulders, even if it is a camel that he brings groaning, or a cow that he brings mooing, or a sheep that he brings bleating. I have conveyed the message." Abu Humayd said: Then the Messenger of Allaah (peace and blessings of Allaah be upon him) raised his hand until I could see the whiteness of his armpit.

So your father should be told what the Messenger of Allaah (peace and blessings of Allaah be upon him) said: " `Why don't you sit in the house of your father and mother and see whether you receive any gifts or not?' _ because you are only getting these gifts because of the job to which you have been appointed."

If that is the case, then these gifts belong to the job, and he has no right to take them for himself.

Shaykh Ibn Baaz (may Allaah have mercy on him) said: This hadeeth indicates that it is obligatory for the person who is employed by the state to do the job for which he has been appointed, and he has no right to take any gift that has to do with his work. If he takes it then he should put it in the bayt al-maal (public treasury), and it is not permissible for him to take it for himself because of this saheeh hadeeth, and because that is a means that leads to evil and betraying trust. From Fataawa `Ulama' al-Balad al-Haraam, p. 655

Ahmad and al-Bayhaqi narrated that the Prophet (peace and blessings of Allaah be upon him) said: "Gifts given to workers (employees) are ghulool (lit. stolen war booty)" i.e., a betrayal. This hadeeth was classed as saheeh by al-Albaani in Saheeh al-Jaami', no. 7021.

Your father's saying that he does not differentiate between those who give him things and those who do not does not alter the fact that this is haraam, but if he makes things difficult those who do not give him anything, then that makes his sin more serious.

His claim that he does not differentiate between those who give him gifts and those who do not is dubious, because gifts have an effect on the heart. Man is created in such a way that he likes those who are kind to him, so these gifts may make your father biased towards the one who gave him the gift, so he may give him something he is not entitled to. So let him fear Allaah, and refrain from these haraam earnings, for all the pleasures of this world are temporary, so how about if they are also haraam?

Whatever he has received of these gifts, it is not permissible for you to take them or make use of them, because this is haraam wealth,

Whatever you have saved from your father's salary that he was paid in return for his permissible work, there is nothing wrong with you benefitting from it.

With regard to the clothes that he forced you to take, if they were bought for the regular price, there is nothing wrong with you wearing them, but if he took them as a gift or for a reduced price, you should not wear them.

Try to advise your father, and remind him of the seriousness of haraam wealth, and encourage him to ask the scholars so that they can dispel his doubts.

And Allaah knows best.

Islam Q&A

(www.islam-qa.com)

20695: What should be done with interest?

Question:

I am working in a company where they gave to employees a few years ago a mount of money they put in a blocked account for 5 years. This amount of money is with interest and they give it to you after 5 years or when you give your resignation.

I know it is haram but we did not have any choice.

I am going to leave the company in a few month, and I would like to know how I have to do with this money. Can I keep what they gave me initially and give the amount of interest os saddakka ? Can you please help me, because I do not want to commit a sin.

Answer:

Praise be to Allaah.

The money that you are going to take after five years will be composed of the capital _ which is the money paid by the company _ and the riba-based profits _ which are known as interest. Because riba-based money is not permissible for you, you have no right to take any more than the capital, and you have to leave the interest to the bank, because Allaah says (interpretation of the meaning):

"but if you repent, you shall have your capital sums"

[al-Baqarah 2:279]

See also question no. 22392.

If the bank insists on your taking this haraam interest, then you should take it and you have to get rid of it by giving it to charity; it is not permissible for you to keep it or benefit from it in any way. See question no. 292.

And Allaah knows best.

Islam Q&A

(www.islam-qa.com)

20952: Can he accept money that comes from the lottery company?

Question:

I recently found out that the scholarship I receive to help pay my school tuition is funded by the Florida lottery. Should I not accept the scholarship any more?.

Answer:

Praise be to Allaah.

If this money is only a scholarship and is not subject to any condition requiring you to work with them _ for example _ or to advertise for them and commend their work, then there is nothing to prevent you accepting it. Money that is haraam because of its source may be made use of and taken possession of if it is transferred in a manner that is Islamically acceptable.

Shaykh Ibn `Uthaymeen said:

… Others said with regard to that which is haraam because of its source, the sin is one on the one who acquired it, not on the one who takes it in a permissible manner from the one who acquired it. This is unlike things that are haraam in and of themselves, such as alcohol, goods seized by force, etc. This is a strong opinion, based on the fact that the Messenger of Allaah (peace and blessings of Allaah be upon him) bought food for his family from a Jew _ narrated by al-Bukhaari, 1954; Muslim, 3007. And he ate from the roast sheep that was given to him by the Jewish woman at al-Khaybar, and he accepted the invitation of a Jew. Narrated by Ahmad, 3/210.

It is well known that most of the Jews deal in riba (usury) and consume haraam wealth. This view may be supported by the fact that the Prophet (peace and blessings of Allaah be upon him) said, concerning the meat that was given in charity to Bareerah, "It is charity for her and for us it is a gift." Narrated by al-Bukhaari, 1398; Muslim, 2764.

Al-Qawl al-Mufeed Sharh Kitaab al-Tawheed, 3/138, 139.

For more information, please see the answers to questions no. 4820.

We should point out that it is not permissible for a Muslim to remain in the land of kufr or to study in a mixed environment, because that involves doing several things that are forbidden in sharee'ah.

For more information please see the answers to questions no. 2956 and 10338.

And Allaah knows best. Islam Q&A (www.islam-qa.com)

33695: What should a person who accumulated his wealth from haraam sources do?

Question:

A man worked in a haraam field (dealing in hashish) and made a lot of money and had children. He owns cars, farms and land, all of it from haraam money. He wants to repent _ what should he do with his wife, wealth, cars and farms?.

Answer:

Praise be to Allaah.

He should get rid of the haraam wealth by spending it in charitable ways. With regard to his wife and children, he need not worry about them.

And Allaah is the Source of strength.

Fataawa al-Lajnah al-Daa'imah li'l-Buhooth wa'l-Ifta, 14/29. (www.islam-qa.com)

33852: Ruling on money earned from haraam sources

Question:

Is it true that if a man who gathered his wealth from haraam sources such as selling wine and manufacturing it, or making and distributing drugs, repents to Allaah, then his wealth becomes halaal?.

Answer:

Praise be to Allaah.

If he knew at the time of earning haraam money that it was haraam, then it does not become permissible for him when he repents, rather he has to get rid of it by spending it on charitable causes.

And Allaah is the Source of strength.

Fataawa al-Lajnah al-Daa'imah li'l-Buhooth wa'l-Ifta', 14/32.

(www.islam-qa.com)

13710: Cheating at work to get extra travel expenses

Question:

If an employee is entitled to travel expenses to move his family from his city to his place of work, and his family did not in fact move, rather he forged documents and received an amount of money for that, is that permissible or not?.

Answer:

Praise be to Allaah.

This action is not permissible according to pure Islamic sharee'ah, because he is acquiring money by means of lying and deception. Acquiring money in that manner is haraam and must be denounced and warned against. May Allaah grant us sufficient provision and keep us safe from that.

Majmoo' Fataawa wa Maqaalaat li'l-Shaykh Ibn Baaz, 6/401 (www.islam-qa.com)

14367: Is it permissible to steal from the kuffaar?

Question:

Is stealing from the kuffar haram if you live in a kaafir country? The person I'm thinking of is certainly not starving or in need of the things that he steals. It is also rather safe to live as a muslim in this country and the oppression is not grave.

Answer:

Praise be to Allaah.

No one is unaware of the fact that stealing is a major sin, for which Allaah has enjoined the punishment of having the hand cut off. Sharee'ah makes no distinction between the wealth of a male and the wealth of a female, or between the wealth of a minor and the wealth of an adult, or between the wealth of a Muslim and the wealth of a kaafir. The only exception made by sharee'ah is the wealth of kaafirs who are waging war against the Muslims.

The Muslim should be a good example of trustworthiness, honouring agreements and good character. When Muslims have had such characteristics, this has been the cause of many kaafirs entering Islam, because they saw the beauties of Islam and the good character of its people.

The Muslim who regards the kaafirs' wealth as permissible, whether he is in a Muslim country or in a kaafir country, is doing the kaafirs a great favour and helping them to distort the image of Islam and Muslims; he is thereby helping those who are launching attacks against Islam.

When a Muslim enters a kaafir country, it is as if he entering into a peaceful agreement with them _ which is the visa which is given to him to enable him to enter their country _ so if he takes their wealth unlawfully, then he is breaking that agreement, in addition to being a thief.

The wealth that he steals from them is haraam. It was narrated that al-Mugheerah ibn Shu'bah kept company with some people during the Jaahiliyyah. He killed them and took their wealth, then he came and entered Islam. The Prophet (peace and blessings of Allaah be upon him) said: "As for your Islam, I accept it, and as for the wealth, I have nothing to do with it." According to a report narrated by Abu Dawood, "As for your Islam, we accept it, and as for the wealth it is obtained through treachery, and we have no need of it." (Narrated by al-Bukhaari, 2583; Abu Dawood, 2765; classed as saheeh by al-Albaani in Saheeh Abi Dawood, 2403).

Al-Haafiz Ibn Hajar said:

The phrase "and as for the wealth, I have nothing to do with it" means, I will not touch it because it was obtained through treachery. What we learn from this is that it is not permissible to take the wealth of the kuffaar by treachery when they have trusted you and granted you safety, because when people accompany one another (when travelling), they do so on the basis of mutual trust, and that trust should not be betrayed, whether the other person is a Muslim or a kaafir. The wealth of the kuffaar is only permissible in the case of combat and war. Perhaps the Prophet (peace and blessings of Allaah be upon him) let him keep the wealth in the hope that the people of its owner might become Muslim, then he could return their wealth to them.

Fath al-Baari, 5/341

Al-Shaafa'i (may Allaah have mercy on him) said: When a Muslim enters dar al-harb (the non-Muslim lands) on peaceful terms, and finds himself in position to take something of their wealth, it is not permissible for him to take it, whether it is a little or a lot, because if he is safe from them, they should be safe from him, and because it is not permissible for him to take anything from them when they have given him safety except what it is permissible for him to take from the wealth of the Muslims and ahl al-dhimmah (non-Muslims living under the protection of the Muslim state). Wealth may be forbidden for a number of reasons:

If the owner is a Muslim

if the owner is (a non-Muslim) living under the protection of the Muslim state

if the owner is one with whom there is a peace deal, until the deal expires; such people are considered to be like ahl al-dhimmah as far as the sanctity of their wealth is concerned, until the deal expires.

Al-Umm, 4/284

Al-Sarkhasi (may Allaah have mercy on him) said: It is not right for a Muslim who is on peaceful terms with them to betray them, because betrayal is haraam. The Prophet (peace and blessings of Allaah be upon him) said: "Every betrayer will have a banner by his backside on the Day of Resurrection, by which his betrayal will be known." If he betrays them and steals their wealth, and brings it to the Muslim lands, it is not right for a Muslim to buy from him if he knows about that, because he has obtained it in an evil manner, and buying from him is encouraging him in that, which it is not right for the Muslim to do. The basic principle in this matter is the hadeeth of al-Mugheerah ibn Shu'bah (may Allaah be pleased with him), when he killed his companions and brought their wealth to Madeenah and became Muslim, and asked the Messenger of Allaah (peace and blessings of Allaah be upon him) to take the khums of his wealth, and he said, "As for your Islam, we accept it, and as for the wealth it is obtained through treachery, and we have no need of it." Al-Mabsoot, 10/96 And Allaah knows best.

Islam Q&A

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20062: He was given more money than he was entitled to

Question:

What is the ruling in Islam if you have been overpaid by your employers, undercharged when purchasing an item, given too much change and if your phone company has accidentally credited your account with some money.

Answer:

Praise be to Allaah.

Firstly: in all the cases mentioned above, you must give back to people what is their due. It is not permissible for you to take the money of other people if they forget or make a mistake. What you have been given does not belong to you and it is not permissible for you to take it. If something is credited to your account by mistake or because of forgetfulness, it is not permissible for you to take it. This is indicated by all the evidence of sharee'ah.

Allaah says (interpretation of the meaning):

"O you who believe! Eat not up your property among yourselves unjustly except it be a trade amongst you, by mutual consent"

[al-Nisa' 4:29]

"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]

It was narrated from Abu Hurayrah that the Prophet (peace and blessings of Allaah be upon him) said: "The signs of a hypocrite are three: when he speaks he lies, when he makes a promise he breaks it, and when he is entrusted with something he breaks that trust." (Narrated by al-Bukhaari, 33; Muslim, 59).

Ahmad (94, 23) narrated that the Prophet (peace and blessings of Allaah be upon him) said: "It is not permissible for a man to take his brother's wealth unlawfully." That is because Allaah has forbidden the Muslim to take his fellow-Muslim's wealth.

According to a report narrated by Ibn Hibbaan (13/317): The Messenger of Allaah (peace and blessings of Allaah be upon him) said: "It is not permissible for a Muslim to take his brother's stick without his consent." Classed as saheeh by Shaykh al-Albaani in Ghaayat al-Muraam, 456.

It was narrated that Abu Humayd al-Saa'idi said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: "… By Allaah, no one of you takes something unlawfully but he will meet Allaah carrying it on the Day of Resurrection. So I will recognize one of you meeting Allaah carrying a camel bellowing, or a cow mooing, or a sheep bleating." Then he raised his hand until the whiteness of his armpit could be seen, and he said, "O Allaah, have I conveyed (the message)?"

Narrated by al-Bukhaari, 6578; Muslim, 1832.

Secondly:

But if the owner of the money has given you more than you are entitled to, then that belongs to you and there is nothing wrong with that, because the Prophet (peace and blessings of Allaah be upon him) said: "Whatever of this wealth comes to you and you were not hoping for it or asking for it, then take it, otherwise do not hope for it." (Narrated by al-Bukhaari, 1473; Muslim, 1045).

And Allaah knows best.

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

21401: Well-off people taking things that are only for the poor from a kaafir state

Question:

In USA, some Muslims request food stamps -which are assigned to poor people- while they have enough money. They hide their bank accounts information to be eligible for these stamps. When I advised them, they told me that it is not haram because they dont take money from an Islamic country! Is that correct?

Answer:

Praise be to Allaah.

Firstly:

It is not permissible for you to stay in a kaafir country unless you have a valid shar'i reason and fulfil the conditions set out by sharee'ah. These have already been explained several times. Please see Question #12866 and 6154.

Secondly:

It is not permissible for those who are not entitled to take these food stamps, whether that is from a Muslim country or from a kaafir country, because the one who takes them in this case comes under the ruling on one who tells lies, and Allaah and His Messenger have forbidden telling lies.

It was narrated from Abu Hurayrah that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: "The signs of the hypocrite are three: when he speaks he lies, when he makes a promise he breaks it and when he is entrusted with something he betrays that trust."

(Narrated by al-Bukhaari, 33; Muslim 59).

It was narrated from `Abd-Allaah ibn Mas'ood that the Prophet (peace and blessings of Allaah be upon him) said: "Truthfulness leads to righteousness, and righteousness leads to Paradise. A man will keep on telling the truth until he becomes a siddeeq (one who speaks the truth). Lying leads to evildoing and evildoing leads to Hell. A man will keep on telling lies until he is recorded with Allaah as a liar." (Narrated by al-Bukhaari, 5743; Muslim, 2607).

This also involves consuming people's property unlawfully.

Allaah says (interpretation of the meaning):

"And eat up not one another's property unjustly"

[al-Baqarah 2:188]

It is not permissible for a Muslim to ask people for money when he has no need of it. Muslim narrated in his Saheeh (no. 1041) that the Prophet (peace and blessings of Allaah be upon him) said: "Whoever asks the people for money in order to amass more wealth is asking for a burning coal, so let him ask for less or more." What this means is asking so that he may accumulate a large amount when he does not need to. This was stated by al-Haafiz.

Thirdly:

Muslims should be above doing such reprehensible deeds which are not only damage their own image and reputation but that of their religion as well, for this action may be a cause of the kaafirs attacking their religion or criticizing it.

Allaah praises those who are poor but do not ask people for anything. Allaah says (interpretation of the meaning):

"(Charity is) for Fuqaraa' (the poor), who in Allaah's Cause are restricted (from travel), and cannot move about in the land (for trade or work). The one who knows them not, thinks that they are rich because of their modesty. You may know them by their mark, they do not beg of people at all. And whatever you spend in good, surely, Allaah knows it well"

[al-Baqarah 2:273]

So what about one who is not poor and is not in need, but he asks or begs from people? Could this be something praiseworthy and commendable?

And Allaah knows best.

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

31217: Can she use things that her father takes from work unlawfully?

Question:

My problem is that my father works for one of the airline companies and sometimes he brings things home with him, either from the airplanes or from the airport. I tell him that this is not permissible and that it is haraam, and I say, "This doesn't belong to you," but he does not listen to my advice, even though he is religiously committed or he appears outwardly to be committed. I am trying to make him inwardly committed too, but he does not respond to me. I think that he does not accept that from me because I am his daughter and I am confused about the things that he brings home and I do not use them. But sometimes I am forced to use them because he does not buy them from the market, on the grounds that we already have them, but they are from a haraam source. What is the ruling on these things? If I use them unwillingly or because I am forced to, what is the ruling?

Answer:

Praise be to Allaah.

Your question covers two issues:

1 _ Your father taking things that belong to his work without permission.

2 _ Your using this property that your father has brought home.

1 _ With regard to your father, it is haraam for him to take something without the permission of its owner, because Allaah says (interpretation of the meaning):

"And eat up not one another's property unjustly (in any illegal way, e.g. stealing, robbing, deceiving)"

[al-Baqarah 2:188]

And the Prophet (peace and blessings of Allaah be upon him) said: "It is not permissible for you to take the property of a Muslim except with his consent." (Narrated by Ahmad, 201172). On this basis, you have to advise your father to return these things to their owner; he will be a sinner unless he does that. If he does not know who the owner is, then he should give them in charity.

2 _ With regard to other members of the household apart from your father, it is not permissible for them to use these things, because they have been taken unlawfully, except in cases of necessity where a person fears that he will miss out on some benefit or he fears losing a limb or his life. In this case it is permitted but only as much as is necessary.

Shaykh Khaalid ibn `Ali al-Mushayqih _ Assistant Professor at Imaam Muhammad ibn Sa'ood University, al-Qaseem (www.islam-qa.com)

22399: Ruling on working for or buying magazines whose content is mostly haraam, as is the case with many women's magazines, both Arabic and western

Question:

Can you please tell me what dose Islam say, about these newspapers, that are in these Muslim countries, with pictures of woman and man and other living things on them, and you will see advertisements of things which are against Islam. You can read about actors, singers and dancers and when you open these newspapers you will see a big picture of kaffir woman or a kaffir man dress in kaffir clothes. You will also find what new movies are playing. You can read about how to get your face look the best or how to get your nose look perfect. Beside these things you will find many other things that are prohibited in Islam, but on the other side you will also find news of the local city, country and the world news. You can read about sports, business, stocks that are haraam in Islam. After all this, is working in these newspaper companies Halaal or Haraam.

And in the western society you see the local Muslim news papers, where there are adds for getting people loans on low interest getting people house on low interest and Indian movies stores adds and then there is the entertainment section about dancing and music picture of half naked girls and picture of fashion that is against Islam.

The person who works for a newspaper like this, is his income halaal or haraam. I mean all the people who are involved in it, from the one who writes the news from the one who prints it, from the one who delivers it, are there income halaal or haraam.

And reading these newspapers is that halaal or haraam
The people who are doing this work are they committing a sin and the ones who are reading it too.

Then we have these newspapers in the western countries which are full of things that are totally against Islam, picture of half naked girls in them, other topics of sex, drinking, music, movies, interest, gambling and many other things which are against Islam, you think it is ok for us Muslims to buy such a newspaper which has all this information in it, they might be some good in it but 99% is evil.

Now the person who works for such a newspaper company is his income halaal or haraam? and every one who is involved in this operation does not matter what level they are at, how much they are involved in it, but they are a part of it some how, is there income halaal or haraam?
Are they committing a great sin.? Are we when buying such a product committing a sin?

Answer:

Praise be to Allaah.

Working for such newspapers and magazines whose content is mostly haraam is not permissible, and the income from such work is also haraam, because when Allaah forbids a thing He also forbids its price. It is also haraam to distribute them, read them, buy them or sell them, and anything else that has to do with them. Rather we must boycott them.

Shaykh `Abd al-Kareem al-Khudayr.

(www.islam-qa.com)

25758: Ruling on taxes that are paid on goods

Question:

What is the ruling on customs tax paid on imported goods?
Is it permissible to pay a sum of money to any of the customs officers in order to reduce the customs payment? For example _ paying a sum of money to the officer who evaluates the customs so that he will charge less for customs or submit a report that does not tell the truth?

Answer:

Praise be to Allaah.

With regard to the maks (duty, tax) that is taken from the Muslims, this is haraam, because Allaah says (interpretation of the meaning):

"O you who believe! Eat not up your property among yourselves unjustly" [al-Nisa' 4:29]

And the Prophet (peace and blessings of Allaah be upon him) said: "It is not permissible to take the wealth of a Muslim except with his consent." (Narrated by Ahmad and classed as saheeh by al-Albaani in al-Irwa', 1459). Siddeeq Hasan al-Bukhaari said in al-Rawdah al-Nadiyyah, 2/215, concerning customs duty that is levied on the Muslims: " If we think about it, this is undoubtedly nothing more than the maks." Maks is a kind of tax and refers to money that was taken from vendors in the market-places during the Jaahiliyyah, or taken from merchants when they passed through. (See `Awn al-Ma'bood, hadeeth no. 2548). This tax is one of the major sins, because the Prophet (peace and blessings of Allaah be upon him) said, concerning the woman who had committed zina (adultery), then came to the Prophet (peace and blessings of Allaah be upon him) so that the hadd punishment might be carried out on her, "By the one in Whose hand is my soul, she has repented in such a way that if the one who wrongfully takes the maks from people had repented like this, he would have been forgiven." (Narrated by Muslim, 3208). Al-Nawawi (may Allaah have mercy on him) said in Sharh Saheeh Muslim (11/203): "This shows that the maks is one of the most evil of sins and actions that condemn a man to Hell."

If a Muslim cannot find any means of warding off this evil from himself other than paying a sum of money to the customs official, then it is permissible for the one who is paying to do that, but for the official who takes this money, it is haraam for him. See Majmoo' al-Fataawa by Shaykh al-Islam Ibn Taymiyah (30/359, 358). This is so long as no greater evil will result from that unavoidable bribe. But if a greater evil will result from that, then it is not permissible to pay it in that case. Also, we must point out the importance of not telling lies. If a person is forced to pay then he should pay and seek the reward for his being wronged with Allaah. And Allaah knows best.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

1203: Taking an orphan's property is stealing

Question:

I made a vow and I have orphans under my care. Can I fulfil this vow from the property of these orphans?

Answer:

Praise be to Allaah.

It is not permissible to fulfil the vow from the property of the orphans. Allaah says (interpretation of the meaning):

"And come not near to the orphan's property, except to improve it"

[al-An'aam 6:152]

If we pay this from the orphan's property, there is no benefit to the orphan, rather taking it is counted as stealing. Everyone who is in charge of orphans' property has to dispose of it in the manner which he thinks is in the orphans' best interests. With regard to that which is not in their interests, or which serves some interest but there is some doubt as to whether it is in their best interests, then it is not permissible to dispose of it in that manner, because of the quotation mentioned (interpretation of the meaning):

"And come not near to the orphan's property, except to improve it" [al-An'aam 6:152]

So it is not permissible dispose of it, even if they are her children.

al-Da'wah magazine, issue# 1798 p/61 (www.islam-qa.com)

8872: He stole money and gave it to his father

Question:

A boy stole some money, and gave it to his father. Then his father died and did not leave anything behind. Does the son have to pay it back once he reaches the age of puberty?

Answer:

Praise be to Allaah.

Yes, he has to pay it back. And Allaah knows best.

Fataawa al-Imaam al-Nawawi, p. 144 (www.islam-qa.com)

12088: Kuwaitis being paid through the United Nations for the delay in compensation from the Iraqis

Question:

One of the laws concerning compensation for those who were affected by the Iraqi invasion of Kuwait is that those who were expelled from Kuwait should be given salaries for the period during which they were exiled, in addition to a lump sum to be decided by the UN _ which is supervising the payment of compensation _ which is a penalty on Iraq for not paying this amount all this time. Is it permissible for those who were affected by the war to take this additional amount or not?

Answer:

Praise be to Allaah.

We put this question to Shaykh Muhammad ibn Saalih al-`Uthaymeen, may Allaah preserve him, who answered as follows:

He may take as much as he lost, but it is not permissible for him to take more because this is riba. Even if we assume that it is a penalty, it should be given to the Bayt al-Maal (treasury) of the Muslims, he (the individual) has no right to it.

Question: when they try to justify it, they say: this is money which you had the right to take ten years ago. If you had taken it ten years ago, you could have benefited from it and invested it, so this additional sum is compensation for withholding it all this time.

Answer: This is not permissible according to sharee'ah, because firstly, if he had taken the money at that time and used it, he could have lost it. Secondly, it is not permissible to take an additional amount in return for delaying payment, as stated above.

Question: does the fact that the additional amount was not stipulated in advance change anything?

Answer: It does not change anything, and it is not permissible to take the additional amount even if it was not stipulated in advance. Moreover, it is known that the one who is paying this amount is being forced to do so.

Shaykh Muhammad ibn Saalih al-`Uthaymeen (www.islam-qa.com)

5559: Their father left behind haraam money

Question:

A muslim man had invested (buy shares)in company dealing with alcohol. He then made some profit by selling the shares. Some years later he died. His children realise that what their father did was wrong. What can his children do.Can they sadaqa or donate for the public use(build roads, mosque, madrasah etc)with the money that their father made profit from selling the shares. If all the money has been used, can his children use their own money to donate for the public.

Answer:

Praise be to Allaah.

One of the duties which the children owe to their father is to give the money which he earned from selling these shares to something which will be of public benefit, such as building roads, schools and other facilities. But it should not be used to buy food for them or for others _ to be on the safe side _ and it should not be used to build a mosque. By paying out this money they will clear their father of sin, but this will not bring them closer to Allaah, because Allaah is good and only accepts that which is good.

Whether they pay the exact same money or an equivalent amount from their own wealth, it is OK, because the prohibition has to do with how it was earned, not the currency itself. If they pay an amount equal to that which was earned, this will be sufficient.

Ibn al-Qayyim (may Allaah have mercy on him) said concerning a principle which he mentioned about mixing permissible things with forbidden things: "… there are two kinds of this. The first is when the forbidden thing is haraam in and of itself, such as blood and urine… The second is when it is haraam in the way in which it was earned, not because it is haraam in and of itself, such as money that is taken by force. This second kind does not necessitate avoiding that which is halaal or prohibiting it in totality. If his money is mixed with haraam money, or is mostly haraam, he should take out the haraam amount, then the rest becomes permissible for him with no sense of it being makrooh, regardless of whether what he takes out is the exact same money that he earned in a haraam manner or is an equivalent amount, because its being haraam does not have to do with the essence of the money itself; it has to do with the way in which it was earned.

(Badaa'i' al-Fawaa'id, 3/257)

(www.islam-qa.com)

7959: Lying to the government in order to receive assistance

Question:

THERE ARE PEOPLE I KNOW WHO WORK IN ENGLAND IN A RESTAURANT AND ARE PAYED VERY WELL, BUT WHAT THEY DO IS THEY TELL THE AUTHORITY THAT THEY ARE PAYED LESS SO THAT THEY CAN RECEIVE EXTRA MONEY. THE GOVERNMENT HELPS THOSE WHO ARE ON LOW INCOME. IS THIS HALAL FOR THEM TO LIE AND GET THIS EXTRA MONEY? WHEN ASKED THEY REPLY THAT THE TAX IS QUITE HIGH IN THIS COUNTRY. BUT DOES IT MEAN YOU CAN LIE AND GET EXTRA? PLEASE EXPLAIN.IF IT IS WRONG THEN THE MONEY IS HARAM? THE DUA IS NOT ACCEPTED? HAJ IS NOT ACCEPTED? PLEASE CAN YOU EXPLAIN. THANKYOU.

Answer:

Praise be to Allaah.

It is not permissible to tell lies; doing so is haraam. Money which he has taken on this basis is also haraam and he has no right to it. With regard to his du'aa', the fact that he is consuming haraam wealth may be a reason why his du'aa' is not being accepted, because of the hadeeth, "Then he mentioned a man who had been travelling for a long time and was dishevelled and dusty; he stretches out his hands towards the heavens and says, `O Lord, O Lord', but his food is haraam, his drink is haraam, his clothing is haraam. He is nourished by haraam, so how can his du'aa' be accepted?" (Narrated by Muslim, 1015).

With regard to his Hajj, the poet said:

"If you go for Hajj with money whose origin is haraam,

You will not have made Hajj, but the camels will have."

And Allaah knows best.

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

4642: He had his beard shaved by the barber, then he repented _ so should he pay the barber?

Question:

A man had his beard shaved, and said (to the barber), "I will pay you later, I owe you." Then Allaah guided him and he began to follow the Islamic rulings [i.e., he grew a beard]. Should he pay the barber or not?

Answer:

Praise be to Allaah.

We put this question to Shaykh Muhammad ibn Saalih al-`Uthaymeen, may Allaah preserve him, and he answered as follows:

He should tell him: "I am not going to give you the money, because it was (in payment for) a haraam deed," and he should give it away in charity. And Allaah knows best.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

66: What to with income partly haram and partly halal

Question:

My friend is asking again—He was working in a restaurant, serving everything except wine (khamr)but the meat there is not halal and he knows that; he was carrying the empty glasses of wine and washing them, he knows that that is not allowed. His Q is: he felt guilty so he left the restaurant. He had money out of that job and he wants to start a new halal business.

CAN HE USE THAT MONEY TO START A NEW JOB? IF HIS MONEY IS NOT HALAL, DOES HE NEED TO GET RID OF THAT MONEY OR CAN HE WORK WITH IT AND FROM THE PROFIT HE CAN TAKE THE SAME AMOUNT OF MONEY?

WAJAZAKUM ALLAH KHAYRAYAMAN

Answer:

The job which this brother was performing is the kind in which halal and haram have been mixed together. At the same time that he was serving food that contained haram ingredients such as pork or lahm ul-maita (meat not properly slaughtered), he was serving things that are halal as well washing dishes and glasses. If he had known at the time he was working about the prohibition of the haram things, then his income in this situation comprises mixed money, both halal and haram. So if he wants to repent to Allah, then he needs to get rid of the portion of his income which his haram, by estimating and approximating to his best judgment how much the haram portion of the income was which was earned via haram service. He can spend it in any of the various charitable means, and he cannot benefit from it whether by investment or otherwise. As for the remaining portion which is the halal amount, he is allowed to use it to his benefit. Excerpts from the book "I would like to repent BUT..." (www.islam-qa.com)

29: Money earned from doing forbidden things

Question:

I used to do forbidden things and get paid for them. Now I have repented. Do I have to return the amounts thus earned?

Answer:

Yes, one who commits haram (forbidden) deeds and accepts payments for them, should get rid of the amounts earned from them when he repents. But such amounts should not be returned to those who paid them.

For instance, when a call-girl repents, she should not return her wages of sin to her customers. When a singer repents he should not return the wages he earned to the band to which he belonged or the party which paid. When a man who used to sell wine or drugs repents he should not return the amounts to those who used to buy from him. Nor should he who used to swear for others as a false witness return the amounts he earned to those for whose benefit he used to swear. The reason being that if he returns the amounts to him who paid, then he will be depositing with him both the unlawful money as well as the unlawful commodity that he took through bribe or wages of sin. Therefore it will be enough if he gets rid of such unlawful earning himself. This is the preference of Sheikh al-Islam Ibn Taimiyyah as well as his pupil Ibn ul-Qayyim as stated in his Madarij.

Excerpted from the book I Want to Repent but…

(www.islam-qa.com)