ISLAM: QUESTIONS AND ANSWERS

Jurisprudence and
Islamic Rulings:
Transactions - Part 6

Volume 27 of a Series of Islamic Books

by

Muhammad Saed Abdul-Rahman

i
 Islam: Questions And Answers

Volume 27

Jurisprudence and Islamic Rulings:

Transactions - Part 6

i
ii
 Islam: Questions And Answers

Volume 27

Jurisprudence and Islamic Rulings:

Transactions - Part 6

Muhammad Saed Abdul-Rahman

B.Sc., DipHE

iii
© Muhammad Saed Abdul-Rahman, 2004

ISBN for all volumes 1 86179 080 5

ISBN for volume 27 paperback 1 86179 454 1
ISBN for volume 27 hardback 1 86179 455 X
ISBN for volume 27 pdf eBook 1 86179 456 8
ISBN for volume 27 Microsoft eBook 1 86179 457 6
ISBN for volume 27 Palm eBook 1 86179 458 4

All Rights reserved

British Library Cataloguing in Publication Data. A Catalogue

record for this book is available from the British Library

Designed, Typeset and produced by:

MSA Publication Limited, 4 Bello Close,
Herne Hill, London SE24 9BW
United Kingdom

iv
 Contents
Introduction .............................................................................. 1
Chapter 1................................................................................... 3
Transactions ........................................................... 3
Business and Finance: General ....................................... 3
20732: Boycotting the products of kuffaar
who are hostile towards Islam .................................... 3
39761: It is not permissible to buy a product
then sell it when it is still in the warehouse of
the first vendor, before it has been moved ................. 7
46667: Can he rent the traditional set of
jewellery and then return it to the jeweller in
order to get married? .................................................. 8
36410: He bought a car by installments from
the bank, then he sold it so that he could use
the money to get married .......................................... 10
36408: What conditions should be met in order
for the bank’s purchase scheme (muraabahah)
to be considered permissible .................................... 12
36397: Giving up his place on the property invest-
ment waiting list in return for a sum of money ........ 16
20091: Leasing a car ................................................ 17
33625: “No returns or exchanges on goods sold” .... 19
39507: Selling animals by weight ............................ 20
37701: Selling food for charity at iftaar ................... 21
26817: He stipulates an additional cost for
purchase by installments, separate from the price .... 22
13722: Stating one price for a product if paid
for in cash and another price if paid for in
installments .............................................................. 24
13721: Selling by installments may be
mustahabb ................................................................ 27
14071: It is better not to buy in installments if

v
you are able to pay in cash ....................................... 30
13973: It is permissible to raise the price of a
product in return for paying in installments ............. 32
9386: If an agent sells a product for more than
the price stipulated, who does the extra money
belong to? ................................................................. 37
9668: Being tolerant of sinner’s sins ........................ 39
6699: What is the ruling on buying from the
kuffaar when there are Muslims around? ................. 43
13960: What is the fee when a sale is made? ........... 44
10676: Ruling on one who sells a product to
a person who is buying it with an interest-based
loan ........................................................................... 45
21218: Is it permissible to buy a company on
condition that one pay off its debts? ......................... 45
26217: Selling government airline tickets if one
travels by land .......................................................... 46
22443: Dealing in birds ............................................ 46
22396: Ruling on telling people a price other
than the price he really paid ..................................... 47
12946: Father selling some of his property to
one of his sons .......................................................... 49
22085: When buying a certain number they
give a free service ..................................................... 50
12638: Ruling on selling an item on credit for a
higher price than if it is paid for immediately .......... 50
6194: Is it permissible to sell to drunken
customers? ................................................................ 52
9499: Giving up one’s telephone line in return
for having the bill paid ............................................. 53
10031: Selling at more than 10% profit ................... 54
8507: Buying with funds from a savings scheme
when he is one of the members of the scheme ......... 55
5375: Selling products to children for more
than the wholesale price ........................................... 56
10203: What is the ruling on selling women’s

vi
 products? .................................................................. 57
3223: Selling discount coupons for gas ................... 57
3138: Father selling some of his possessions
to one of his sons ...................................................... 58
3003: Ruling on selling razors ................................. 58
3066: What should be done with samples left
over from quality-control testing? ............................ 59
7294: Does Islam permit bidding in auctions? ......... 60
8938: Discount on cost of laundry if one pays
in advance ................................................................. 64
6572: Buying products from kaafir countries ........... 65
7842: Ruling on sales or offering discounts ............. 66
7224: Muslim renting his house to a
non-Muslim .............................................................. 68
1847: Paying in installments .................................... 69
7836: Transferring patients to a private hospital
for examinations in return for a part of the fee ........ 71
3490: Reward for planting: who gets it and
when does it end? ..................................................... 72
7835: Raising the price of a piece of land in
return for transferring a government loan to
the purchaser ............................................................ 73
7836: Transferring patients to a private hospital
for examinations in return for a part of the fee ........ 74
7834: Ruling on commercial advertising ................. 75
2852: Working in the laundry business .................... 78
2149: Making down-payments ................................. 79
2143: Ruling on dealing in bonds ............................ 80
2150: Ruling on auctions ......................................... 81
Chapter 2................................................................................. 85
Transactions ......................................................... 85
Business and Finance: Copyrights ................................ 85
26307: Copyright and the ruling on
photocopying some parts of academic
reference works ........................................................ 85
38847: Downloading lectures from the internet

vii
 and distributing them for da’wah purposes .............. 87
21899: Intellectual property rights ........................... 88
454: Copying computer programs ............................ 89
Chapter 3................................................................................. 91
Transactions ......................................................... 91
Business and Finance: Taxes ......................................... 91
42563: Fatwa of the Standing Committee on
customs ..................................................................... 91
45713: He is exempted from paying duties; can
he allow others to buy goods in his name?............... 94
40234: He told the students to pay money towards
classroom renovations and he gives them grades
accordingly ............................................................... 96
5218: A serious dialogue with a Christian ................ 97
Chapter 4................................................................................. 99
Transactions ......................................................... 99
Business and Finance: Business Contracts ................... 99
40752: Ruling on selling exorbitantly expensive
telephone numbers and “custom” licence plates ...... 99
40000: Selling by installments to the one who
asked us to buy something ..................................... 103
36410: He bought a car by installments from
the bank, then he sold it so that he could use
the money to get married ........................................ 106
36408: What conditions should be met in order
for the bank’s purchase scheme (muraabahah)
to be considered permissible .................................. 108
1848: Ruling on transactions made via modern
means of communication ....................................... 112
6892: Paying for medical examinations in
advance ................................................................... 114
10274: Buying shares in a bank that does not
deal in ribaa ............................................................ 116
2146: ‘Aqd al-Istisnaa’ (contract to have
something made or done) ....................................... 116
1839: Paying “key-money” (money for

viii
 vacating a property) ................................................ 117
Chapter 5............................................................................... 120
Transactions ....................................................... 120
Business and Finance: Credit Cards ............................ 120
13725: Using credit cards is haraam even if
you pay up within the time limit ............................ 120
13735: Credit cards ................................................ 121
6847: Using a credit card to get married ................ 123
3402: Having an interest-based credit card in
cases of necessity ................................................... 126
11179: Using credit cards to withdraw money ....... 128
10826: Buying with debit cards.............................. 129
Question: ................................................................ 129
Answer: .................................................................. 129
5540: Paying tuition fees with a riba-based
credit card ............................................................... 129
665: Forced by her husband to help him get
a “Visa” (credit) card .............................................. 131
Chapter 6............................................................................... 133
Transactions ....................................................... 133
Business and Finance: Investment .............................. 133
39903: Is income from an internet café halaal
or haraam? .............................................................. 133
39505: Interest based loans .................................... 134
22933: Ruling on shares in a car insurance
company ................................................................. 135
34512: Shares in telecommunications and
service companies .................................................. 137
30842: Saving system in Aramco and attitude
towards the various fatwas concerning it ............... 137
4714: Dealing in shares .......................................... 143
21127: Ruling on buying shares in a foreign
company ................................................................. 146
21087: Participating in a savings scheme with
a petroleum company ............................................. 149
1210: Buying shares in computer companies ......... 150

ix
 8590: Dealing in shares .......................................... 151
12047: Investing in football clubs .......................... 152
10064: Draws of investment bonds (“premium
bonds”) ................................................................... 152
8886: Large amount for holder of investment
bonds ...................................................................... 153
2467: Investing in Internet services ........................ 155
Chapter 7............................................................................... 156
Transactions ....................................................... 156
Business and Finance:
Business Partnerships .................................................. 156
45898: A pyramid-marketing company that
sells da’wah tapes ................................................... 156
46595: Is it permissible to subscribe to the
“Tasweeq Net” company? ...................................... 157
9384: Is it permissible to make wives partners
in commercial companies? ..................................... 160
2371: Business partnerships between Muslims
and kaafirs .............................................................. 161
Chapter 8............................................................................... 163
Transactions ....................................................... 163
Business and Finance:
Forbidden Transactions ............................................... 163
52724: Their father left instructions that a
waqf be set up, but they have not carried it out ...... 163
11502: Ruling on buying and keeping stuffed
animals ................................................................... 165
47244: His father wants him to help him in
his business which involves some things that
go against sharee’ah ............................................... 167
40651: Is it permissible to sell haraam things
like pork to non-Muslims? ..................................... 171
10315: Ruling on draws for cars ............................ 177
21181: Ruling on selling spectacles, watches
and vessels with gold plating ................................. 178
12681: It is not permissible to exchange

x
old gold for new gold and pay the difference
in value ................................................................... 179
40409: It is not permissible to buy bank shares
or deal in them ........................................................ 180
41052: Ruling on Selling cosmetics ....................... 182
22869: It is not permissible to sell gold for
money unless the full price is paid in the same
sitting ...................................................................... 183
Question: ................................................................ 183
49045: It is not permissible to exchange
old gold for new gold and pay the difference
in price .................................................................... 185
49844: He is asking about dolls and
three-dimensional toys, and whether that
affects his fast ......................................................... 186
49676: He is asking about selling pictures
and statues .............................................................. 189
34587: It is not permissible to sell something
that will be used for sinful purposes ...................... 191
39744: Ruling on selling TVs, VCRs and
Playstation .............................................................. 193
40354: Selling a grant before taking possession
of it ......................................................................... 196
41620: Brief ruling on the “Business” company .... 198
40263: Ruling on “Business” and other scams ...... 200
34674: Selling things that we are not permitted
to wear .................................................................... 213
22756: Developing websites for selling haraam
things ...................................................................... 215
34325: Buying gold through a site on the
internet.................................................................... 217
32752: Selling video tapes and keeping a TV
and VCR ................................................................. 218
13724: Ruling on selling silver riyals for paper
riyals at different rates ............................................ 221
22390: Buying gold coins with images .................. 222

xi
22907: Selling beer and lottery tickets ................... 226
2147: Bay’ al-Wafaa’ .............................................. 227
21770: Prohibition on buying something
which you have given in charity ............................. 228
14355: Dealing in alcohol, supplies
for Christian holidays, condoms and cosmetic
creams .................................................................... 229
21649: Selling things that may be used for
haraam purposes ..................................................... 234
10443: What is the ruling on selling his share
in a company whose wealth is all debts that
are owed by people? ............................................... 235
22404: Ruling on selling magazines in
which there are haraam adverts and
half-naked pictures ................................................. 236
21927: Making copies of tapes and disks
without permission ................................................. 237
21213: Selling cards to crack the codes
blocking permissive channels ................................ 237
13648: Selling posters and frames of
Qur’aanic verses ..................................................... 240
14228: Selling Hajj visas ....................................... 244
12274: Selling cameras to those who will
use them for haraam pictures ................................. 245
10541: A charitable organization wants to
issue discount cards ................................................ 246
8949: Issuing letter stating salary of person
who wants to buy through the bank ....................... 248
5669: Can he sell alcohol in order to pay off
an interest-based loan? ........................................... 249
5224: Is it permissible for people taking part
in an auction to ask someone present not to
increase the price? .................................................. 250
10101: Ruling on selling contraceptive
measures ................................................................. 251
10958: Selling before taking possession and

xii
 selling by installments ............................................ 253
10161: Buying and selling shares through
the bank .................................................................. 254
10207: Selling monkeys ......................................... 255
10204: Selling cigarettes ........................................ 255
10205: Renting videos ............................................ 256
10201: Selling items used by women for
adornment ............................................................... 257
9385: Ruling on selling visas and work permits .... 258
9941: Grocery store selling foods containing
pork ingredients ...................................................... 259
3004: Opening a store to sell reptiles and
predatory animals ................................................... 260
2997: Selling a box of toys whose contents
are unknown ........................................................... 262
6682: Selling alcohol to kaafirs .............................. 263
6700: Rewards for donating blood ......................... 264
4270: His father asks him to buy cigarettes
for him .................................................................... 265
7851: Selling a mobile phone for which the
purchaser pays in installments, from which
the vendor pays for the “smart card” ...................... 265
3011: Is it permissible to sell pure silk? ................. 267
5444: Selling perfume to non-Muslim women ...... 273
5232: A vendor imposed a condition that a
prospective purchaser has to pay him some
compensation if he does not buy ............................ 274
1810: Selling on consignment and selling a
product before it arrives ......................................... 275
3746: Selling haraam and doubtful things.............. 277
Chapter 9............................................................................... 278
Transactions ....................................................... 278
Business and Finance: Interest .................................... 278
23346: Ruling on depositing money in the
bank, and interest ................................................... 278
39829: Borrowing from a riba-based bank in

xiii
order to buy a house ............................................... 280
40409: It is not permissible to buy bank shares
or deal in them ........................................................ 283
45902: He used a credit card, which is haraam,
and he owes money. Should he pay it off? ............. 285
50016: Is it permissible to act as guarantor for a
person taking a loan from the bank? ...................... 286
49677: Where should he deposit his money
in these times when riba is so widespread? ............ 287
45691: Does paying more than the amount
required for zakaah mean that one is allowed
to take interest? ...................................................... 289
45656: How should they dispose of insurance
money after their father’s death? ............................ 291
36410: He bought a car by installments from
the bank, then he sold it so that he could use
the money to get married ........................................ 292
20709: Is it permissible for him to
inherit property that was bought with a
riba-based loan? ..................................................... 294
40217: He has repented from dealing with a
riba-based bank but he does not know what
his capital was ........................................................ 295
20876: Taking interest and offsetting losses
with riba ................................................................. 296
33709: A company is offering a riba-based
loan to its employees .............................................. 299
20695: What should be done with interest? ........... 300
39211: Putting money in the bank, and can
hospitals be built with zakaah funds? .................... 301
20952: Can he accept money that comes
from the lottery company? ..................................... 303
32534: How could the Islamic states allow
the development of riba-based banks? ................... 304
26771: Working in banks in an Islamic country ..... 307
20720: Islamic financial system ............................. 312

xiv
20107: Paying zakaah via credit card ..................... 315
14098: Prohibition of selling bills of exchange
to the bank .............................................................. 316
9348: He works for a company that deals with
insurance ................................................................ 317
3974: He has a debt and he wants to go for Hajj .... 320
9700: Should he pay back an
interest-based loan? ................................................ 324
22339: Regarding riba as permissible .................... 327
22905: Benefitting from a house that was
built with an interest-based loan ............................ 330
30798: Putting money in riba-based banks ............ 332
7030: Using credit cards in cases of necessity ....... 336
26789: Ruling on depositing money in
riba-based banks ..................................................... 337
22392: Depositing money in a riba-based bank ..... 337
13709: It is not permissible to impose a
penalty for delay in praying off a debt .................... 340
20933: What is the ruling if he sells a company
which owes money to others? ................................ 340
20807: Ruling on getting back a loan from
interest-based money .............................................. 341
12823: Bank’s interest is called riba (usury) in
sharee’ah ................................................................ 341
21914: Should he go for an interest-based
mortgage if that is cheaper than renting? ............... 343
2711: Transferring money from one currency
to another ................................................................ 344
1231: It is not permissible for the vendor
to charge extra to the one who makes late
payments................................................................. 344
9054: Ruling on taking an interest-based loan
for an urgent need ................................................... 345
7840: Delaying repayment of a bank loan so
that they will waive the interest.............................. 347
9241: He wants to bring in a person to take

xv
his place in a ribaa-based investment bank
account to save himself .......................................... 348
750: This is the essence of ribaa............................. 349
10825: With his shares they bought shares
in a ribaa-based bank .............................................. 351
10235: Ruling on being a witness to a
riba-based loan ....................................................... 352
10234: Ruling on buying a mosque with
an interest-based loan ............................................. 352
10233: Lender referring a third party to debtor
for extra money ...................................................... 354
1120: Is it permissible to deal with ribaa in a
ribaa-based society? ............................................... 355
7638: Helping people to buy used cars with
ribaa (interest) ........................................................ 355
1391: Using something which was bought with
ribaa ........................................................................ 360
8141: Ruling on taking ribaa from deposit
accounts in kaafir banks ......................................... 361
3077: What should a person who his father
borrowed with interest(Ribba) do .......................... 362
8967: Filling out forms disclosing workers’
salaries at the request of riba-based banks ............. 363
6002: Counterbalancing one another’s interest
in the bank .............................................................. 364
4265: Harmful effects of Riba ................................ 365
4943: Her husband bought a house with riba
– can she refuse to live in it? .................................. 366
432: Obtaining a discount card in return for
paying a certain amount ......................................... 367
2370: Getting rid of riba by giving it to the
poor ........................................................................ 368
2492: Disposing of riba income received
before one came to know that it is haraam ............. 369
1606: Doesn’t want to repay riba but also
doesn’t want to give a bad impression ................... 371

xvi
1885: Praying in a mosque built with riba
based loan ............................................................... 373
1507: Accepting interest does not make it
permissible ............................................................. 373
292: Using interest to pay for tuition ..................... 375
590: Late payment charges ..................................... 377
181: Ruling on pre-marital relationships ................ 378
126: Conditions for performing forbidden
act under necessity and engaging in riba
transactions ............................................................. 381

xvii
xviii
 Introduction
Praise be to Allah, the Lord of the worlds, and peace and blessings
be upon His last Messenger, Prophet Muhammad, and on his
family and his companions.

This book, Jurisprudence and Islamic Rulings: Transactions - Part

6, is the twenty-seventh volume of a series of authoritative Islamic
books entitled Islam: Questions And Answers. The overall series
discusses issues relevant to Islam, and present accurate and
reliable information based on the true beliefs and practices of the
Prophet (Peace and Blessings of Allaah be upon Him) and his
companions. The objectives of the various books include:

to teach and familiarize Muslims with various aspects of their

religion

to be a source for guiding people to Islam

to assist in solving the social and personal problems of the

Muslims in an Islamic context

The books are directed towards Muslims and non-Muslims alike.

Subject areas include, but are not limited to, Islamic fiqh and
jurisprudence, Islamic history, Islamic social laws (including
marriage, divorce, contracts, and inheritance), Islamic finance,
basic tenets and aqeedah of the Islamic faith and tawheed, and
Arabic grammar as it relates to the Qur'an and Islamic texts.

The books are compilations of questions and responses about

Islam, from both Muslims and Non-Muslims. The responses are
handled mainly by internationally re-nowned Islamic shaykhs and
scholars, including Shaykh al-Islam Ibn Taymiyah, Ibn Katheer,
al-Albaani, Shaykh Ibn Baaz, Ibn al-Jawzi, Ibn al-Qayyim, Al-
‘Izz ibn ‘Abd al-Salaam, al-Nawawi, Shaykh ‘Abd al-Kareem,
al Khudayr, Al-Dhahabi, al-Qurtubi, Al-Sindi, al-Shawkaani and
al-Bastawi using only authentic, scholarly sources based on the
Qur'an and sunnah. References, which include Haashiyat Ibn
Maajah, Sharh Saheeh Muslim, Fataawa al-Lajnah al-Daa’imah,

1
Jurisprudence and Islamic Rulings

Silsilat al-Ahaadeeth al-Da’eefah, Al-Mawsoo’ah fi Ahaadeeth

al-Mahdi al-Da’eefah wa’l-Mawdoo’ah, Al-Manaar al-Muneef
and Fataawa Islamiyyah, are provided where appropriate in the
responses. The book provides the reader with cross references of
other pertinent responses not necessarily in the same volume,
but also in other volumes of the series. However, each volume is
complete in itself. The book records accurately the answers the
contributing Sheikhs and scholars gave to the questions put to
them. These are not necessarily the answers which other sheikhs
and scholars would have given. Depending on circumstances,
for example, Islam permits different solutions to some questions

The book also provides the reader with cross-references to other

pertinent responses not necessarily in the same volume, but also
in other volumes of the series. However, each volume is complete
in itself.

It is intended that this present series of Books will cover the

following subject areas (insha-Allah):

Aqeedah (Basic Tenets of Faith); Usool ul-Fiqh (Science of

evidence that serve as basis for Fiqh), Fiqh (Jurisprudence and
Islamic Rulings), Da'wah (Inviting others to Islam), Aadaab
(Manners), Akhlaaq (Character and Morals), Tareekh wa ul Seerah
(Islamic history and biography), Tarbiyyah (Pedagogy, education,
and upbringing) and Mashakil Nafsiyah wa Ijtimaa'yah
(Psychological & Social Problems).

May Allah reward the owners and maintainers of www.islam-

qa.com for granting me full, exclusive, assignable and transferable
rights to use and display all the questions and answers needed
for the compilation of these books. May Allah grant everyone
involved in the promotion of this project good in this world and
the Hereafter and protection from the fire of hell.

2
 Transactions - Part 6

Chapter 1

Transactions

Business and Finance: General

20732: Boycotting the products of kuffaar who are hostile

towards Islam

Question:

Is It generally permissible to do business with Jews,

companies that may have Jewish owners or shareholders,
companies that may have franchises in Israel, etc.?
Recently many Muslims have been saying that it is haraam
to have any business dealings with the Jews whatsoever.
To the best of my limited knowledge, even when the
Muslims were fighting the Jews in the time of the Prophet,
sallallaahu ‘alayhi wa sallam, he did not forbid trade with
them, and when he died his shield or armor was with a
Jews as collateral on a loan. Please inform us as to the
correct position on this issue.

Answer:

Praise be to Allaah.

Firstly:

The basic principle is that it is permissible to interact and

do business, buying and selling, with the Jews and others,
because it is proven that the Prophet (peace and blessings
of Allaah be upon him) and his companions interacted
with the Jews of Madeenah, buying and selling, lending
and putting items in pledge, and other kinds of interactions

3
Jurisprudence and Islamic Rulings

that are permissible according to our religion. The Jews

with whom the Prophet (peace and blessings of Allaah
be upon him) interacted were people with whom the
Muslims had a treaty; those who broke the treaty were
either killed or expelled, or were left alone if that served
some interest.

But there is evidence which indicates that it is permissible

to buy and sell with kuffaar who are in a state of war
against the Muslims.

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

Chapter: Buying and selling with the mushrikeen and

people who are at war with Islam.

Then he narrated (2216) that ‘Abd al-Rahmaan ibn Abi

Bakr (may Allaah be pleased with him) said: We were
with the Prophet (peace and blessings of Allaah be upon
him) then a mushrik man came with some sheep that he
was driving. The Prophet (peace and blessings of Allaah
be upon him) said: “Are they for sale or a gift?” He said:
“For sale.” So he bought a sheep from him.

Al-Nawawi (may Allaah have mercy on him) said in Sharh

Saheeh Muslim (11/14):

The Muslims are unanimously agreed that it is permissible

to interact with ahl al-dhimmah (non-Muslims living
under Muslim rule) and other kuffaar, so long as the object
of the transaction is not haraam, but it is not permissible
for a Muslim to sell weapons or tools of war to those who
are waging war against the Muslims, or anything that helps
them to support their religion.

Ibn Battaal said: dealing with the kuffaar is permissible,

except for selling things to those who are at war with the
Muslims that may help them against the Muslims.

4
 Transactions - Part 6

It was narrated in al-Majmoo’ (9/432) that there is

scholarly consensus that it is forbidden to sell weapons
to people who are waging war against Muslims.

The reason for that is obvious, which is that these weapons

will be used to fight the Muslims.

Secondly:

There is no doubt that it is prescribed to engage in jihad

against the enemies of Allaah, Jews and others, with our
lives and our wealth. That includes every means that will
weaken their economy and cause them harm. Money is
the lifeblood of wars ancient and modern.

The Muslims in general should cooperate in righteousness

and piety and help the Muslims in all places in ways that
will lead them to prevail and strengthen them and enable
them to manifest the symbols of religion, to practise the
teachings of Islam and to implement the rulings of
sharee’ah and carry out hudood punishments, and
whatever will lead to their victory over the kuffaar, Jews,
Christians and others. They should strive their hardest in
jihad against the enemies of Allaah with all the means at
their disposal. The Prophet (peace and blessings of Allaah
be upon him) said: “Strive against the mushrikeen with
your wealth, your lives and your tongues (speech).”
Narrated by Abu Dawood, 2504; classed as saheeh by al-
Albaani in Saheeh Abi Dawood.

The Muslims have to help the mujaahideen as much as

they can, and do everything that will strengthen Islam
and the Muslims. They must also strive against the kuffaar
in whatever ways they can, and do everything they can to
weaken the kuffaar and the enemies of Islam. They should
not employ them as workers such as typists, accountants,
engineers or servants in any kind of service that gives

5
Jurisprudence and Islamic Rulings

them more power to collect the wealth of the Muslims

and use it against them.

Conclusion:

The one who boycotts the products of the kuffaar who

are waging war against Islam, intending thereby to make
manifest the fact that he does not like or support them,
and to weaken their economy, will be rewarded in sha
Allah for this good intention.

Whoever deals with them on the basis of the principle

that it is permissible to deal with the kuffaar – especially
buying things that he needs – there is no sin on him, in
sha Allaah, and that does not affect the principle of al-
wala’ wa’l-bara’ (loyalty and friendship vs. disavowal and
enmity) in Islam.

The Standing Committee was asked: What is the ruling

on Muslims not cooperating with and not wanting to buy
from Muslims, and preferring to buy from the kuffaar; is
this permissible or forbidden?

They replied:

The basic principle is that it is permissible for the Muslim

to buy whatever he needs of things that Allaah has
permitted from both Muslims and kaafirs. The Prophet
(peace and blessings of Allaah be upon him) bought from
the Jews, but if a Muslim turns away from dealing with
his fellow Muslim for no good reason – such as deceit or
high prices or bad products – and he prefer to buys from
kaafirs with no reason, that is haraam, because it implies
that one is befriending the kuffaar, approving of them and
liking them, and because it involves reducing the
Muslims’ business and preventing them from selling their
goods, if the Muslim takes that as his habit. But if there is
a reason for that, such as those mentioned above, then he

6
 Transactions - Part 6

should advise his Muslim brother to give up these faults.

If he accepts the advice, then praise be to Allaah, otherwise
he should go to someone else, even if he is a kaafir, if he
is honest and decent in his dealings.

Fataawa al-Lajnah al-Daa’imah, 13/18

And Allaah knows best.

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

39761: It is not permissible to buy a product then sell it

when it is still in the warehouse of the first vendor, before it
has been moved

Question:

Some traders buy a product then they do not take

possession of it or check it, rather they take a receipt which
shows that they have paid for it and it is now theirs, and
they leave it in the warehouse of the first vendor from
whom they bought it. Then the second vendor sells it to
someone else, whilst it is still in the storehouse of the
first vendor. What is the ruling on that?.

Answer:

Praise be to Allaah.

It is not permissible for the purchaser of this product to

sell it so long as it is still in the possession of the seller,
until the purchaser has taken possession of it and moved
it to his house or the marketplace, because of the saheeh
ahaadeeth that have been narrated from the Prophet (peace
and blessings of Allaah be upon him) concerning that.
For example, he (peace and blessings of Allaah be upon

7
Jurisprudence and Islamic Rulings

him) said: “It is not permissible to sell something on

condition that the purchaser lend you something, and it is
not permissible to have two conditions in one transaction,
and no profit is permissible unless possession has been
taken of the goods, and you cannot sell what is not in
your possession.” Narrated by Ahmad and the authors of
al-Sunan with a saheeh isnaad.

And he (peace and blessings of Allaah be upon him) said

to al-Hakeem ibn Hizaam: “Do not sell that which you
do not have.” Narrated by the five except Abu Dawood,
with a jayyid isnaad.

And it was narrated from Zayd ibn Thaabit (may Allaah

be pleased with him) that the Prophet (peace and blessings
of Allaah be upon him) forbade selling a product in the
place where it was bought until the merchants have taken
possession of it and moved it to their own property.
Narrated by Ahmad and Abu Dawood; classed as saheeh
by Ibn Hibbaan and al-Haakim.

Similarly, if a person buys from the purchaser, it is not

permissible for him to sell it until he transfers it to his
house or to another place in the marketplace, because of
the ahaadeeth quoted and other ahaadeeth which convey
the same meaning. And Allaah is the Source of strength.

Shaykh ‘Abd al-‘Azeez ibn Baaz . Fiqh wa Fataawa al-

Buyoo’ by Ashraf ‘Abd al-Maqsood, 309..

(www.islam-qa.com)

46667: Can he rent the traditional set of jewellery and then

return it to the jeweller in order to get married?

Question:

A young man proposed marriage, but he cannot afford

8
 Transactions - Part 6

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:

9
Jurisprudence and Islamic Rulings

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].

Islam Q&A

(www.islam-qa.com)

36410: He bought a car by installments from the bank, then

he sold it so that he could use the money to get married

Question:

I am a young man and I would to complete half of my

religion by getting married. I proposed to a girl but there
are a lot of expenses involved in getting married, namely
the mahr etc. I cannot afford all that, so one of the brothers
told me that the banks have a system called muraabahah
(purchase scheme). So I went there and the bank official
told me that I should go to one of the car showrooms (he
did not specify which one) and choose a car, and the bank
will buy it and sell it to me, in return for taking a profit of
40,741 riyals on an original price of 95,000 riyals, over a
period of 6.5 years. I do not have any other option because
my father is deeply in debt. I tried to borrow the money
from anyone who would give it without demanding
interest, but I could not find anyone except one of the
banks. Any other method of raising the money without
any kind of buying or selling (i.e., money for money), is
regarded as blatant riba (usury). I want to get married,
and I fear temptation for myself.

Please advise us, may Allaah reward you.

10
 Transactions - Part 6

Answer:

Praise be to Allaah.

This transaction that you want to engage in includes two

things:

1 – Buying a car through the bank. This is not permissible

unless two conditions are met:

(i) That the car should be owned by the bank. So the bank
should buy the car for itself from the showroom, before
selling it to you.

(ii) That the bank should take possession of the car by

moving it physically from the showroom before selling it
to you.

If both or either of these two conditions are not met, then

the transaction is haraam. See question no. 36408.

2 – Selling this car which has only been bought for this
purpose, namely obtaining money. This is what is called
tawarruq or buying and selling in order to obtain wariq,
i.e., silver.

This is permissible according to the majority of scholars,

subject to the condition that the car be sold to someone
other than the person from whom you bought it.

It says in Fataawa al-Lajnah al-Daa’imah (13/161):

We hope that you can advise us about the issue of tuwarruq

and tell us what the ruling is on that.

The Committee replied:

Tuwarruq means buying a product and deferring the

payment, then selling it for payment on the spot to
someone other than the person from whom you bought it

11
Jurisprudence and Islamic Rulings

for a deferred payment, in order to benefit from its price.

There is nothing wrong with this transaction according
to the majority of scholars.

End quote.

See also question no. 45042.

If the two conditions outlined above are met, there is no

sin on you in sha Allaah.

And we ask Allaah to help you and guide you.

And Allaah knows best.

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

36408: What conditions should be met in order for the

bank’s purchase scheme (muraabahah) to be considered
permissible

Question:

My question is: how sound is the following transaction,

what is the ruling on it, what is the ruling on someone
who has already gotten involved in it and what should he
do?

The details of this muraabahah purchase program (as it is

called by the bank) are as follows:

1 – The buyer goes and gets a price list for the bank from
the main supplier of the product (a car showroom or
agency, for example), including a description of the car,
its colour, features and price (100,000 riyals, for example).

2 – The buyer obtains a letter stating his salary, and fills

out the required forms to have part of his salary deposited

12
 Transactions - Part 6

in the bank for the period agreed upon with the bank (for
example, three years), to pay off the total cost which
includes the basic price plus the bank’s profit (for
example, 7%).

3 – The contract is drawn up, including the processing

fees (1000 riyals for example) and is signed by the bank,
the buyer and the witnesses.

4 – The bank issues a draft cheque payable to the

showroom or agency (the supplier) for the value of the
car as quoted in the price list referred to in #1 above.

5 – The buyer takes the cheque and gives it to the supplier,

who then does all the paperwork needed to register the
car in the name of the buyer and gives it to him.

Answer:

Praise be to Allaah.

This transaction is haraam and is not permitted. Basically

this transaction is a loan with interest, which is the essence
of riba (usury), because the bank gives the buyer a cheque
for 100,000 and takes payment for it in installments,
adding interest and what they call processing fees.

Calling this a purchase does not make it permissible,

because this deal is essentially a riba-based loan and not
a sale or purchase. Also, the bank is not buying the car
from the showroom or selling it to the buyer, rather it is
giving him a cheque for that amount.

Buying products (whether cars or anything else) through

the bank is not permissible unless two conditions are met:

1 – The seller should take possession of this product before

selling it. So the bank should buy the car, for example,
from the showroom for itself.

13
Jurisprudence and Islamic Rulings

2 – The bank should take the car into its own possession
by moving it (physically) from the showroom before
selling it to the customer.

If both or either of two conditions are not met, then the

transaction is haraam, and the reason for that is that when
the bank did not buy the car for itself in a real sense,
rather it only issued a cheque on behalf of its customer,
that was a riba-based loan, because essentially the bank
loaned the price of the car (say, 100,000 riyals) to the
customer on the basis that it would take back 170,000
riyals.

If the bank buys the car then sells it before taking

possession of it, that goes against the words of the Prophet
(peace and blessings of Allaah be upon him) to Hakeem
ibn Hizaam: “When you buy something, do not sell it
until you have taken possession of it.” Narrated by Ahmed,
15399; al-Nasaa’i, 4613; classed as saheeh by al-Albaani
in Saheeh al-Jaami’, no. 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 goods when they
have been bought, until the merchants had added them to
their own goods. 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 has
acquired it.” Al-Bukhaari, 2132; Muslim, 1525. Muslim
added: Ibn ‘Abbaas said: I think that this applies to
everything else – i.e., there is no difference between food
and other things in this regard. Based on this, the bank
does not have the right to sell the car until it has taken
possession of it. Goods are taken possession of according
to custom, and taking possession of a car means that it is

14
 Transactions - Part 6

moved physically from where it was. Shaykh Ibn

‘Uthaymeen (may Allaah have mercy on him) said:
“Whatever is moveable, such as garments, animals and
cars etc, possession is taken of it by moving it, because
this is the custom.

From Sharh al-Mumti’, 8/381.

It says in Fataawa al-Lajnah al-Daa’imah (13/153): If a

person asks someone to buy a specific car for him or a
car that has certain features that he describes, and promises
to buy it from him, and he buys it and takes possession of
it, it is permissible for the one who asked for it to buy it
from him after that, with cash or in installments for a
known profit. This does not come under the heading of a
man selling something that he does not own, because the
one who was asked for the product only sold it to the one
who asked for it after he had bought it and taken
possession of it. He does not have the right to sell it to his
friend, for example, before buying it, or after buying it
but before taking possession of it, because the Prophet
(peace and blessings of Allaah be upon him) forbade
selling a product where it was bought, until the merchants
had added them to their own goods. End quote.

With regard to the one who engaged in such a transaction

in the past, if he did not know at the time that it is haraam,
and he did that thinking that it was permissible, then he
does not have to do anything, because Allaah says
(interpretation of the meaning):

“So whosoever receives an admonition from his Lord and

stops eating Ribaa, shall not be punished for the past”

[al-Baqarah 2:275]

See also Question no. 2492.

But whoever did that knowing that it is haraam has

15
Jurisprudence and Islamic Rulings

committed the major sin of riba and exposed himself to a

declaration of war from Allaah and His Messenger. Allaah
says (interpretation of the meaning):

“O you who believe! Be afraid of Allaah and give up

what remains (due to you) from Ribaa (from now onward)
if you are (really) believers.

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 2:278-279]

So he has to repent from this major sin, and resolve not

to do that again.

With regard to making use of the car that was bought in

this manner, there is nothing wrong with doing so, in sha
Allaah, after repenting and regretting. See question no.
22905.

And Allaah knows best.

Islam Q&A

(www.islam-qa.com)

36397: Giving up his place on the property investment

waiting list in return for a sum of money

Question:

My brother has applied to the property investment fund

and he is still waiting for his turn on the list. Is it
permissible for him to give his turn to me, if I give him a
specific amount of money in return for that?.

16
 Transactions - Part 6

Answer:

Praise be to Allaah.

There is nothing wrong with him giving up his place on

the property investment waiting list in return for a sum of
money, because he is giving up a financial right, and it is
permissible to sell financial rights in return for
compensation. But it is essential to have the permission
of the bank handling this investment. If the bank gives
permission and the two parties agree that one will pay
money in order to take the place of the other, then this is
permissible and there is nothing wrong with it.

And Allaah knows best.

A fatwa of Dr Khaalid al-Mushayqih. (www.islam-

qa.com)

20091: Leasing a car

Question:

Is leasing a car in the US haraam? I don’t know if there is

any interest involved or not.

Answer:

Praise be to Allaah.

The ruling on a thing is based on the way it is understood,

so it is not possible to state whether this purchase is
permissible or forbidden without studying the contract
and its clauses.

There are two common forms of buying and selling by

installments (leasing):

17
Jurisprudence and Islamic Rulings

1 – Where you buy a car from the owner, whether the

owner is an individual or a company, on the basis that
you will pay for it in installments. There is nothing wrong
with this, even if the price in installments is higher than
the price if paid for in cash.

See question no. 13973.

2 – Where you buy the car through a company or person

who does not own it, rather they pay the price to the owner
on your behalf, on the basis that you will pay off the price
in installments with interest. This is haraam, because what
this contract means is that this company or bank is giving
you an interest-based loan, and is not buying anything in
such a way that it becomes their property so that they can
sell it on to you.

See question no. 10958

But if we assume that the bank buys the car in real terms
and becomes its owner, then sells it to you in installments
for a higher price, there is nothing wrong with that; this
is akin to the first scenario.

The Standing Committee was asked:

A man asked his friend to buy a car for him with cash,
then sell it to him for a deferred payment with extra money
as a profit. Is this regarded as riba?

They replied:

If a man asks another to buy a specific car for him or a car

that meets certain requirements that he stipulates, and
promises to buy it from him, and he buys it from the one
whom he asked to do that and takes possession of it, it is
permissible for the one who asked for it to buy it from
him after that for cash or in installments with a specific
amount of extra money as a profit. This is not a kind of

18
 Transactions - Part 6

selling what one does not have, because the one who you
asked for this product is selling it to the one who asked
for it after buying it and taking possession of it. He does
not have the right to sell it to his friend, for example,
before he buys it, or after he buys it and before he takes
possession of it, because the Prophet (peace and blessings
of Allaah be upon him) forbade selling goods until the
merchant has them in his own possession.

Fataawa al-Lajnah al-Daa’imah, 13/152

And Allaah knows best.

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

33625: “No returns or exchanges on goods sold”

Question:

What is the shar’i ruling on writing the sentence “No

returns or exchanges on goods sold” which some
shopkeepers write on their receipts? Is this condition
permissible according to sharee’ah?.

Answer:

Praise be to Allaah.

If a product is sold subject to the condition that it cannot

be returned or exchanged, that is not permissible, because
it is an invalid condition which may lead to harm or
confusion, and because the intention of the vendor in
stipulating this condition is to oblige the purchaser to keep
the product even if it is faulty. This condition does not
exonerate him if faults are found in the product because
if it is faulty then he should exchange the faulty product

19
Jurisprudence and Islamic Rulings

or the purchaser should be given a reduction, because the

full price is given in exchange for a sound product, and if
the vendor takes the full price when the product is faulty,
he has taken it unlawfully.

According to sharee’ah, customary conditions are as valid

as verbal conditions. Customarily it is assumed that the
product will be free of faults, so the purchaser is justified
in returning it if it is faulty.

And Allaah is the Source of strength.

Al-Lajnah al-Daa’imah li’l-Buhooth al-‘Ilmiyyah wa’l-

Ifta, fatwa no. 17388. (www.islam-qa.com)

39507: Selling animals by weight

Question:

Is it permissible to sell animals whose meat may be eaten,

such as chickens, live by weight? Please note that this
method is widespread among us.

Answer:

Praise be to Allaah.

Yes, it is permissible to sell animals live by weight.

The Standing Committee was asked: is it permissible to

buy chickens and sheep by weight, whether they are alive
or have been slaughtered?

They replied: the basic principle is that transactions

between Muslims are permissible except those which are
forbidden by a shar’i text. Hence we know that it is
permissible to buy chickens and sheep by weight, and we

20
 Transactions - Part 6

know of no reason in sharee’ah why that should not be

allowed.

Fataawa al-Lajnah al-Daa’imah, 13/290

And it also says in Fataawa al-Lajnah al-Daa’imah, 13/

290:

It is permissible to sell sheep and other animals live by

weight, whether they are weighed by kilograms or
otherwise, because the purpose is to decide how much
they are worth, which is decided by weight.

And it also says (13/289): It is permissible to sell animals

by weight, and it is permissible to sell them by sight
without weighing them, according to scholarly consensus.
The permissibility of selling them by weight is not affected
by what is in its stomach of food etc., because that is part
of it. So it is permissible to sell them by weight.

And Allaah knows best.

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

37701: Selling food for charity at iftaar

Question:

Can we sell food for charity at an iftaar in the mosque,

the proceeds of which are to be spent on poor people living
near the mosque?.

Answer:

Praise be to Allaah.

What is meant by selling food for charity is that some

21
Jurisprudence and Islamic Rulings

people prepare food of whatever type at home, then they

sell it and they donate the money raised to a charitable
project or give it in charity.

This is a good deed and a kind of charity, and cooperating

in charity, for which a person earns reward as do all those
who participate in it, whether they contribute money or
efforts, etc. All of that is included in the words of Allaah
(interpretation of the meaning):

“Help you one another in AlBirr and AtTaqwa (virtue,

righteousness and piety)”

[al-Maa’idah 5:2]

But we should note that the buying and selling should be

done outside the mosque itself, because it is haraam to
buy and sell inside the mosque. The Prophet (peace and
blessings of Allaah be upon him) said: “If you see anyone
buying and selling inside the mosque, say, ‘May Allaah
not cause your trade to be profitable.’” Narrated by al-
Tirmidhi, 1321; classed as saheeh by al-Albaani in Saheeh
al-Tirmidhi, 1066

And Allaah knows best.

Islam Q&A

(www.islam-qa.com)

26817: He stipulates an additional cost for purchase by

installments, separate from the price

Question:

I wanted to buy a car by installments, but the vendor said

to me: Choose the period after which you will pay the
price, on condition that it is no more than a year. But this

22
 Transactions - Part 6

car costs thirty thousand in cash, and if bought by

installments he will charge three percent each month. If I
pay after one month he will charge three percent in
addition to the price, after two months he will charge six
percent, after ten months thirty percent, and so on. Is this
halaal or haraam?.

Answer:

Praise be to Allaah.

Selling by installments for an increased price is

permissible.

But the scholars stated that the additional amount should

not be stipulated in the form of interest that is separate
from the price. If the vendor does that then the transaction
is haraam or makrooh.

Ibn Qudaamah (may Allaah have mercy on him) said in

al-Mughni (2/266):

If he says, I will sell it to you at cost for one hundred, and

I make a profit for one dirham for every ten, this was
regarded as makrooh by Ahmad, and it was narrated from
Ibn ‘Umar and Ibn ‘Abbaas that this is makrooh. We do
not know of any of the Sahaabah who held a different
opinion. It is regarded as makrooh but not in the sense of
being haraam.

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him)

said in Risaalah fi Aqsaam al-Mudaayanah:

If in the contract the vendor says, “I will sell you this ten
for eleven,” then it is either makrooh or haraam. It was
narrated that Imam Ahmad said of such cases, It is as if
he is selling dirhams for dirhams, which is not right. This
is what Imam Ahmad said. Based on this, the correct way

23
Jurisprudence and Islamic Rulings

of going about it is for the lender to work out the value of

the product and the amount of his profit, then he should
say to the borrower, “I will sell it to you for such and
such to be paid in one year.”

One of the resolutions issued by the Fiqh Council says

the following:

According to sharee’ah, it is not permissible when selling

something to be paid for later, to stipulate in the contract
interest on the installments that is separate from the price
so that it is connected to the time involved, whether the
two parties agree to a rate of interest or they decide to
follow the current rate of interest used by the banks.

The way of putting this matter right, as may be understood

from the words of Shaykh Ibn ‘Uthaymeen quoted above
– is for the vendor to say to the purchaser, “When will
you pay the price?” If he says, “After one year” – for
example – the vendor should look at the value of the item
and work out the amount of the profit he wants, then say
to the purchaser, “I will sell it to you for such and such on
the basis that you will pay after one year” – without stating
an additional cost that is separate from the price.

And Allaah knows best.

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

13722: Stating one price for a product if paid for in cash

and another price if paid for in installments

Question:

Is it permissible to state one price for a product if the

purchaser is going to pay for it in cash, and another price
if the purchaser is going to pay for it in installments? For

24
 Transactions - Part 6

example, this car costs fifty thousand in cash and sixty

thousand by installments?.

Answer:

Praise be to Allaah.

If the vendor says: this car costs fifty thousand if paid for
in cash and sixty thousand if paid for in installments, one
of two scenarios must apply:

1 – The seller and purchaser part having agreed on one

price and method of payment. In this case the transaction
is valid.

2 – If they separate without having agreed on the price.

This transaction is haraam and is not valid.

Al-Baghawi (may Allaah have mercy on him) said in

Sharh al-Sunnah – concerning this second type of
transaction – This is invalid according to the majority of
scholars, because it is not known which of them has stated
the price.

This is how many of the scholars interpreted the Prophet’s

prohibition on doing two transactions in one.

Al-Tirmidhi (1152) narrated that Abu Hurayrah (may

Allaah be pleased with him) said: The Messenger of
Allaah (peace and blessings of Allaah be upon him)
forbade two transactions in one. This was classed as
saheeh by al-Albaani in Saheeh al-Tirmidhi, 985.

Al-Tirmidhi said: this is what the scholars based their

views on. Some scholars interpreted it by saying that two
transactions in one means that the seller says, “I will sell
you this garment for ten in cash or for twenty in
installments, but when they part they have not agreed on

25
Jurisprudence and Islamic Rulings

either of the transactions. If they part having agreed on

one of them, there is nothing wrong with that, if the
contract is based on one of them.

Al-Nasaa’i (may Allaah have mercy on him) said: Two

transactions in one means that a person says, “I will sell
you this product for one hundred dirhams in cash or for
two hundred dirhams in installments.”

Al-Shawkaani said in Nayl al-Awtaar: The reason why

two transactions in one is forbidden is that the price is
not fixed because one thing is sold for two prices.

The Standing Committee was asked:

What is your opinion about selling a car of ten thousand

in cash or twelve thousand in installments?

They replied:

If a person sells a car to another for ten thousand riyals,

for example, if he pays cash, or for twelve thousand riyals
if payment is deferred, and they part after the transaction
is made without having agreed on either of the two options
– the cash price or the price for delayed payment – this
transaction is not permissible and it is not valid, because
of the ambiguity concerning the final transaction and
whether the price is to be paid now or later. This is how
many of the scholars have understood the Prophet’s
prohibition on making two transactions in one. This was
narrated by Ahmad, al-Nasaa’i and al-Tirmidhi, and
classed as saheeh by the latter. But if they agree before
they separate upon the price and one of the methods of
payment, either the price in cash or the price if payment
is deferred, and they separate having agreed upon the
specific details, then the transaction is permissible and is
valid because the price and conditions are known.

Fataawa al-Lajnah al-Daa’imah, 13/192

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 Transactions - Part 6

In another question:

If the vendor says, “This product costs ten riyals if

payment is deferred and five riyals if paid in cash, what
is the ruling on that?

The Committee replied:

If the situation is as you described, then the transaction is

not permissible, because it is a kind of two transactions
in one. It was proven that the Prophet (peace and blessings
of Allaah be upon him) forbade two transactions in one,
because that involves ambiguity that may lead to conflicts
and disputes.

Fataawa al-Lajnah, 13/197

Among the decisions of the Fiqh Council is the following:

It is permissible to increase the price for deferred payment

as opposed to immediate payment. It is also permissible
to state the price if paid in cash and another price if
payment is made in installments at known times. But the
transaction is not valid unless the two parties decide as to
whether this is to be paid in cash or paid later. If there is
some confusion as to whether the payment is to be in
cash or paid later, then there is no firm agreement on one
particular price, so this is not permissible according to
sharee’ah.

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

13721: Selling by installments may be mustahabb

Question:

I sell by installments, and when I do so I charge more

than when selling for cash. Is it possible that I will be

27
Jurisprudence and Islamic Rulings

rewarded because I am helping the Muslims to buy what

they need?.

Answer:

Praise be to Allaah.

Selling by installments for a higher price is permissible.

See Question no. 13973.

With regard to selling by installments, the ruling as far as

the seller is concerned may be that it is mustahabb or
permissible.

It may be mustahabb and he may be rewarded for it if his

intention is to be easy-going to the purchaser and to help
him to buy what he needs and he does not increase the
price in return for allowing payment by installments if
the customer is poor and in need, and he does not put
pressure on him to pay it when it becomes due. Rather if
the time for repayment comes and the customer does not
have the money, he should give him more time, or let
him off all or part of the price. Allaah says (interpretation
of the meaning):

“And if the debtor is in a hard time (has no money), then

grant him time till it is easy for him to repay; but if you
remit it by way of charity, that is better for you if you did
but know”

[al-Baqarah 2:280]

Shaykh al-Sa’di (may Allaah have mercy on him) said:

This means, if the one who owes the money is in difficulty,

his creditor must wait until things become easier for him…
If the creditor shows charity towards him – by letting him

28
 Transactions - Part 6

off all or part of the debt – then that is better for him.
Tafseer al-Sa’di, p. 168

Al-Bukhaari (1307) and Muslim (1561) narrated that Abu

Mas’ood (may Allaah be pleased with him) said: The
Messenger of Allaah (peace and blessings of Allaah be
upon him) said: “A man from among those who came
before you was brought to account, and nothing good was
found in him, apart from the fact that he used to deal with
the people and he was well off, and he used to tell his
slaves to let off the (debtor) who was in difficulty. Allaah
said, ‘We have more right to that than him, let him off.’”

But if a dealer sells in installments and he increases the

price in return for payment by installments, this is
permissible. But some dealers sell only by installments,
so that their profits will be greater. Imam Ahmad (may
Allaah have mercy on him) stated that this is makrooh,
but if the dealer sells both by installments and for cash,
there is nothing wrong with that.

Shaykh al-Islam (Ibn Taymiyah – may Allaah have mercy

on him) explained the reason for it being makrooh as being
that it comes under the heading of exploitation because
usually the one who buys with deferred payment is the
one who is unable to pay cash, so if a man only sells by
installments, it means that he is exploiting people who
are in need, but if he sells both for cash and by
installments, he is just an ordinary trader.

From Tahdheeb al-Sunan by Ibn al-Qayyim. ‘Awn al-

Ma’bood, 9/347

And Allaah knows best.

Islam Q&A

(www.islam-qa.com)

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Jurisprudence and Islamic Rulings

14071: It is better not to buy in installments if you are able

to pay in cash

Question:

Is it permissible for me to buy something by installments

when I am able to pay for it in cash? Please note that the
price when bought in installments is greater than the price
if I pay in cash.

Answer:

Praise be to Allaah.

We have already stated in the answer to question no. 13973

that selling something by installments for a higher price
is permissible.

Although it is permissible, we should not be too lax on

this matter, especially if there is no need for it, because
buying by installments means buying with debt, and we
should not be too lax when it comes to taking loans; rather
we should not seek loans unless there is a need for it and
it is essential.

The Prophet (peace and blessings of Allaah be upon him)

used to seek refuge with Allaah from debt.

Al-Bukhaari (833) narrated from ‘Aa’ishah (may Allaah

be pleased with her) that the Messenger of Allaah (peace
and blessings of Allaah be upon him) used to make du’aa’
in his prayer and say, “Allaahumma inni a’oodhu bika
min ‘adhaab il-qabr, wa a’oodhu bika min fitnat il-maseeh
il-dajjaal, wa a’oodhu bika min fitnat il-mahya wa fitnat
il-mamaat; Allaahumma inni a’oodhi bika min al-
ma’tham wa’l-maghram (O Allaah, I seek refuge with You
from the torment of the grave; I seek refuge with You

30
 Transactions - Part 6

from the fitnah of the Dajjaal; I seek refuge with You

from the trials of life and death; O Allaah, I seek refuge
with You from sin and debt).” Someone said to him, “How
often you seek refuge with Allaah from debt!” He said,
“If a man gets into debt, he speaks and lies, he makes a
promise then breaks it.” And he (peace and blessings of
Allaah be upon him) used to call on people to pay off
debts.

The Prophet (peace and blessings of Allaah be upon him)

also used to say in his du’aa’: “Allaahumma anta al-awwal
fa laysa qablaka shay’un, wa anta al-aakhir fa laysa
ba’daka shay’un, wa anta al-zaahir fa laysa fawqaka
shay’un, wa anta al-baatin fa laysa doonaka shay’un,
iqdi ‘anna al-dayn wa aghnina min al-faqr (O Allaah,
You are the First and there is nothing before You, You are
the Last and there is nothing after You, You are the Most
High and there is nothing above You, and You are the
Most Near and there is nothing closer than You. Settle
our debt for us and spare us from poverty).”

Hence no one should buy by installments when he is able

to pay the whole price immediately, because then he is
getting into debt when he has no need to, and he is
exposing himself to danger, because if a person dies in
debt he will not be forgiven, even if he dies as a shaheed
on the battlefield, until his debt is paid off.

Muslim narrated (1886) from ‘Abd-Allaah ibn ‘Amr ibn

al-‘Aas that the Messenger of Allaah (peace and blessings
of Allaah be upon him) said: “The shaheed will be
forgiven for every sin except debt.”

And al-Nasaa’i narrated (4605) that Muhammad ibn Jahsh

(may Allaah be pleased with him) said: We were sitting
with the Messenger of Allaah (peace and blessings of
Allaah be upon him) when he raised his head towards the
sky, then he put his palm on his forehead and said:

31
Jurisprudence and Islamic Rulings

“Subhaan-Allaah! What a strict issue has been revealed

to me!” We remained silent and were afraid. The following
morning I asked him, “O Messenger of Allaah, what is
this strict issue that has been revealed?” He said, “By the
One in Whose hand is my soul, if a man were killed in
battle for the sake of Allaah, then brought back to life,
then killed and brought back to life again, then killed,
and he owed a debt, he would not enter Paradise until his
debt was paid off.”

Classed as hasan by al-Albaani in Saheeh al-Nasaa’i,

4367.

The point is that if you are well off and you do not need
the money you have, and you think it most likely that you
will not need it in the near future, then it is better for you
to pay cash and not to purchase by installments.

And Allaah knows best.

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

13973: It is permissible to raise the price of a product in

return for paying in installments

Question:

Is it permissible to sell by installments when the price of

the product is increased?.

Answer:

Praise be to Allaah.

Selling in installments means that you get the product

32
 Transactions - Part 6

sooner and pay all or part of the price later in known

installments over a known period of time.

The importance of knowing the ruling on this matter:

Buying by installments is one of the issues where we

should pay attention to finding out the rulings, because it
has become very widespread in dealings on the individual
and international level after the Second World War.

So companies and corporations buy products from the

suppliers by installments, and they sell them to their
customers by installments, such as cars, real estate and
tools, etc.

One of the things that led to this becoming widespread is

the fact that some of the banks also deal in such
transactions, whereby the bank buys the product with cash
and sells it to its customers by installments.

Ruling on buying by installments.

There is a text which states that it is permissible to buy

by installments, which means buying a product and
delaying payment.

Al-Bukhaari (2068) and Muslim (1603) narrated from

‘Aa’ishah (may Allaah be pleased with her) that the
Prophet (peace and blessings of Allaah be upon him)
bought some food from a Jew to be paid for later, and put
an iron shield in pledge for it.

This hadeeth indicates that it is permissible to make a

purchase with delayed payment, and buying by
installments is nothing other than buying with delayed
payment; all it means is that the price is divided into
amounts, each of which must be paid at a certain time.

There is no difference between the shar’i ruling on a case

33
Jurisprudence and Islamic Rulings

where the whole price is paid later at one time, or where

the price is paid later at different times.

Al-Bukhaari (2168) narrated that ‘Aa’ishah (may Allaah

be pleased with her) said: Bareerah came to me and said:
“I drew up a contract of manumission with my master
stating that I would pay nine waqiyaha, one waqiyah each
year.” [A waqiyah is a weight of silver etc].

This hadeeth indicates that it is permissible to pay later

in installments.

Even though the texts state that it is permissible to delay

payment, there is no text which states that it is permissible
to increase the price in return for that delay.

Hence the scholars differed concerning the ruling on this

issue.

A few scholars said that it is haraam, on the grounds that

it is riba. They said: because this is increasing the price in
return for the deferment, and this is riba.

But the majority of scholars, including the four imams,

were of the view that it is permissible.

The comments of the scholars of the four madhhabs

concerning this include the following:

The Hanafi madhhab: “The price may be raised in return

for delaying payment,” (Badaa’i’ al-Sanaa’i’, 5/187)

The Maaliki madhhab: “For more time some amount may

be added to the price.” (Bidaayat al-Mujtahid, 2/108)

The Shaafa’i madhhab: “Five in cash is equivalent to six

in deferred payment.” (al-Wajeez by al-Ghazaali, 1/85)

The Hanbali madhhab: “Delay add something to the

price.” (Fataawa Ibn Taymiyah, 29/499).

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They quoted evidence from the Qur’aan and Sunnah to

support that, including the following:

1 – Allaah says (interpretation of the meaning):

“Allaah has permitted trading”

[al-Baqarah 2:275]

The general meaning of this verse includes all forms of

trading, which includes increasing the price in return for
delaying payment.

2 – 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]

The general meaning of this verse also indicates that

trading is permissible if there is consent from both parties.
If the purchaser agrees to pay a higher price in return for
delaying payment, the transaction is valid.

3 – al-Bukhaari (2086) narrated that Ibn ‘Abbaas (may

Allaah be pleased with him) said: The Prophet (peace
and blessings of Allaah be upon him) came to Madeenah
when they used to pay in advance the price of fruits to be
delivered within two or three years. He said, “Whoever
pays in advance the price of a thing to be delivered later
should pay it for a specified measure at specified weight
for a specified period.”

Bay’ al-salam (forward buying) is permissible according

to the texts and scholarly consensus, and it is akin to
purchase by installments. The scholars mentioned that
the wisdom behind it is that it benefits the purchaser by
reducing the price and the vendor by bringing him money

35
Jurisprudence and Islamic Rulings

sooner. This indicates that something may be added to

the price in return for delaying payment, and that there is
nothing wrong with this when buying and selling. See al-
Mughni, 6/385.

4 – The actions of the Muslims indicate that it is

permissible to increase the price in return for delaying
payment, and none of them denounced that. So it became
like consensus (ijma’) that this kind of transaction is
permissible.

Shaykh Ibn Baaz was asked about the ruling on increasing

the price in return for delaying payment, He said:

There is nothing wrong with this transaction because

paying cash for the product is different from delaying
payment. The Muslims are still doing such transactions
and this is like consensus that it is permissible. Some
scholars held an odd opinion and said that it is not
permissible to increase the price in return for delaying
payment, and they thought that this was a kind of riba,
but this is a baseless view. It is not a kind of riba at all,
because when the dealer sells the product to be paid for
later, he agrees to the delay so that he may benefit from
the increase in price, and the purchaser agrees to the
increase so that he may take his time and because he is
unable to pay the price in cash on the spot. So both of
them benefit from this transaction. There is a proven report
from the Prophet (peace and blessings of Allaah be upon
him) which indicates that this is permissible; he
commanded ‘Abd-Allaah ibn ‘Amr ibn al-‘Aas (may
Allaah be pleased with him) to equip an army and he was
buying one camel for two camels, to be handed over at a
later date. Moreover this transaction comes under the
general meaning of the verse in which Allaah says
(interpretation of the meaning):

“O you who believe! When you contract a debt for a fixed

36
 Transactions - Part 6

period, write it down”

[al-Baqarah 2:282]

This transaction is one of the permissible kinds of debt

that are mentioned in this verse; it is also akin to forward
buying (bay’ al-salam).

Fataawa Islamiyyah, 2/331

See Bay’ al-Tasqeet by Dr. Rafeeq Yoonus al-Masri

And Allaah knows best.

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

9386: If an agent sells a product for more than the price

stipulated, who does the extra money belong to?

Question:

I am working on a company that sells products. Salem

Manager told me that I can sell a product with a cost of
SR 1,000. Although I am not working in Sales
Department. I was able to locate customers who can pay
more than that price,i.e SR1,500.

Is it Ok to sell it with 1,500 and give the company 1000

and leave the rest for me?.

Answer:

Praise be to Allaah.

If the company has stipulated the price and said that you
should not sell it for more than that, then it is not
permissible for you to sell it for more than the stipulated
price. However, if the company has stipulated the price

37
Jurisprudence and Islamic Rulings

but has not said that you should not sell it for more than
that, then it is permissible for you to sell it for more. In
either case, the extra money belongs to the company and
it is not permissible for you to take it.

That is because the agent should work for the interests of

his employer, not for his own interests.

The evidence for that is the report narrated by al-Bukhaari

(3643) from ‘Urwah, that the Prophet (peace and blessings
of Allaah be upon him) gave hima dinar to buy a sheep
for him. He bought two sheep and sold one for a dinar,
and brought him a sheep and a dinar. The Prophet (peace
and blessings of Allaah be upon him) prayed that he would
be blessed in his transactions and that even if he bought
dust he would profit from it.

‘Urwah was acting as the agent of the Prophet (peace and

blessings of Allaah be upon him) in this purchase, and he
was able to make a profit in his buying and selling. This
profit belonged to the Prophet (peace and blessings of
Allaah be upon him), because if it had belonged to
‘Urwah, the Prophet (peace and blessings of Allaah be
upon him) would not have taken it.

Ibn ‘Abd al-Barr said:

There is no dispute among the scholars that it is

permissible to act as an agent. But the scholars differed
concerning the meaning of this hadeeth and whether, if
the agent buys more than he was told to, that transaction
is binding upon his employer. For example, if a man says
to another, Buy me a pound of meat with this dirham, and
describes what kind of meat it should be, and he buys
four pounds of that kind of meat with that dirham. The
opinion of Maalik and his companions is that he has to
accept this transaction, if the meat is of the kind stipulated
but is of a larger amount because he has done well. This

38
 Transactions - Part 6

hadeeth supports this view, and it is a jayyid hadeeth. It

proves that the two sheep belonged to the Prophet (peace
and blessings of Allaah be upon him), otherwise he could
not have accepted the dinar or approved of this transaction.
Al-Tamheed, 2/108

The Standing Committee was asked about this matter and

they said:

It is permissible to sell a product for more than its price if

that is possible, but the extra money belongs to the owner
of the product. But if the owner stipulated that it was not
to be sold for a higher price, then it should be sold for the
price stipulated by the owner.

Fataawa al-Lajnah al-Daa’imah, 13/96

But if the company stipulated the price to you, and agreed

with you that if you sold it for more then the extra money
would be yours, it is permissible for you to sell it for
more and the extra money is yours.

Ibn Qudaamah (may Allaah have mercy on him) said in

al-Mughni (7/361):

If he said, Sell this garment for ten and anything extra is

yours, then that is valid and he is entitled to the extra
money… Ibn ‘Abbaas did not see anything wrong with
that. And Allaah knows best. Islam Q&A (www.islam-
qa.com)

9668: Being tolerant of sinner’s sins

Question:

My family always wanted to open a business and

specifically a restaurant business. Based on the
prophet(PBUH) hadith that Commerce is better than

39
Jurisprudence and Islamic Rulings

salary. The problem for a restaurant to be successfull

Alcohool need to be served since it is the major
driver(bring customers). We avoided this Business
because we know that this would be Haram and without
alcohool it wouldn’t work. A friend advised us with a
new formula where the customer brings their own wine.
We don’t have to Buy it nor serve it nor sell it. I know
this is a border line What is your view of this dilema?.

Answer:

Praise be to Allaah.

Firstly:

There is no such thing in the hadeeth of the Prophet (peace

and blessings of Allaah be upon him) as that which the
questioner mentions, “Commerce is better than a salary.”
The closest thing is the hadeeth, “Nine-tenths of provision
is in trade,” which is a da’eef (weak) hadeeth that was
classed as such by al-Albaani in Da’eef al-Jaami’, 2434.

Secondly:

What one of your friends has suggested to you, that the

customers bring their own wine with them to your
restaurant, is false according to sharee’ah. It is bad advice,
whether it is intended to cause you harm or it comes from
one who is ignorant and does not know the ruling of
Allaah.

That is because you will be answerable to Allaah about

your restaurant, and it is not permissible for you to allow
sin to be committed in it. Drinking alcohol is haraam and
no Muslim doubts that. It is a great evil, so how are you
going to deal with this evil? The Prophet (peace and
blessings of Allaah be upon him) said: “Whoever among
you sees an evil action, let him change it with his hand

40
 Transactions - Part 6

(by taking action); if he cannot, then with his tongue (by

speaking out); and if he cannot, then with his heart (by
hating it and feeling that it is wrong).”

(Narrated by Muslim, 49).

Have you tried to change this evil by taking action, or by

speaking out?

There is another issue.

It was narrated that Jaabir said: The Prophet (peace and

blessings of Allaah be upon him) said: “Whoever believes
in Allaah and the Last Day, let him not sit at a table at
which alcohol is passed round.”

(Narrated by al-Tirmidhi, 2801. This hadeeth has

corroborating reports which render it saheeh. It was
classed as saheeh by al-Haafiz ibn Hajar in Fath al-Baari,
9/250).

Do not forget that this table belongs to you and is in your

place. What is meant is not only sitting. Even if you are
in the same place or the same restaurant, you are sharing
with them in the sin, so how about if the place is your
place?

Allaah says (interpretation of the meaning):

“And it has already been revealed to you in the Book

(this Qur’aan) 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]

Ibn Katheer said: This means, if you commit the forbidden

action after you have heard that it is forbidden, and you
agree to sit with them in the place in which they are

41
Jurisprudence and Islamic Rulings

denying the Verses of Allaah and mocking them, and you

approve of that, then you are joining with them in what
they are doing. Hence Allaah says, “you would be like
them” in sin, as it says in the hadeeth, “Whoever believes
in Allaah and the Last Day, let him not sit at a table at
which alcohol is passed round.”

(Tafseer Ibn Katheer, 1/567, 568)

And there is another issue:

What if a person were to say that he wants to open a hotel

in order to make money, and someone were to advise him
to let anyone bring a woman there to sleep with her,
because this will attract customers! Would you agree with
this advice? The answer is, No, definitely not.

The same applies to the one who told you that if you want
to make money you have to let the customers bring their
own wine with them. There is no difference. In both cases,
you would not be offering wine or women, but you would
be allowing people to commit haraam actions in front of
your eyes in your place.

Based on that, it is haraam for you to allow anyone to

bring something that Allaah has forbidden and drink it in
your restaurant. 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).

And He will provide him from (sources) he never could

imagine”

[al-Talaaq 65:2-3]

So you should not be deceived by what people say when

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 Transactions - Part 6

they tell you that you will not make any money unless
you allow people to bring these haraam things into your
restaurant. These people are not offering you sincere
advice, or they want to offer advice but they are going
about it the wrong way.

And Allaah knows best.

Islam Q&A

(www.islam-qa.com)

6699: What is the ruling on buying from the kuffaar when

there are Muslims around?

Question:

What is the ruling on Muslims who do not cooperate with

one another because they do not want to buy from
Muslims and they prefer to buy from the kuffaar’s stores?
Is this halaal or haraam?

Answer:

Praise be to Allaah.

The basic principle is that it is permissible for a Muslim

to buy what he needs of that which Allaah has permitted
from a Muslim or from a kaafir. The Prophet (peace and
blessings of Allaah be upon him) bought from Jews. But
when a Muslim chooses not to buy from his Muslim
brother for no reason, i.e., he has not been cheated or
deceived, and the goods are not of poor quality, and he
simply prefers to buy from a kaafir rather than from a
Muslim with no justification – this is haraam, because it
weakens the trade of the Muslims and makes them lose

43
Jurisprudence and Islamic Rulings

sales if this becomes a habit among the Muslim

(consumers). But if he does not buy from him for a reason
such as those mentioned above, then he should advise
his Muslim brother to give up the bad things he is doing.
If he accepts the advice, then praise be to Allaah, otherwise
he should leave him alone and go to someone else, even
if he is a kaafir, if he is honest and the transactions are to
the mutual benefit of both parties.

From Fataawaa al-Lajnah al-Daa’imah, 13/18

(www.islam-qa.com)

13960: What is the fee when a sale is made?

Question:

There is a great deal of debate concerning the fee which

an agent may take, whether it should be 2.5 per cent or 5
per cent. What is the fee according to sharee’ah, or should
it be according to the agreement between the seller and
the agent?

Answer:

Praise be to Allaah.

If there is an agreement between the seller and purchaser

that a certain amount should be taken from the seller, the
purchaser or both, then that is permissible. There is no
set rate for the fee, rather whatever is agreed upon with
the one who is to pay the fee is permissible. But it should
be within the limits of whatever is customary among the
people so that the agent will be paid in return for his efforts
in negotiating and completing the transaction between
the seller and purchaser, and it should not adversely affect

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either the seller or purchaser by charging more than is

usual. Fataawa al-Lajnah al-Daa’imah li’l-Buhooth al-
‘Ilmiyyah wa’l-Ifta, part 13, p. 130 (www.islam-qa.com)

10676: Ruling on one who sells a product to a person who

is buying it with an interest-based loan

Question:

brother if a person is building houses as his job using

halal money and sells them to people who are buying them
in ribaa, does this person fall into sin. because living in
the west it is common knowledge that most people get a
loan to buy homes and cannot really afford to buy them
cash.

Answer:

Praise be to Allaah.

It is better not to get involved with these kinds of

transactions, in order to be on the safe side, but the basic
principle is that he has nothing to do with the riba-based
transaction and he is not a party to it, because the party
which is consuming riba is the bank and the one who is
paying it is the purchaser of the house. Shaykh Ibn Jibreen
(www.islam-qa.com)

21218: Is it permissible to buy a company on condition that

one pay off its debts?

Question:

Is it permissible to buy a company that owes money, on

condition that the purchaser take on these debts?

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Jurisprudence and Islamic Rulings

Answer:

Praise be to Allaah.

That is permissible if he takes on the debts in return for

taking possession of that company, whether he pays a sum
of money to its owner or he takes possession in return for
taking on the debts only, such as saying, “I will buy this
company for 500,000 and pay 300,000 to you in cash and
take on 200,000 that the company owes to people. Shaykh
Ibn Jibreen. (www.islam-qa.com)

26217: Selling government airline tickets if one travels by

land

Question:

Is it permissible to sell government airline tickets that

were given to me, because I traveled by land?

Answer:

Praise be to Allaah.

There is there is nothing wrong with selling the tickets if

you have no need of them, unless your traveling by land
will cause some delay in your work. In that case it would
only be permissible for you to travel by the means
approved, i.e., by air. Shaykh ‘Abd al-Kareem al-Khudayr.
(www.islam-qa.com)

22443: Dealing in birds

Question:

My younger brother deals in birds – is this permissible or

not?

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 Transactions - Part 6

Answer:

Praise be to Allaah.

It is permissible to sell birds because that comes under

the general heading of the permissible nature of buying
and selling.

From Fataawa al-Lajnah al-Daa’imah, 13/34.

(www.islam-qa.com)

22396: Ruling on telling people a price other than the price

he really paid

Question:

A person says, “This item cost me such and such,” when

in fact it cost him less than that. Rather he wants to
increase his profits. There are some who swear by Allaah
that this is the price they paid. What is the ruling on that?

Answer:

Praise be to Allaah.

If a person buys a product and offers it for sale, and says,

“It cost me such and such” but he is lying by saying that
he paid more for it than he really did, then he is doing
something that is haraam and is committing a sin. He
risks losing the barakah (blessing) of his sale. If he swears
by Allaah to that effect, then his sin is even greater and
the punishment will be more severe. He is included in
the warning mentioned in the hadeeth narrated by Muslim
in his Saheeh from Abu Dharr (may Allaah be pleased
with him), in which it says that the Prophet (peace and

47
Jurisprudence and Islamic Rulings

blessings of Allaah be upon him) said: “There are three

whom Allaah will not look at on the Day of Resurrection,
nor will He purify them, and theirs will be a painful
torment.” We said, “Who are they, O Messenger of Allaah?
For they have indeed failed and are losers.” He said, “The
one who reminds others of his favours, the one who lets
his lower garment hang below his ankles, and the one
who sells his product by swearing false oaths.” (al-
Tirmidhi said, this is a saheeh hasan hadeeth). According
to another report, “by evil oaths.” And al-Bukhaari,
Muslim and others narrated that Abu Hurayrah (may
Allaah be pleased with him) said: “I heard the Messenger
of Allaah (peace and blessings of Allaah be upon him)
say: ‘Swearing an oath may sell a product but it destroys
the barakah.”

Al-Bukhaari narrated in his Saheeh (vol 4, p. 316) from

‘Abd-Allaah ibn Abi Awfa (may Allaah be pleased with
him) that a man offered him an item for sale in the market
and he swore falsely by Allaah that someone else had
already made him an offer in order to get a Muslim to
buy it. Then the aayah was revealed (interpretation of the
meaning):

“Verily, those who purchase a small gain at the cost of

Allaah’s Covenant and their oaths, they shall have no
portion in the Hereafter (Paradise). Neither will Allaah
speak to them nor look at them on the Day of Resurrection
nor will He purify them, and they shall have a painful
torment”

[Aal ‘Imraan 3:77]

Al-Bukhaari and Muslim narrated in their Saheehs that

Abu Hurayrah (may Allaah be pleased with him) said:
“The Messenger of Allaah (peace and blessings of Allaah
be upon him) said: “There are three whom Allaah will
not look at and will not purify, and theirs will be a painful

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 Transactions - Part 6

torment: a man who has extra water but he withholds it

from the wayfarer; a man who gives allegiance (bay’ah)
to another man (according to one report, to a leader) but
he only did so for the purpose of worldly gains, so if he
gets what he wants he is loyal to him, otherwise he betrays
him; and a man who bargains with another man
concerning some product after the time of ‘Asr and he
swears (falsely) to him that he has already been offered
such and such, and he sells it.”

(al-Bukhaari, 124, 160, 376; Muslim, 1/103, no. 108).

From Fataawa al-Lajnah al-Daa’imah, vol 13/10.

(www.islam-qa.com)

12946: Father selling some of his property to one of his

sons

Question:

Is it permissible for a man to sell some of his property to

one of his sons, noting that some of them are able to buy
while others do not have anything and are unable to buy?

Answer:

Praise be to Allaah.

It is permissible for a man to sell some of his property to

one of his sons, if he is able to buy it, and to deal with
him as he would deal with a stranger. But he should not
show any bias towards him in a manner that implies he is
favouring him over his brothers.

From Fataawa al-Lajnah al-Daa’imah, 13/15

.(www.islam-qa.com)

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Jurisprudence and Islamic Rulings

22085: When buying a certain number they give a free

service

Question:

What is the ruling on some stores, such as gas stations

and laundries, giving their customers cards which the
customer collects, then when he reaches a certain number
they will do some service for him for free?

Answer:

Praise be to Allaah.

With regard to what some gas stations and stores do,

giving their customers gifts such as handkerchiefs or cards
to collect for a car-wash or oil-change, or paying a certain
amount up front for a discount on each wash, or paying
some amount in advance – I do not think that there is any
reason not to allow such dealings, because that is like a
person giving up some of what belongs to him. I mean
the owner of the gas station, laundry or store. It is not like
gambling because the person who engages in these three
transactions does not lose anything. What he pays is in
return for something and any rewards or gifts that he gets
are like incentives to do business.

Al-Da’wah magazine, issue no. 1796, p. 19 (www.islam-

qa.com)

12638: Ruling on selling an item on credit for a higher

price than if it is paid for immediately

Question:

If one sells an item at Rs.10 against cash payment, can he

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 Transactions - Part 6

demand a higher price from a a buyer who wants to buy

on 30 days credit. IN other words:

If an item is sold for Rs. 10 against cash payment, can the

seller demand Rs, 11 for the same item from a buyer who
wants to buy against 30 days credit. This question needs
clarification in the light of Riba .

Answer:

Praise be to Allaah.

It is permissible to sell an item on credit for a higher price

than if it is paid for immediately, whether the payment is
to be made in installments or in one payment at the later
date. But this is conditional upon the two parties not
separating until they have agreed how the transaction is
to be done, whether it is to be paid immediately or
deferred. In this case the additional amount is not riba,
and there is nothing in sharee’ah to specify the amount of
the extra payment in the case of deferred payment. But
the Messenger of Allaah (peace and blessings of Allaah
be upon him) encouraged tolerance in matters of selling,
buying, paying off debts and asking others to pay debts.

Fataawa al-Lajnah al-Daa’imah See Fataawa

Islaamiyyah, part 2, p. 335

But if he sells it for ten, for example, then the purchaser

subsequently wants to delay payment, it is not permissible
for the vendor to add anything to that. If he adds something
in return for extending the time period, this is riba and is
haraam and a major sin. We ask Allaah to keep us safe
and sound. See also the answer to question no. 1231.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

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Jurisprudence and Islamic Rulings

6194: Is it permissible to sell to drunken customers?

Question:

My father has grocery shop and sometimes we have

drunken customers that come in.

I would like to know if it is permissable to deal with such

customers and if by doing so it breaks wuduu as some of
them smell strongly of alcohol or have cans of beer in
their hand which they are drinking.

Answer:

Praise be to Allaah.

We put the following question to Shaykh Muhammad ibn

Saalih al-‘Uthaymeen:

A shopkeeper doing business in the West has Christians

who come in, drunk or staggering, to buy things that are
permissible. Is it permissible for him to sell to them?

He replied, may Allaah preserve him:

Yes, so long as they are Christian.

Question:

Why?

Answer:

It is permissible because the Christians believe that it is

permissible to drink alcohol.

Question:

The question in our minds is that one of the two parties

[engaged in the transaction] is not in his right mind.

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 Transactions - Part 6

Answer:

Does he not know how to make a purchase?

Question:

There are different types of drunkenness: a person may

or may not be aware that he is buying something.

Answer:

If they are in such a state that they do not know (what

they are doing), then it is not permissible to deal with
them.

Question:

But if he is drunk and does know what he is doing?

Answer:

Then there is nothing wrong with it, as it says in the aayah

(interpretation of the meaning):

“Approach not As-Salaah (the prayer) when you are in a

drunken state until you know (the meaning) of what you
utter” [al-Nisaa’ 4:43]

And Allaah knows best.

Shaykh Muhammad ibn Saalih al-‘Uthaymeen

(www.islam-qa.com)

9499: Giving up one’s telephone line in return for having

the bill paid

Question:

Is it permissible for a person to give up his telephone

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Jurisprudence and Islamic Rulings

number in return for the person to whom he gives it up

paying his bill, the amount of which is already known?

Answer:

Praise be to Allaah.

I put this question to my shaykh, Shaykh ‘Abd al-‘Azeez

ibn Baaz (may Allaah have mercy on him), who replied
as follows:

I do not see any reason why not. Giving up something is

more general than selling. And Allaah knows best.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

10031: Selling at more than 10% profit

Question:

Is it permissible for a trader to earn more than 10% profit

on goods?

Answer:

Praise be to Allaah.

The earnings a trader may make are not limited by

sharee’ah, but it is not permissible for a Muslim to cheat
those who buy from him and to sell his goods at a price
that differs from the going rate in the marketplace. Islam
teaches Muslims not to seek a huge profit, but to be
easygoing when buying and selling, because the Prophet
(peace and blessings of Allaah be upon him) urged an
easygoing and tolerant attitude in dealings with others.

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 Transactions - Part 6

Fataawaa al-Lajnah al-Daa’imah, 13/92

(www.islam-qa.com)

8507: Buying with funds from a savings scheme when he is

one of the members of the scheme

Question:

We have a fund whereby each member gives an initial

payment (500 riyaals) then makes monthly payments (100
riyaals). After a while, the fund grew and the people who
were in charge of it were able to buy cars with cash and
sell them by monthly instalments for a higher price. Some
of the members of the savings scheme and other people
bought the cars.

The first question is: what is the ruling on people who

bought these cars in the manner described above, who
were also members of the savings scheme?
The second question is: what is the ruling on a person
who bought a car in the manner described above, who
was a member of the savings scheme but was unaware
(of the connection between the scheme and these cars)?
If the answer is that it is not permissible, whether he has
paid in full or is still paying?

Answer:

Praise be to Allaah.

If this is based on the condition that one of the partners in

this scheme can buy one of the group’s cars, then this is
not permissible, because this comes under the heading of
“two transactions in one”, since it involves partnership
(being a partner in the scheme) and purchasing (buying

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Jurisprudence and Islamic Rulings

the car). But if this is not a condition that was previously

laid down, then there is nothing wrong with it.

And Allaah is the source of strength. May Allaah bless

our Prophet Muhammad and his family and companions,
and grant them peace.

Standing Committee on Academic Research and Issuing

Fatwas, 13/309

(www.islam-qa.com)

5375: Selling products to children for more than the

wholesale price

Question:

Can a Muslim sell products that he has purchased

wholesale having a price ready-printed on them (e.g.
canned drinks on special offers) at a higher price to others,
in particular to Muslim children?

Answer:

Praise be to Allaah.

There is nothing wrong with increasing the price, because

this is what trading and business are based on. But there
exists the condition that this should not involve lying,
cheating or hoarding something that people need, such
as food staples, etc.

Islam Q&A

Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

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 Transactions - Part 6

10203: What is the ruling on selling women’s products?

Question:

I have an establishment in which I sell perfumes, watches,

make-up, creams, hair-dryers and ready-made women’s
clothes which are long and not revealing. My question is:
are any of these items haraam and should I stop selling
them, or can I carry on with my business?

Answer:

Praise be to Allaah.

With regard to selling the things you mention, there is

nothing to indicate that they are haraam, so long as that
does not lead to any haraam actions such as flirting or
joking with women and so on.

From Fataawaa al-Lajnah al-Daa’imah, 13/33

(www.islam-qa.com)

3223: Selling discount coupons for gas

Question:

We are offering a program to sell fuel to people, the details

of which are as follows: pay 200 riyaals and get coupons
for gas worth 210 riyaals plus a free car wash, knowing
that the amount of 200 riyaals is being paid in advance
when you buy the gas coupons. Is this offer halaal or
haraam?

Answer:

Praise be to Allaah.

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Jurisprudence and Islamic Rulings

If the matter is as described, it is permissible to sell the

coupons for gas plus a car wash for the amount stated,
because the sale is in fact for the amount of gas described
plus the car wash, and there is no deception, ribaa or
jahaalah (purchase of unknown product) involved.

From Fataawaa al-Lajnah al-Daa’imah, 13/34

(www.islam-qa.com)

3138: Father selling some of his possessions to one of his

sons

Question:

Is it permissible for a man to sell something that he owns

to one of his sons, knowing that some of them are able to
make the purchase whilst others do not have anything
and cannot make the purchase?

Answer:

Praise be to Allaah.

It is permissible for a man to sell some of his property to

one of his sons, if he (the son) is able to make the purchase,
and he should deal with him as he would deal with a
stranger. He should not give him any preferential treatment
that would indicate that he favours him over his siblings.

From Fataawaa al-Lajnah al-Daa’imah, part 13/15

(www.islam-qa.com)

3003: Ruling on selling razors

Question:

My father sends me boxes of razors to sell. Given that

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 Transactions - Part 6

these razors are usually used for shaving beards, and rarely
for shaving moustaches and pubic hairs, and for this
reason I feel doubtful, is it halaal or haraam, i.e., should I
sell them or not?

Answer:

Praise be to Allaah.

It is not haraam for you to sell them and benefit from

their price, but they are haraam for the one who intends
to use them for a haraam purpose.

From Fataawaa al-Lajnah al-Daa’imah, 13/30

(www.islam-qa.com)

3066: What should be done with samples left over from

quality-control testing?

Question:

Various samples of cheeses, juices, nuts, meats, perfumes,

dairy products etc. come to our laboratory. In some cases
the samples are more than is required for testing. For
example, a carton of juice holds 30 boxes, and the tests
require only 5 boxes. There are many similar examples.
Is it permissible for the lab technicians to take them or
give them to some deserving people? Knowing that
leaving them until all the lab and customs procedures are
completed would mean that they may go off and have to
be thrown out, and, moreover, many of the traders never
come and ask about the rest of their samples.

Answer:

Praise be to Allaah.

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Jurisprudence and Islamic Rulings

Firstly: those who are responsible for requesting samples

for quality-control testing must ask for the amount that is
usually sufficient for testing, and not ask for or accept
more than what is needed.

Secondly: in cases where only some of the amount given

is sufficient, whatever is left over must be handed back
to its owner. His address should be written down on the
sample, and an appointment should be made to give back
whatever is left over from the tests. A name of a contact
person and an address should also be obtained, so that
the goods may be returned.

Thirdly: in the event that the owner of the goods or his

representative does not keep the appointment, and there
is the fear that the samples may go off, then they may be
sold and the money raised should be given to Bayt al-
maal al-Muslimeen (the treasury of the Islamic state). If
they cannot be sold, they should be given away to the
people who are usually taken care of by the bayt al-maal.

See Fataawaa al-Lajnah al-Daa’imah, 13/22 (www.islam-

qa.com)

7294: Does Islam permit bidding in auctions?

Question:

I am working for an Internet Auction company. I want to

know if Islam permits bidding in auctions.

Answer:

Praise be to Allaah.

Firstly:

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 Transactions - Part 6

Islam permits selling by auctions and does not forbid it,

according to the most correct and well-known opinion of
the scholars. This is based on the following evidence:

Jaabir said: A man had decided that a slave of his would

be manumitted after his death, but later on he was in need
of money, so the Prophet (peace and blessings of Allaah
be upon him) took the slave and said, “Who will buy this
slave from me?” Nu’aym ibn ‘Abd-Allaah bought him,
and he (the Prophet (peace and blessings of Allaah be
upon him) handed the slave over to him.

(Narrated by al-Bukhaari, 2034; Muslim, 997). Al-

Bukhaari included this hadeeth in a chapter titled “Baab
bay’ al-Muzaayadah (Chapter: selling by auction).”

Ibn Hajar said: Ibn Battaal replied that the words of the
Prophet (peace and blessings of Allaah be upon him) in
this hadeeth, “Who will buy this slave from me?” indicate
that he was offering him to the highest bidder so that the
needs of the bankrupt man for whom he was selling him
could be met. (Fath al-Baari, 4/354).

2. ‘Ataa’ said: I met some people who saw nothing wrong

with selling booty to the highest bidder. (Narrated by al-
Bukhaari in Kitaab al-Buyoo’ (the book of sales), Baab
bay’ al-Muzaayadah (Chapter: selling by auction)).

Secondly:

Rational evidence:

In an auction, the vendor offers his goods for sale, and

the purchaser offers to buy them for a certain price. If the
vendor does not accept that price, that is the end of the
matter and there is no transaction. The he will say, “Who
will offer more?” A second purchaser can then offer a
higher price, and so on.

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Jurisprudence and Islamic Rulings

In this case, each offer is a separate and independent deal,

and there is nothing wrong with that.

Thirdly:

Some scholars, such as al-Oozaa’i and Ishaaq ibn

Raahawayh, said that auctions can be used only to sell
booty and inherited goods. Their evidence was the
following hadeeth:

“The Messenger of Allaah (peace and blessings of Allaah

be upon him) forbade anyone of you from seeking to
outbid one another, except in the case of booty and
inherited goods.”

(Narrated by Ahmad, 5398; al-Daaraqutni, 3/11; al-

Bayhaqi, 5/344; al-Tabaraani in al-Awsat, 8/198).

The response to the view is:

The hadeeth is weak, because it includes ‘Abd-Allaah

ibn Lahee’ah.

The hadeeth of Jaabir is general, and the ruling remains

general in application.

Hence Imaam al-Tirmidhi said:

On the basis of the hadeeth of Jaabir, some scholars did

not see anything wrong with selling booty or inherited
goods to the highest bidder.

Ibn al-‘Arabi (may Allaah have mercy on him) said:

There is no point on restricting auctions only to these

two kinds of goods. There is no difference between these
goods and others; they are all the same.

(See Fath al-Baari, 4/354).

Fourthly:

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 Transactions - Part 6

Some scholars, including Ibraaheem al-Nakha’i, regarded

this kind of sale as makrooh. Their evidence was the
hadeeth of Sufyaan ibn Wahb:

“I heard the Messenger of Allaah (peace and blessings of

Allaah be upon him) forbid selling by auction.”

Response:

The hadeeth was narrated by al-Bazzaar, but it is weak,

because it includes Ibn Lahee’ah. (See Fath al-Baari, 4/
354).

It is contradicted by reports which are more sound, as we

have stated above.

Fifthly:

There is no contradiction between auctions and a man

outbidding his brother, which is forbidden according to
the hadeeth of Abu Hurayrah: “The Messenger of Allaah
(peace and blessings of Allaah be upon him) forbade a
city-dweller to sell to a Bedouin, and he forbade us to
inflate prices artificially and to outbid one another.”

(Narrated by al-Bukhaari, 2033; Muslim, 1413).

What is meant by this hadeeth is when the vendor and

purchaser have come to an agreement and are bargaining
over the price, and a third party comes and tempts the
purchaser to cancel the transaction. But this does not apply
to auctions, because in an auction it is the vendor who
cancels the transaction by asking who will offer more;
the people who are present at an auction are already
involved, and everyone is aware that anyone may increase
the price.

Sixthly:

The warning against engaging in najsh (artificially

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Jurisprudence and Islamic Rulings

inflating prices with a fraudulent intention). In Arabic the

word najsh means provoking, and is also used to refer to
the action of prodding a bird to enter a trap. It refers to
pushing the purchaser to fall into the vendor’s trap so
that he buys at an inflated price. This is achieved by having
another man attend the auction and make bids without
wanting to buy, in order to raise the price. Whether this is
done by agreement with the vendor or not, it is prohibited
by the hadeeth, “The Messenger of Allaah (peace and
blessings of Allaah be upon him) forbade artificial
inflation of prices.” (Narrated by al-Bukhaari, 2035;
Muslim, 1516).

In conclusion: auctions are one of the types of sale that

are permitted according to Islamic sharee’ah. This is also
the consensus of the Muslims in their marketplaces.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

8938: Discount on cost of laundry if one pays in advance

Question:

Some laundry services tell people, buy a voucher for

seventy riyaals – for example – and we will do laundry
for you worth one hundred riyaals. If the customers do
not buy this voucher, they will pay one hundred riyaals
for one hundred riyaals’ worth of laundry; if they buy it
for seventy riyaals, it will entitle them to have one hundred
riyaals’ worth of laundry washed. So this voucher is a
kind of discount. Is it permissible to buy it from them
and use it for one’s laundry?

Answer:

Praise be to Allaah.

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 Transactions - Part 6

We put this question to Shaykh Muhammad ibn Saalih

al-‘Uthaymeen, may Allaah preserve him, who answered
as follows:

Yes, it is permissible, because they are saying, if you buy

the voucher in advance, we will wash your garment for
seventy riyaals, otherwise it will cost you one hundred.

And Allaah knows best.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

6572: Buying products from kaafir countries

Question:

ma hoqum buying and selling american products Hi-Tech

ones like IBM, DELL, Microsoft

Answer:

Praise be to Allaah.

There is no reason why one should not buy American

products, like any other products which come to the
Muslim countries from the kaafir countries, or deal with
the kuffaar for trading purposes, so long as this does not
involve anything that goes against sharee’ah; so long as
there is no similar product available from Muslim
countries which would rule out the need for the kaafirs’
products; and so long as buying their products will not
give them more strength against the Muslims. And Allaah
knows best.

Written by Al-Khudayr. (www.islam-qa.com)

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Jurisprudence and Islamic Rulings

7842: Ruling on sales or offering discounts

Question:

Some stores hold sales or offer discounts as a kind of

promotion to attract customers. Is it permissible for me,
as a storekeeper, to do this? What is the ruling on buying
from stores during their sales?

Answer:

Praise be to Allaah.

Most of the scholars say that it is permissible to sell goods

and services for less than the going rate.

This is the view of the Hanafi madhhab, Ibn Rushd among

the Maalikis, the Shaafa’is and Hanbalis, and of Ibn
Hazam among the Zaahiris.

The evidence for this opinion is:

Firstly: that the Prophet (peace and blessings of Allaah

be upon him) counted interference with the setting of
prices to be a form of oppression (zulm) which should be
stopped. He (peace and blessings of Allaah be upon him)
said:

“Allaah is the One Who withholds, bestows and sets

values. I hope that I will not meet Allaah with anyone
demanding restitution from me for any wrongdoing I may
have done to him with regard to his blood or his wealth.”

(Narrated by Imaam Ahmad in al-Musnad, 3/165, 286;

al-Tirmidhi, Kitaab al-Buyoo’, no. 1314, 3/597; Ibn
Maajah, no. 2200, 2/741. All of them narrated from the
hadeeth of Anas, may Allaah be pleased with him).

Secondly: sharee’ah encourages people to be easygoing

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when buying and selling, and in all transactions. The

Prophet (peace and blessings of Allaah be upon him) said:

“May Allaah have mercy on a man who is easygoing when

he buys, when he sells and when he asks for payment.”
(Narrated by al-Bukhaari, no. 2076, 2/81, from the hadeeth
of Jaabir ibn ‘Abd-Allaah, may Allaah be pleased with
them both).

Undoubtedly selling something for less than the going

rate is included in this. Ibn Rushd said, concerning a
person who sells something more cheaply that others in
the marketplace: “He will be thanked for that if he does it
for the sake of people, and he will be rewarded for it if he
does it for the sake of Allaah.” (al-Bayaan wa’l-Tahseel,
9/306)

Thirdly: the price of goods and services belongs by right

to their owners, and nobody has the right to dictate to
them concerning that or to force their opinions concerning
their value. (See Tabayyun al-Haqaa’iq, 6/28; al-Mughni,
6/312)

Some scholars said that it is not permissible to sell goods

and services for less than the going rate. This is the view
of the Maalikis.

The more correct view is that it is permissible to sell things

for less than the going rate, because of the strength of the
evidence that this is so, and because sales and other
transactions (barter) are based on the mutual consent of
the parties involved, as Allaah says (interpretation of the
meaning):

“except it be a trade amongst you, by mutual consent”

[al-Nisaa’ 4:29].

If the vendor agrees to sell his goods or services for a

price less than the prevailing market rate, there is no reason

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why he should be prevented from doing so, as the general

guideline is that sales are basically permissible. Allaah
says (interpretation of the meaning):

“Allaah has permitted trading” [al-Baqarah 2:275]

So no sales should be prevented unless it is on the grounds

of reliable evidence. But if the Muslim leader thinks that
the interests of the people can only be served by preventing
sales at less than the going rate, because leaving things as
they are may cause corruption, then it is permissible (to
put a stop to these sales), and there is nothing wrong with
doing so, because the aim is to put things right for people.
If the only way to do this is to put a stop to sales at less
than the going price, then this is permissible and may
indeed be obligatory. And Allaah knows best.

From: Al-Hawaafiz al-Tijaariyyah al-Tasweeqiyyah by

Khaalid ibn ‘Abd-Allaah al-Muslih, p. 171 (www.islam-
qa.com)

7224: Muslim renting his house to a non-Muslim

Question:

What is the ruling on a Muslim renting an apartment or

house that he owns to a kaafir, knowing that this kaafir
will most likely drink alcohol in the house, or eat pork, or
observe some kaafir religious practices?

Answer:

Praise be to Allaah.

Imaam al-Sarkhasi (may Allâh have mercy on him) said:

there is nothing wrong with a Muslim renting his house

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to a Dhimmi (Jew or Christian living under Islamic law)

to live in. If he drinks wine there or worships the cross, or
brings pork into the house, there is no sin on the Muslim
for that because he did not rent the house to him for that
purpose. The sin is on the renter who does that, as he
does it without any intention on the part of the landlord,
so there is no sin on the landlord. (Al-Mabsoot, 16/39).

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

1847: Paying in installments

Question:

What is the ruling on paying in installments, and what is

the shara’i solution in dealing with late payments on the
part of some purchasers?

Answer:

Praise be to Allaah.

It is permissible to charge more for purchases by

installment than when a person is paying in full at the
time of purchase. It is also permissible to name one price
for cash sales, and another for payment by installments
made within certain periods. The sale is not valid unless
both parties are certain about either cash or installments.
If there is some indecision with regard to cash or
installments, and the two parties fail to reach an agreement
on one specific price, then the sale is not permissible
according to sharee’ah.

According to sharee’ah, it is not permissible in the case

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of payment by installments, to state interest rates as a

separate item based on the length of time taken to repay,
regardless of whether the two parties agree on the rate of
interest or it is based on the current rate.

If the purchaser is late in paying the installments, it is not

permissible to make him pay extra, whether or not this is
arranged as a prior condition, because this is a form of
forbidden ribaa.

It is forbidden for a debtor who can afford the installments

to delay payment when they are due. At the same time,
according to sharee’ah it is not permissible to set a
condition that he should pay compensation in the event
of late payments.

According to sharee’ah, it is permissible to set a condition

that the debtor has to bring forward the payment, if he
delays some of the payments, so long as the debtor agrees
to this condition at the time when the contract is drawn
up.

The vendor does not have the right to keep the purchaser’s
property after the item has been sold, but it is permissible
for the vendor to stipulate some security as a guarantee
that the purchaser will pay the installments.

(Majma’ al-Fiqh al-Islami, p. 109)

It is permissible according to sharee’ah to reduce the

amount owing in order to expedite the settlement of the
matter, whether this is done by request of the vendor or
the purchaser. This is not counted as forbidden ribaa so
long as it is not based on a prior agreement and so long as
this agreement between the two parties is reached on a
one-on-one basis, without the involvement of any third
party, because in that case the rulings on the settlement
of business accounts would apply.

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It is permissible for the two parties to agree that all

installments should be paid immediately if the debtor fails
to make one payment, unless he is in difficulty and has
no means of paying.

If the debt becomes due because the debtor dies, becomes

bankrupt or delays payment, then in any of these
circumstances it is permissible to reduce the debt so that
the matter may be settled quickly to the mutual satisfaction
of both parties.

The definition of hardship which means that the vendor

should wait for payment is: that the debtor should not
have more wealth or property than he needs to meet his
basic requirements and pay his debt.

And Allaah knows best.

(Majma’ al-Fiqh al-Islami, p. 142) (www.islam-qa.com)

7836: Transferring patients to a private hospital for

examinations in return for a part of the fee

Question:

A private hospital has said to the doctors in the

government hospitals: if you transfer some patients to us
for some examinations which no one else performs except
us, you will have a share of the fee. Is this bribery?

Answer:

Praise be to Allaah.

We put this question to Shaykh Muhammad ibn Saalih

al-‘Uthaymeen, may Allaah preserve him, who answered

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that this is bribery and is a path to corruption. It could

lead to these doctors deceiving the patients and lying to
them, and transferring them from the government hospital,
which is free, to the private hospital on the grounds that
certain treatment or equipment is not available in the
government hospital when in fact they are available there.
And Allaah knows best.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

3490: Reward for planting: who gets it and when does it

end?

Question:

What is the ruling on one who plants something, then he

dies and the plants go to his heir? Who gets the reward?
If some of the fruits of these plants are taken wrongfully
during the lifetime of the one who planted them, is it better
for him to forgive the person who took it, or to leave it as
a debt owed by that person? If his heir does not forgive
that person or accept any compensation, and the debt
remains until the Day of Resurrection, who will be able
to demand it from him on that Day – the original planter
or the heir?

Answer:

Praise be to Allaah.

The one who planted it will have an ongoing reward from

the time he planted it until the plants die. The heir will
have the reward for whatever of its fruit is eaten during
the time when the plants are under his care, so long as it
is taken without his objection.

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Whatever fruits are taken, it is better to forgive than to

leave it as a debt. But if he does not forgive, then both the
deceased and his heir will be rewarded for whatever is
eaten, from the time the payment is due until it is finally
paid. As for demanding restitution on the Day of
Resurrection, priority will be given to the rights of the
one from whom it was taken by force. It was said that it
will be given to the final heir in the direct line of descent.
This does not apply only the case of plants, but also in
the case of everything that was owed and was not paid
off. This ruling applies in all such cases. And Allaah knows
best.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

7835: Raising the price of a piece of land in return for

transferring a government loan to the purchaser

Question:

Is it permissible to raise the price of a piece of land when

selling it, in return for transferring the vendor’s right to a
loan from the real-estate fund to the purchaser? (The real-
estate fund is a fund for interest-free loans set up by the
government to help anyone who wants to build a private
residence). To explain further: if the land is worth, for
example, 500,000 when it is not registered with the real-
estate fund, then the owner goes and applies for a loan
from the fund, and takes a number to wait his turn. When
his turn comes, say three years later, he says to the
purchaser: I will sell the land to you for 600,000 and I
will give you my turn with the real-estate fund.

Answer:

Praise be to Allaah.

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Jurisprudence and Islamic Rulings

We put this question to Shaykh Muhammad ibn Saalih

al-Uthaymeen, may Allaah preserve him, who said:

This (i.e., adding something to the price of the land) is a

payment for handing over his turn with the fund.

Question:

Doesn’t this reward for handing over his turn involve

paying for something sight unseen (majhool = unknown)?

Answer:

No, it is for something that is his. He may or may not get

the loan, but both of them are taking the same risk, the
one who is handing over his turn and the one who is taking
it from him.

Question:

So what is the answer?

Answer:

The answer as it appears to me is: there is nothing wrong

with it if the state (who owns the real-estate fund) allows
it.

And Allaah knows best.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

7836: Transferring patients to a private hospital for

examinations in return for a part of the fee

Question:

A private hospital has said to the doctors in the

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government hospitals: if you transfer some patients to us

for some examinations which no one else performs except
us, you will have a share of the fee. Is this bribery?

Answer:

Praise be to Allaah.

We put this question to Shaykh Muhammad ibn Saalih

al-‘Uthaymeen, may Allaah preserve him, who answered
that this is bribery and is a path to corruption. It could
lead to these doctors deceiving the patients and lying to
them, and transferring them from the government hospital,
which is free, to the private hospital on the grounds that
certain treatment or equipment is not available in the
government hospital when in fact they are available there.
And Allaah knows best.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

7834: Ruling on commercial advertising

Question:

If I have some kind of business or goods to sell, is it

permissible for me to launch a campaign to advertise these
products or services?

Answer:

Praise be to Allaah.

The idea of advertising in order to attract business is one

of the modern ideas that cannot be regarded as being
exempt from the general Islamic principles governing
transactions. But because, in many cases, this method of

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attracting business has gone too far, we have to mention

these general principles in detail, paying special attention
to the aims of Sharee’ah and correct etiquette. This
includes the following points:

Firstly: the businessman must have a good intention when

advertising, i.e. his intention should be to acquaint people
with the advantages of his goods or services, to draw their
attention to things they did not know about them, and to
provide other information that they may need about them.

Secondly: he must always be honest in his advertising;

what he says must reflect the reality of the product or
service. Honesty is an essential fundamental in all
dealings, but especially in selling. The Prophet (peace
and blessings of Allaah be upon him) said: “The two
parties engaged in a transaction have the choice of either
going ahead with the transaction or canceling it, until they
part. If they are open and honest, their transaction will be
blessed for them, but if they conceal things and tell lies,
that will destroy the Barakah (blessing) of their
transaction.” (Narrated by al-Bukhaari, no. 2079 (2/82-
83), and by Muslim, 1532 (3/162), from the hadeeth of
Hakeem ibn Hizaam). One of the essential means of being
honest is to avoid over-praising a product or service or
exaggerating about it, for this could go beyond the bounds
of being open and honest. The Prophet (peace and
blessings of Allaah be upon him) said: “Try not to praise
products to one another” (Al-Tirmidhi, no. 1268), i.e.,
the vendor should not praise it in order to encourage the
one who hears him to buy it, so that the only reason he
buys it is what the vendor says. Some of the scholars
counted praise of a product for what it is as a kind of
insane or senseless speech from which people should
refrain. The guideline here is that the vendor should refrain
from saying anything which could later result in regret
on the part of the purchaser.

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Thirdly: the vendor should avoid any kind of cheating

and deception in his advertising; i.e., he should not make
the product appear more attractive than it is, or conceal
its faults, or praise it in terms of characteristics and
features that it does not have. All of this is haraam, as
stated above.

Fourthly: a vendor’s advertising should not include any

condemnation or belittling of any other person’s products
or services, and it should not try to cause harm unjustly
to others. The Prophet (peace and blessings of Allaah be
upon him) said: “None of you truly believes until he wants
for his brother what he wants for himself.” (Narrated by
al-Bukhaari, no. 13 (1/2), and by Muslim, no. 45 (1/67),
from the hadeeth of Anas ibn Maalik). The guideline here
is that if something would cause him distress if it were
done to him, he should not do it to others. The Prophet
(peace and blessings of Allaah be upon him) said: “There
should be no harm and no reciprocating of harm.”
(Narrated by Ahmad, 5/326-327, 313), and by Ibn Maajah,
no. 2340-2341, from the hadeeth of ‘Ubaadah ibn Saamit).

Fifthly: the advertising should contain nothing that calls

people to be extravagant or to spend too much, because
these are things that are forbidden in Islam. Allaah says
(interpretation of the meaning):

“… and waste not by extravagance. Verily, He likes not

Al-Musrifoon (those who waste by extravagance).” [al-
An’aam 6:141]

“But spend not wastefully (your wealth) in the manner of

a spendthrift. Verily, the spendthrifts are brothers of the
Shayaateen (devils)” [al-Israa’ 17:26-27]

Sixthly: the advertising should contain nothing that

violates the sanctity of the pure sharee’ah, such as
advertising haraam things or being accompanied by things

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Jurisprudence and Islamic Rulings

that are not allowed, such as music and singing, or

showing women, and so on.

Seventhly: the advertising should not be so expensive that

the consumer has to pay towards the cost of the
advertising. It should be brief and to the point, concisely
describing the product or service without going to
extremes that may cause the price to be raised.

And Allaah knows best.

From Al-Hawaafiz al-Tijaariyyah al-Tasweeqiyyah by

Khaalid ibn ‘Abd-Allaah Al-Muslih, 209 (www.islam-
qa.com)

2852: Working in the laundry business

Question:

Dear brother,

Assalamu Alaikum Wa Rahamathulla

A muslim friend of mine intends to start a Laundry &

Dry cleaning business. Can you please clari?

Answer:

Praise be to Allaah.

There is nothing wrong with doing this kind of work, so

long as the conditions laid down by Sharee’ah are adhered
to. These include proper removal of najaasah (impurities)
from the clothes, which may be done using water or by
any other means (according to the most correct opinion),
so that no trace of najaasah is left. And Allaah knows
best.

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 Transactions - Part 6

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

2149: Making down-payments

Question:

Some vendors stipulate that people who want to buy or

rent a product must first pay a deposit; if the purchaser or
renter later changes his mind, the vendor keeps the deposit.
What is the ruling on this matter?

Answer:

Praise be to Allaah.

The matter being discussed here is that of down-payments,

which means that the purchaser pays an amount of money
to the vendor in advance, and this is taken as part of the
price paid for the product. If the purchaser doesn’t buy
the product, the vendor keeps the deposit. It is classified
under the heading of “sales and rentals”, because it is the
sale of the benefits of the product. There is a hadeeth
which forbids sales involving down-payments, but it is
da’eef (weak). There are certain cases in which making a
down-payment is not permitted, such as forward buying
(bay’ al-salam) [???], and the sale of money for money,
and of gold and silver, because in all these cases the whole
amount must be handed over at the time of drawing up
the contract. Sales on the basis of a down-payment are
not permitted in these cases.

Sales involving down-payments are permitted if a specific

waiting-period is stipulated, and both parties agree that
the down-payment will be counted as part of the price if

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the sale is completed, and that the vendor will keep the
down-payment if the purchaser changes his mind.

And Allaah knows best.

See Qaraaraat Majma’ al-Fiqh al-Islami, p. 165

(www.islam-qa.com)

2143: Ruling on dealing in bonds

Question:

What is the ruling on dealing in bonds that produce fixed

returns?

Answer:

Praise be to Allaah.

A bond is a certificate which, according to its terms,

obliges the issuer to pay the bearer the face value plus the
agreed amount of interest when it reaches maturity, or to
pay other benefits, such as prizes awarded by drawing
lots, or payment of a fixed amount, or any discaunt.

The Islamic Fiqh Council has researched the matter of

dealing in bonds and issued the following statement:

Bonds which represent a commitment to pay the face value

plus interest, or conditional benefits, are haraam according
to sharee’ah, whether one is buying, selling or handling
them, because they are considered to be interest-based
loans. This applies whether they are issued by private
companies or by public bodies run by the state. The fact
that they are forbidden is not affected by giving them other
names such as “certificates”, “investment documents” or

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“savings”, or calling the interest “profit”, “commission”

or “returns”.

Also forbidden are bonds that offer prizes, because these

are loans made on the condition that the benefits or
increase will go to the group loaning the money, or to one
of them, who is not specified at the time of investment,
in addition to the fact that this is based on the idea of
gambling.

Another kind of forbidden bonds, which it is haraam to

buy, sell or handle, is bonds or documents based on
bidding for a specific project or activity from which the
owners will not benefit in any definite way, but will only
receive a share of the profits according to the number of
bonds or documents that they own, and they will only
receive this profit if the project is actually carried out.

And Allaah knows best.

Majma’ al-Fiqh al-Islami, p. 126

(www.islam-qa.com)

2150: Ruling on auctions

Question:

What is the ruling on going to auctions where one has to

pay a fee or deposit before entering? What is the ruling
on the kind of auctions known nowadays where a product
is sold for the highest price reached?

Answer:

Praise be to Allaah.

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Jurisprudence and Islamic Rulings

Sales and purchases made at auctions are valid

transactions, so long as the conditions stipulated by
sharee’ah are adhered to. This is the opinion of the
majority of scholars, and one of the texts which they quote
as evidence is the hadeeth of Anas ibn Maalik, who said
that the Messenger of Allaah (peace and blessings of
Allaah be upon him) sold a rug (for spreading on the
ground or putting on the back of a riding-beast) and a
cup. He said, “Who will buy this rug and cup?” A man
said, “I’ll take them for a dirham,” and the Prophet (peace
and blessings of Allaah be upon him) said, “Who will
offer more than a dirham? Who will offer more than a
dirham?” Another man gave him two dirhams, and bought
the goods. (Reported by al-Tirmidhi, may Allaah have
mercy on, in al-Sunan, 1139; he said, “This is a hasan
hadeeth which we know only from the hadeeth of al-
Akhdar ibn ‘Ajlaan…) The practical conclusion drawn
from this by the scholars is that they see nothing wrong
with selling war-booty or inherited goods to the highest
bidder.

This hadeeth was narrated by al-Mu’tamir ibn Sulaymaan

and by more than one of the prominent people from al-
Akhdar ibn ‘Ajlaan.

There follows a definition of this kind of sale, and some

of the regulations that apply to it:

The contract: an auction is a commutative contract or

exchange, based on a call issued vocally or in writing to
invite interested parties to take part in the auction. The
contract is concluded when the seller is satisfied.

The actual contract may vary according to whether it is

the matter of selling or leasing, etc, and according to the
nature of the auction – it may be voluntary, like the regular
kind of auction held among individuals, or required by
law, such as auctions ordered by a judge. Auctions

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required by law may be held by public and private

institutions, and government bodies, as well as
individuals.

Any procedures involved in the auction – such as

paperwork, regulations and administrative and legal
conditions – should not contradict the rules of Islamic
sharee’ah.

Requiring a deposit from everyone who wants to come in

is permissible according to sharee’ah, but it should be
returned to anyone who does not buy anything, and should
be counted as part of the purchase price for those who do
buy.

According to sharee’ah, there is nothing wrong with

charging an entry fee to cover the costs of producing
booklets listing regulations, etc., so long as it is not more
than the actual cost.

Artificially inflating prices is haraam. This may take the

following forms:

a person who has no intention of buying may inflate the

price to tempt the buyer to offer more

a person who has no intention of buying may pretend to

like the product and to know a lot about it, and may praise
it highly, to tempt the buyer to offer more

the vendor, his agent or the auctioneer may make false

claims about how much was paid for the product, in order
to mislead the one who is thinking of buying

modern forms of this forbidden inflation of prices include

the use of audio-visual and written means to list fine
qualities that do not exist in reality, or to raise the price
so as to tempt the buyer and impel him to complete the
transaction

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Jurisprudence and Islamic Rulings

And Allaah knows best.

Qaraaraat Majma’ al-Fiqh al-Islami, p. 167 (www.islam-

qa.com)

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Chapter 2

Transactions

Business and Finance: Copyrights

26307: Copyright and the ruling on photocopying some

parts of academic reference works

Question:

Is it haraam to photocopy parts of academic reference

works for study purposes, knowing that the high cost of
these books is the reason for photocopying? If a person
copies them in order to make money, is that haraam?.

Answer:

Praise be to Allaah.

It seems to be the case that copyright belongs to the authors

and to their heirs after they die, and that there is nothing
wrong with photocopying or copying it out by hand for
personal use, not with the intention of selling, so long as
the owner of the copyright has not expressly stated that
copying for personal use is not allowed. But if it is copied
for the purpose of selling it and trading in it, this is not
allowed.

Shaykh Bakr ibn ‘Abd-Allaah Abu Zayd said:

“These clauses which protect works from tampering or

interference, and protect the value of the work and the
efforts of its author, are things that are regarded as
essential, based on the general principles of Islam. This

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Jurisprudence and Islamic Rulings

is indicated clearly in the texts and basic principles of

sharee’ah, which you can find explained in detail in Adaab
al-Mu’allifeen and Kutub al-Istilaah.

Fiqh al-Nawaazil, 2/65

The Islamic Fiqh Council which was held to discuss moral

rights issued the following statements:

Firstly: trade names, company names, trademarks,

writings and inventions are all the copyright of their
owners or authors, which in modern practice have
acquired monetary value. These rights are respected by
sharee’ah and it is not permissible to transgress against
them.

Secondly: It is permissible to dispose of a trade name,

company name or trademark, and to transfer any of them
in return for financial compensation, provided that this is
not for the purpose of deceit or fraud, given that this has
become a financial right.

Thirdly: the owner of these rights has the right to dispose

of them and no one should transgress against them.

The Scholars of the Standing Committee for Academic

Research said:

There is nothing wrong with recording and selling useful

tapes, or copying and selling books, because that is helping
to spread knowledge, unless their authors have said that
this is not allowed, in which case it cannot be done without
their permission.

Fataawa al-Lajnah al-Daa’imah, 13/187

See also question no. 454.

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

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38847: Downloading lectures from the internet and

distributing them for da’wah purposes

Question:

What is the ruling on one who downloads some lectures

from the internet then copies them and distributes them
to the youth to spread da’wah and so that the benefit will
reach more people? Is this regarded as a transgression
against the rights of others?.

Answer:

Praise be to Allaah.

The basic principle is that webmasters put this material

on their websites for people to listen to it and benefit from
it. Some provide the means of downloading and recording
them, so this is regarded as permission from them to copy
them.

Based on this, there is nothing wrong with downloading

these lectures and recording them and distributing them
to the youth and others, rather this is a beneficial and
righteous deed, because it is calling people to Allaah and
cooperating in goodness. The Prophet (peace and
blessings of Allaah be upon him) said: “Whoever calls
people to right guidance will have a reward like that of
those who follow him, without that detracting from their
reward in the slightest. And whoever calls people to
misguidance will have a burden of sin like that of those
who follow him, without that detracting from their burden
in the slightest.” Narrated by Muslim, 2674, from the
hadeeth of Abu Hurayrah.

It is not permissible to try to download lectures from sites

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that do not allow that, because that is transgressing against

the rights of others who have written, compiled, invented
etc (i.e., copyright); these are rights that are protected, as
it says in the statement of the Islamic Fiqh Council issued
during its fifth conference held in Kuwait, 1-6 Jumada
al-Awwal 1409 AH/ 10-15 December 1988 CE:

Firstly: trade names, company names, trademarks,

writings and inventions are all the copyright of their
owners or authors, which in modern practice have
acquired monetary value. These rights are respected by
sharee’ah and it is not permissible to transgress against
them. Copyright of authors and inventors is protected in
Islam.

....

Thirdly: the owner of these rights has the right to dispose

of them and no one should transgress against them.

See Questions no 454 and 21927.

And Allaah knows best.

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

21899: Intellectual property rights

Question:

What do the Muslim fuqaha’ say about intellectual

property rights such as trade names, trademarks, copyright
and patents?

Answer:

Firstly:

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Trade names, trademarks, copyright and patents are all

rights which belong exclusively to their owners. In modern
times they have come to have a considerable financial
value. These rights are recognized according to sharee’ah,
and they should not be violated.

Secondly:

It is permissible to buy or sell a trade name or a trademark,

and to transfer any of them in return for monetary
compensation, so long as there is no cheating or deception.

Thirdly:

Copyright and patents are protected by sharee’ah. Their

owners have the right to buy or sell them and nobody has
the right to violate these rights. And Allaah knows best.

Qaraar Majlis al-Fiqh al-Islami al-Khaamis, 1409 AH

(www.islam-qa.com)

454: Copying computer programs

Question:

I want to know if copying software on my hard drive that

I have not bought is wrong.

Answer:

Praise be to Allaah

The Permanent Committee for Iftaa’ (Islamic Rulings),

chaired by Sheikh Abdul-Aziz bin Baz, has replied to this
question by ruling that it is not permissible to copy
software without permission from the original author or

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the copyright holder based on the following three haadeeth

of the Prophet (peace be upon him):

(1) “Muslims are to honor their agreements (with

others)”;

(2) “A Muslim’s wealth is forbidden for others to use

without his permission;” and,

(3) “Whoever is the first to acquire a mubaah (something

lawful to acquire) is entitled to keep it”. This applies to
both Muslims and non-believers (who are not engaged in
an act of war with Muslims) because the right of a non-
believer is respected in the same manner as a Muslim’s
right. Allah knows best. (Committee Fatwa no: 18453)

Also, Sheikh Muhammad bin Salih Al-’Uthaimeen has

ruled that whatever is customary among people should
be the rule except when a user wants a copy for himself
and the author or the copyright holder did not explicitly
prohibit copying the software for private or public use.
However, if the author or the copyright holder specifically
stated that private and public copying of the software is
prohibited, then it is not permissible to copy that software.

Committee Fatwa no: 18453

Sheikh Muhammad bin Salih Al-’Uthaimeen

(www.islam-qa.com)

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Chapter 3

Transactions

Business and Finance: Taxes

42563: Fatwa of the Standing Committee on customs

Question:

I read in the book al-Zawaajir ‘an Iqtiraaf al-Kabaa’ir

(Deterrent to committing major sins) by Ibn Hajar al-
Haythami, which speaks of the ruling on mukoos (taxes,
levies) and the Prophet’s prohibition thereon, that those
who impose such taxes will be the most severely punished
on the Day of Resurrection. The economies of many states
are based on customs taxes levied on imports and exports,
so traders add these taxes to the retail prices of their goods.
With the money raised in this manner the state undertakes
various projects to build the country’s infrastructure. I
hope that you can explain the ruling on these taxes and
the rulings on customs and working in customs. Is the
ruling the same as that on mukoos or not?.

Answer:

Praise be to Allaah.

Charging customs taxes on imports and exports is

regarded as a kind of mukoos and the maks (sing. of
mukoos) is haraam and working in this area is haraam,
even if the authorities spend it on various projects to build
the country’s infrastructure, because the Prophet (peace
and blessings of Allaah be upon him) forbade taking the
maks and spoke sternly concerning it. It was narrated from

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‘Abd-Allaah ibn Buraydah, from his father, in the hadeeth

about the stoning of the Ghaamidi woman who gave birth
as the result of zina, that the Prophet (peace and blessings
of Allaah be upon him) said: “By the One in Whose hand
is my soul, she has repented in such a way that if the one
who collects the maks were to repent like that, he would
be forgiven.” This hadeeth was narrated by Ahmad,
Muslim and Abu Dawood.

Ahmad, Abu Dawood and al-Haakim narrated from

‘Uqbah ibn ‘Aamir that the Prophet (peace and blessings
of Allaah be upon him) said: “No one who collects the
maks will enter Paradise.” Classed as saheeh by al-
Haakim.

Al-Dhahabi said in his book al-Kabaa’ir:

The one who collects the maks is included in the general

meaning of the verse in which Allaah says (interpretation
of the meaning):

“The way (of blame) is only against those who oppress

men and rebel in the earth without justification; for such
there will be a painful torment”

[al-Shoora 42:42]

The one who collects the maks is one of the greatest

helpers of the oppressors, in fact he is himself an
oppressor, because he takes something to which he is not
entitled. This is supported by the hadeeths of Buraydah
and ‘Uqbah which are quoted above. Moreover the one
who collects the maks has much in common with the
bandit, who is a thief. The one who collects the maks, the
one who writes it down, the one who witnesses it and the
one who takes it such as a soldier or a flag bearer all
share the burden of sin and are all consuming haraam
wealth. End quote.

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This is also consuming people’s wealth unlawfully. Allaah

says (interpretation of the meaning):

“And eat up not one another’s property unjustly”

[al-Baqarah 2:188]

And it was proven that the Prophet (peace and blessings

of Allaah be upon him) said, in his khutbah in Mina on
the day of Eid during the Farewell Pilgrimage: “Your
blood and your wealth and your honour are sacred to you,
as sacred as this day of yours in this land of yours in this
months of yours.” So the Muslim must fear Allaah and
give up haraam earnings, and seek halaal earnings, for
there are many ways of earning a living in a halaal way,
praise be to Allaah. Whoever strives to be independent of
means, Allaah will make him so. 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 whosoever fears Allaah and keeps his duty to Him,

He will make his matter easy for him”

[al-Talaaq 65:4]

And Allaah is the Source of strength, May Allaah send

blessings and peace upon our Prophet Muhammad and
his family and companions.

From Fataawa al-Lajnah al-Daa’imah, 23/489.

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(www.islam-qa.com)

45713: He is exempted from paying duties; can he allow

others to buy goods in his name?

Question:

Some brothers and I work in the diplomatic corps in a

country that lets us off paying duties. Some citizens of
that country come to us to buy goods for them in our
name so that they can make use of that exemption and
not have to pay duties, in return for paying us a sum of
money. Is that permissible?.

Answer:

Praise be to Allaah.

This question covers two topics:

1 – Customs and duties i.e., taxes that are charged on

goods and products when moving them to one country to
another. Taking these taxes from Muslims is expressly
forbidden. This is the maks of which the Prophet (peace
and blessings of Allaah be upon him) said: “The one who
collects the maks will be in the Fire.” Narrated by Ahmad,
16553; classed as saheeh by al-Albaani in al-Silsilah al-
Saheehah, 3405. see also question no. 25758.

It is prescribed to avoid paying this forbidden tax by

whatever means possible so that it will not harm him or
cause more damage, even if he does that by means of a
trick or paying some money to avoid this injustice.

If someone were to say that this comes under the heading

of a person giving up his rights in return for money, that

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is permissible. This is what the fuqaha’ call waiving one’s

rights. The Maalikis said that it is permissible to receive
payment in return for the right to pre-emption and the
Hanafis allowed waiving rights to appointment to public
office and forfeiting the right to custody in return for
money.

See al-Mawsoo’ah al-Fiqhiyyah al-Kuwaitiyyah, 4/243,

32/83.

The answer is that this is not the same as that, because

those who are exempted from paying duties are the
members of the diplomatic corps themselves; they are
not allowed to exploit this favour to make money by
allowing other people to avoid paying duties. Using it to
allow the goods of others to pass into the country is a
kind of trickery and deceit. If this is permitted, it is only
permitted in cases of necessity, not for one to make a
profit from it.

There follow some points of advice:

1- Those who work in the diplomatic corps should help

their brothers for free, because that comes under the
heading of warding off injustice from them. They must
do this as much as they can.

2- If they do not want to offer this service for free, then it

is not permissible for them to take more than costs of
shipping the goods, accompanying them, doing the
necessary paperwork, etc.

We also remind them that they have to be kind to their

Muslim brethren and have a good intention in doing so;
their aim should not simply be to amass wealth. And
Allaah is the Source of strength.

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

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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

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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)

5218: A serious dialogue with a Christian

Question:

A university teacher’s employers have stipulated a

condition that they will give him unpaid leave if he gives
25% of the income that he earns from another employer
to an interest-based bank, so that they will take part of it
as a tax. Is it permissible for him to give an incorrect
statement of his income so that he can avoid putting a

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larger amount in the bank for the tax to be deducted from

it?

Answer:

Praise be to Allaah.

The following question was put to Shaykh Muhammad

ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who
replied as follows:

It seems that it is not permissible, because he has a contract

with them, and if he has a contract with them it is not
permissible for him to try to cheat their system.

Question: even if it involves an unfair tax?

Answer: but he agreed to that from the outset.

And Allaah knows best.

Shaykh Muhammad ibn Saalih al-‘Uthaymeen

(www.islam-qa.com)

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Chapter 4

Transactions

Business and Finance: Business Contracts

40752: Ruling on selling exorbitantly expensive telephone

numbers and “custom” licence plates

Question:

What is the ruling on buying and selling telephone

numbers and custom licence plates. If a person buys a
custom licence plate then sells it, is that money halaal?.

Answer:

Praise be to Allaah.

Every Muslim should realize that Allaah has forbidden

extravagance and wasteful spending, which both mean
going beyond the limit in spending money.

Allaah says (interpretation of the meaning):

“and eat and drink but waste not by extravagance,

certainly He (Allaah) likes not AlMusrifoon (those who
waste by extravagance)” [al-A’raaf 7:31]

“And give to the kinsman his due and to the Miskeen

(poor) and to the wayfarer. But spend not wastefully (your
wealth) in the manner of a spendthrift.

27. Verily, the spendthrifts are brothers of the Shayaateen

(devils), and the Shaytaan (DevilSatan) is ever ungrateful
to his Lord” [al-Isra’ 17:26-27]

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Every Muslim should realize that he will not be sent either

to Paradise or to Hell until Allaah has asked him about
several things, one of which is his wealth – from where
he acquired it and on what he spent it.

It was narrated that Abu Barzah al-Aslami (may Allaah

be pleased with him) said: The Prophet (peace and
blessings of Allaah be upon him) said: “A person will not
move on (on the Day of Judgement) until he has been
asked about four things: his life and in what he spent it,
his knowledge and what he did with it, his wealth, from
where he acquired it and on what he spent it, and his body
and how he wore it out.”

Narrated by al-Tirmidhi, 2317. He said: It is hasan saheeh.

It was classed as saheeh by Shaykh al-Albaani in Saheeh
al-Targheeb wa’l-Raheeb, 126.

Moreover it should be noted that buying distinct mobile

phone numbers and car licence plates for thousands of
riyals is a kind of extravagance and wasteful spending on
haraam things. Allaah will ask every one of these people
about his wealth and what he spent on such things.

Especially since we see the Muslims in most parts of the

world suffering misery and hardship in their lives. Some
of them cannot find a morsel of food with which to ward
off hunger, and others cannot find clothes with which to
cover their bodies, or a house in which to shelter
themselves, and the houses of some of them have been
destroyed with them inside.

Yet at such a time of hardship we find some Muslims

buying a licence plate with the number “1” for the
equivalent of 2.18 million dollars in an auction!

In the same auction, the licence plate bearing the number

“2” was sold for the equivalent of 1.11 million dollars.

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The organizers of the auction said that the turnover of the

auction on the first day was nearly 3.9 million dollars.

It is similar with mobile phone numbers where a number

was sold for the equivalent of 360,000 dollars.

This madness has spread in a number of countries where

it would have been better for them to help the Muslims
and keep their wealth safe from such foolishness,
extravagance and waste.

It should be noted that what makes these people buy such

things is deplorable attitudes such as arrogance, pride and
feelings of superiority. One of the most ridiculous
comments that was made on this matter was that which
was published by one of the newspapers which spoke of
a man who came to ask for the hand of a girl in marriage,
and he said to the girl’s father: “You do not need to ask
about me; look at my licence plate and you will know
who I am.”

It may also be noted that the price for a distinct number

or licence plate is many times greater than the price of a
Rolls Royce which in the Emirates costs between 1 million
and 1.5 million dirhams, and it may cost five times as
much as a high-end car like a Mercedes, or ten times as
much as a famous car such as a Lexus, which is favoured
by the rich.

How much food and drink and clothing, or even

telephones and cars, could this have bought for those who
need them? How many young men could have been kept
chaste by spending this money on getting them married?
How many debtors in prison could have been set free by
paying off their debts? How many of those who are
misguided could have been brought back to the straight
path if this money had been spent on the distribution of
books and tapes?

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All that a custom plate does is tell others that its owner is
distinguished by his naivety and concern with trivial
matters. A custom plate – unlike the car itself – is not a
product of technology which people seek out because it
offers comfort, speed or safety. A custom plate is not
something that you can enjoy looking at – like some kinds
of birds. It is just a sign of arrogance, pride and wasteful
spending.

If a special phone number is used by a store or business,

or by an important department that people need to contact,
then there would be a point in buying it, so long as the
price does not reach the exorbitant levels described above.

But buying a special phone number is, to a large extent,

akin to wearing a garment of fame or vanity, which is
forbidden.

“Whoever puts on a garment of fame or vanity, Allaah

will clothe him with a garment like it (or a garment of
humiliation) on the Day of Resurrection.” Some reports
add: “Then He will set it ablaze.”

Narrated by Abu Dawood, 4029; Ibn Maajah, 3607.

Ibn al-Qayyim said:

That is because his intention in wearing it was to show

off and act proud, so Allaah will punish him with the
opposite of that and will humiliate him, just as He
punished the one who made his garment long by causing
him to be swallowed up by the earth, and he will continue
sinking into it until the Day of Resurrection.

Zaad al-Ma’aad, 1/145, 146

Shaykh al-Islam Ibn Taymiyah said:

It is makrooh to wear a garment of fame and vanity, which

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is anything that stands out from the ordinary, whether it

is by wearing the finest and most expensive garments or
by wearing the cheapest and scruffiest. The salaf disliked
both extremes. According to the hadeeth, “Whoever wears
a garment of fame and vanity, Allaah will clothe him in a
garment of humiliation.” The best of all matters is that
which is moderate.

Majmoo’ al-Fataawa, 22/138

In conclusion:

It is not permissible to buy and sell these custom numbers.

Even if it may be permissible in some cases, it is not
permissible to sell them for such high prices.

The one whom Allaah has blessed with wealth should be

grateful for this blessing and take proper care of it. He
should not spend it on things that incur the wrath of Allaah
or things which serve no purpose. He should realize that
he will be questioned about this wealth on the Day of
Resurrection and will be asked from where he acquired it
and on what he spent it.

And Allaah is the Source of strength.

Islam Q&A

(www.islam-qa.com)

40000: Selling by installments to the one who asked us to

buy something

Question:

I have been offered the opportunity to take part in a project

selling household appliances by installments. This
operates in the following manner:

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We do not have a store, so the customer comes to us and

says, “I want to buy certain appliances (for example, four
air conditioners). We buy these appliances and give the
price to a store with which we deal and from whom we
always buy things. Then we sell it to the customer who
wants to buy them, after agreeing on a price to be paid in
installments. For example, if the cash price is 1200 riyals,
we sell it by installments for 2000 riyals.

Some purchasers take them to use them, and some take

them to sell them back to the same store from which we
buy them, because the best price that can be found is in
that store. We are doing it this way now until we have
enough capital to open a store where we can sell
appliances directly for cash or by installments.

Is this way of selling valid? We hope that you can explain

that for us and for many Muslims who are selling in this
manner. May Allaah reward you with good.

Answer:

Praise be to Allaah. If the matter is as described, and you

buy the product that the customer wants in a real sense,
taking possession of it and then selling it for a price to be
paid by installments, there is nothing wrong with that,
even if the price by installment is higher than the cash
price.

It does not matter if the one who buys it from you sells it
to the first store, because there is no connection between
him and this store.

The Standing Committee was asked:

I agreed with another man that I would buy a car for him.
I told him that the showroom price is 50,000 riyals but if
I bring it to you the price will be 60,000. Is that
permissible?

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They replied:

There is nothing wrong with selling a car or any other

product, if you are selling it after buying it and taking
possession of it. It is permissible for you to sell it for a
cash price or for a deferred payment that is higher than
the cash price, whether the deferred payment is made in
installments or otherwise. That is because Allaah says
(interpretation of the meaning):

“Allaah has permitted trading”

[al-Baqarah 2:275]

“O you who believe! When you contract a debt for a fixed

period, write it down”

[al-Baqarah 2:282]

This includes the price of goods sold for a deferred

payment.

Selling a product to a person who has asked for it before

you have bought it and taken possession of it is not
permissible, because it is proven that Zayd ibn Thaabit
(may Allaah be pleased with him) said: The Messenger
of Allaah (peace and blessings of Allaah be upon him)
forbade selling goods in the place where they had been
bought, until the traders had taken them to their own
locations.

Narrated by Abu Dawood, 3499. Shaykh al-Albaani said:

It is hasan because of corroborating evidence.

And the Prophet (peace and blessings of Allaah be upon

him) said: “Whoever buys foodstuff should not sell it until
he takes possession of it.” Narrated by Muslim, 1596.

And the Prophet (peace and blessings of Allaah be upon

him) said: “Do not sell what you do not have with you.”

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Narrated by Ahmad and Abu Dawood, 3503; classed as

saheeh by Shaykh al-Albaani in Saheeh al-Jaami’, 7206.

Ibn ‘Umar (may Allaah be pleased with him) said: We

used to buy food willy-nilly, then the Messenger of Allaah
(peace and blessings of Allaah be upon him) sent word to
us forbidding us to sell it until we had moved it to our
own locations. Narrated by al-Bukhaari and Muslim,
1527.

As for the ‘aynah transaction that is forbidden, this refers

to buying a product for a deferred payment, then selling
it back to the person who sold it to you for a lower price.
This is not what is being done in this case. See question
no. 36408.

And Allaah knows best.

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

36410: He bought a car by installments from the bank, then

he sold it so that he could use the money to get married

Question:

I am a young man and I would to complete half of my

religion by getting married. I proposed to a girl but there
are a lot of expenses involved in getting married, namely
the mahr etc. I cannot afford all that, so one of the brothers
told me that the banks have a system called muraabahah
(purchase scheme). So I went there and the bank official
told me that I should go to one of the car showrooms (he
did not specify which one) and choose a car, and the bank
will buy it and sell it to me, in return for taking a profit of
40,741 riyals on an original price of 95,000 riyals, over a
period of 6.5 years. I do not have any other option because
my father is deeply in debt. I tried to borrow the money

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from anyone who would give it without demanding

interest, but I could not find anyone except one of the
banks. Any other method of raising the money without
any kind of buying or selling (i.e., money for money), is
regarded as blatant riba (usury). I want to get married,
and I fear temptation for myself. Please advise us, may
Allaah reward you.

Answer:

Praise be to Allaah.

This transaction that you want to engage in includes two

things:

1 – Buying a car through the bank. This is not permissible

unless two conditions are met:

(i) That the car should be owned by the bank. So the bank
should buy the car for itself from the showroom, before
selling it to you.

(ii) That the bank should take possession of the car by

moving it physically from the showroom before selling it
to you.

If both or either of these two conditions are not met, then

the transaction is haraam. See question no. 36408.

2 – Selling this car which has only been bought for this
purpose, namely obtaining money. This is what is called
tawarruq or buying and selling in order to obtain wariq,
i.e., silver.

This is permissible according to the majority of scholars,

subject to the condition that the car be sold to someone
other than the person from whom you bought it.

It says in Fataawa al-Lajnah al-Daa’imah (13/161):

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We hope that you can advise us about the issue of tuwarruq

and tell us what the ruling is on that.

The Committee replied:

Tuwarruq means buying a product and deferring the

payment, then selling it for payment on the spot to
someone other than the person from whom you bought it
for a deferred payment, in order to benefit from its price.
There is nothing wrong with this transaction according
to the majority of scholars.

End quote.

See also question no. 45042.

If the two conditions outlined above are met, there is no

sin on you in sha Allaah.

And we ask Allaah to help you and guide you.

And Allaah knows best.

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

36408: What conditions should be met in order for the

bank’s purchase scheme (muraabahah) to be considered
permissible

Question:

My question is: how sound is the following transaction,

what is the ruling on it, what is the ruling on someone
who has already gotten involved in it and what should he
do?

The details of this muraabahah purchase program (as it is

called by the bank) are as follows:

1 – The buyer goes and gets a price list for the bank from

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the main supplier of the product (a car showroom or

agency, for example), including a description of the car,
its colour, features and price (100,000 riyals, for example).

2 – The buyer obtains a letter stating his salary, and fills

out the required forms to have part of his salary deposited
in the bank for the period agreed upon with the bank (for
example, three years), to pay off the total cost which
includes the basic price plus the bank’s profit (for
example, 7%).

3 – The contract is drawn up, including the processing

fees (1000 riyals for example) and is signed by the bank,
the buyer and the witnesses.

4 – The bank issues a draft cheque payable to the

showroom or agency (the supplier) for the value of the
car as quoted in the price list referred to in #1 above.

5 – The buyer takes the cheque and gives it to the supplier,

who then does all the paperwork needed to register the
car in the name of the buyer and gives it to him.

Answer:

Praise be to Allaah.

This transaction is haraam and is not permitted. Basically

this transaction is a loan with interest, which is the essence
of riba (usury), because the bank gives the buyer a cheque
for 100,000 and takes payment for it in installments,
adding interest and what they call processing fees.

Calling this a purchase does not make it permissible,

because this deal is essentially a riba-based loan and not
a sale or purchase. Also, the bank is not buying the car
from the showroom or selling it to the buyer, rather it is
giving him a cheque for that amount.

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Buying products (whether cars or anything else) through

the bank is not permissible unless two conditions are met:

1 – The seller should take possession of this product before

selling it. So the bank should buy the car, for example,
from the showroom for itself.

2 – The bank should take the car into its own possession
by moving it (physically) from the showroom before
selling it to the customer.

If both or either of two conditions are not met, then the

transaction is haraam, and the reason for that is that when
the bank did not buy the car for itself in a real sense,
rather it only issued a cheque on behalf of its customer,
that was a riba-based loan, because essentially the bank
loaned the price of the car (say, 100,000 riyals) to the
customer on the basis that it would take back 170,000
riyals.

If the bank buys the car then sells it before taking

possession of it, that goes against the words of the Prophet
(peace and blessings of Allaah be upon him) to Hakeem
ibn Hizaam: “When you buy something, do not sell it
until you have taken possession of it.”

Narrated by Ahmed, 15399; al-Nasaa’i, 4613; classed as

saheeh by al-Albaani in Saheeh al-Jaami’, no. 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 goods when they
have been bought, until the merchants had added them to
their own goods. 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 has

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acquired it.” Al-Bukhaari, 2132; Muslim, 1525. Muslim

added: Ibn ‘Abbaas said: I think that this applies to
everything else – i.e., there is no difference between food
and other things in this regard. Based on this, the bank
does not have the right to sell the car until it has taken
possession of it. Goods are taken possession of according
to custom, and taking possession of a car means that it is
moved physically from where it was. Shaykh Ibn
‘Uthaymeen (may Allaah have mercy on him) said:

“Whatever is moveable, such as garments, animals and

cars etc, possession is taken of it by moving it, because
this is the custom.

From Sharh al-Mumti’, 8/381.

It says in Fataawa al-Lajnah al-Daa’imah (13/153): If a

person asks someone to buy a specific car for him or a
car that has certain features that he describes, and promises
to buy it from him, and he buys it and takes possession of
it, it is permissible for the one who asked for it to buy it
from him after that, with cash or in installments for a
known profit. This does not come under the heading of a
man selling something that he does not own, because the
one who was asked for the product only sold it to the one
who asked for it after he had bought it and taken
possession of it. He does not have the right to sell it to his
friend, for example, before buying it, or after buying it
but before taking possession of it, because the Prophet
(peace and blessings of Allaah be upon him) forbade
selling a product where it was bought, until the merchants
had added them to their own goods. End quote.

With regard to the one who engaged in such a transaction

in the past, if he did not know at the time that it is haraam,
and he did that thinking that it was permissible, then he
does not have to do anything, because Allaah says
(interpretation of the meaning):

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“So whosoever receives an admonition from his Lord and

stops eating Ribaa, shall not be punished for the past”
[al-Baqarah 2:275] See also Question no. 2492.

But whoever did that knowing that it is haraam has

committed the major sin of riba and exposed himself to a
declaration of war from Allaah and His Messenger. Allaah
says (interpretation of the meaning):

“O you who believe! Be afraid of Allaah and give up

what remains (due to you) from Ribaa (from now onward)
if you are (really) believers.

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 2:278-279]

So he has to repent from this major sin, and resolve not

to do that again.

With regard to making use of the car that was bought in

this manner, there is nothing wrong with doing so, in sha
Allaah, after repenting and regretting. See question no.
22905.

And Allaah knows best.

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

1848: Ruling on transactions made via modern means of

communication

Question:

What is the ruling on purchase and rental transactions

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etc. made via modern inventions such as the telephone,

fax, telex and the Internet etc. If the transaction usually
takes place in an office or store, what is the ruling on
cases where these modern means are used?

Answer:

Praise be to Allaah.

According to sharee’ah, a transaction is made when there

is an offer [of goods or services] and this is accepted,
within the framework of shar’i conditions and in the
absence of anything that might invalidate the transaction.
An example of this in the case of a sale might be when
the vendor says “I sell this to you” and the purchaser says
“I agree.” There have been major developments in the
field of communications which are now widely used to
speed up financial dealings and transactions, which we
must bear in mind whilst also taking into account what
the fuqahaa’ have said about carrying out transactions via
letter, in writing, by means of gestures or through
intermediaries. They also established that transactions
should be carried out between two parties who are present
in the same place – with the exception of wills, the
appointment of executors and the giving of power of
attorney; the offer and agreement should both refer to the
same thing and price, there should be no expression or
indication that either party is turning away from the deal,
and the agreement to an offer should not be delayed
beyond whatever timespan is customarily regarded as
acceptable.

In the light of the above, the fuqahaa’ have established

the following:

If the transaction is carried out between two parties who

are not present in the same place where one can actually

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see the other or hear his voice, and the only means of
communication between them is by writing, mail, sending
a messenger, this applies also to telegraphs, telexes, faxes
and computer screens, in these cases the transaction is
complete when the offer reaches the prospective purchaser
and he agrees to it.

If the transaction is drawn up at the same time, between

two parties who are in different locations – which applies
to telephones and wireless communications – the contract
between them is considered to be a contract drawn up
between two parties who are present in the same place,
and in this case the basic rulings as stated by the fuqahaa’
and referred to in al-Deebaajah apply.

If the vendor makes a limited-time offer through these

means of communication, he is bound by it for the duration
and he cannot go back on it.

The rules outlined above do not include nikaah (marriage

contracts) because of the requirement of two witnesses
in nikaah, or barter because there has to be an actual
exchange of goods or services, or forward buying, because
this requires a cash down-payment.

In cases where there is the possibility of forgery, fraud or

error, reference should be made to the general rules
concerning the establishment of proof.l

And Allaah knows best.

Majma’ al-Fiqh al-Islami, p.111 (www.islam-qa.com)

6892: Paying for medical examinations in advance

Question:

The head of a hospital is saying to the hospital’s clients:

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pay five hundred riyals for twenty medical exams in one

year, whether for cases of sickness or for regular check-
ups throughout the year. If a person uses all twenty exams,
he has got what he paid for, but if he does not use them
because he did not come for check-ups or did not get
sick, he will not get any of his money back.

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:

Have they agreed on a specific number?

Yes.

Then it is OK.

Question:

Even if he does not come for all twenty appointments,

whether because he doesn’t get sick or he is lazy and
doesn’t come for check-ups, so the five hundred riyals
are gone?

Answer:

That means he has forfeited his right.

Question:

Yes, so if he gives up his right, for example, that’s OK?

Answer:

It is OK so long as what he has given up is a known

amount. And Allâh knows best.

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Muhammad ibn Saalih al-‘Uthaymeen (www.islam-

qa.com)

10274: Buying shares in a bank that does not deal in ribaa

Question:

The Islamic bank has shares for sale. The values of one
share is US0. Our understanding is that this bank does
not deal in ribaa and that the values of the shares will be
used in business ventures that are free of any dealings in
ribaa, and the profits will be divided among the
shareholders. Because we are worried about falling into
anything that is prohibited, we hope that you will tell us
whether this is allowed or not.

Answer:

Praise be to Allaah. It is permissible to buy shares in banks

which do not deal in ribaa, and the profits earned through
having shares in the bank and which are the result of
dealings that did not involve anything haraam are halaal.

And Allaah is the source of strength. May Allaah bless

our Prophet Muhammad and his family and companions,
and grant them peace.

Standing Committee on Academic Research and Issuing

Fatwas. Fataawaa al-Lajnah al-Daa’imah, 13/507
(www.islam-qa.com)

2146: ‘Aqd al-Istisnaa’ (contract to have something made

or done)

Question:

What is ‘Aqd al-istisnaa’? What are the rulings and

conditions governing it?

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Answer:

Praise be to Allaah.

‘Aqd al-istisnaa’ – which is a contract that applies both

to the labour and the product itself – is binding on both
parties when it is drawn up in accordance with certain
conditions.

The following conditions apply to ‘Aqd al-istisnaa’:

Clear statement of the type, amount and required features

of the work to be done or product to be made.

Specification of the time frame involved.

In ‘Aqd al-istisnaa’ it is permissible to delay paying the

full price, or it may be paid in installments at specific
times over a limited period.

It is permissible for ‘Aqd al-Istisnaa’ to include a penalty

clause stating what the two parties have agreed on, so
long as there are no circumstances beyond their control.
And Allâh knows best. Majma’ al-Fiqh al-Islami, p. 144
(www.islam-qa.com)

1839: Paying “key-money” (money for vacating a property)

Question:

In many cities, markets and streets where there are

important locations, some tenants willingly give up their
tenancies to others in return for a certain amount of money.
What is the ruling on this?

Answer:

Praise be to Allaah. Firstly, there are four types of

transaction that may come under this heading, as follows:

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Where there is an agreement to this effect from the outset

between the landlord of the property and the tenant.

Where the tenant and landlord come to an agreement

during the period of the tenancy or after it has ended.

Where there is an agreement between the tenant and a

new tenant, during the period of the tenancy or after it
has ended.

Where there is an agreement between the new tenant and

both the landlord and the first tenant, before the first
tenancy expires or afterwards.

Secondly, if the landlord and tenant agree that the tenant

will pay a certain amount of money in addition to the
regular rent – which in some countries is called a deposit
– there is nothing Islamically wrong with paying this
amount, provided that it is counted as part of the rent for
the agreed period; when the contract comes to an end,
this amount is subject to the rulings on rents.

When the rental period comes to an end, and is not

renewed explicitly or implicitly – in cases where automatic
renewal is provided for in a clause of the lease – it is not
permitted to pay this money, because the landlord has
more right to the property once the tenant no longer has
any right to it.

Fourthly, if an agreement is reached between the first

tenant and the new tenant during the period of the tenancy
agreement that the former will give up the remainder of
his lease in return for a sum of money over and above the
regular rent, this transaction is permissible, provided that
attention is paid to the terms of the contract drawn up
between the landlord and the first tenant, because many
rental agreements expressly state that tenants are not
allowed to sublet properties to other parties or to accept

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“key-money” except with the agreement of the landlord.

If this is the case, it must be adhered to.

If the agreement between the first tenant and the new

tenant is reached after the expiry of the lease, it is haraam
to pay key-money, because the first tenant no longer has
any rights with regard to the property. And Allaah knows
best.

Qaraaraat Majma’ al-Fiqh al-Islaami, p. 72. (www.islam-

qa.com)

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Chapter 5

Transactions

Business and Finance: Credit Cards

13725: Using credit cards is haraam even if you pay up

within the time limit

Question:

I heard that using credit cards is haraam, but if I am sure

that I am going to pay the bank within the time limit, so
the bank will not charge any interest, is this also regarded
as haraam?.

Answer:

Praise be to Allaah.

What you have heard about credit cards being haraam is

correct. That has already been discussed in question no.
(13735)

Using them is haraam even if the user is certain that he

will pay the bank within the time limit.

It has already been explained in the answer to the question

mentioned that they are haraam because the bank lends
money to the user in return for interest, and this interest
is the price of the annual subscription to the credit card,
as well as other interest charges which are to be paid to
the bank if the user is late in paying.

The cost of the card is a kind of riba which the user pays

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to the bank, and this riba is paid by the user whether he

pays on time or not.

Also, the user enters into a contract with the bank which
means that he is obliged to pay interest if he delays
payment. This is also haraam, because it is not permissible
for a Muslim to commit himself to doing something that
Allaah has forbidden.

The user may think that he can pay up on time, but then
something happens to him that prevents him from doing
so, so he pays riba to the bank.

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him)

said concerning this kind of contract:

A contract of this type is not permissible, because it

involves riba which is the price of the card, and it also
means committing to pay interest if payment is delayed.

In another fatwa he said:

This transaction is haraam, because the one who enters

into it commits himself to paying riba if he does not pay
on time. This is an invalid commitment, even if he believes
or thinks it most likely that he will pay it before the time
is up, because circumstances may change and he may not
be able to pay it off. This is a matter that is in the future,
and no one knows what will happen to him in the future.
So dealings of this type are haraam. And Allaah knows
best. Islam Q&A (www.islam-qa.com)

13735: Credit cards

Question:

Nowadays many people use “Credit” cards (credit cards)

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which are issued by some of the banks. The gold cards

cost 548 riyals and the silver cards cost 245 riyals. This
amount is paid to the bank annually by the person who
uses the Credit card, like an annual subscription.
The way these cards are used is that the card allows the
bearer to withdraw as much money as he wants from the
bank’s branches as a loan, and he has to repay the same
amount of money within a period not exceeding fifty-
four days. If he does not pay it back within the period
stated, the bank will charge interest of 1.95 riyals for each
hundred riyals of money withdrawn. The bank also
charges 3.50 riyals for every hundred riyals of cash
withdrawn by the carrier of the card, or a minimum of 45
riyals for every cash withdrawal.

The carrier of this card is also entitled to buy products in

stores that the bank deals with, without paying any cash,
and it becomes a loan from the bank. If he delays paying
off the cost of what he has bought for more than fifty-
four days, they will charge 1.95 riyals for every hundred
of the price of the products purchased from the stores
that the bank deals with.

What is the ruling on using these cards and subscribing

annually to the bank in order to use these cards?.

Answer:

Praise be to Allaah.

This question was put to the Standing Committee, who

replied:

If the credit card is as described, then it is a new kind of

riba-based transaction and of consuming people’s wealth
unlawfully, making them fall into sin and contaminating
their earnings and dealings. It comes under the same

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rulings as the riba of the Jaahiliyyah which is forbidden

in sharee’ah. (Either you pay it off at the appointed time
or you increase the amount). Hence it is not permissible
to issue such cards or to use them. And Allaah is the Source
of strength. May Allaah send blessings and peace upon
our Prophet Muhammad and his family and companions.

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him)

was asked about this and he said:

The answer is that a contract of this type is not permissible,

because it involves riba which is the price of the card,
and it also means committing to pay interest if payment
is delayed.

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

6847: Using a credit card to get married

Question:

I have to go backhome next month after 5year and have

to get married but i dont have mony and i have no one
who can give me a loan can i take money from my credit
card i have no other way pleas give me some ans.

Answer:

Praise be to Allaah.

Riba (usury, interest) is one of the things that are

definitively forbidden in Islamic sharee’ah.

1 – Allaah says (interpretation of the meaning):

“Allaah has permitted trading and forbidden Ribaa. So

whosoever receives an admonition from his Lord and

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stops eating Ribaa, shall not be punished for the past;

his case is for Allaah (to judge); but whoever returns (to
Ribaa), such are the dwellers of the Fire — they will abide
therein”

[al-Baqarah 2:275]

2 – And 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”

[al-Baqarah 2:278]

3 – It was narrated that ‘Awn ibn Abi Juhayfah said: “I

saw my father buying a slave whose profession was
cupping, and he ordered that his tools be broken. I asked
him about that and he said that the Messenger of Allaah
(peace and blessings of Allaah be upon him) forbade the
price of blood, the price of a dog and the earnings of a
prostitute; he cursed the woman who does tattooing and
the one who asks for it to be done, and the one who
consumes riba and the one who pays it, and he cursed the
one who makes images.”

(Narrated by al-Bukhaari, 2123).

It was narrated that ‘Abd-Allaah ibn Mas’ood (may Allaah

be pleased with him) said: The Messenger of Allaah (peace
and blessings of Allaah be upon him) cursed those who
consume riba and those who pay it.

(Narrated by Muslim, 1597).

4 – It was narrated from Abu Hurayrah (may Allaah be

pleased with him) that the Prophet (peace and blessings
of Allaah be upon him) said: “”Avoid the seven things
that doom a person to Hell.” They said, “O Messenger of

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Allaah, what are they?” He said, “Associating others with

Allaah (shirk); witchcraft (sihr); killing a soul whom
Allaah has forbidden to kill, except for a lawful reason;
consuming riba; consuming the property of orphans;
fleeing from the battlefield; and slandering chaste and
innocent believing women.” (Narrated by al-Bukhaari,
2615; Muslim, 89).

5 – It was narrated that Samurah ibn Jundub said: The

Prophet (peace and blessings of Allaah be upon him) said:
“Tonight I saw (in a dream) two men who came to me
and took me out to a holy land. We went on until we
came to a river of blood, in which a man was standing,
and on the riverbank there was a man with stones in front
of him. The man who was in the river came forward, and
when he wanted to climb out, the other man threw a stone
in his mouth and sent him back to where he came from.
He did that every time the man wanted to come out,
throwing a stone into his mouth to make him go back. I
said, ‘What is this?’ They said, ‘The one who you saw in
the river is the one who consumed riba.” (Narrated by al-
Bukhaari, 1979)

There is unanimous agreement (among the scholars) that

riba is haraam, and credit cards come under the heading
of riba. See questions no. 11179 and 5540.

Hence we do not think that we can offer the questioner

any better advice than the advice of the Prophet (peace
and blessings of Allaah be upon him), which is to fast so
that he can calm himself down and to get used to worship,
and to make it difficult for the Shaytaan to find any way
to influence him.

It was narrated that Ibn Mas’ood (may Allaah be pleased

with him) said: The Prophet (peace and blessings of Allaah
be upon him) said to us: “O young men, whoever among
you can afford to get married, let him do so, and whoever

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cannot do that, then let him fast, for it will be a shield for
him.”

(Narrated by al-Bukhaari, 4778; Muslim, 1400)

A shield means that it will protect him from falling into

sin.

See also questions no. 590, 665, 3402

And Allaah knows best.

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

3402: Having an interest-based credit card in cases of

necessity

Question:

In my area one of the requirements for renting a car is to

have a credit card. You don’t have to charge anything on
the card, you just must present it for safety precautions.
When the car is returned you can pay cash and nothing is
ever charge to the card. So, I would like to know, is it
halal to get a credit card for this purpose.

Answer:

Praise be to Allaah.

The basic principle is that interest-based transactions are

haraam and it is not permissible to engage in them. This
includes the conditions mentioned in the contracts for
credit cards. In some countries they rely a great deal on
these credit cards, and you can hardly find anyone who
does not use them. We put the following question to
Shaykh Muhammad ibn Saalih al-‘Uthaymeen:

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Credit cards include conditions based on riba (interest/

usury) – if you delay payments, they charge an extra
penalty. But in the place where I live in America, I cannot
rent a car or a shop or use many other services unless I
have a credit card. If I do not use a credit card, I will
suffer unbearable hardship. If I commit myself to make
the payments within a certain time limit, so that I do not
have to pay the interest charges, will this allow me to
have a credit card and thus relieve some of the hardship I
am facing?

The shaykh, may Allaah preserve him, answered as

follows:

If the hardship he is facing is certain, and the likelihood

that he will delay payments is remote, then I hope there is
nothing wrong with him having the credit card.

Question:

Do the conditions relating to interest make a transaction

invalid or not?

Answer:

If a contract contains an invalid condition, this does not

invalidate the entire contract, for a number of reasons:

(1) necessity, (2) because it does not really affect anything.

The man thinks that he is going to make the payments

before interest is due. Because this is more likely than
the condition of having to pay interest, and because it is
necessary – which is the main point – I hope that there is
nothing wrong with it. We have a definite matter –
necessity – and a matter which is not necessarily going to
happen – which is delay in payment – and the matter that
is definite takes precedence over something which may
not even happen. And Allaah knows best.

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Shaykh Muhammad ibn Saalih al-‘Uthaymeen

(www.islam-qa.com)

11179: Using credit cards to withdraw money

Question:

Banks give their clients a card called “Visa” which enables

the customer to withdraw money from the bank even if
there is no money in his account at that time, on the basis
that after a specific amount of time has passed, he will
repay the bank, and if he does not pay within this set time,
the bank will charge interest, more than the amount
withdrawn. The customer also pays an annual fee for using
this card. Please tell us the ruling on using these cards,
may Allaah reward you with good.

Answer:

Praise be to Allaah.

This transaction is haraam, because it involves a

commitment to pay ribaa (interest) if one does not pay
within a certain time. This is an invalid commitment even
if a person believes or thinks it most likely that he will
pay before the time is up, because things may change and
he may not be able to fulfil the commitment. This is a
matter which has to do with the future and man does not
know what will happen to him in the future. So this kind
of transaction is haraam.

And Allaah knows best.

Shaykh Muhammad ibn Saalih al-‘Uthaymeen, Al-

Da’wah magazine, issue # 1754, p. 37 (www.islam-
qa.com)

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10826: Buying with debit cards

Question:

I hope that you will beable to advise us about using Saudi

Net cards [debit cards] when buying things that we need
from the stores. These cards are used in the following
manner: when the amount of the purchase has been added
up, for example 150 riyaals, the card is given to the vendor
and he passes (“swipes”) it through a machine that he has
in his store. The value of the purchase is then taken
instantly, by transferring the amount from the purchaser’s
account to the vendor’s account in the same instant, i.e.,
before the buyer leaves the shop.

Answer:

Praise be to Allaah. If the matter is as you describe, there

is no reason why these cards should not be used, if the
purchaser has sufficient funds in his account to cover the
required amount.

And Allaah is the source of strength. May Allaah bless

our Prophet Muhammad and his family and companions,
and grant them peace.

Standing Committee for Academic Research and Issuing

Fatwaas. Fataawaa al-Lajnah al-Daa’imah, 13/527

(www.islam-qa.com)

5540: Paying tuition fees with a riba-based credit card

Question:

I am very much worried about my education. I am doing

MASSAHALLAH very good results but my problem is....I

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do not have enough money to pay my tution. I am not a

USA citizen and thus do not get much benefits. They let
me study 2 semisters in a condition that I have to give the
tution fee back after working throughout this summer.
Now the fee office in the university gave me a deadline
to pay the tution fee of about 00. If I am unable to pay
that amount then my education will stop here. I am trying
my best to get a job this summer but have not got yet. My
question is, if I am unable to earn 00 within 3 months ....
can I use my credit card to pay the tution fee back. I know
I cannot pay the money to the bank and will have to give
interest. Moreover, I am engaged with a girl who’s parents
have agreed to get us married. If my education stop, her
parents will never let me marry her. All together I am
very depressed about it. Please advise me what I should
do in this circumstance.

Answer:

Praise be to Allaah.

It is not permissible for a Muslim to pay riba (interest),

no matter what the circumstances. The one who consumes
riba and the one who pays it are both in grave danger, as
it says in the hadeeth 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 records it and the
two who witness it, and he said, “They are all the same.”

Would you like to be among those who deserved to have

the Prophet (peace and blessings of Allaah be upon him)
pray that they will be expelled from the mercy of Allaah?
For this would be an immense and incomparable loss.

Another point is that you should note that whoever gives

up something for the sake of Allaah, Allaah will
compensate him with something better than that. Whoever

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fears Allaah, Allaah will soon grant him independence

by His grace, and will give him a way out from his
difficulties, and will make things easier for him. Allaah
chooses for His slave something which is better that that
which the slave would choose for himself. Fear Allaah,
put your trust in Him and do not expose yourself to His
wrath. Allaah says (interpretation of the meaning):

“… and it may be that you dislike a thing which is good

for you and that you like a thing which is bad for you.
Allaah knows but you do not know” [al-Baqarah 2:216]

May Allaah help you to do that which He loves and is

pleased with, and may He make things easier for you.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

665: Forced by her husband to help him get a “Visa”

(credit) card

Question:

Assalamu Alaikum , my question is I have had a credit

card which I applied for when I needed to rent a car. I had
been very careful not to exceed on this card what I could
pay for every month so that I would not have to pay any
interest. During one time of some difficulty I could not
pay the entire bill and it incured the interest. After several
months I was able to pay it off with the help of my husband
who had also used it from time to time. After the bill was
paid I told him that I wanted to get rid of the card so that
we would not risk falling into this condition again.
However my husband wanted me to apply for a card in
his name since I was planning to gat rid of mine. He had
previously had 2 credit cards of his own which he was

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unable to pay off. He became very angry and insulting,

so to keep the peace I got it for him. He also said that he
would be responsible for it if he couldn’t pay it. I have
not used the card at all and for the past 6 months he has
not been able to pay the entire balance so for all that time
it is gathering interest. my question is who is accountable
before Allah for this card? Me because I gat it for him Or
Him because he asked for it .

If I am responsible for it. What should I do about paying

it off since he dosen’t want me to work now and he is
unable to make even the minimum payments?

Answer:

Praise be to Allaah.

You should repent to Allaah, may He be glorified, for

helping your husband to do something sinful and wrong
by getting this interest-based credit card. Allaah says
(interpretation of the meaning): “… Help you one another
in al-birr and al-taqwa (virtue, righteousness and piety);
but do not help one another in sin and transgression…”
[al-Maa’idah 5:2]. You should not have helped him to
get this card or responded to his demand for your help,
even though he insisted, because the Prophet (peace and
blessings of Allaah be upon him) said: “There is no
obedience to any created being if it involves disobedience
to Allaah, may He be glorified.” (Reported by Imaam
Ahmad in Musnad ‘Ali; Saheeh al-Jaami’, 7520). And
Allaah knows best.

Islam Q&A

Sheikh Muhammed Salih Al-Munajjid (www.islam-

qa.com)

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Chapter 6

Transactions

Business and Finance: Investment

39903: Is income from an internet café halaal or haraam?

Question:

I am wondering whether income from an internet café is

halaal or haraam, noting that this café is the only source
of income for a Muslim family.

Answer:

Praise be to Allaah.

The internet may be used for both halaal and haraam

purposes, for both good and evil. If you can control the
place and prevent people from using the internet in haraam
ways, then the income that comes from this café is halaal.

But if the owner of the café is careless about denouncing

evil actions of his customers and he does not prevent them
from doing haraam things, then he is a sinner, because he
does not denounce evil and he cooperates with them in
sin. In that case his income is evil and is haraam.

See also question no. 34672

And Allaah knows best.

Islam Q&A

(www.islam-qa.com)

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39505: Interest based loans

Question:

The state has allocated special funds for business start-

up for unemployed youth who have graduated from
university. This fund is divided into two sections:
1 – 30% of the costs of start-up are paid by this fund.
This money is to be paid back over 5 years, without
interest.

2 – 70% of the costs are paid by the national bank. This

money is to be paid back over 5 years with interest at a
rate of 4%.

What is the Islamic ruling on this scheme?.

Answer:

Praise be to Allaah.

There is no problem with the first kind of funding, because

it is a kind of goodly loan (al-qard al-hasan).

But the second kind is a riba-based loan which is haraam,

no matter what the rate of interest. Imam Ibn Qudaamah
(may Allaah have mercy on him) said: “Every loan in
which it is stipulated that something extra must be paid
back is haraam, with no difference of scholarly opinion.
Ibn al-Mundhir said: [the scholars] are unanimously
agreed that if the lender stipulates that the borrower must
pay extra or give him a gift, and he lends him money on
that basis, then accepting the extra payment is riba. It was
narrated from Ubayy ibn Ka’b, Ibn ‘Abbaas and Ibn
Mas’ood that they forbade every loan that brings benefits,
because loans should be given as an act of kindness and
an act of worship aimed at bringing one closer to Allaah.

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So if there is a stipulation of extra payment, this diverts

the loan from its purpose.”

Al-Mughni, 6/436.

If you can apply for the first kind of funding, there is no

sin on you, because it is permissible, as we have
mentioned.

But if that is subject to the condition that you also apply

for the second kind, then it is haraam to do that.

And Allaah knows best.

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

22933: Ruling on shares in a car insurance company

Question:

What is the ruling on shares in a car insurance company?

Are the profits that I make halaal or haraam?.

Answer:

Praise be to Allaah.

All forms of commercial insurance that are dealt with

nowadays are haraam because they involve riba (usury)
and ambiguity.

See questions no. 8889 and 10805.

Shaykh Ibn Jibreen was asked about the ruling on car

insurance; he replied:

In my opinion insurance is a kind of ambiguity, because

the company may take money from some of its clients

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each year and those clients do not make any claims for
repairs etc. And they may take a little from some other
clients and lose a great deal. There are some people who
deal with cars who have little faith and do not fear Allaah,
and when their cars are insured they do not care what
happens, so they expose themselves to danger and drive
recklessly, so they may cause accidents and kill believing
souls and destroy wealth that is protected in sharee’ah,
and they do not care about that because they know that
the insurance company will bear the resulting costs. I say
that this insurance is not permissible because of these
reasons and others, whether that is car insurance, life
insurance, property insurance etc.

Fataawa Islamiyyah, 3/5

If this is the ruling on insurance, then buying shares in

these companies is haraam.

Hence the scholars of the Standing Committee said:

It is not permissible to buy shares in commercial insurance

companies, because insurance policies include ambiguity
and riba, which are forbidden in Islamic sharee’ah.

Fataawa Islamiyyah. 2/43

Based on this, the profits earned through shares in

insurance companies are also haraam. The Muslim who
has indulged in any of these things and taken any of these
profits should get rid of them and spend them in charitable
ways.

The Muslim has to seek to earn a halaal income, because

every body that is nourished on haraam things, the Fire is
more suited for it.

We ask Allaah to set the Muslims’ affairs straight. And

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

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34512: Shares in telecommunications and service

companies

Question:

What is the ruling on buying shares in telecommunications

companies, knowing that these companies provide
services for businesses that deal in haraam things such as
riba-based banks etc, and by means of which other haraam
services are also offered, such as telephone gambling, 700
numbers for listening to music and songs, etc., as well as
many permissible services as is well known?.

Answer:

Praise be to Allaah.

The Muslims should keep away from doubtful matters

and avoid getting involved in mixed earnings. Whoever
insists on buying shares in them has to get rid of the
haraam part of his earnings by studying the matter, asking
questions and trying his best to find out, and then taking
action based on what he thinks is most likely.

We ask Allaah to make us content with that which He has

permitted so that we will have no need of that which He
has forbidden, and to make us independent of means by
His bounty so that we will have no need of anything else.

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

30842: Saving system in Aramco and attitude towards the

various fatwas concerning it

Question:

We are a group of Saudi Aramco employees, and we are

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worried, like any other Muslim, about the legitimacy of

the wealth we acquire. Recently we have become very
confused, to an extent which only Allaah knows. Perhaps
you know something about the savings system in Saudi
Aramco. (The company is encouraging me to save with
them by giving me a bonus when I am laid off or when I
leave the company.

The bonus is a percentage of my contribution based on

how long I have been with the company, for example:
If my total contribution is 100,000 riyals, and I have been
with the company for 10 years, my remuneration from
the company will be 100,000 riyals.

If the length of time I have been with the company is 7

years, then my remuneration will be only 70% of 100,000,
which is 70,000 riyals).

What we knew previously was that this system is haraam

according to sharee’ah, based on the ruling of the Standing
Committee for Issuing Fatwas, but now we have heard a
fatwa from Shaykh ‘Abd-Allaah ibn Munayyi’ (may
Allaah preserve him), stating that this savings scheme is
permissible. This has made us confused, and we do not
know whether to follow the Committee or Shaykh al-
Munayyi’, because he is specialized in the field of
economics.

Answer:

Praise be to Allaah.

Firstly:

The savings scheme used in the Aramco company is a

haraam system. It is blatant riba (usury, interest) because
it is a loan that brings a benefit. If a person pays in 100,000
riyals, to take it back after a period of ten years, or seven,
or whatever, with an added payment of 100,000 riyals, or

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70,000, or even one riyal, then he has engaged in blatant

riba, which is haraam according to scholarly consensus.

Imam Ibn Qudaamah (may Allaah have mercy on him)

said: “Every loan which is given subject to the condition
than an increased amount be paid back is haraam, with
no difference of opinion (among the scholars). Ibn al-
Mundhir said: There is consensus that if the lender
stipulates that the borrower must pay extra or give him a
gift, and the money is lent on that basis, then his taking
the extra amount is riba. It was narrated that Ubayy ibn
Ka’b, Ibn ‘Abbaas and Ibn Mas’ood forbade loans that
bring benefit.

Al-Mughni, 6/436.

It does not matter that the company calls this transaction

a savings plan or investment scheme or mudaarabah (silent
partnership), because every investment that guarantees
one’s capital is a loan, even if people call it something
else. What counts is what a thing actually is, not what it
is called.

With regard to the kinds of investments or savings that

are acceptable in Islam, they are based on certain
conditions, the most important of which are as follows:

1 – The money should come from you, and the labour or

work should come from the other party; there is nothing
wrong with the other party putting in money as well as
work.

2 – The area of investment should be clearly defined, since

most of these companies invest the money by putting it
in riba-based banks, or in projects that are not permissible.

3 – Both parties should agree on the percentage of profits

allocated to each, which should not come from the capital,
so you get 50% or 10% of the profits, for example.

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4 – The person who is doing business on your behalf

should not guarantee your capital. In the event of loss –
so long as it is not caused by negligence – you will lose
your capital and he will lose his labour.

If the capital is guaranteed, then this transaction is a loan

which must be paid off with no extra amount added. If an
extra amount is stipulated, then this is riba.
We ask Allaah to keep us safe from riba and its evil and
dangers, and to make us independent by means of that
which He has permitted so that we will feel no need of
that which He has forbidden.

The point is that the Aramco savings scheme is haraam,

because it guarantees the capital and because the profit is
a set percentage of the capital. So it is a loan with interest,
as well as the fact that the investor does not know where
his money will be invested.

The Standing Committee pointed out that the claim that

what is given to the employee is a reward or bonus from
the company is false, because it is only given to those
who save with this plan. If it was really a reward or bonus
it would be given to all employees.

As the questioner mentioned, the Standing Committee

for Issuing Fatwas – under the leadership of Shaykh ‘Abd
al-‘Azeez ibn Baaz (may Allaah have mercy on him), with
whom were Shaykh ‘Abd al-Razzaaq ‘Afeefi, Shaykh
‘Abd-Allaah ibn Ghadyaan and Shaykh ‘Abd-Allaah ibn
Qa’ood, who are all leading scholars – was asked about
the savings plan in the Aramco company. They replied as
follows: “Participating in the Aramco savings plan is
haraam, because it involves two types of riba (riba al-
fadl and riba al-nasa’); it defines the rate of interest, which
may be anything between five and one hundred percent
of the money that is saved by the Saudi employee, in
addition to the rewards that are given to the employee, to

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the exclusion of other employees who do not invest, as is

stated in the savings plan.

Fataawa al-Lajnah al-Daa’imah, 13/510-515

Similarly Shaykh Muhammad ibn Saalih al-‘Uthaymeen

and other scholars also issued fatwas stating that the
Aramco savings plan is haraam.

Secondly:

If the scholars differ with regard to a shar’i ruling, the

person who is seeking the fatwa should try to find out
which is correct by examining the evidence quoted by
both parties and following that which he thinks is more
correct. This applies if the person seeking the fatwa is a
seeker of knowledge (taalib ‘ilm) who is able to determine
which is more correct.

If he is not able to determine which is more correct,

because he has no specialized knowledge of sharee’ah,
then he must follow the view of the one whom he thinks
is more knowledgeable and more trustworthy; he does
not have the right to choose whichever opinion he wants.

With regard to the issue at hand, the major scholars have

clearly stated that it is haraam, and they are more
knowledgeable and more trustworthy than those who gave
a different opinion – which is not intended to belittle the
other party – so you have to avoid this savings plan, for
the reasons stated above.

Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have

mercy on him) was asked what the Muslim’s attitude
towards scholarly differences should be, He replied: “If
the Muslim has enough knowledge to enable him to
compare the scholarly opinions and their evidence, and
to decide which is more correct, then he must do that,
because Allaah has commanded us to refer disputed

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matters to the Qur ’aan and Sunnah, as He says

(interpretation of the meaning):

‘(And) if you differ in anything amongst yourselves, refer

it to Allaah and His Messenger, if you believe in Allaah
and in the Last Day’

[al-Nisa’ 4:59]

So he should refer the disputed matter to the Qur’aan and

Sunnah, and whatever seems to him to be more correct
based on the evidence, he should follow it, because what
is necessary is to follow the evidence and the opinions of
the scholars may be used to help one understand the
evidence.

But if the Muslim does not have enough knowledge to be

able to decide which scholarly view is more correct, then
he must ask the scholars whose knowledge and religious
commitment he trusts, and follow the fatwas that they
issue to him. Allaah says (interpretation of the meaning):

“So ask the people of the Reminder if you do not know”

[al-Anbiya’ 21:43]

The scholars have stated that the madhhab of the ordinary

Muslim is the madhhab of his mufti (the scholar whom
he asks for a fatwa).

If the scholars’ opinions vary, then he must follow the

one who is most trustworthy and most knowledgeable.
This is like when a person falls sick and he looks for the
most trustworthy and knowledgeable doctor because he
is more likely than others to get it right. It is more
important to be on the safe side in matters of religion
than in worldly matters.

It is not permissible for a Muslim to select the scholarly

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opinion that is in accordance with his own whims and

desires, if that goes against the evidence, or to seek rulings
from those whom he thinks will be lenient in issuing
fatwas.

Rather he must try to be on the safe side with regard to

his religion, and ask scholars who are more
knowledgeable and who fear Allaah more.

From Ikhtilaaf al-‘Ulama’ Asbaabuhu wa Mawqifuna

minhu, p. 23. See also question no. 22652.

The Muslim must beware of seeking fatwas from those

who are known to be too lenient and to go against
trustworthy scholars who are more knowledgeable. The
Muslim should beware of following his whims and desires
and only following those fatwas which are in accordance
with his own wishes and desires, for the Muslim is
required to go against the desires and whims of his own
self. Allaah says (interpretation of the meaning):

“But as for him who feared standing before his Lord,

and restrained himself from impure evil desires and lusts.

Verily, Paradise will be his abode”

[al-Naazi’aat 79:40]

And Allaah knows best.

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

4714: Dealing in shares

Question:

What is the attitude of Islam towards buying and selling

shares as a profession? May Allaah reward you with good.

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Answer:

Praise be to Allaah.

1 – Definition of shares.

A share is a defined portion of the total capital of a

company.

A share is defined as being the share that the shareholder

has in a company, or a portion of the total capital of a
company, written on a certificate that has a nominal value,
so that the shares in totality represent the capital of the
company, and are all of equal value.

Based on that, the share is an independent document,

given to the shareholder, that contains information specific
to the company, such as the company name, the amount
of its capital, its nationality, the location of its
headquarters, the number and value of the share and the
name of its holder if it is a nominal share, or the statement
that the share belongs to the bearer.

2 – Ruling on shares

In principle there is nothing wrong with buying or selling

shares, but there are some things that should be avoided,
such as:

Buying and selling shares in companies in which it is

haraam to hold shares because they sell things that are
not permissible, or they help in spreading corruption and
falsehood.

Buying and selling shares in riba-based banks.

Putting share money in riba-based banks, because that

leads to the profits being mixed with riba money.

A – The Standing Committee was asked about holding

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shares in private companies that deal in charity work,

agriculture, banks, insurance and petroleum. They replied:

It is permissible for a person to hold shares in these

companies if they do not deal with riba. If they deal with
riba then it is not permissible. That is because it is proven
from the Qur’aan, Sunnah and scholarly consensus that
dealing with riba is haraam.

Similarly it is not permissible for a person to hold shares

in commercial insurance companies, because the
insurance policies involve ambiguity, uncertainty and riba,
which are all haraam according to Islamic sharee’ah.

Fataawa Islamiyyah, 2/43

B – There follows the text of a question and answer from

the Fatwa Committee of the Kuwaiti Finance House (Bayt
al-Tamweel al-Kuwaiti) concerning the third point.

Question:

Is it permissible to buy and sell shares in foreign

companies such as General Motors, Phillips and
Mercedes, knowing that these are industrial companies,
but they do not refrain from lending and borrowing with
interest?

Answer:

In principle, there is nothing wrong, from the point of

view of sharee’ah, with holding shares in industrial,
commercial or agricultural companies, because they are
subject to profits and losses. It is akin to the kind of
investment approved of in sharee’ah, subject to the
condition that these companies keep away from riba-based
transactions, whether they are paying or taking interest.
From your question it is obvious that these companies
deal in riba, paying or taking it, so on that basis holding

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shares in them is to be regarded as holding shares in a

riba-based operation, which is what is forbidden in
sharee’ah. And Allaah knows best.

Al-Fataawa al-Shar’iyyah fi’l-Masaa’il al-Iqtisaadiyyah

al-Ajzaa’ Bayt al-Tamweel al-Kuwaiti, Fatwa no. 532.

And Allaah knows best.

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

21127: Ruling on buying shares in a foreign company

Question:

What is the shar’i ruling on buying shares in a foreign

company?

Answer:

Praise be to Allaah.

1 – Definition of “shares”

A share is a specific part of the total capital of a company.

A share is defined as being the share that the shareholder

has in a financial company, or the portion of the company’s
capital that is assigned to him as confirmed in a legal
document that has a nominal value, where the sum of all
the shares represents the capital of the company and each
share is of equal value.

Based on this, a share is an independent document that is

given to the shareholder and contains information that
has to do with the company, such as the company name,
the amount of its capital, its nationality, the location of
its headquarters, the serial number of the share, its value

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and the name of the shareholder, if he is to be mentioned

by name, or the comment that the share belongs to the
bearer.

2 – Ruling on shares:

There is nothing basically wrong with buying and selling

shares, but there are a number of things to be avoided, as
follows:

(i) Buying and selling shares in companies in which it is

haraam to have shares, because they sell things that are
not halaal, or they help in spreading corruption and
falsehood.

(ii) Buying and selling shares in banks that deal in riba

(usury or interest).

(iii) Depositing shares in riba-based banks, because that

will lead to the profits being mixed with riba.

The Standing Committee was asked about buying shares

in private companies that deal only in charitable work,
agriculture, banks, insurance companies and petroleum
companies. They replied:

It is permissible for a person to buy shares in these

companies so long as they do not deal with riba; if they
deal with riba then it is not permitted, because it is proven
in the Qur’aan and Sunnah, and by scholarly consensus,
that dealing in riba is haraam.

Similarly it is not permissible for a person to buy shares

in commercial insurance companies, because insurance
policies involve ambiguity and buying something
unknown, and they involve riba, so they are forbidden
according to Islamic sharee’ah.

Fataawa Islamiyyah, 2/43

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Jurisprudence and Islamic Rulings

The following is the text of a question and answer from

the Fatwa Council of the Kuwaiti Finance House:

Question:

Is it permissible to buy and sell shares in foreign

companies such as General Motors, Phillips and
Mercedes, knowing that these are manufacturing
companies, but they do not hesitate to lend and borrow
money with interest?

Answer:

The principle of buying shares in manufacturing,

commercial and agricultural companies is allowed
according to sharee’ah, because they are subject to either
profit or loss, and this is akin to mudaarabah or limited
partnerships which the Lawgiver allows, subject to the
condition that this partnership avoid engaging in riba
transactions, whether that involves taking or paying
interest. It may be understood from your question that
you are aware that these companies deal with riba, taking
and paying interest.

On this basis, buying shares in them is to be regarded as

buying shares in a riba-based operation, which is
forbidden in sharee’ah.

And Allaah knows best.

Kitaab al-Fataawa al-Shar’iyyah fi’l-Masaa’il al-

Iqtisaadiyyaah, al-Ajzaa’ Bayt al-Tamweel al-Kuwaiti,
Fatwa No. 532.

And Allaah knows best.

Islam Q&A

(www.islam-qa.com)

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21087: Participating in a savings scheme with a petroleum

company

Question:

1. What is the ruling on saving with the Aramco company,

whether as an investor or otherwise?

2. What is taqiyah according to the Sunnis and the Shi’ah?

3. Is it permissible to call Shaykh Ibn Baaz “Imaam”?

and who are the Imaams according to the Sunnis?

Answer:

Praise be to Allaah.

1. It seems that you should not save with the Aramco

company, whether as an investor or otherwise, because
you would be giving less money and taking more than
the money given, which is the essence of riba, because
when investing one is not subject to the risk of increase
or loss, rather the profit is guaranteed, so it seems that
this is not allowed.

2. According to the Sunnis, taqiyyah (dissimulation)

means being sociable or affable without any hypocrisy or
sycophancy, when it is necessary to be affable and say
things that one does not believe, in cases where the
Muslim fears for his life, but his heart is at peace and
believes.

But for the Shi’ah, taqiyyah means outwardly appearing

to agree with one’s opponent, even if he is right, whilst
inwardly opposing him and persisting in their false beliefs.
This is the essence of hypocrisy which means making an

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outward display of being Muslim whilst inwardly

concealing kufr.

3. Shaykh Ibn Baaz is one of the imams (leaders) of

guidance, and one of the most prominent scholars of
sharee’ah which he supported and paid attention to, so he
deserves to be regarded as a leader in Islam.

Shaykh ‘Abd al-Kareem al-Khudayr. (www.islam-

qa.com)

1210: Buying shares in computer companies

Question:

Is buying Computer and Technology companies’ stocks

Halal or Haram? AND WHY? And if Halal, is giving
money to mutual fund company that buy these stock (only
Technology stocks) Halal or Hram? and Why?

Answer:

Praise be to Allaah.

It is permissible for a person to buy shares in these

companies if they do not deal in riba [usury/interest] (and
they do not sell anything haraam and they do not do
business in a manner that is not Islamic). But if they deal
in riba then it is not permitted, because it is clearly
established in the Qur’aan and Sunnah, and by scholarly
consensus, that dealing in riba is haraam.

See Fataawa Islamiyyah, 2/392; see also Question no.

8590.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

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8590: Dealing in shares

Question:

Many Muslims invest in stocks (stock market). The

argument is that, since there are risks where one can lose
or gain, that it constitutes doing business so long as one
does not buy stocks on the margin or be involved in direct
interest bearing investments. Please explain the limits of
investing in the stock market or if it is forbidden and why?

Answer:

Praise be to Allaah.

There is nothing wrong with selling or buying shares if

they are shares in permissible companies. If it is an
agricultural company, for example, which produces
permissible agricultural products, then it is permissible
to buy and sell shares in it; the same applies to companies
which deal in real estate, manufacturing, etc.

It is permissible to buy the shares of other people and pay

them the price immediately, so that one will not be selling
a loan for a loan.

Excluded from this are companies which deal in haraam

things, such as selling alcohol, tobacco and music tapes.
It is not permitted to have shares in these companies, or
to buy these shares. If the company openly deals in ribaa
(usury, interest), then it is not permissible to deal with it.
but if a manufacturing, agricultural or business company
is compelled to deposit its money with the bank in order
to protect it from being lost or stolen, then it is permissible
because of that necessity for the owners of the company
to get rid of the interest which the bank gives them on

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their deposits. Companies should also avoid using riba-

based loans in order to set up production lines and
factories; that should be achieved by using cash and the
money of the shareholders.

And Allaah is the source of strength.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

12047: Investing in football clubs

Question:

What is the ruling on investing in football clubs in Europe?

Answer:

Praise be to Allaah.

We put this question to Shaykh Muhammad ibn Saalih

al-‘Uthaymeen, may Allaah preserve him, who answered
as follows:

There are many wrong things involved in football, such

as showing the ‘awrah (parts of the body that should be
covered) and swearing, etc. Taking part in these things is
haraam. So let them look for something else, and Allaah
will provide for them.

Shaykh Muhammad ibn Saalih al-‘Uthaymeen

(www.islam-qa.com)

10064: Draws of investment bonds (“premium bonds”)

Question:

Here in Egypt we have something called investment bonds

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which are sold in the banks. They are known as “Group

C” bonds, and they carry no profit, i.e., if you buy a
certificate, then you want to return it, even ten years later,
or more, or less, you will get back the same amount as
you paid for it. Then the computer selects a number of
one of the certificates that have been sold, and this wins
first prize; there also second, third prizes and so on, as
many as 400 prizes. The first prize is twenty thousand
(Egyptian) pounds. What I want to know is, if I buy one
of these bonds then I am one of the prize-winners, is it
permissible for me to take this money or not? Will I be
committing a sin?

Answer:

Praise be to Allaah.

What you have described in your question is a kind of

gambling (lottery), and it is haraam. In fact it is a major
sin, according to the Qur’aan, Sunnah and scholarly
consensus.

And Allaah is the source of strength. May Allaah bless

our Prophet Muhammad and his family and companions,
and grant them peace.

Standing Committee on Academic Research and Issuing

Fatwas, 13/305 (www.islam-qa.com)

8886: Large amount for holder of investment bonds

Question:

is issuing investment bonds (Group C) which is a kind of

certificate that you purchase from the bank, and there is a
draw based on these certificates every month. The winning

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certificate gets a large amount of money. At the same time,

holders of these certificates still keeps the value of the
certificates and can withdraw their money at any time.

What is the Islamic ruling on this amount of money that

is won by the holder of the winning certificate?

Answer:

Praise be to Allaah.

If the matter is as you describe, this transaction is a kind

of gambling and is a major sin, because Allaah says
(interpretation of the meaning):

“O you who believe! Intoxicants (all kinds of alcoholic

drinks), and gambling, and AlAnsaab (animals that are
slaughtered on stone altars for idols), and AlAzlaam
(arrows for seeking luck or decision) are an abomination
of Shaytaan’s (Satan’s) handiwork. So avoid (strictly all)
that (abomination) in order that you may be successful.
Shaytaan (Satan) wants only to excite enmity and hatred
between you with intoxicants (alcoholic drinks) and
gambling, and hinder you from the remembrance of Allaah
and from AsSalaah (the prayer). So, will you not then
abstain?” [al-Maa’idah 5:90-91]

The person who deals in these things must repent to

Allaah, seek His forgiveness and avoid dealing in these
things; he must get rid of any money that he has earned in
this manner, so that Allaah will accept his repentance.

And Allaah is the source of strength. May Allaah bless

our Prophet Muhammad and his family and companions,
and grant them peace.

Standing Committee on Academic Research and Issuing

Fatwas, 13/301 (www.islam-qa.com)

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2467: Investing in Internet services

Question:

i am a new muslim and god have show the way to his

paradise i would like to know what islam says about
internet i would like to invest in Microsoft, but he’s
providing internet, and it’s op to the surfer or the user to
decide which or where he would like to surf this time, is
it to see bad pictures of naked women or is it useful
information, In the U.S 60 % of the users off internet are
surfing in bad web sites

Answer:

Praise be to Allaah.

Since you have some doubts about the matter, and since
you say that this kind of investment includes making it
possible for users to access both useful and harmful
information, and that more than half of users are accessing
bad websites, then you should pay heed to the hadeeth of
the Prophet (peace and blessings of Allaah be upon him):
“Leave that which makes you doubt for that which does
not make you doubt.”

(Reported by al-Tirmidhi, 2442; he said that this is a

saheeh hasan hadeeth). So forget about this field and look
for another kind of investment which will be halaal. May
Allaah help you and us to earn from good and pure
sources.

Islam Q&A

Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

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Chapter 7

Transactions

Business and Finance:

Business Partnerships

45898: A pyramid-marketing company that sells da’wah

tapes

Question:

There is a company that operates like the “Business”

company, but in return for money paid they sell da’wah
tapes that guide to the truth. How should we respond to
them?.

Answer:

Praise be to Allaah.

In the answer to question no 40263 we have already stated

that it is haraam to participate in pyramid-selling schemes
like the “Business” company, even if these companies
sell a real product that has some value, because the aim is
not to sell that product, rather the aim is marketing, and
pyramid marketing is based on ambiguity and consuming
people’s wealth unlawfully.

Shaykh Saami ibn Ibraaheem al-Suwaylim said:

The essential idea behind pyramid marketing is simple

and may be summed up as follows: A person buys the
company’s products in return for the opportunity to
convince others to do what he did (i.e., to buy the

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company’s products too), in return for which he takes

commission. Then each of these people who joined the
scheme convinces yet others to join too, and the first one
gets additional commission, and so on.

He also said concerning the “Tasweeq net” (marketing

net) company – which is a company that sells real products
–

This system mentioned in the question is a pyramid

marketing scheme, no matter what form it takes, in which
the person who joins it convinces others to buy so that
they can also join the marketing scheme. So long as the
commission is greater than the value of the product, the
primary goal behind buying is the commission and the
product is secondary. Based on that, this is not allowed
according to sharee’ah because it involves ambiguity and
consuming people’s wealth unlawfully, since the one who
joins the scheme does not know whether he will succeed
in convincing others to join or not. If he succeeds then he
will profit at their expense from their subscriptions,
otherwise he will lose the money that he paid to join the
scheme, and those who joined through him will be subject
to the same risks. Each level in the pyramid will lose,
unless there is a level beneath them which can bear the
brunt of the loss, and so on. For more information see
the answer to question no. 43595

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

46595: Is it permissible to subscribe to the “Tasweeq Net”

company?

Question:

Is it permissible to subscribe to the “Tasweeq Net

(marketing net)” company?.

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Answer:

Praise be to Allaah.

This company’s activities are similar to those of the

“Business” company, and the scholars have stated that it
is haraam to subscribe to this company. The “Tasweeq
net” company is no different from “Business” apart from
the fact that they sell a product that has some value, but
the purpose is not the product, rather it is marketing. These
companies are based on what is known as “pyramid
selling”.

Shaykh Saami ibn Ibraaheem al-Suwaylim said:

The essential idea behind pyramid selling is simple and

may be summed up as follows: a person buys the
company’s products in return for the opportunity to
convince others to do what he did (i.e., buy the company’s
products), and he receives payment or commission in
return for that. Then each of these people who joined the
program has to convince others to buy as well, and the
first one gets increased commission [?] and so on.

The reason why it is haraam to join this type of program

may be explained by the following points:

1 – It is based on consuming wealth unlawfully

2 – It is based on ambiguity (and deceit) that is forbidden

in sharee’ah.

Consuming wealth unlawfully:

It is clear from the above that this kind of program cannot

grow without there being someone who will lose out to
the interests of those who profit from it, whether it stops
growing or not. Loss is inevitable for the final levels of
the pyramid in all cases, and without it the higher levels

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cannot gain their astronomical commission. The losers

will be in the majority and only a few will profit, i.e., the
few will take the wealth of the majority unlawfully. This
is consuming wealth unlawfully which the Qur’aan
forbids. The economists call this a zero-sum game,
whereby what some gain is what the others lose.

Ambiguity:

The basic meaning of the kind of ambiguity that is haraam

is paying money in exchange for something which one
thinks is most likely not to exist, or may exist in a manner
that is not desired. Hence the fuqaha’ said: ambiguity is
uncertainty between two things, the most likely of which
is the one that the person fears or dislikes most. The one
who joins these schemes pays money in return for profits
that are unlikely to be realized.

Conclusion:

Schemes that are based on pyramid selling, including the

scheme mentioned in the question, are based on
consuming wealth unlawfully and deceiving others,
because this pyramid cannot continue forever, and when
it stops the result will be that a few will gain at the expense
of the majority. The logic of pyramid marketing depends
on huge profits for the top levels at the expense of the
lower levels of the pyramid, and the last levels will always
lose out, even if we assume that the pyramid will never
end. The fact that there is a product does not make this
scheme permissible, rather this makes it come under the
heading of deceit which is haraam. And Allaah knows
best.

The Shaykh also said concerning the “Tasweeq net”

company in particular:

The system mentioned in the question is a pyramid

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marketing system, which may appear in a variety of forms,

but may be summed up as being a system where the
subscriber persuades others to buy in order to join the
marketing scheme. As long as the commission is greater
than the price of the product, the aim behind buying is
primarily to earn commission; the product is a secondary
concern. Based on that, it is not allowed according to
sharee’ah because it involves ambiguity and consuming
wealth unlawfully, because the subscriber does not know
whether he will succeed in convincing others to join or
not. If he does succeed, he will be making profit at their
expense and the expense of the money they pay to
subscribe, and if he does not then he will lose out to the
tune of whatever portion of his original payment went
towards marketing, and those who joined through him
will suffer the same fate, so every level of the pyramid
will lose out, unless there is a level or two beneath him
who will bear the brunt of the loss, and so on.

See also questions no. 40263 and 41620.

And Allaah knows best.

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

9384: Is it permissible to make wives partners in

commercial companies?

Question:

my husband and his brothers started a partnership business

in which they have made their wives as partners of the
firm. As it is a family firm now my sister in law says that
though the buiness is on the wives names the wives have
no right over the business because there is no partnership
business between the husband and wife in Islam.is tis true?

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Answer:

Praise be to Allaah.

What your husband’s sister said has no basis in sharee’ah.

There is no reason why a wife – or a sister, mother or
daughter – should not be a business partner of her husband.

The basic principle concerning business dealings is that

they are permissible, and the basic principle concerning
partnerships is that they are open to all. Whoever says
that they are not allowed has to produce evidence to prove
it. Whether the wife enters the partnership by means of
paying a certain amount of money or she is given some
of the shares in the company for free, it is OK for her to
be a partner.

And Allaah knows best.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

2371: Business partnerships between Muslims and kaafirs

Question:

What is the ruling on business partnerships between

Muslims and kaafirs, especially given that this practice
is widespread among the Muslims living in kaafir
countries, and among Muslim businessmen who bring
kaafir companies to work in Muslim countries?

Answer:

Praise be to Allaah.

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Jurisprudence and Islamic Rulings

Differences of religion do not prevent the establishment

of a partnership between a Muslim and a kaafir, but some
scholars laid down the condition that the kaafir should
not be the only one to run the business and take decisions,
because he may engage in riba (usury/interest) or may
not be careful to avoid things that the Muslim would
avoid. The Hanbalis said that whatever the kitaabi
(Christian or Jew) buys or sells of intoxicants with the
money of the company or silent partnership (mudaarabah),
is an invalid transaction, and he has to be the guarantor
of it. The Maalikis said that the partnership of a dhimmi
(non-Muslim living under Islamic rule) with a Muslim is
valid, provided that the Muslim is present when the kaafir
takes decisions.

However, if the Muslim suspects that the non-Muslim is

engaging in riba, it is mustahabb (recommended) for him
to give the profits of it in charity, as Allaah says
(interpretation of the meaning): “… you shall have your
capital sums…” [al-Baqarah 2:279].

The Shaafa’is say that in general, partnerships with kaafirs

are makrooh.

To sum up, partnerships between Muslims and kaafirs

are permissible if the field of work is permitted and the
way in which business is conducted is permitted. The
Muslim should not leave the kaafir to run the business on
his own; he should keep an eye on him and make sure
that the kaafir is not introducing anything haraam into
the business; if the Muslim is the one who is running the
business, this is preferable. And Allaah knows best.

Islam Q&A

Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

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Chapter 8

Transactions

Business and Finance:

Forbidden Transactions

52724: Their father left instructions that a waqf be set up,

but they have not carried it out

Question:

My father died and left property to his heirs, except for

one house which he said was to made a waqf for the sake
of Allaah, and its income was to be spent on the poor and
needy (as an ongoing charity). But the heirs did not follow
the instructions left in his will and they sold their shares
to the youngest brother. I am the oldest brother and I did
not sell my share out of fear of Allaah. But my young
brother is putting a lot pf pressure on me and he wants
me to sell my share as well. Is it permissible for me to get
rid of this problem by selling my share and donating the
money to a charitable cause or building a mosque (as an
ongoing charity) for my father?.

Answer:

Praise be to Allaah.

Making a will is prescribed according to the Qur’aan and

Sunnah, and scholarly consensus. Allaah says
(interpretation of the meaning):

“It is prescribed for you, when death approaches any of

you, if he leaves wealth, that he makes a bequest to parents

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and next of kin, according to reasonable manners. (This

is) a duty upon Al-Muttaqoon (the pious)”

[al-Baqarah 2:180]

And the Prophet (peace and blessings of Allaah be upon

him) said: “Allaah has given you authority over the
disposal of one-third of your wealth, at the time of your
death, so that you may able to add to the record of your
good deeds.” Narrated by Ibn Maajah 2709; classed as
hasan by al-Albaani in Saheeh Ibn Maajah.

A waqf (Islamic endowment) is a kind of ongoing charity

from which the donor may benefit after his death, as the
Prophet (peace and blessings of Allaah be upon him)
stated when he said: “When a man dies, all his good deeds
come to an end except three: ongoing charity, beneficial
knowledge, and a righteous son who will pray for him.”
Narrated by Muslim, 1631.

It is not permissible to bequeath more than one-third of

one’s wealth, because the Prophet (peace and blessings
of Allaah be upon him) said to Sa’d ibn Abi Waqqaas
(may Allaah be pleased with him) when he wanted to
bequeath all of his wealth: “One-third, and one-third is a
lot.” Narrated by al-Bukhaari, 2742; Muslim, 1628.

If this house is equivalent to one-third of the estate or

less, then all of it is a waqf. If it is more than one-third,
then the part of it that is a waqf is whatever is equivalent
to one-third of the estate.

Secondly:

It is not permissible to sell a waqf, or to take possession

of it or seize it. It is not permissible for the heirs to include
it with the rest of the estate and share it out.

According to the hadeeth of ‘Umar ibn al-Khattaab (may

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Allaah be pleased with him), when he wanted to give

some land in Khaybar as a waqf, the Prophet (peace and
blessings of Allaah be upon him) said to him: “It is not to
be sold, given as a gift or inherited…” Narrated by al-
Bukhaari, 2764; Muslim, 1633.

Based on this, it is not permissible for you to agree to

your brother’s demand to sell to him; rather this house is
not your property that you can sell. Now you are standing
in their way, so do not give in to them. Carry on refusing,
and may Allaah guide them.

Your brother’s selling it before is an invalid transaction.

You have to advise them to fear Allaah and advise your

youngest brother to give the money back, and make it a
waqf as instructed by your father.

Scare them with the punishment of Allaah and the

punishment for consuming forbidden wealth, for every
body that is nourished from haraam earnings, the Fire is
more fitting for it.

We ask Allaah to guide you and help you to do that which

is best for you in this world and in the Hereafter.

And Allaah knows best.

Islam Q&A

(www.islam-qa.com)

11502: Ruling on buying and keeping stuffed animals

Question:

It is permissible to buy and sell and to keep stuffed

animals?.

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Answer:

Praise be to Allaah.

Firstly:

Allaah and His Messenger (peace and blessings of Allaah

be upon him) forbade wasting money. Al-Bukhaari (5975)
and Muslim (593) narrated from al-Mugheerah ibn
Shu’bah that he said: I heard the Messenger of Allaah
(peace and blessings of Allaah be upon him) say: ‘Allaah
has forbidden three things: gossip, asking too many
questions, and wasting money.’”

Each person will be asked, on the Day of Resurrection,

about his wealth: where he acquired it from and on what
he spent it.

Narrated by al-Tirmidhi, 2417; classed as saheeh by al-

Albaani in Saheeh al-Tirmidhi.

Secondly:

The Muslim whom Allaah has blessed with surplus wealth

should thank his Lord for this wealth, and send it forth
for his Hereafter by spending it on charitable purposes.

One of the greatest means of doing so is by helping his

Muslim brothers and meeting their needs. This is what is
required by the brotherhood of faith. Allaah says
(interpretation of the meaning):

“The believers are nothing else than brothers (in Islamic

religion)”

[al-Hujuraat 49:10]

And the Prophet (peace and blessings of Allaah be upon

him) said: “The Muslim is the brother of his fellow
Muslim.” Narrated by al-Bukhaari and Muslim.

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It is no secret that many Muslims are suffering from

hunger and sickness in many parts of the world.

Thirdly:

Shaykh Ibn Baaz was asked about the ruling on keeping

stuffed birds and animals, and what is the ruling on selling
them? Is there any difference between animals which it
is haraam to keep when alive and animals which it is
permitted to keep when alive, if they are stuffed?

He replied:

Keeping stuffed birds and animals, regardless of whether

it is haraam or permissible to keep them when alive, is a
waste of money and a kind of extravagance, because these
things cost money. Allaah has forbidden extravagance and
wastefulness, and the Prophet (peace and blessings of
Allaah be upon him) forbade wasting money. This is also
a means of making images of birds etc that have souls,
and displaying them in houses, offices, etc, which is
haraam. So it is not permissible to sell them or keep them.

Majmoo’ah Fataawa Ibn Baaz, 5/377.

Islam Q&A

(www.islam-qa.com)

47244: His father wants him to help him in his business

which involves some things that go against sharee’ah

Question:

I work in the field of audio and video via computer and

satellite (all of it is Islamic and da’wah work, by the grace
of Allaah). I have good experience, praise be to Allaah.
My father wants me to work with him in our business,

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but I have a few problems, the first of which is that I am

not good at business.

The second problem is that this business involves some

things that are not Islamic, such as notebooks on which
are pictures of animate beings, and music books, and cards
with pictures of animate beings, and playing cards and
shavers. (I live in a country where most men do not have
beards).

Answer:

Praise be to Allaah.

Undoubtedly honouring one’s parents is one of the greatest

acts of worship by means of which a person may draw
closer to his Lord. Allaah has enjoined good treatment of
them in all circumstances, even if they disbelieve in
Allaah.

We have already discussed this in questions no. 22782,

5326 and 5053.

With regard to what you have mentioned, try to convince

your father to let you do work that you are good at, through
which you can produce something good for others, for
every one has an affinity with that for which he was
created. Part of doing things well and fulfilling the trust
is for each person to be placed in a job for which he is
suited. Part of failing to work well, wasting money and
neglecting the trust is to assign work to those who are not
qualified to do it. Then try to help him to find a good and
trustworthy alternative, who can help him with his
business instead of you, even if you have to pay part of
his wages. Do that to please your father. If the situation
requires you to spend part of your free time with your
father, then do that.

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“and do good. Truly, Allaah loves Al-Muhsinoon (the

good-doers)”

[al-Baqarah 2:195]

“and be dutiful and good to parents”

[al-Baqarah 2:83]

If you try hard to do that, but you do not manage to

convince your father, then my advice to you is that you
should take a leave of absence from your current job, if
possible, and join your father in his work for this period.
Perhaps things will go as you wish during this time. If
you cannot take this leave of absence, then you do not
have to give up your job or pay any of your wealth or
divorce your wife in order to please your parents, if that
will cause harm to you. Your not obeying them in this
case is not regarded as ‘uqooq (the defiant disobedience
of parents that is forbidden in Islam), in sha Allah. See
question no. 9594 and 47040.

A man said to Imam Ahmad: I have a slave woman and

my mother is asking me to sell her.

He said: Are you afraid that your heart will follow her?
(i.e., are you afraid that your heart will remain attached
to the slave woman if you sell her?). He said: Yes. He
said: Do not sell her. He said: But she (my mother) is
saying that she will not be pleased with me unless I sell
her. He said: If you fear that (selling the slave woman)
will affect you, then she (your mother) has no right to
make such demands.

Al-Adaab al-Shar’iyyah by Ibn Muflih, 1/448.

But you must also strive to soften your father’s heart and
be gentle in your dealing with him. Also try to purify your
business from selling things that it is forbidden to sell or

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that you think are most likely to be used in haraam ways.

Do not sell these things even if you father tells you to do
so, because there is no obedience to any created being if
it involves disobedience towards the Creator.

What you have mentioned about notebooks with pictures

on them, this is a problem that is widespread. If these
pictures are taken from photographs and are not drawn
by hand, then there is no sin in selling these notebooks
with these pictures, in sha Allaah, because what is being
bought is not the picture in and of itself, but rather the
notebook. But if it is a picture of a woman or some
indecent image, of which there are many such, then it is
not permissible to sell it because that is spreading fitnah
and corruption, and because many people look for such
pictures.

With regard to selling music books, this is haraam,

because it is helping in evil. The same applies to selling
shavers to one whom one thinks will most likely use it to
shave his beard. But if he is going to use it for some
permissible purpose, then it is permissible to sell it.

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him)

was asked:

My father has a store in which he sells electrical appliances

such as TVs, VCRs and some musical instruments, as
well as gold watches. He asked me to sit in the shop and
sell things, but I refused. Is this considered to be defiant
disobedience to my father? What should I do?

He replied:

This is not defiant disobedience, if you refused to do the

haraam action that your father does. But what you have
to do is to advise him and tell him that this is haraam and
his earnings are haraam. If he follows right guidance, then

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this is what you want. But if he does not follow right

guidance, then the sin is on him and you will have the
reward for advising him, because Allaah said to His
Prophet (peace and blessings of Allaah be upon him)
(interpretation of the meaning):

“Not upon you (Muhammad) is their guidance”

[al-Baqarah 2:272]

If he tells you: Sit in the store and sell things, do not sell
anything that will be used for haraam purposes, but sell
the things that people usually use for permissible purposes.
So do not sell things such as radios, cassette recorders,
VCRs and TVs, because most of those who buy these
things are going to use them for haraam purposes.

Al-Baab al-Maftooh, 1/192.

Islam Q&A

(www.islam-qa.com)

40651: Is it permissible to sell haraam things like pork to

non-Muslims?

Question:

I work in a seaport and serve ships that are passing

through. Most of these ships are foreign and the people
working on them are non-Muslims. The company owner
sells pork to these ships sometimes, then he distributes
the profits of these sales to us employees and we accept it
on the basis that selling pork to non-Muslims is not
haraam, and there is no text in the Qur’aan or Sunnah
that says that it is haraam to sell it to non-Muslims. And
we cannot compare alcohol to pork because pork existed

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at the time of the Messenger (peace and blessings of

Allaah be upon him), and if he had wanted to forbid it
and curse it he would have done so as he did with alcohol.
But there are some people who made us doubt whether
this money is halaal. Is it halaal or haraam?
If we do not participate in the sale, will it not matter if we
take these profits if the company owner gives them to us
like an act of charity? Do we have the right to accept
charity when we know its origin? Is there any hadeeth in
which the Messenger (peace and blessings of Allaah be
upon him) stated clearly and unequivocally that it is
haraam to sell pork to non-Muslims? Because pork is not
haraam for the People of the Book.

Answer:

Praise be to Allaah.

Firstly:

It is not permissible for anyone to issue fatwas concerning

the religion of Allaah without knowledge. It is essential
to understand the seriousness of doing that, because Allaah
says (interpretation of the meaning):

“Say (O Muhammad): (But) the things that my Lord has

indeed forbidden are AlFawaahish (great evil sins and
every kind of unlawful sexual intercourse) whether
committed openly or secretly, sins (of all kinds),
unrighteous oppression, joining partners (in worship)
with Allaah for which He has given no authority, and
saying things about Allaah of which you have no
knowledge”

[al-‘Araaf 7:33]

So it is not permissible for anyone to say, this is halaal

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and that is haraam, if he has no sound evidence to that

effect. Allaah says (interpretation of the meaning):

“And say not concerning that which your tongues put

forth falsely: ‘This is lawful and this is forbidden,’ so as
to invent lies against Allaah. Verily, those who invent lies
against Allaah will never prosper”

[al-Nahl 16:116]

Secondly:

Selling pork is haraam whether it is sold to a Muslim or

to a kaafir. The evidence for that is as follows:

1 – Allaah says (interpretation of the meaning):

“Say (O Muhammad): I find not in that which has been

revealed to me anything forbidden to be eaten by one
who wishes to eat it, unless it be Maytah (a dead animal)
or blood poured forth (by slaughtering or the like), or the
flesh of salcohol (pork); for that surely, is impure or
impious (unlawful) meat (of an animal) which is
slaughtered as a sacrifice for others than Allaah (or has
been slaughtered for idols, or on which Allaah’s Name
has not been mentioned while slaughtering”

[al-An’aam 6:145]

And the Messenger (peace and blessings of Allaah be upon

him) taught us an important principle when he said:
“When Allaah forbids a thing, He (also) forbids its price.”
Narrated by Abu Dawood, 3488; classed as saheeh by
Shaykh al-Albaani in Ghaayat al-Maraam, 318.

2 – It was narrated from Jaabir ibn ‘Abd-Allaah (may

Allaah be pleased with him) that he heard the Messenger
of Allaah (peace and blessings of Allaah be upon him)
say when he was in Makkah at the time of the Conquest:

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“Allaah and His Messenger have forbidden the sale of

alcohol, dead meat, pork and idols.” It was said: “O
Messenger of Allaah, what do you think of the fat of dead
animals, for ships are caulked with it and animal skins
are daubed with it, and the people use it to light their
lamps?” He said: “No, it is haraam.” Then the Messenger
of Allaah (peace and blessings of Allaah be upon him)
said: “May Allaah curse the Jews, for when Allaah forbade
them animal fat, they melted it down and sold it, and
consumed its price.”

Narrated by al-Bukhaari, 1212; Muslim, 1581.

Al-Nawawi said:

With regard to dead meat, alcohol and pork, the Muslims

are unanimously agreed that it is haraam to sell all of
these.

Al-Qaadi said: This hadeeth indicates that whatever we

are forbidden to eat or make use of, we are also forbidden
to sell, and it is not permissible to consume its price, as
in the case of the animal fat mentioned in this hadeeth.

Sharh Muslim, 11/8

Ibn Rajab al-Hanbali said, after quoting the ahaadeeth

about the prohibition on alcohol:

The conclusion we may draw from all these ahaadeeth is

that whatever Allaah has forbidden us to make use of, it
is also haraam to sell it and consume its price, as is stated
clearly in the hadeeth: “When Allaah forbids a thing, He
(also) forbids its price.” This is a general, comprehensive
phrase which applies to everything which is intended to
be used in haraam ways. These fall into two categories:

(i) Things which are to be used and will remain as they

are, such as idols. The purpose for which they are used is

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shirk or association of others with Allaah, which is the

greatest of all sins. We may add to that books of shirk,
witchcraft, innovation (bid’ah) and misguidance,
forbidden images, forbidden means of entertainment and
also buying slave women who will serve as singers.

(ii) Things which are to be used and which will be used

up. If in the majority of cases a thing is used for haraam
purposes, then it is haraam to sell it. For example, it is
haraam to sell pork, alcohol and dead meat even though
they may – on rare occasions – be used for a permissible
purpose, such as eating dead meat for those who are in
extreme need, or using alcohol to stop oneself choking or
to putt out a fire, or using pig hairs for beading, or making
use of the hair and skin of a pig – according to those who
approve of that. But because these are not the reason for
which these things are produced, and the usual use for
pigs and dead meat is to eat them, and the usual use for
alcohol is to drink it, so no attention should be paid to
these reasons, and it is haraam to sell these things.

The Prophet (peace and blessings of Allaah be upon him)

indicated this when it was said to him: “What do you
think of the fat of dead animals, for ships are caulked
with it and animal skins are daubed with it, and the people
use it to light their lamps?” He said: “No, it is haraam.”

Jaami’ al-‘Uloom wa’l-Hukam, 1/415, 416

The Standing Committee was asked: Is it permissible to

deal in alcohol and pork if one is not selling them to a
Muslim? They replied: It is not permissible to deal in
foods and other things that Allaah has forbidden, such as
alcohol and pork, even if one is selling them to kaafirs,
because it is proven that the Prophet (peace and blessings
of Allaah be upon him) said: “When Allaah forbids a thing,
He also forbids its price.” And because the Prophet (peace
and blessings of Allaah be upon him) cursed alcohol, the

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one who drinks it, the one who sells it, the one who buys
it, the one who carries it, the one to whom it is carried,
the one who consumes its price, the one who squeezes
(the grapes, etc) and the one for whom it is squeezed.
Fataawa al-Lajnah al-Daa’imah, 13/49.

Thirdly:

With regard to the questioner saying, “selling pork to non-

Muslims is not haraam, and there is no text in the Qur’aan
or Sunnah that says that it is haraam to sell it to non-
Muslims”, this is not correct. We have quoted above
evidence from the Qur’aan and Sunnah, and have stated
that the scholars are agreed that it is haraam to sell pork.
The general meaning of the evidence indicates that it is
haraam to sell it to Muslims and kaafirs alike, because
the evidence indicates that the prohibition on selling it is
general in application, and no differentiation is made
between Muslims and others.

Indeed, if we were to say that what is meant by the

prohibition on selling it is selling it to kaafirs, that would
not be far-fetched, because the basic assumption
concerning the Muslim is that he would never buy pork:
what would he do with it when he knows that Allaah has
forbidden it?

Similarly, the questioner’s saying that “pork existed at

the time of the Messenger (peace and blessings of Allaah
be upon him), and if he had wanted to forbid it and curse
it he would have done so as he did with alcohol” is also
not correct, because it is not essential for a thing to be
forbidden that the Messenger (peace and blessings of
Allaah be upon him) should have cursed the one who
does it. Rather it is sufficient that he forbade it or stated
that it is haraam, as he forbade the sale of pork.

Fourthly:

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With regard to your taking this money, now that you know
that it is haraam, it is more befiiting for you to refuse to
take it, especially since your taking it is like giving
approval to what the company owner is doing. You have
to advise him, denounce what he is doing and exhort him
to give up these haraam actions. Whoever gives up
something for the sake of Allaah, Allaah will compensate
him with something better than it.

With regard to the money that you took before you found
out that it is haraam, there is no sin on you, in sha Allah.
Allaah says in the verses in which He forbids riba (usury,
interest) (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. 2429, 8196.

We ask Allaah to granted you a halaal and blessed

provision. And Allaah knows best.

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

10315: Ruling on draws for cars

Question:

What is the ruling on draws for cars or for household

appliances such as washing machines, freezers, TVs etc.
that are held by some markets and businesses?

Answer:

Praise be to Allaah.

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That is not permitted, because they are benefiting

themselves and harming others. They offer a prize of a
car or freezer, etc., and say that whoever buys such and
such can take part in this competition, and we will draw
one of the names, and if he wins he will get a car worth
one hundred thousand or whatever. So the people rush to
them and maybe ten thousand or twenty thousand
customers come, but only one will win the competition
and the rest will lose. Thus they harm the owners of other
stores because the people rush to them and ignore the
other stores which causes harm to the others.

Sheikh Muhammed Salih Al-Munajjid (www.islam-

qa.com)

21181: Ruling on selling spectacles, watches and vessels

with gold plating

Question:

What is the ruling on selling men’s watches and spectacles

that are plated with real gold, and vessels for home use
and medical equipment that is plated with gold, for men
and women?.

Answer:

Praise be to Allaah.

If the matter is as described, it is not permissible to sell

vessels and medical equipment that is plated with gold or
silver to either men or women, because the Prophet (peace
and blessings of Allaah be upon him) said: “Do not drink
from vessels of gold or silver, and do not eat from plates
made (of gold or silver). They are for them in this world
and for us in the Hereafter.” Saheeh – agreed upon.

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And the Prophet (peace and blessings of Allaah be upon

him) said: “The one who eats from a vessel of silver is
taking fire from Hell into his belly.” Saheeh – agreed upon;
this version was narrated by Muslim.

All other uses that have to do with food and drink are
also forbidden, because of the general meaning of these
reports and so as to prevent the means that may lead to
evil.

Similarly it is not permissible for men to use watches and

spectacles that are gold-plated. And it is not permissible
to sell such items to men.

May Allaah help us and you to do all that is good.

Fataawa al-Lajnah al-Daa’imah, 22/156.

(www.islam-qa.com)

12681: It is not permissible to exchange old gold for new

gold and pay the difference in value

Question:

Is it permissible to exchange old gold for new gold, and

pay the difference in value to the goldsmith?.

Answer:

Praise be to Allaah.

It is not permissible to exchange worn-out gold for good

gold and pay the difference. This is haraam and is not
permissible. That is indicated by the reports proven in al-
Saheehayn and elsewhere in the story of Bilaal (may
Allaah be pleased with him), who brought some good

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dates to the Prophet (peace and blessings of Allaah be

upon him) and he said to him: “Where did these come
from?” Bilaal said: “We had some bad dates and I paid
two saa’s of them for a saa’ so that the Prophet (peace
and blessings of Allaah be upon him) might have some
of it.” The Messenger of Allaah (peace and blessings of
Allaah be upon him) said: “Oh! Do not do that, (it is) the
essence of riba, the essence of riba.” Narrated by al-
Bukhaari, 3212.

The Messenger (peace and blessings of Allaah be upon

him) stated that giving more when equal amounts should
be exchanged because of the difference in quality is the
essence of riba, and it is not permissible to do that. But
the Messenger of Allaah (peace and blessings of Allaah
be upon him), as was his wont, pointed out the permissible
way. The Prophet (peace and blessings of Allaah be upon
him) told him to sell the bad dates for money (dirhams)
and then buy the good dates with the money.

Based on this we say: If a woman has some worn-out

gold or gold that people no longer wear, she can sell it in
the market and take the money, then buy good gold of her
choosing. This is the way taught by our Prophet (peace
and blessings of Allaah be upon him),

Shaykh Muhammad ibn ‘Uthaymeen , Majmoo’at As’ilah

tahumm al-Usrah al-Muslimah, p. 26-27. (www.islam-
qa.com)

40409: It is not permissible to buy bank shares or deal in

them

Question:

It is not permissible to buy bank shares or deal in them

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Answer:

Praise be to Allaah.

Bank shares are in fact money, and based on this it is not

permissible to buy or sell bank shares because that is
selling money for money without meeting the conditions
of equal amounts and concluding the exchange in one
sitting. Moreover the banks are riba-based institutions and
it is not permissible to cooperate with them by either
buying or selling, because Allaah says (interpretation of
the meaning):

“Help you one another in AlBirr and At Taqwa (virtue,

righteousness and piety); but do not help one another in
sin and transgression. And fear Allaah. Verily, Allaah is
Severe in punishment”

[al-Maa’idah 5:2]

And it was proven that the Prophet (peace and blessings

of Allaah be upon him) cursed the one who consumes
riba, the one to whom it is given, the one who writes it
down and the two who witness it, and he said they are all
the same. Narrated by Imam Muslim.

All that you are entitled to is your capital.

My advice to you and to other Muslims is to beware of

all riba-based transactions and to warn against them, and
to repent to Allaah from any such transactions you may
have engaged in in the past, because riba-based
transactions are a kind of war against Allaah and His
Messenger (peace and blessings of Allaah be upon him),
and are one of the causes of the wrath and punishment of
Allaah, and He says (interpretation of the meaning):

“Those who eat Ribaa will not stand (on the Day of
Resurrection) except like the standing of a person beaten

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by Shaytaan (Satan) leading him to insanity. That is

because they say: ‘Trading is only like Ribaa,’ whereas
Allaah has permitted trading and forbidden Ribaa. 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); but whoever returns (to
Ribaa), such are the dwellers of the Fire — they will abide
therein”

[al-Baqarah 2:275]

And Allaah says (interpretation of the meaning):

“O you who believe! Be afraid of 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 2:278-279]

And please note the hadeeth referred to above.

Shaykh ‘Abd al-“Azeez ibn Baaz (may Allaah have mercy

on him).
Fiqh wa Fataawa al-Buyoo’ (Jurisprudence and rulings
on financial transactions) by Ashraf ‘Abd al-Maqsood, p.
360 (www.islam-qa.com)

41052: Ruling on Selling cosmetics

Question:

I have a store that sells cosmetics and hairdressing

supplies. Is this profession halaal or haraam?.

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Answer:

Praise be to Allaah.

The ruling on working in such places depends on the

details.

1 – If you are selling these things to people who you know

will use them for the purposes of haraam wanton display
(tabarruj), then it is not permissible.

2 – If you are selling them to people who you know will

use them for permissible kinds of adornment, then it is
permissible.

3 – If you do not know anything about the person who is

buying them, then the basic principle is that it is
permissible.

It is not permissible to sell them if the vendor knows that

the one who buys them is going to use them in ways that
Allaah has forbidden, because that is a kind of helping in
sin and transgression. But if he knows that the purchaser
is going to use them to adorn herself for her husband or
he does not know anything, then it is permissible for him
to deal in them.

See Fataawa al-Lajnah al-Daa’imah, 13/67.

And Allaah knows best.

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

22869: It is not permissible to sell gold for money unless the

full price is paid in the same sitting

Question:

I have a jewellery store and some of my relatives or friends

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come to me to buy gold, and they ask me to let them take

the gold and they will give me the money a day or two
after that. I am afraid that if I tell them that this is haraam,
this will lead to breaking of the ties of kinship.

Answer:

Praise be to Allaah.

It is not permissible to sell gold for money unless the

gold and the money are handed over in the same sitting.
This is what has been stated by the fuqaha’. This is called
taqaabud (a reciprocal taking possession of commodity
and its monetary equivalent by buyer and seller
respectively), in which the buyer takes the gold, and the
seller takes the money (in the same sitting). It is not
permissible to sell gold if there is no taqaabud. See
question no. 2239.

What you have to do is to explain this to those who buy

from you, and what a Muslim has to do is to listen and
obey whatever Allaah and His Messenger (peace and
blessings of Allaah be upon him) have commanded. You
are not doing this because you do not trust them, for
example, rather you are doing it in order to follow the
sharee’ah. You should explain this in a kind and gentle
manner.

Shaykh Muhammad ibn Saalih ibn ‘Uthaymeen (may

Allaah have mercy on him) was asked:

What is the ruling on giving gold before receiving the

money for it, if it is given to a relative because of the fear
of severing the ties of kinship and I am aware that he will
pay for it even if that is after some time?

He replied:

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You should be aware of the general principle that it is not

permissible to sell gold for money at all unless the price
is paid in full immediately. It makes no difference if the
customer is a relative or a stranger, because the religion
of Allaah does not favour one at the expense of the other.
If your relative gets angry with you for obeying Allaah,
then let him get angry, for he is the wrongdoer and sinner
who wants you to disobey Allaah, and in fact you have
honoured him by preventing him from entering into a kind
of transaction with you that is haraam. If he gets angry or
cuts off ties with you for this reason, then he is the sinner
and there is no sin on you.

Fiqh wa Fatwa al-Buyoo’, compiled by Ashraf ‘Abd al-

Maqsood, p. 389.

Islam Q&A

(www.islam-qa.com)

49045: It is not permissible to exchange old gold for new

gold and pay the difference in price

Question:

Is it permissible to exchange old gold that I have for new

gold, and pay the goldsmith the difference in price?.

Answer:

Praise be to Allaah.

It is not permissible to exchange low-quality gold for good

gold and pay the difference. This is haraam and is not
permissible, and the evidence for that is the report narrated
in al-Saheehayn and elsewhere in the story of Bilaal (may

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Allaah be pleased with him) who came to the Prophet

(peace and blessings of Allaah be upon him) with some
good dates and he said: “Where did you get these from?’
Bilaal said: I had some bad dates and I sold two saa’s of
them for one saa’ so that the Prophet (peace and blessings
of Allaah be upon him) might eat from it. The Messenger
of Allaah (peace and blessings of Allaah be upon him)
said: “Oh, do not do this, it is the essence of riba, the
essence of riba.” So Messenger (peace and blessings of
Allaah be upon him) explained that adding more to things
that should be regarded as equal because of the difference
in quality is the essence of riba, and it is not permissible
to do that. But as he usually did, the Messenger of Allaah
(peace and blessings of Allaah be upon him) showed him
a permissible way. The Prophet (peace and blessings of
Allaah be upon him) told him to sell the bad dates for
dirhams, then use the dirhams to buy good dates. Based
on this, we say that if a woman has low quality gold or
gold that people no longer wear, she can sell it in the
market, then take the money and buy good gold. She
should do it in this way that was taught to us by our
Prophet (peace and blessings of Allaah be upon him).
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him).
Fiqh wa Fataawa al-Buyoo’, complied by Ashraf ‘Abd
al-Maqsood, p. 386. (www.islam-qa.com)

49844: He is asking about dolls and three-dimensional toys,

and whether that affects his fast

Question:

Iam working in a toy shop we also sell dolls and human

shaped toys ,what is the ruling on this?

and is it permissible for me to open my fast later cause of

my work?.

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Answer:

Praise be to Allaah.

We have already explained that it is haraam to make

images and statues (question no. 7222) and that it is
haraam to buy and sell them (question no. 49676.

But if these images and dolls are toys for children, the
Sunnah indicates that they are permissible. In al-
Saheehayn it is narrated that ‘Aa’ishah (may Allaah be
pleased with her) said: “I used to play with dolls in the
presence of the Prophet (peace and blessings of Allaah
be upon him) and I had female friends who would play
with me…”

al-Bukhaari, 6130; Muslim, 2440.

Ibn Hajar said: This hadeeth indicates that it is permissible

to have images of girls (i.e., dolls) and toys for girls to
play with. This is an exception from the general meaning
of the prohibition on having images. This was stated by
‘Iyaad and was narrated from the majority. They permitted
the sale of dolls to girls so as to teach them from a young
age how to take care of their homes and children. Ibn
Hibbaan stated that it is permissible for young girls to
play with toys… According to a report narrated by Jareer
from Hishaam: “I used to play with dolls.” Narrated by
Abu ‘Awaanah and others. Abu Dawood and al-Nasaa’i
narrated from ‘Aa’ishah with a different isnaad that she
said: “The Messenger of Allaah (peace and blessings of
Allaah be upon him) came from the campaign of Tabook
or Khaybar…” and he mentioned the hadeeth about the
Prophet (peace and blessings of Allaah be upon him)
tearing down the curtain on which there were images,
that ‘Aa’ishah had put over her door. She said: And he
uncovered the niche in which were dolls that ‘Aa’ishah
used to play with. He said: “What is this, O ‘Aa’ishah?”

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She said: “My daughters (i.e., dolls).” She said: And he

saw among them a horse with two wings tied to it and
said: “What is this?” I said: “A horse.” He said: “A horse
with two wings?” I said: “Have you not heard that
Sulaymaan had horses with wings?” and he smiled.

The report mentioned by Ibn Hajar was narrated by Abu

Dawood, no. 22813; classed as saheeh by al-Albaani in
Ghaayat al-Maraam, 129.

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him)

said:

With regard to that which does not have complete features

and just has some limbs and a head, there is no doubt that
this is permissible and that it comes under the same
heading as the dolls with which ‘Aa’ishah (may Allaah
be pleased with her) used to play.

As for that which has complete features, as if you were

looking at a person, especially if it can move or has a
voice, then I feel hesitant to say that this is permissible,
because it is imitating the creation of Allaah. It seems
that the toys that ‘Aa’ishah used to play with were not
like this, so it is better to avoid them. But I do not say that
it is definitely haraam, because concessions may be
granted to young children that are not granted to adults in
such matters, because it is the natural inclination of young
children to play and have fun and they are not obliged to
do acts of worship so that we could say that a child is
wasting his time with this play. But if a person wants to
be on the safe side, let him remove the head or hold it
over the fire so that it becomes soft, then he can press it
so that the features disappear.

Majmoo’ Fataawa al-Shaykh, 2/277-278.

With regard to the questioner’s asking whether it is

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permissible to start fasting later on of this work, we do

not understand exactly what he means. If he means that
this work invalidates his fast and what is prescribed is to
make up the fast later on, then he should not work in this
haraam job. We have already explained that all sins affect
the fast and reduce the reward, and may cancel out the
reward altogether, if he does a lot of sins, but that does
not invalidate the fast and he is not commanded to make
it up. Rather he should refrain from committing these sins
at all times, especially in Ramadaan. See question no.
37877 and 37989.

If the question means something else, then we hope that

he will explain it so that we can answer.

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

49676: He is asking about selling pictures and statues

Question:

Is selling pictures and statues of animals haraam?.

Answer:

Praise be to Allaah.

We have already explained that it is haraam to

manufacture these statues, and that there is a stern warning
concerning that and that we are commanded to destroy
them. See the answer to question no. 7222. This ruling
applies equally to images of anything that has a soul,
whether it is a human being or an animal.

Based on that, with regard to the ruling on selling these

pictures and images, there is no doubt that if it is haraam

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to manufacture them and keep them, it is also haraam to

buy and sell them. It is proven in al-Saheehayn and
elsewhere that it was narrated from Jaabir ibn ‘Abd-Allaah
(may Allaah be pleased with him) that he heard the
Messenger of Allaah (peace and blessings of Allaah be
upon him) say in the year of the Conquest when he was
in Makkah: “Allaah and His Messenger have forbidden
the sale of alcohol, dead meat, pork and idols.” It was
said: “O Messenger of Allaah, what about the fat from
dead meat (i.e., from animals that have died of natural
causes)? For it is used to caulk ships and to grease hides,
and people use it in their lamps.” He said: “No, it is
haraam.” Then the Messenger of Allaah (peace and
blessings of Allaah be upon him) said: “May Allaah curse
the Jews, for when Allaah forbade animal fat, they
rendered it and sold it, and consumed its price.”

Al-Bukhaari, 2236; Muslim, 1581.

Al-Qaadi ‘Iyaad (may Allaah have mercy on him) said:

This hadeeth indicates that whatever we are forbidden to

eat or make use of, it is not permissible to sell it or to
consume its price.

Al-Haafiz Ibn Hajar (may Allaah have mercy on him)

said: This indicates that if a thing is forbidden in and of
itself, its price is also forbidden.

What al-Qaadi and Ibn Hajar mentioned is also proven in

a version of this hadeeth that was narrated from Ibn
‘Abbaas (may Allaah have mercy on him), at the end of
which it says: “When Allaah forbids eating a thing, He
also forbids its price.” [Musnad Ahmad, no. 2223].

Shaykh Ibn Baaz (may Allaah have mercy on him) was

asked: Is it permissible for a Muslim to sell statues and
make a living from that?

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He replied:

It is not permissible for a Muslim to deal in statues,

because it is proven in the saheeh ahaadeeth that it is
haraam to make images or statues of animate beings at
all or to keep them. Undoubtedly dealing in them means
that one is propagating them and helping others to make
images and set them up in homes, clubs and so on.

If that is haraam, then income earned by selling them is

also haraam. It is not permissible for a Muslim to make a
living from that or to buy food or clothing with that money.
If a person does that then he must get rid of that money
and repent to Allaah, and Allaah will accept his
repentance. Allaah says (interpretation of the meaning):

“And verily, I am indeed forgiving to him who repents,

believes (in My Oneness, and associates none in worship
with Me) and does righteous good deeds, and then remains
constant in doing them (till his death)”

[Ta-Ha 20:82]

We have issued a fatwa stating that it is haraam to make

images of any animate beings, whether the images are
three-dimensional or not, and whether they are made by
carving, copying, drawing or with a camera.

Al-Jawaab al-Mufeed fi Hukm al-Tasweer by Shaykh Ibn

Baaz, 49-50. Islam Q&A (www.islam-qa.com)

34587: It is not permissible to sell something that will be

used for sinful purposes

Question:

I heard from one of the shaykhs that it is permissible to

sell and sew women’s dresses that do not cover a woman

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properly, i.e., short dresses, and he quoted as evidence

the fact that the Messenger of Allaah (peace and blessings
of Allaah be upon him) gave ‘Umar ibn al-Khattaab (may
Allaah be pleased with him) a garment of red silk. When
‘Umar wore it and the Messenger of Allaah (peace and
blessings of Allaah be upon him) saw him, he said to
him: “I gave it to you so that you could give it to someone
as a gift, not so that you could wear it.” So ‘Umar gave it
to one of the people who had been his friends during the
Jaahiliyyah, or some such. Is what he says correct? If it is
correct, can this be used as an analogy to permit the sale
of cigarettes and tobacco, and women’s pants, and men’s
and women’s swimsuits, although Allaah says in His Book
(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]. Please explain, because there cannot be
any contradiction between the Qur’aan and Sunnah.

Answer:

Praise be to Allaah.

This hadeeth was narrated by al-Bukhaari, Muslim and

others in several places and with several isnaads, such as
the report narrated by al-Bukhaari in the chapter on trade
(tijaarah), concerning what it is makrooh for men and
women to wear, via Saalim ibn ‘Abd-Allaah ibn ‘Umar
from his father who said: The Prophet (peace and blessings
of Allaah be upon him) sent to ‘Umar a hullah (two piece
suit) made of silk, and he saw it on him (i.e., saw him
wearing it). He said: “I did not send it to you for you to
wear it, for it is worn by one who has no share in the
Hereafter. Rather I sent it to you so that you can benefit
from it” – i.e., sell it. This hadeeth indicates that it is
permissible to deal in clothes that we are permitted to use

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in one way but not in another, and it is permissible to

give them as gifts and donations, but the one to whom it
is given or donated has to use it the manner which is
permitted, not in the manner that is forbidden. For
example:

Gold jewellery, weapons, knives, grapes, etc, which can

be used in permissible ways or in haraam ways. It is
permissible to deal in them and to give them as donations
and gifts, so long as the one who buys them or is given
them will use them in permissible ways, such as selling
them, giving them, etc, and he will not make use of them
in haraam ways.

But if the thing is something which it is haraam to use in

any way and under any circumstances, then it is not
permissible to deal in it or to give it as a gift, such as
pigs, lions and wolves. There is nothing in the hadeeth to
indicate that it is permissible to sell the things mentioned,
so it is not correct to draw an analogy between selling
cigarettes, tobacco, and men’s and women’s bathing suits,
and selling things that may be used in some ways but not
others or in some situations and not others, because it is
haraam to use these things in all cases.

And Allaah is the Source of strength.

Fataawa al-Lajnah al-Daa’imah, 16/179-181 (www.islam-

qa.com)

39744: Ruling on selling TVs, VCRs and Playstation

Question:

I have a store selling electrical equipment. Is it permissible

for me to sell TVs, VCRs and Playstations and the disks

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that go in them, knowing that I do not know for what

purpose these items will be used?.

Answer:

Praise be to Allaah.

These items – TVs, VCRs, etc – are things that may be

used for good and bad purposes, but nowadays they are
usually used for evil purposes, such as viewing naked
women, and listening to idle entertainment such as music,
etc. In this case a person should act according to what he
thinks is most likely the case.

It is not permissible to sell them to anyone except one

who you think will most likely use it for permissible
purposes.

As for one whom you know or think it most likely will

use it for haraam purposes, it is not permissible for you
to sell it to him, 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]

It says in Fataawa al-Lajnah al-Daa’imah: “Everything

that will be used in a haraam manner, or which one thinks
will most likely be used in a haraam manner, it is haraam
to manufacture it, import it, sell it, and distribute it among
the Muslims.” Fataawa al-Lajnah al-Daa’imah, 13/109

The Standing Committee for Issuing Fatwas was also

asked the following question:

I work as an electronic engineer, and part of my work

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involves fixing radios, TVs, VCRs and similar equipment.

I hope you can advise me as to whether I should continue
in this work, noting that if I give up this work I will miss
out on a lot of experience and lose my profession for which
I have studied all my life, and leaving it might cause me
harm.

They replied:

The shar’i evidence from the Qur’aan and Sunnah

indicates that the Muslim must seek provision from halaal
sources. So you should look for work where your income
will be halaal. Some of the income from the work that
you mention is not halaal, because these machines are
usually used for haraam purposes.

Fataawa al-Lajnah al-Daa’imah, 14/420.

With regard to the Playstation and its disks, they come

under the same ruling as mentioned above. It is
permissible to sell them to those whom you think will
most likely use them for permissible purposes, and it is
haraam to sell them to those whom you think will most
likely use them for haraam purposes.

Many people nowadays use them for haraam purposes,

and instead of leisure being something to which a person
turns occasionally, leisure has become the main thing for
many people, and they spend a lot of their time, money
and energy on playing these kinds of games, and going to
clubs and swimming pools, travelling, sitting with friends,
going on trips, etc.

Many of those who use the Playstation and similar games

miss prayers because of them, and get distracted from
many of their religious and worldly interests, which makes
us certain that such things are forbidden.

But for those who can put things in their proper place,

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and play these games for a little while as a form of leisure,

but do not miss any of their duties or worldly or religious
interests because of them, whilst ensuring that the games
they play are free of evils such as music and pictures of
naked women, etc, then there is no sin in that, in sha
Allaah.

What matters is that the Muslim should strive to earn

halaal money in which there is nothing dubious. He should
remember the words of the Prophet (peace and blessings
of Allaah be upon him): “Every body that is nourished
from haraam sources, the Fire is more fitting for it.”
Narrated by al-Tabaraani and classed as saheeh by al-
Albaani in Saheeh al-Jaami’, 4519.

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

40354: Selling a grant before taking possession of it

Question:

Is it permissible to sell the number of a land grant given

by the state? Please note that the land has not been handed
over yet, and the person does not know when the handover
will be completed; he has only been given a number by
the municipality in which it gives the date of application
and the number of the application or the grant. He has
sold this number to another person and has taken the
money on the basis that on the appointed date for the
handover he will go back to the municipality and complete
the handover procedure, or he will give the buyer authority
(power of attorney) to complete the procedures and
transfer the land to his name after that.

Answer:

Praise be to Allaah.

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This transaction is not permissible, because this comes

under the heading of gharar (ambiguity, uncertainty), and
selling that which one does not have. The Prophet (peace
and blessings of Allaah be upon him) said: “Do not sell
that which you do not have.”

Narrated by al-Tirmidhi, 1322; classed as saheeh by al-

Albaani in Irwa’ al-Ghaleel, 1292.

Moreover the value of this land may fluctuate with time,

so this transaction involves ambiguity and uncertainty.

And this number is simply a promise which has not yet

become the possession of the one who has the paper or
number, so how can it be permissible for him to sell it?
The Prophet (peace and blessings of Allaah be upon him)
forbade selling that which a person does not possess.
Moreover, he does not know where the land is located. It
may be in an area where the price of land is high, or it
may be on the edge of town, or outside the town in an
undesirable location. And he does not know whether it is
in the middle of a residential area or on the edge; on a
main street or a back street; whether there is one street,
or two or three? All of these factors will affect the value
of the land and people’s interest in it.

Based on this, it is not permissible to sell the paper with

the number on it, the details of which he knows nothing
about. Rather the owner of the document should wait until
he gets the land and the grant is executed in reality, and
he gets the deed to the land which proves that he owns it
and defines its location and size. Then after that he can
sell it if he wants to.

And Allaah is the Source of strength.

Islam Q&A

(www.islam-qa.com)

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41620: Brief ruling on the “Business” company

Question:

I have been offered the opportunity to subscribe to the

“Business” program [a kind of multi-level marketing or
pyramid scheme], but I am a little hesitant because of the
ambiguity involved. I would like to know whether it is
permissible for me to join this program or not.

Answer:

Praise be to Allaah.

Joining the company mentioned and other similar

companies is not permissible because that involves
gambling and deceiving those who subscribe to it, pushing
people to buy something they do not need and consuming
wealth unlawfully; it also involves ambiguity, deceit and
unfair transactions.

If we were to ask honestly what is the purpose of most of

those who join the “Business” scheme – is it to benefit
from the software programs to be found in the first stage
of the operation? Or to get involved in marketing in order
to make a lot of money quickly in the second stage? –

The answer will undoubtedly be that the purpose of most

of them is to get involved in marketing, and the amount
of one hundred dollars which they pay in the hope of
earning money from marketing is like betting and
gambling. The subscriber pays one hundred dollars but
he does not know how much he will get in return for this
hundred, a lot or a little, sooner or later.

Moreover if the contract is presented in this manner this

involves tempting many unsophisticated people who join

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the scheme in the hope that they will be able to recruit

enough people to earn commission.

One of them complained to me that he made the mistake

of paying 40,000 riyaals to make a large number of
contracts in his name with different passwords, then he
found that what he earned was not enough to pay off the
loans that he had taken in order to join this “Business”
company.

This eagerness that we see in the large number of young

people who join this company in the hopes of getting rich
quickly makes us wonder about the soundness of this
transaction. Even if some of them manage to make a lot
of money, this is at the expense of other unsophisticated
people who will come to them as customers. Ultimately
they will never find people to come after them to increase
the size of their own pyramid. How can a believer agree
to get rich at the expense of his Muslim brothers’ wealth?

In order to solve this problem, the company has invented

a new trick which tempts those poor people (who lost
money and did not gain anything) and recruit them back
so that they will gain more and more money at the expense
of those people. This is done renewing their subscription
in return for a new amount of money after a year has
passed since the original contract, and so on.

They sweeten this deceit with the promise of new

programs and new publications of the original program
with the renewal (of the subscription), but without giving
a specific number of programs or new publications.

For more information see the detailed answer given in

question no. 40263.

Islam Q&A

(www.islam-qa.com)

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40263: Ruling on “Business” and other scams

Question:

A few months ago there appeared a company called

“Business” which does a kind of marketing. Its idea may
be summed up as follows: a person buys the company’s
products – which consists of programs (software), a web
site and e-mail – for 99 dollars, and after buying he is
given the opportunity to market its products to others in
return for a set commission.

Then this person convinces two others to join the program,

meaning that they both buy the company’s products, then
they will also have the right to attract other marketers in
return for commission.

Then each of these also convinces two more people to

join, and so on. In this way there will be a network of
followers who join the program, like a pyramid.
With regard to the way in which the commission is
calculated, the company stipulates that the number of
individuals who are attracted through the purchaser
(participant) and those under him in the pyramid should
be no less than 9 in order to earn the commission. But
this is on the condition that the number of members under
each of the first two cannot be less than two, and the
commission will be . The commission is paid for each 9
persons, and each nine persons in the pyramid scheme is
called a level.

Because the pyramid may increase in size each time a

new level is added to it, this commission increases greatly
every time.

So if we assume that the pyramid grows each month, i.e.

that each month two people join each person in the

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pyramid (as is assumed by the company, according to its

website), this means that the commission that the member
gets will be more than ,000 in twelve months, and it will
keep growing every month.

This is what is so tempting about these schemes. For a

small amount of money, no more than 0, the participant
can get hundreds or thousands times that amount.
Hence these companies market these schemes with
promises of great riches within a short period of time, by
developing and increasing the size of the pyramid.
My question: What is the ruling on this operation,
especially since it is so widespread and there are so many
different opinions on it?.

Answer:

Praise be to Allaah.

When discussing these operations which spread quickly

and which are very unclear and ambiguous to ordinary
people, as well as being very tempting, we must note two
points:

1 – The shar’i ruling that is based on the texts and

principles of sharee’ah, as well as on a clear understanding
of this issue as it is, what it leads to, and what its
background is.

2 – We must train ourselves to follow the shar’i ruling

and not be deceived by specious arguments.

Since this matter requires lengthy discussion, we will give

a brief answer, followed by a discussion of the relevant
shar’i principles, then we will answer in more detail.

Brief answer to this question:

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Based on the way that this “Business” operation is carried

out and what it really is, and what the representatives of
this company have mentioned of information and
conditions, and the evidence and conditions quoted by
those who have discussed it to justify either allowing or
disallowing it, and by measuring all of that against the
Qur’aan and Sunnah and the shar’i principles concerning
transactions, and the views of the scholars, it is clear that
this operation is haraam, for a number of reasons,
including the following:

1 – This operation is based on gambling and consuming

people’s wealth unlawfully. It involves deceit and
tempting people to earn a lot of money. It exploits their
love of accumulating wealth. Allaah says (interpretation
of the meaning):

“O you who believe! Intoxicants (all kinds of alcoholic

drinks), and gambling, and AlAnsaab (stone altars for
sacrifices to idols, jinn etc), and AlAzlaam (arrows for
seeking luck or decision) are an abomination of
Shaytaan’s (Satan’s) handiwork. So avoid (strictly all) that
(abomination) in order that you may be successful” [al-
Maa’idah 5:90]

“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: “Your blood and your wealth are sacred to you
as this day of yours in this land of yours in this month of
yours is sacred.” Narrated by Muslim, 2137. This analogy
in the hadeeth serves to make this prohibition very
emphatic indeed.

2 – After a thorough examination of this issue, it is clear

that introducing the product – which is software programs,

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a web site and e-mail – does not change the ruling on this
operation, because it is obvious that the product is not
what most of those who rush to buy actually want, as is
proven from the evidence mentioned in the detailed
answer. Introducing this product in this manner makes it
even more haraam, because it involves trickery that leads
to a haraam transaction which is a kind of gambling.

3 – This operation is unlike the kind of commission that

is permitted, in several ways: one has to pay money in
order to enter the scheme, unlike the commission that
requires no such condition. The purpose is not to sell the
product to those who need it, rather the purpose is to build
an incentive system. Even if we accept that this is
commission, it is still haraam because it involves cheating
the purchaser and raising false hopes and being insincere
towards him. Based on this, the view of those who permit
it on the grounds that it is commission is not correct.
Perhaps the reason for that is that this matter has not been
described to them as it really is, or the one who issued
this ruling did not understand it properly. This ruling is
applicable to many kinds of dealings and transactions that
occur nowadays in the marketing field.

Those who wish to learn more will find detailed discussion

of these points in the detailed answer and in the discussion
of basic principles given below.

Detailed Answer:

Before giving a detailed answer to this question, and in

order to train ourselves to accept the rulings of sharee’ah,
we should start by noting some of the basic principles of
sharee’ah etc which will help the Muslim – who submits
to the rulings of Allaah – to deal with this operation and
similar schemes devised by business-minded people, in a
confident manner, especially when the following five main
factors are present in these operations:

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1- Widespread media and advertising media

2- Ease of financial transfer by means of credit cards and

the like

3- Increased need for money among ordinary people,

because of excessive desire to accumulate non-essentials

4- Greed and love of money in human nature

5- Lack of religious commitment and desire to seek halaal

provision among many Muslims

There follow a number of principles that will help us to

deal with this kind of operation and similar types which
are bound to appear in the future, so we should pay
attention to these details:

1 – The fitnah (temptation) of money is one of the greatest

fitnahs that can affect man’s religious commitment and
the blessing of what he already has of wealth and children.
So we must beware of that and seek to ensure that the
sources of our wealth are permissible.

2 – Avoiding doubtful issues is a principle that is well

known in Islam, even if one is not quite certain that the
doubtful matter is in fact haraam. The Prophet (peace and
blessings of Allaah be upon him) said: “What it halaal is
clear and what is haraam is clear, and between them lie
doubtful matters which many people do not know about.
Whoever is avoids the doubtful matters has protected his
religious commitment and his honour, but whoever falls
into doubtful matters will fall into that which is haraam.”
Narrated by al-Bukhaari, 52; Muslim, 1599.

3 – “If any of this money comes to you without you asking

for it or hoping for it, then take it, but do not think about
it or hope for it.” Narrated by al-Bukhaari, 138, in a
marfoo’ report. This means: do not let yourself dwell on

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thoughts of money that you do not have, or let that make

you feel sad if you do not get it. The prohibition on
thinking about it mentioned in this hadeeth refers to being
given a gift of something that is permissible – so how
about if you dwell on thoughts of dubious wealth, or
wealth that is haraam? This will inevitably lead to more
negative effects and should be shunned even more.

4 – “Whoever gives up something for the sake of Allaah,

Allaah will compensate him with something better than
it.” Narrated by Ahmad and classed as saheeh by al-
Albaani. This includes both the one who gives up
something haraam and the one who gives up something
concerning which there is doubt.

5 – Blessing in wealth, even if it is little, is better than

seeking to increase wealth in haraam or dubious ways.

6 – The Muslim should strive to be completely honest

with himself in recognizing his motive in joining such
schemes. Is he hoping to get money and needs the product
as a means to reduce guilt and ward off blame, or is the
product itself what he basically wants? He should note
that whatever he conceals of his intentions is known to
Allaah who knows what is secret and what is yet more
hidden, and He will ask him about that and bring him to
account.

7 – The ruling on a matter is based on the way in which it

is understood. Withholding some information from the
mufti does not allow you to follow his fatwa, and that
does not excuse the one who follows it from blame, so
long as he knows that the mufti does not have the full
picture.

8 – “Righteousness is that with which the heart feels at

ease, and sin is that which you feel uneasy about, even if
the people give you fatwa after fatwa.” Narrated by

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Ahmad, 17320. Al-Albaani said in Saheeh al-Targheeb,

1734, it is hasan li ghayrihi.

9 – If the one who consumes haraam wealth acknowledges

that he is doing something haraam, this is less serious
than one who consumes it by means of deceit and trickery,
because the latter has added another sin to his
consumption of haraam wealth, which is his trying to
deceive Allaah. Ibn al-Qayyim said:

“Changing the definition and name of things that are

haraam when their essence remains the same is even more
evil, as well as involving an attempt to deceive Allaah
and His Messenger, and claiming that Islam accepts
trickery, deception, cheating and hypocrisy, and that
sharee’ah forbids something because it is evil but then
allows it when it becomes even worse. Hence Ayyoob al-
Sakhtiyaani said that some people try to cheat Allaah like
they cheat children. If they were to commit the sin
believing that it is a sin that would be less serious.”

Ighaathat al-Lahfaan, 1/354.

10 – If it is proven to a person that a thing is haraam, then

he must stop thinking about it and should feel no regret
for not having it when he sees that others have it. He
should praise Allaah for having saved him and ask Him
to make him hate haraam things no matter how great they
are, and help him always to avoid them, and help him to
strive against his nafs (self) to stop thinking about it.

11 – The rulings of sharee’ah are based on complete

knowledge and wisdom. It pays attention to the common
interest even if that involves something that he thinks
may be detrimental to his own personal interests. So the
Muslim should not think only of his own personal gains
and overlook the aims of sharee’ah which seeks the
common interest.

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With regard to the detailed answer, it may be summed up

in the following three points:

Firstly: The way this operation is done is very similar to

so called pyramid schemes or multi-level marketing
(MLM), even though it may not be exactly the same in
all aspects. Pyramid schemes are based on an incentive
system, and those who invented them in the west looked
only at earning money, with no attention to the question
of whether the source is permissible or not. If we assess
this system in the light of the texts and principles of
sharee’ah, it will become clear that it is haraam from a
number of angles, such as:

(i) It is based on consuming people’s wealth unlawfully,

because this pyramid will inevitably have a final level,
and these people will definitely lose out to the interests
of the higher levels. The pyramid can only grow when
there are people who will lose out to the interests of the
higher levels which will collect insanely high
commissions. In the last two levels of every branch there
will be two levels, the first of which is lying and giving
false hope to the next level of making a profit, and the
last level which will be fooled and cheated, because it
will buy but will never find someone to sell to. We have
already mentioned above the verses and hadeeth which
sternly forbid consuming people’s wealth unlawfully.

(ii) It is based on gambling, which means that a person

pays money in return for which he may get more money
than he paid, or he may lose his money. This is what
happens to those who join such schemes. This is one of
the most important and clearest reasons for it being
haraam.

(iii) Because pyramid schemes involve a lot of cheating

and deception, they have been banned and outlawed by
many kaafir western systems – if they appear in a form

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where there is no product for sale – even though those

systems allow riba and gambling in principle – and their
experts have warned against them. (See the following
website and its many links: http://skepdic.com/
pyramid.html)

Based on the above, the “Business” operation mentioned

in the question is haraam for many reasons, because it
resembles pyramid schemes in the main reason why it is
haraam, which is th1at it is a form of gambling and
consuming people’s wealth unlawfully.

Secondly: Including a product in such a program does

not make it permissible or remove the reasons why it is
haraam, rather it makes it even more emphatically haraam,
because this is a kind of trickery aimed at making this
operation acceptable and giving the impression that the
product is the main objective. But “Changing the
definition and name of things that are haraam when their
essence remains the same is even more evil, as well as
involving an attempt to deceive Allaah and His
Messenger.” Ighaathat al-Lahfaan, 1/354

It seems that the product has no effect of rendering the

operation permissible for the following reasons:

(i) The most important motive for participants is the

marketing, not the product, based on the fact that these
kinds of programs and services existed many years before
this company appeared and still exist, for a lower price!
What is making so many people rush towards these
schemes, and this particular company, apart from the
hopes of the income generated by joining this scheme?

(ii) The suggestion that the products are useful and easy
to operate and have distinct features that make it worth
paying one hundred dollars for them is a flawed argument,
because this program has no copyright preventing

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individuals making use of the site through the one who

has already joined, without the new user paying anything.
Indeed if one individual subscribes, dozens could use it
and benefit from all the services offered on the site. It
only has copyright protecting other companies from using
it. What motive is there to spend money on it except to be
part of this pyramid scheme which is in effect gambling?

(iii) There is an essential condition for joining this pyramid

scheme, which is that one buys the product for more than
the price of similar products in order to obtain more
commission and to use the company’s website for
advertising and marketing. Temptation leads people to
pay the exorbitant price in the hope of recouping it and
making more by means of the marketing which is the
primary purpose for joining. This is the essence of
gambling which is forbidden in sharee’ah.

(iv) The mention of tempting commission in return for

marketing is what motivates people to buy and join the
scheme, because usually they do not buy unless this
commission is mentioned, and because some may even
agree to buy without checking on the products they are
buying, or without needing them in the first place. The
fact that many people do not benefit from most of the
programs confirms this further; in fact some of them do
not even use the programs at all.

(v) The amount required to join - – is equivalent to a

month’s salary or more in some countries, so ordinary
people would not pay such an amount and join this
scheme, unless there is the hope of making a lot of money.
Yet despite that many people join and even take out loans
for that purpose.

(vi) When those who join for the sake of the product find
out the company states that three-quarters of what they
paid is spent on marketing instead of using advertising

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agencies, this motivates them to take part in marketing in

order to recoup what they have paid in excess of the
product’s value. So they get involved in the marketing
process, then they get carried away and do not stop at
making up what they have lost, rather they keep going.

(vii) Some enthusiasts buy the company’s product more

than once and some, as they have themselves admitted,
buy it one hundred times! Even though they know that
buying it once guarantees that the purchaser will benefit
from all the company’s programs at any time. No one
would doubt that this is a form of gambling, and clearly
indicates that the aim of this operation is gambling.

(viii) The company obliges purchasers to continue

marketing and earning high commissions by renewing
their subscriptions annually for the same amount, on the
basis that they are going to add new services. But these
new services – even if they are real – still add up to buying
something unknown for a set price, because the new
services may be small, or they may contain new programs
that the subscriber has no need of. So this purchase is
haraam because it involves deceit and ambiguity, as one
of the parties has no idea what he is buying.

(ix) The individual should check himself and understand

his intentions in joining this program. That will enable
him to understand that the aim is to make him join a
pyramid scheme, especially when he can get whatever he
needs of these programs and services for free or for much
less on other sites, as well as having the option of not
buying things he does not need.

Thirdly: This operation does not come under the heading

of brokerage that is permissible, because it is different
from it in several essential ways. Those muftis who stated
that it is a kind of brokerage only answered questions in
which no details were mentioned that would give a proper

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picture of the issue, thus these fatwas do not reflect reality.

One of the conditions for a ruling to be valid is that it
must be based on proper understanding of the issue. Based
on this, it is not permissible to follow one whose ruling is
known to be based on an imperfect understanding of the
issue.

The differences between this operation and permissible

brokerage include the following:

(i) Brokerage refers to when a middleman points out a

product or some benefits that are sought in and of
themselves, where ultimately the one who acquires the
product will benefit from it. The marketing offered by
this company is simply opportunities for marketing to
people who will sell it to others, and it will ultimately
reach a person or persons who will not get what they hoped
for from the transaction.

(ii) In brokerage there is no condition which requires the

broker to pay any money because it is not in the interests
of the owner of the product to discourage the broker by
imposing the condition that he pay him or buy from him.
But in the case of this marketing, the one who wants to
be a part of it is obliged to pay a sum of money, included
in the price of the program, in order to join it or benefit
from it, so that he can become a marketing agent. Then
he has to renew the payment annually in order to continue
marketing.

(iii) The broker is keen to look for more people who need
the product, whereas the marketing agent looks for those
who are most able to market the program, regardless of
whether they need it or not.

(iv) The broker has nothing to do with what the purchasers

do with the product, whereas the marketing agent in these
schemes needs to market the product continually, so that

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he can complete the numbers required in order to earn

his commission.

(v) In the case of brokerage, the broker earns according

to how much he sells, but in this scheme two people may
have a share in the number of people to whom the product
is marketed, directly or indirectly, but there may be a huge
difference in the commission they earn because of the
conditions that they stipulate as to how commission is
earned. This confirms the fact that the main aim is multi-
level marketing, not promotion of the product.

These five differences between the two operations

demonstrate the essential differences between them,
which means that the “Business” scheme cannot be
regarded as permissible when compared with brokerage,
especially since there are many factors in the “Business”
program which render it haraam, as stated above.

(vi) If we assume that it is a kind of brokerage – which is

not correct – then it is still haraam because this marketing
agent cannot state to the one to whom he presents this
product that there is a similar product offered by other
companies for one-quarter or one-half of their price, or
that he may not need some of what is on offer, let alone
the fact that he could benefit from the program by going
to the company’s site and using the marketing agent’s
password, without affecting him or paying him anything.
He has to focus on the large commission that he will earn
if he buys and markets the product.

(vii) Those who regard it as a kind of brokerage and say

that it is permissible stipulate that the marketing thereof
should not involve any kind of deceit and should not praise
the product for qualities that it does not possess. But these
conditions are not usually met by many marketing agents
for the reasons mentioned above.

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From this detailed answer it should be clear that this and

similar programs are haraam. Our advice here to the
owners and representatives of these companies is that they
should fear Allaah by looking for sources of income that
are definitely not haraam or dubious, and that they should
fear Allaah with regard to the wealth of their Muslim
brothers before there comes a time when there will be no
dirham and no dinar, only hasanaat (good deeds) and
sayi’aat (bad deeds), and there will be nothing but Paradise
or Hell. May Allaah send blessings and peace upon our
Prophet Muhammad and all his family and companions.

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

34674: Selling things that we are not permitted to wear

Question:

I heard some people say that it is permissible to sell and

to sew women’s dresses that do not cover the woman
properly – i.e., short dresses – because the Prophet (peace
and blessings of Allaah be upon him) gave to Umar ibn
al-Khattaab (may Allaah be pleased with him) a red silk
garment, and when ‘Umar wore it and the Messenger of
Allaah (peace and blessings of Allaah be upon him) saw
him, he said, “I gave it to you so that you could give it as
a gift, not so that you could wear it.” So ‘Umar gave it to
someone who had been one of his friends during the
Jaahiliyyah.

Is this view correct?

If it is correct, then can we draw the analogy from this

that it is permissible to sell cigarettes, tobacco, women’s
pants and revealing swimsuits for men and women, even
though Allaah says (interpretation of the meaning):

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“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] ?

I hope you can explain. May Allaah bless you and keep
you.

Answer:

Praise be to Allaah.

This hadeeth was narrated by al-Bukhaari (2104) and

Muslim (2068) and others, in several places and via
several isnaads. For example, al-Bukhaari narrated it
under the heading Baab al-Tijaarah fima yukrah libsuhu
li’l-rijaali wa’l-nisa’ (Chapter on dealing in things that
are makrooh for men and women), via Saalim ibn ‘Abd-
Allaah ibn ‘Umar from his father, who said: The Prophet
(peace and blessings of Allaah be upon him) sent a hullah
(garment) of silk and he saw him wearing it and said, “I
did not send it to you for you to wear it, for the one who
wears it is one who has no share (in the Hereafter). Rather
I sent it to you so that you could make use of it,” i.e., sell
it.

This hadeeth indicates that it is permissible to deal in

clothes that may be used in one way but not in another,
and it is permissible to give them to others, and the one
who buys such a thing or to whom it is given has to use it
in ways that are permissible, not in ways that are
forbidden. Examples of that include gold jewellery,
weapons, knives, grapes and other things that may be used
for halaal or haraam purposes. It is permissible to deal in
them and to give them to others.

The one who buys or is given such things must use them

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in ways that are permissible, such as selling them, giving

them as gifts, etc; he should not use them in any way that
is forbidden.

But if the thing is something that is forbidden to use in

any way, then it is not permissible to deal in it or to give
it as a gift, such as pigs, lions and wolves. There is nothing
in the hadeeth to suggest that it is permissible to sell the
things mentioned in the question, so it is not valid to draw
an analogy between selling cigarettes, tobacco and
revealing swimsuits for men and woman and selling things
that may be used in one way but not another, or under
some circumstances but not others, because it is haraam
to use them in all circumstances.

And Allaah is the Source of strength.

Al-Lajnah al-Daa’imah li’l-Buhooth al-‘Ilmiyyah wa’l-

Ifta’, 16/179. (www.islam-qa.com)

22756: Developing websites for selling haraam things

Question:

I am a web developer, and I recently developed a site for

a client. This client sells CD’s, he has a music store here
in the US. I did give him tips on how to promote his site
on the net .

Is it okay that build and help this person setup his web
store? .

Answer:

Praise be to Allaah. The basic principle in sharee’ah is

that when Allaah forbids a thing, He forbids its price.

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Singing and music are haraam and are not permissible,

because of the hadeeth narrated by al-Bukhaari, according
to which the Prophet (peace and blessings of Allaah be
upon him) said: “There will be people among my ummah
who will permit adultery, silk, alcohol and musical
instruments.” The evidence that singing is haraam has
been discussed elsewhere – see questions no. 5011 and
5000.

If it is clear to you that these things are haraam, then it is

not permissible to help people with haraam things,
because Allaah says (interpretation of the meaning):

“…but do not help one another in sin and transgression”

[al-Maa’idah 5:2]

You have to seek that which is permissible and good, and

avoid haraam work or helping others to do that which
Allaah has forbidden, because the Prophet (peace and
blessings of Allaah be upon him) said: “Allaah is Good
and only accepts that which is good. Allaah enjoins upon
the believers that which He has enjoined upon the
Messengers. 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-Mu’minoon 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]

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Shaykh Dr. Khaalid ibn ‘Ali al-Mushayqih

We advise you not to work with the owners of this website,

because the money that you get from developing haraam
websites is considered to be haraam money and this is
haraam. The Prophet (peace and blessings of Allaah be
upon him) said: “There is no flesh that is nourished by
haraam things, but the Fire will be more entitled to it.”
Narrated by al-Tirmidhi, 558; classed as saheeh by al-
Albaani in Saheeh al-Tirmidhi, 501.

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

34325: Buying gold through a site on the internet

Question:

There is a company selling gold via the internet. Is it

permissible to buy from them or to bring them customers
and receive payment for that?.

Answer:

Praise be to Allaah.

It is well known in Islam that when buying gold for

currency, the exchange should take place in the same
sitting where the transaction is agreed upon, because the
Prophet (peace and blessings of Allaah be upon him) said:
“Gold for gold, silver for silver, like for like, same for
same, hand to hand… If it is an exchange of one of these
things for another, then sell as you like, so long as it is
hand to hand.”

Narrated by Muslim, 1578.

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I think that buying gold via the internet is not a transaction

that is conducted hand to hand, because you are sending
the money to them then they send that gold to you after a
while. If that is the case, then buying and selling in this
manner is haraam, and it is haraam for you to bring
customers to this company, because Allaah says
(interpretation of the meaning):

“but do not help one another in sin and transgression”

[al-Maa’idah 5:2]

But if the money and goods are exchanged immediately

in one sitting, then it is permissible for you to tell people
about them and to bring customers to this company, and
to receive payment for that.

We ask Allaah to make our provision halaal. May Allaah

send blessings and peace upon our Prophet Muhammad
and his family and companions.

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

32752: Selling video tapes and keeping a TV and VCR

Question:

Is selling video and audio tapes haraam?.

Answer:

Praise be to Allaah.

If the audio and video tapes are free of haraam content,

then it is permissible to listen to them, watch them, buy
them and sell them. What is meant by haraam is if they
contain immorality, music and pictures of unveiled

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women. The same applies if they contain kufr or bid’ah –

except for one who intends to refute them and is qualified
to do so.

The Standing Committee was asked: Is it permissible to

sell tapes of singing such as tapes of Umm Kalthoom,
Fareed al-Atrash and their like?

They replied:

“Selling these tapes is haraam, because of the haraam

songs that they contain. Listening to them is also haraam.
It was narrated in a saheeh hadeeth that the Prophet (peace
and blessings of Allaah be upon him) said: ‘When Allaah
forbids a thing He also forbids its price.’”

From Fataawa al-Lajnah al-Daa’imah, 13/48

Shaykh Ibn Baaz (may Allaah have mercy on him) was

asked about trading in video tapes in which unveiled
women appear and in which stories of love are told – is
the businessman’s money haraam? What should he do?
How can he get rid of these tapes?

He replied:

It is haraam to sell or keep these tapes, or to listen to

them or watch them, because they promote fitnah and
immorality. They must be destroyed and the one who deal
with them should be denounced, so as to prevent
immorality and to protect the Muslims from the causes
of fitnah.

Fataawa Islamiyyah, 2/369.

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him)

was asked about the trader who deals in tapes of songs
that also include musical instruments, immoral speech,
promiscuous love, promotion of corruption, and spreading

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immorality between the sexes, and renting stores to people

who sell these kinds of tapes.

He replied:

If these tapes contain the kinds of things that you mention,

of all kinds of musical instruments, promotion of
corruption and immorality, spreading promiscuity
between the sexes, obscene talk and promiscuous love,
then no wise person, let alone one who believes in Allaah
and the Last Day and fears the punishment of Allaah and
hopes for His reward, will doubt that selling these tapes
and listening to them is haraam and is an evil action,
because they destroy morals and society, and expose the
ummah to punishment on an individual and general basis.

Any person who has any of these tapes should repent to

Allaah and erase whatever is on them, and replace them
with something useful.

With regard to the money earned by selling them and

dealing in them, it is haraam money which is not
permissible to its owner, because the Prophet (peace and
blessings of Allaah be upon him) said: “When Allaah
forbids a thing, He also forbids its price.”

With regard to renting out stores to people who sell these

kinds of tapes, that is also haraam, and the rent taken for
that is haraam, because this is a kind of co-operating in
sin and transgression which Allaah has forbidden as He
says (interpretation of the meaning):

“but do not help one another in sin and transgression”

[al-Maa’idah 5:2]

The sin of those who buy them is upon them, but it is not
farfetched to say that the seller and landlord of the store
will also share some of the burden of sin, without that

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detracting in the slightest from the burden of those who

buy them. And Allaah knows best.”

Fataawa Islamiyyah, 2/370.

And it says in Fataawa al-Lajnah al-Daa’imah, 13/46:

It is permissible to keep a TV and VCR in your house, if

you can control yourself and only use them to listen to
religious lectures and beneficial knowledge, recitation of
Qur’aan and business news, political news and other
permissible things.

If you cannot do that, then do not sell it, because it is

most likely that the one who buys it from you will use it
for idle entertainment and all the haraam things for which
it is used. Rather you should destroy what you have of
such things, so as to get rid of evil, and you will be
rewarded for that. But if you find someone whom you
think will most likely use them for permissible things,
then there is nothing wrong with your selling them to
him.

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

13724: Ruling on selling silver riyals for paper riyals at

different rates

Question:

What is the ruling on selling silver riyals for paper riyals

at different rates?.

Answer:

Praise be to Allaah.

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Jurisprudence and Islamic Rulings

There is some confusion concerning this matter. Some

modern scholars were certain that this is permissible,
because paper money is something other than silver.
Others said that it is haraam, because paper money is
currency that is common among people, and it has taken
the place of silver, so it comes under the same rulings. As
for my own view, at present I am not sure of either opinion,
but I think that to be on the safe side it is better not to do
that, because the Prophet (peace and blessings of Allaah
be upon him) said, “Leave that which makes you doubt
for that which does not make you doubt.” And he (peace
and blessings of Allaah be upon him) said: “Whoever
keeps away from ambiguous matters is protecting his
religion and his honour.” And he (peace and blessings of
Allaah be upon him) said: “Righteousness is a good
attitude and sin is that which makes you uncomfortable
and you do not want people to see you doing it.”

So in order to be on the safe side it is better to sell silver

coins for something else, such as gold etc, then buy paper
money with that. If the one who has paper money wants
to buy silver coins he should sell the paper for gold etc.,
then use that to buy the silver coins he wants.

Majmoo’ Fataawa wa Maqaalaat li’l-Shaykh Ibn Baaz,

6/400 (www.islam-qa.com)

22390: Buying gold coins with images

Question:

Are Muslims allowed to purchase and promote selling

gold coins with figures?.

Answer:

Praise be to Allaah.

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 Transactions - Part 6

If the question has to do with buying and dealing in gold

coins that have images of animate beings, then the matter
is subject to further discussion.

1 – If these coins are used for adornment, whether they

are worn or hung on walls etc., it is not permissible to
sell them or deal in them.

It says in Fataawa al-Lajnah al-Daa’imah, 13/74:

Whatever has an image of any animate being on it,

whether it is a gold or silver coin or paper money, or it is
fabric or an implement, if it is bought to be hung up on
walls or other things which are not considered to be
treating it in a disrespectful manner, then dealing in it is
haraam, because of the general meaning of the prohibition
on image-making and using images of animate beings.

2 – If these coins are currency that is in circulation, there

is nothing wrong with carrying them and dealing in them.
They are like the gold dinars that the Muslims used during
the first century, before they had their own dinars during
the reign of ‘Abd al-Malik ibn Marwaan (may Allaah have
mercy on him). But that is only permissible when there is
a need.

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him)

said:

As for a man carrying money with pictures of kings and

presidents that the Muslims are faced with nowadays, this
is an old issue which the scholars have discussed. The
people used to carry European guineas on which there
was a picture of a horse and knight, and they used to carry
the French réals on which there was a picture of the head
and neck of a bird. What we think about this is that there
is no sin on a person who carries it because he has a need
to do so, because a person has to carry some money in his

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pocket, and not allowing the people to do so would cause

them hardship. Allaah says (interpretation of the
meaning):

“Allaah intends for you ease, and He does not want to

make things difficult for you”

[al-Baqarah 2:185]

“and has not laid upon you in religion any hardship”

[al-Hajj 22:78]

It was narrated in a saheeh hadeeth that the Prophet (peace

and blessings of Allaah be upon him) said: “Religion is
very easy and whoever overburdens himself in his religion
will not be able to continue in that way. So you should
not be extremists, but try to be near to perfection and
receive the good tidings that you will be rewarded.”
(Narrated by al-Bukhaari). And he said to Mu’aadh ibn
Jabal and Abu Moosa when he sent them to the Yemen:
“Be easy going and not harsh, give glad tidings and do
not put people off.” And he said to the people when they
rebuked the Bedouin who urinated in the mosque: “Leave
him, for you have been sent to be easy going, you have
not been sent to be harsh.” (These two reports were also
narrated by al-Bukhaari).

So if a man carries money or an identity card or a driving

licence on which there are images, and he needs it or fears
that he may need it, there is nothing wrong with that and
there is no sin on him in sha Allah, for Allaah knows that
he dislikes these images and does not approve of them,
and that if he did not need it he would not carry it.

From Majmoo’ al-Fataawa, 2/280

The Standing Committee was asked the following

question:

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There are some issues which cause me a great deal of

anxiety, one of which is the issue of the pictures on the
money that we have and which we bring into the mosques
in our pockets. Is our bringing it into the mosques one of
the things that will make the angels leave, so that it is
haraam to bring it in? Is this considered to be one of the
things that are used in a disrespectful manner? Because
images that are treated in a disrespectful manner do not
prevent the angels from entering houses.

The Committee replied:

The pictures on money are not something that is under

your control. You have no choice but to own money, keep
it in your house and carry it with you so as to make use of
it in buying, selling, giving gifts and charity, paying off
debts and other purposes that are prescribed in sharee’ah,
so there is no sin on you, even though this money is not
usually handled with disrespect because of its value.
Rather there is no sin on you, because that is due to
necessity.

From Fataawa al-Lajnah al-Daa’imah, 1/485.

But if what is meant is buying gold coins with paper

currency, there is nothing wrong with that if it is hand to
hand, because the Prophet (peace and blessings of Allaah
be upon him) said: “Gold for gold, silver for silver, wheat
for wheat, barley for barley, dates for dates and salt for
salt. Like for like, equal for equal, hand to hand. If you
are trading different kinds of good, then sell however you
like, so long as it is hand to hand.”

(Narrated by Muslim, 1587 from the hadeeth of ‘Ubaadah

ibn al-Saamit, may Allaah be pleased with him).

The currency that exists nowadays is sui generis, and it

comes under the same rulings as gold and silver. If you

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buy gold or silver with it, the transaction must take place
immediately, because the Prophet (peace and blessings
of Allaah be upon him) said: “If you are trading different
kinds of good, then sell however you like, so long as it is
hand to hand.”

And Allaah knows best.

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

22907: Selling beer and lottery tickets

Question:

Is it okay to sell beer and lottery tickets, what does islam

says about this .

Answer:

Praise be to Allaah.

Beer is a kind of khamr (alcohol), and the lottery is a

form of gambling, both of which Allaah has forbidden,
as He says (interpretation of the meaning):

“O you who believe! Intoxicants (all kinds of alcoholic

drinks), and gambling, and AlAnsaab (stone altars for
sacrifices to idols etc), and AlAzlaam (arrows for seeking
luck or decision) are an abomination of Shaytaan’s
(Satan’s) handiwork. So avoid (strictly all) that
(abomination) in order that you may be successful”

[al-Maa’idah 5:90-91]

The ruling on lotteries has been explained previously. See

Question no. 6476

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Based on this, it is not permissible to sell beer and lottery

tickets, because this is a kind of cooperating in sin and
transgression, and 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]

So you have to give up this work immediately. The

believer should realize that whoever gives up something
for the sake of Allaah, Allaah will compensate him with
something better than that. If a person puts his trust in his
Lord, He will grant him the means of provision, as 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).

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)

2147: Bay’ al-Wafaa’

Question:

What is Bay’ al-Wafaa’ and what are the rulings

concerning it?

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Answer:

Praise be to Allaah

Bay’ al-Wafaa’ means selling something on the condition

that when the vendor pays back the money he accepted,
the purchaser will return the item to him.

The scholars have decided the following:

This transaction is in reality a loan which leads to benefits

for the lender, and is an attempt to get around the
prohibition on ribaa. The majority of scholars said that
this is not a valid transaction.

This contract is not permissible according to sharee’ah.

Majma’ al-Fiqh al-Islami, p. 146 (www.islam-qa.com)

21770: Prohibition on buying something which you have

given in charity

Question:

I have read a hadeeth which says, “Do not take back what
you gave in charity, even if he would give it to you for a
dirham.” Is it permissible for a person, if he has given
something in charity to a poor person, to buy it back after
that?

Answer:

Praise be to Allaah.

This hadeeth was narrated by al-Bukhaari (1490) and

Muslim (1620) from Ibn ‘Umar (may Allaah be pleased
with him) who said: “I gave a horse to a man to use it in

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jihad for the sake of Allaah, but the one who was keeping
it did not look after it properly. I wanted to buy it back
and I thought that he would give it to me for a cheap
price. I asked the Prophet (peace and blessings of Allaah
be upon him), and he said, ‘Do not buy it, and do not take
back what you gave in charity, even if he would give it to
you for a dirham, for the one who takes back his charity
is like one who takes back his own vomit.’” According to
another version, “The one who takes back his charity is
like a dog which takes back its own vomit.”

The prohibition on buying back one’s charity is because

it is given for the sake of Allaah, so one should not have
any attachment to it. Buying it back implies that one is
still attached to it. This prohibition also exists so that the
vendor will not try to do the giver a favour, which would
result in him benefitting from his charity.

Tayseer al-‘Alaam Sharh ‘Umdat al-Ahkaam, p. 762

(www.islam-qa.com)

14355: Dealing in alcohol, supplies for Christian holidays,

condoms and cosmetic creams

Question:

i have a retail bussiness,,which during there holiday i carry

there goods,,like christmas decoration,,mothers
day,,easter,, holloween,,ect,,is this harram,, i use to own
a supermarket once i sold it and i didnt want to get in to
that again cause sold beer and pork..

also brother i hope you dont mind mentioning some of

the iteams i sale,,tell me if its harram condoms,,ceramic
figurs,cigarettes,lottery ,, medcine some containe
alchole,,or the gel tablets,,candy that may or my not have

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any harram in it, toothpaste,,some of these items are

harram for us to use but can it be sold to the kafir since
they the only customers.

Answer:

Praise be to Allaah.

You have done well not to sell things that Allaah has
forbidden such as beer and pork. We ask Allaah to bless
you with a halaal provision and to compensate you with
good.

With regard to the things you asked about, the details are
as follows:

1 – It is not permissible for a Muslim to take part in the

festivals of the kuffaar, such as Christmas and Easter, or
to sell the things that will help them in that, 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]

The same applies to innovated festivals such as Mother’s

Day. It is not permissible to sell anything that may help
them to celebrate it.

2 – The basic ruling is that it is permissible to use and sell

condoms, unless the vendor knows or thinks it most likely
that they will be used for haraam purposes, in which case
it is not permissible to sell them.

The basic principle concerning that – as Shaykh al-Islam

Ibn Taymiyah (may Allaah have mercy on him) said – is:
“Every garment which one thinks will most likely be used

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for sinful purposes, it is not permissible to sell it or sew it

for one who will use it for sinful and wrongful purposes.”
(Sharh al-‘Umdah, 4/386)

This does not apply only to clothes, rather it is general

and applies to everything that may be bought or sold.

3 – It is haraam to sell tobacco and lottery tickets, and

every product which is known to involve something that
is haraam.

It says in a fatwa issued by the Standing Committee (13/

55): “It is not permissible to deal in tobacco or any haraam
things, because they are khabaa’ith (evil and filthy things),
and because of the physical, spiritual and financial harm
they cause.”

With regard to the lottery, it is the essence of gambling.

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him)
said: “This method which the questioner mentions,
whereby a person buys a ticket and if he is lucky, as he
says, he will win a large amount, in included under the
heading of gambling of which Allaah says (interpretation
of the meaning):

“O you who believe! Intoxicants (all kinds of alcoholic

drinks), and gambling, and Al Ansaab (stone altars for
offering sacrifices to idols, the jinn, etc), and AlAzlaam
(arrows for seeking luck or decision) are an abomination
of Shaytaan’s (Satan’s) handiwork. So avoid (strictly all)
that (abomination) in order that you may be successful.

Shaytaan (Satan) wants only to excite enmity and hatred

between you with intoxicants (alcoholic drinks) and
gambling, and hinder you from the remembrance of Allaah
and from AsSalaah (the prayer). So, will you not then
abstain?

And obey Allaah and the Messenger (Muhammad), and

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beware (of even coming near to drinking or gambling or

AlAnsaab, or AlAzlaam) and fear Allaah. Then if you turn
away, you should know that it is Our Messenger’s duty to
convey (the Message) in the clearest way”

[al-Maa’idah 5:90-92]

This gambling – which includes every transaction in

which the person will end up either losing and winning,
but he does not know whether he will be a winner or a
loser – is all haraam; indeed it is one of the major sins. It
is obvious that it is something abhorrent when we realize
that Allaah has mentioned it in conjunction with idol-
worship, alcohol and al-azlaam (arrows used for seeking
luck or decision – a kind of fortune-telling).

(Fataawa Islamiyyah, 4/441).

We should note that everything which it is forbidden to

do or to use, it is also forbidden to sell, because the Prophet
(peace and blessings of Allaah be upon him) said: “May
Allaah curse the Jews; animal fat was forbidden to them,
so they sold it and consumed its price. When Allaah
forbids a thing He also forbids its price.” (Narrated by
Ahmad and Abu Dawood, 3026; classed as saheeh by al-
Albaani in Saheeh al-Jaami’, no. 5107).

4 – It is not permissible to make images of animate beings,

whether humans, birds or animals. If that is a three-
dimensional image it is even more forbidden.

On this basis, it is not permissible to sell any of these

figures made of ceramic etc., if they are of this nature.
But if they are images of inanimate things such as
mountains and other natural scenes, there is nothing wrong
with making them and selling them.

It says in Fataawa al-Lajnah al-Daa’imah, 13/73:

“Buying and selling images of animate beings is haraam

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because it was narrated that the Messenger of Allaah

(peace and blessings of Allaah be upon him) said: ‘Allaah
and His Messenger have forbidden the sale of alcohol,
dead meat, pork and idols.’ (Agreed upon). That is because
it may lead to exaggeration concerning the people
depicted, as happened among the people of Nooh… and
because of many other texts which also state that it is
haraam to make images and to use images of animate
beings.”

5 – With regard to medicines that contain alcohol, if the

amount of alcohol contained is large and may cause
intoxication if a person drinks a large amount of the
medication, then this medication counts as alcohol and it
is haraam to use it or sell it. But if the amount of alcohol
is little and will not cause intoxication no matter how
much is drunk, then it is permissible to use it and sell it.

It says in a fatwa issued by the Standing Committee

concerning the sale of perfumes that contain alcohol: “If
the amount of alcohol in the perfume reaches the level
where it will cause intoxication if a lot of that perfume is
drunk, then drinking that perfume is haraam, dealing in it
is haraam, and that applies to all kinds of uses, because it
is alcohol, whether it is a lot or a little. But if the thing
with which the perfume is mixed, such as alcohol, does
not reach the level where drinking a lot of it will cause
intoxication, then it is permissible to use it and deal in it,
because the Prophet (peace and blessings of Allaah be
upon him) said: ‘Whatever causes intoxication in large
amounts, a little of it is haraam.’”

(Fataawa al-Lajnah al-Daa’imah, 13/54)

6 – Whatever it is haraam for a Muslim to use, it is also

haraam for him to sell it to either Muslims or kaafirs,
because the kaafirs are also addressed by the rulings of
sharee’ah, including rulings on minor issues, according

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to the view of the majority of scholars, and what is

forbidden for Muslims is also forbidden for them. So it is
not permissible to sell them alcohol or pork, or anything
else which is proven to be forbidden in our religion, even
if we assume that it is permitted to them in their religion,
because the sharee’ah of Islam abrogates and corrects the
laws that came before it.

It says in Fataawa al-Lajnah al-Daa’imah 13/49:

Question: Is it permissible to deal in alcohol and pork if

one does not sell them to a Muslim?

Answer: It is not permissible to deal in that which Allaah

has forbidden, whether that is food or other things, such
as alcohol and pork, even if one is dealing with kaafirs,
because it was proven that the Prophet (peace and
blessings of Allaah be upon him) said: “When Allaah
forbids a thing, He also forbids its price.” (Narrated by
Ahmad, no. 2564; Saheeh al-Jaami’, 5107). And because
the Prophet (peace and blessings of Allaah be upon him)
cursed alcohol and the one who drinks it, the one who
sells it, the one who buys it, the one who carries it, the
one to whom it is carried, the one who consumes its price,
the one who squeezes out the juice and the one for whom
it is squeezed out.” (narrated by al-Tirmidhi, 1295; Saheeh
al-Tirmidhi, 1041).

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

21649: Selling things that may be used for haraam

purposes

Question:

My brother has a store that sells and installs radio systems,

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car t.v.’s alarms, tints on windows, big speakers,and

amplifiers. Is this kind of business halaal?
We are in america and mostly teenagers would buy these
type of things to make their car look nice and to make
their music loud.

Answer:

Praise be to Allaah.

If it is known that this business will help these customers

to engage in evil things and promiscuity, and that they
will be used to listen to songs and music, then it is not
permissible to sell these things to them. But if it is possible
that they may be used for permissible things and it is not
known that the purchaser will use them for haraam things,
then there is nothing wrong with selling them or dealing
in them. If he sees someone who seems to be decent and
respectable, he may sell to him, and if a customer comes
who appears to be promiscuous or an evildoer, he should
refuse to sell to him.

Shaykh Ibn Jibreen (www.islam-qa.com)

10443: What is the ruling on selling his share in a company

whose wealth is all debts that are owed by people?

Question:

What is the ruling on selling my share in a company that

sells goods to people on installments, and all its wealth is
debts that are owed by people? If the company owns cars
that have not yet been sold, how should he sell his share?

Answer:

Praise be to Allaah.

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With regard to the first question: this is selling money

that is not available for money (cash) that is available,
but of a lesser amount. This is not permissible.

With regard to the second question: he should sell him

his share of the cars and keep for himself his share of the
deferred payments.

Shaykh Ibn Jibreen (www.islam-qa.com)

22404: Ruling on selling magazines in which there are

haraam adverts and half-naked pictures

Question:

Can you please tell me is it ok for me to buy a business

either a gas station or a convenient store, in which i have
to sell cigarettes, kaffir magazine in which there will be
picture of half naked girls adds of alcohol haraam stocks
and other haraam things, or how about just working in
such a store, is my income halaal or haraam. if in a case
where my income is haraam what could i do to make my
income Halaal, if i stop selling cigarettes and the magazine
does then my income become halaal? and when i sell gas
i have to charge taxes, because that’s the law of the country
in which i am living?

Answer:

Praise be to Allaah.

It is not permissible to sell haraam things such as

cigarettes, promiscuous magazines or magazines that
promote evil, even if they are published by Muslims,
because when Allaah forbids a thing He also forbids its
price. It is not permissible to work for these magazines

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because this is a kind of cooperating in sin and

transgression. The income from such sales is haraam. A
person has to fear Allaah with regard to his food and drink
and all his spending. Selling gas is permissible, and there
is nothing wrong with it. If the taxes are compulsory then
the one who is forced to do a thing will be forgiven.

Shaykh ‘Abd al-Kareem al-Khudayr (www.islam-qa.com)

21927: Making copies of tapes and disks without

permission

Question:

If a person photocopies a book or make a copy of cd

without a permission of the author or the company even
if the author or the company are not muslims. Is it halal
or haram.

Answer:

Praise be to Allaah.

Making copies of books or disks for the purpose of selling

them or to cause harm to the original author is not
permissible. But if a person makes a single copy for his
own use, then we hope that is o.k., even though it is better
and preferable not to do it. Shaykh Sa’d al-Humayd.
(www.islam-qa.com)

21213: Selling cards to crack the codes blocking permissive

channels

Question:

A person bought a “digital receiver”, but the issue here is

not whether buying this equipment is permissible. It came

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with a card for cracking the codes blocking access to

permissive channels. Is it permissible for him to sell it,
knowing that the purchaser has stipulated the condition
that he be allowed to buy the card along with the
equipment?

Answer:

Praise be to Allaah.

Everything that is used in a haraam manner, it is not

permissible to sell it. It is not permissible to buy or sell
this equipment, or to give it as a gift, because doing so is
helping another to see haraam things and commit immoral
actions – Allaah forbid. It involves cooperating in the evil
which Islam came to forbid. Allaah says (interpretation
of the meaning):

“but do not help one another in sin and transgression”

[al-Maa’idah 5:2]

What he has to do is to destroy that haraam equipment

which is one of the greatest means of spreading corruption
and immorality in society. Whoever works to spread this
equipment is subject to the warning of Allaah. Allaah says
(interpretation of the meaning):

“Verily, those who like that (the crime of) illegal sexual
intercourse should be propagated among those who
believe, they will have a painful torment in this world
and in the Hereafter”

[al-Noor 24:19]

The questioner and all Muslims should realize that

whoever helps to spread corruption by facilitating its ways
and means will carry the sin of everyone who deviates

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and is affected because of that. It is an ongoing evil deed

which may continue even after he dies. This is a serious
matter to which we must pay attention. The one who tells
others to do good is like the one who does it, and the one
who tells others to do evil is like the one who does it.

It was narrated that Jareer ibn ‘Abd-Allaah said: “Some

Bedouin people came to the Messenger of Allaah (peace
and blessings of Allaah be upon him) wearing wool, and
he saw that they were in a bad state and in need. He
encouraged the people to give charity to them but they
were too slow in responding, until it could be seen in his
face (that he was upset). Then a man from among the
Ansaar brought a purse of silver, then another came, then
people came one after another, until signs of happiness
could be seen on the Prophet’s face. The Messenger of
Allaah (peace and blessings of Allaah be upon him) said:
‘Whoever starts something good in Islam and others do it
after him, there will be recorded for him a reward equal
to that of those who do it, without that detracting from
their reward in the slightest. And whoever starts something
bad in Islam and others do it after him, there will be
recorded for him a burden of sin equal to that of those
who do it, without that detracting from their burden in
the slightest.’”

(Narrated by Muslim)

Al-Nawawi said:

“The Prophet (peace and blessings of Allaah be upon him)

said, ‘Whoever starts something good…’ and ‘whoever
starts something bad…’ According to another hadeeth he
said, ‘Whoever promotes guidance…’ and ‘whoever
promotes misguidance…’ These two ahaadeeth clearly
state that it is mustahabb to start good things and that it is
forbidden to start bad things. Whoever starts a good thing
will have a reward equal to that of everyone who does it

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until the Day of Resurrection, and whoever starts a bad

thing will have a burden of sin equal to that of everyone
who does it until the Day of Resurrection; whoever
promotes guidance will have a reward equal to that of
those who follow him, and whoever promotes
misguidance will have a burden of sin equal to that of
those who follow him – regardless of whether that
guidance or misguidance is something that he initiated or
that someone else started before him, and whether that is
done by teaching knowledge, or it is an act or worship, or
some kind of etiquette, or something else.

The words of the Prophet (peace and blessings of Allaah

be upon him), ‘and others do it after him’ refer to when a
person starts something, whether others do it after him
during his own lifetime or after his death. And Allaah
knows best.”

(Sharh Muslim, 16/226-227)

So he must hasten to repent to Allaah, and destroy these

kinds of machines. The Muslim must use the intelligence
and wisdom that Allaah has given to him to spread
goodness and put a stop to evil, and not to crack codes
etc., or to spread evil. It is not permissible to trade in any
means that leads to evil. And Allaah is the One Whose
help we seek.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

13648: Selling posters and frames of Qur’aanic verses

Question:

what is the view on people who take parts/quotes from

the Qu’ran and sell them in frames/posters/books for

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profit? Where the profit obtained goes towards aiding an

Islamic event/organisation/school/society?

Answer:

Praise be to Allaah.

We thank you for your keenness to learn and for asking

about matters of calling people to Allaah (da’wah), for
calling people without knowledge of sharee’ah may do
more harm than good.

With regard to selling these frames and posters, we will

explain the ruling on selling them after we discuss the
ruling on hanging up such items.

Hanging up plaques and cloths containing aayaat of the

Qur’aan in homes, schools, social clubs and places of
business, involves a number of actions which are
reprehensible and forbidden according to Islam, such as
the following:

1 – In most cases, hanging such things on the wall is done

for purposes of decoration and adornment, as the aayaat
etc. are written in calligraphy and colourful brocade. This
is a deviation from the purpose for which the Qur’aan
was revealed, as it was revealed to guide people, teach
them in a good manner and to be read regularly, etc. The
Qur’aan was not revealed to decorate walls, but to guide
mankind and jinn.

2 – Many people hang up such things to seek “blessing”

from them, which is a form of bid‘ah (innovation). The
blessing as described in Islam comes from reading or
reciting the Qur’aan, not from hanging it up or placing it
on shelves or turning it into artwork and three-dimensional
images.

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3 – This is contrary to the practice of the Prophet (peace

and blessings of Allaah be upon him) and the Rightly-
Guided Khaleefahs (al-Khulafaa’ al-Raashidoon), may
Allaah be pleased with them, who never did such a thing.
The best way is to follow them, not to introduce
innovations. History tells us that in places such as
Andalusia, Turkey, etc., the adornment of houses and
mosques with ornate carvings of aayaat only happened at
times when the Muslims were weak and humiliated.

4 – Hanging up such pictures or plaques is a means that

may lead to shirk, because some people think that these
plaques and hangings are amulets that will protect the
house and its people from evil and disease. This belief is
shirk and is haraam, because the One Who really offers
protection is Allaah, may He be glorified, and one of the
means of gaining His protection is to recite the Qur’an
and du‘aa’s taught in the Qur’aan and Sunnah, with
humility and certain faith.

5 – By writing such things, it means that the Qur’aan

may be taken as a means of promoting one’s business or
increasing one’s earnings. The Qur’aan should be
protected from being used for such purposes. It is well-
known that the production and sale of these pictures and
plaques involves a great deal of extravagance and wasting
money.

6 – Many of these plaques are painted with real gold,

which makes using them and hanging them up even more
haraam.

7 – Many of these plaques clearly involve a kind of

frivolity, because the letters are twisted into complex
designs that are of no benefit to anyone because they are
barely legible. Sometimes words are fashioned into the
shape of a bird or a man prostrating, and similarly
forbidden pictures of animate beings.

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8 – Ayaat and soorahs of the Qur’aan are exposed to

misuse and abuse by this practice. For example, when
moving house, they are piled up with the rest of the
furniture and belongings, and other objects may be placed
on top of them. This also happens when they are taken
down so that the wall may be painted or cleaned. This is
in addition to the fact that they may be hung up in places
where Allaah is disobeyed and the sanctity of the Qur’aan
is not respected.

9 – Some Muslims whose observance of Islam is lacking

put these plaques up so that they can feel that they are
doing something religious, in order to reduce their feelings
of guilt – in spite of the fact that this practice does not
help them in any way.

All in all, we must close the doors of evil and follow the
leaders of guidance of the early centuries of Islam, whose
people the Prophet (peace be upon him) testified were
the best of the Muslims in belief and in all rulings of their
religion.

Moreover, if someone were to say, “We are not going to

abuse it or make it a decoration or exaggerate about it,
we just want to remind people (about their religion) in
our gatherings”, our response would be: if we look at real
life, will we find that this is what actually happens? Do
people really remember Allah? Do they even read these
aayaat when they raise their heads?

What really happens is the opposite: people go against

the words hanging over their heads, they still tell lies,
engage in gossip, make fun of others and do and say evil
things. Even if we assume that there are some who do
benefit from these plaques etc., the fact is that they are
very few, and this does not change the hukm (Islamic
ruling) on the matter.

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The Muslims must turn to the Book of Allaah, read it and

recite it, and act in accordance with it. We ask Allaah to
make the Qur’aan a light of guidance for us, and a means
of removing our grief and anxiety.

What we have said to you here is a summary of the fatwas

issued by the senior scholars of our times, such as Shaykh
Ibn Baaz and the Standing Committee for Issuing Fatwas
in the Kingdom (of Saudi Arabia), and Shaykh Ibn
‘Uthyameen, as in Fataawa al-Lajnah al-Daa’imah bi
Ri’aasat al-Shaykh Ibn Baaz, fatwas # 2078 and 17659.

Based on the above, you should not sell these frames

because by doing so you may be committing some of the
haraam actions mentioned by the scholars, and you may
be the cause of others committing those actions.

We ask Allaah to guide us and you to the straight path.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

14228: Selling Hajj visas

Question:

What is the ruling on selling Hajj visas which are obtained

with great difficulty?

Answer:

Praise be to Allaah.

It is not permissible for a person to take a visa for himself

when he does not intend to perform Hajj. If he obtains a
visa for himself and intends to go for Hajj, then he changes

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his mind, then he should only sell it for the same amount
that he spent to obtain it. In other words, it is not
permissible to obtain Hajj visas for trade purposes in order
to exploit the poor Muslims and those who want to
perform Hajj; rather the Muslim should help others to do
good and help his Muslim brothers, not exploit them. And
Allaah knows best.

Shaykh ‘Abd al-Rahmaan al-Barraak. (www.islam-

qa.com)

12274: Selling cameras to those who will use them for

haraam pictures

Question:

My husband is selling digital cameras for a living. Some

of his buyers are photographers who also do nude
photography. Is is permissable for him to sell cameras to
such people knowing what they will be using it for?

Answer:

Praise be to Allaah.

It is not permissible to sell anything that will be used for

haraam purposes, or which one thinks will most likely be
used for such purposes. This includes selling cameras to
people who will use them for haraam purposes. See the
answer to question no. 10668 concerning the ruling on
picture making. Undoubtedly selling them to people who
will take nude pictures is even more haraam, because
Allaah says (interpretation of the meaning):

“…but do not help one another in sin and

transgression…”

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[al-Maa’idah 5:2]

Undoubtedly, taking such pictures with them is one of

the means of spreading evil and immorality in society;
whoever sells these cameras to them is undoubtedly
helping them in spreading evil, and helping others to do
haraam is also haraam.

Selling digital cameras (which do not produce fixed

images) to those who will take good pictures (beneficial
pictures), such as Islamic lectures and khutbahs, or
permissible things such as trees, rivers and natural scenes,
is OK. Every Muslim businessman has to fear Allaah and
be sincere towards his Muslim brothers, and he should
not sell anything except that which is good for them and
will benefit them. He should keep away from that which
is evil and harmful to them. The things that are halaal are
sufficient so there is no need for anything that is haraam.

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).

And He will provide him from (sources) he never could

imagine [al-Talaaq 65:2-3]

And Allaah knows best. Islam Q&A Sheikh Muhammed

Salih Al-Munajjid (www.islam-qa.com)

10541: A charitable organization wants to issue discount

cards

Question:

Is it permissible to implement the following investment

idea?

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The idea is for a charitable organization to issue special

cards which will enable the bearer to get special discounts
of 15% or 20% or more from various stores, based on an
agreement between the charity and the owners of these
stores. The charity will charge special fees to be paid by
those who will benefit from these cards, which is to offset
the costs incurred by the club for employing people to
contact the stores and draw up the agreements with the
business owners, in addition to buying the machinery for
producing the cards and the price of the cards themselves,
renting office space, paying employees to receive those
who come to buy these cards, paying for advertising, and
other expenses, etc.

Answer:

Praise be to Allaah.

Producing these cards is not permissible, based on what

you have said. That is because the fee paid by those who
will benefit from them will cause great harm to those who
have no great need to buy those things from those stores.
He may think that what he needs is too little, and it will
be too much trouble for him to go to those particular stores.
A year will go by without him having benefited from this
card, or having covered the annual fee that he paid. This
is like the way in which insurance companies operate. It
will also have an adverse effect on the other stores which
do not have an agreement with you. People, or most of
them, will turn away from them and will go and buy from
the stores with which you have an agreement to refer the
people who buy the cards to them. It is haraam to cause
harm to a fellow-Muslim. Hence we say that it is not
allowed to deal in the cards which some companies make
and which are a form of deception on the part of these
particular stores, which give this discount to those who

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have these cards, but the discount they give is no more

than the amount by which they raised their price over the
price charged in other stores. So they make the person
who has this card think that he has gotten a discount,
when this is not really the case. And Allaah knows best.

Kitaab al-Fataawa al-Jibreeniyyah by Shaykh ‘Abd-Allaah

ibn Jibreen, p. 23 (www.islam-qa.com)

8949: Issuing letter stating salary of person who wants to

buy through the bank

Question:

People who want to buy cars through the bank or through

leasing schemes ask their employers for a letter stating
their salary. Is it permissible for the person whose job it
is to issue such letters to give them to them 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:

If he knows that they want that to help them engage in

this haraam transaction, then it is haraam, because the
Prophet SAWS (peace and blessings of Allaah be upon
him) cursed the one who consumes ribaa, the one who
gives it, the two who witness it and the one who records
it. And Allaah has forbidden this when He said
(interpretation of the meaning):

“… do not help one another in sin and transgression…”

[al-Maa’idah 5:2]

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And Allaah knows best.

Shaykh Muhammad ibn Saalih al-‘Uthaymeen

(www.islam-qa.com)

5669: Can he sell alcohol in order to pay off an interest-

based loan?

Question:

A brother owns more than five gas stations in which he

sells liquor, lottery tickets and other haram items. Now,
alhamdulillah, he realised that the earning from such
inventory in forbidden He wants to give up but he still
has to pay back the loans for those gas stations which
include interest too. The question is: can he continue to
sell liquor etc (which is the main reason for the success
of his business)with the intention of paying back the huge
debt? Please note that he already started working in
another place with a halal earning. However, this earning
of his is not sufficient to cover his debts. I request you to
enlighten us. May Allah reward you for your efforts.

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 should hasten to pay off the loan so that he will no

longer be liable for riba (interest).

Question: but he is not able to do so, and he has no liquid

assets. Can he keep the gas station operating until the
debts are paid off?

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Answer: To sell alcohol and facilitate gambling? That is

not permissible.

Question: So should we tell him to break the wine bottles

and close down the gambling operation, and just keep
the gas station, until the debt is paid off?

Answer: Yes.

Question: If he says, ‘I cannot do that, because the income

from selling gas is not enough. The bank is demanding
the money and if I do not pay them I will be sent to prison.’
Can he stay as he is until the debt is paid off?

Answer: No, not at all. Alcohol and gambling are not

permissible at all.

And Allaah knows best.

Shaykh Muhammad ibn Saalih al-‘Uthaymeen

(www.islam-qa.com)

5224: Is it permissible for people taking part in an auction

to ask someone present not to increase the price?

Question:

A group of people went to an auction, and they had agreed

beforehand that they would not increase the price against
one another. The auction started and a friend of theirs
came in and started bidding. They spoke to him and said,
“We will give you a share, so keep quiet.” Then after the
auction was over, they sold the things they had bought
and shared the profit between them. What is the ruling on
this?

Answer:

Praise be to Allaah.

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We put the following question to Shaykh Muhammad ibn

Saalih al-‘Uthaymeen, may Allaah preserve him, who
replied as follows:

-If there is no one else present at the auction except them,

then this is not permissible. But if there are others present,
there is nothing wrong with them making such an
agreement, so long as they do not prevent anyone else
from taking part in the auction. But preventing someone
else from taking part and telling him that he will have a
share in their profits, is not allowed.

Question: if they give him a share, does he have to get rid

of the money?

Answer: If they give him a share then they are sinners.

Question: What should he do with the money?

Answer: he should give it back, or he should give it in

charity. And Allaah knows best.

Shaykh Muhammad ibn Saalih al-‘Uthaymeen

(www.islam-qa.com)

10101: Ruling on selling contraceptive measures

Question:

I am a pharmacy student in my penultimate year at

university. I am facing a dilemma regarding the
permissibility of contraveption in Islam. I have read your
answers and material from other sources and
alhamdullilah it is very informative but unfortunately
limited to contraceptive measures such as condoms, coils
etc. As a pharmacist I will be faced with supplying patients
with oral contraceptives such as the pill and especially

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the ‘morning after pill’. I cannot find the Islamic

perspective on the last two contraceptive measures and
especially the latter. I may be mistaken, but does it say in
the Qur’an somewhere that Allah (SWT) enters the soul
into the foetus after a particular period of time? If so,
please could you give me an answer in light of this since
many muslims condemn the use of the ‘morning after
pill’ on the basis that it kills a living human being. Some
muslims also condemn the use of oral contraceptives/
’morning after pill’ on the basis that these drugs cause
side-effects which may be harmful to the woman taking
these but they fail to realise that EVERY drug has the
potential to cause side-effects. Please could you give me
an answer in light of the views expressed so that I can
educate myself and other muslims.

Answer:

Praise be to Allaah.

We advise you not to sell them if you know that the people
who are using them are either women who want to avoid
getting pregnant if they commit zinaa (unlawful sexual
relationships) or men who want to avoid having children,
or men whose wives have got pregnant and they want to
put an end to the pregnancy. All of these are haraam. If he
has to study pharmacy, then let him study it, then when
he wants to sell these things, let him tell the would-be
purchasers that this is not permissible; it is not permissible
to abort a pregnancy or to prevent pregnancy except in
cases of necessity. Let him advise them, then whoever
does not accept this advice, the sin will be on them. And
if he can find a way to avoid selling these things, that will
be better.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

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10958: Selling before taking possession and selling by

installments

Question:

It has become widespread among people to buy through

the banks by installments in return for paying an additional
amount on the price of the item being sold. The bank
does not own the car or building, but the purchaser chooses
it after signing the contract with the bank and agreeing to
pay the installments, then the item being bought is handed
over. The question is: is this transaction permissible,
because we have heard from you and from other scholars,
and we have read in the hadeeth, that it is not permissible
for a man to sell something unless he has taken possession
of it. But in fact the bank does not take possession of this
car or building; it does not buy it for itself, it is buying it
for the purchaser who has asked for it specifically. They
try to justify this by saying that the purchaser is not obliged
to buy it if he changes his mind, but they know that he is
determined to buy it, otherwise they would not have
bought it. The second question is: The bank sets out a
condition that if the purchaser changes his mind, he has
to pay whatever the bank loses as a result of that. Is this
condition valid?

Answer:

Praise be to Allaah.

This question was answered by the Standing Committee

for Issuing Fatwas. The text of their reply is as follows:

After studying the matter, the Committee for issuing

Fatwas replied that it is not permissible to engage in the
transaction described, because it is essentially a loan with

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an extra amount to be paid when the loan is paid off. The

form described is no more than a trick which ends up
being the same as the ribaa which is forbidden by the
Qur’aan and Sunnah and according to scholarly
consensus. It is essential to forego dealing in such
transactions, in obedience to Allaah and His Messenger
(peace and blessings of Allaah be upon him).

Fataawa al-Lajnah al-Daa’imah li’l-Buhooth wa’l-Iftaa,

al-Da’wah magazine, issue # 1756, p. 43 (www.islam-
qa.com)

10161: Buying and selling shares through the bank

Question:

He buys shares in companies that deal in permissible

things with his own money through the bank. He uses the
bank’s facilities and the bank takes a set fee for every
share that this man buys or sells – this is in return for
using the bank as a middleman and using the bank’s
facilities. What is the ruling?

Answer:

Praise be to Allaah.

We put this question to Shaykh Muhammad ibn Saalih

al-‘Uthaymeen, may Allaah preserve him, who answered
as follows:

It is permissible to pay that as a fee.

Islam Q&A

Sheikh Muhammed Salih Al-Munajjid (www.islam-

qa.com)

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10207: Selling monkeys

Question:

I want to enter the field of dealing in pet animals like cats

and birds. Among the animals I want to deal in are
chimpanzees which can be domesticated and trained for
entertainment purposes, such as attracting customers to
one’s store, or they may be sold to households simply for
purposes of amusement. But they are very expensive.
Some brothers – may Allaah reward them – have told me
that dealing in monkeys is haraam, because they are a
sign of Divine punishment and wrath, and because this
involves changing their nature and mistreating them, in
addition to the fact that they are a waste of money. What
is the ruling on that?

Answer:

Praise be to Allaah.

It is not permissible to sell cats, monkeys and dogs, and

other carnivores that have fangs, because the Prophet
(peace and blessings of Allaah be upon him) forbade that
and denounced it, and because it involves a waste of
money, which the Prophet (peace and blessings of Allaah
be upon him) also forbade.

From Fataawaa al-Lajnah al-Daa’imah, 13/37

(www.islam-qa.com)

10204: Selling cigarettes

Question:

What is the Islamic ruling on selling cigarettes which are

sold under licence from the cigarette company?

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Answer:

Praise be to Allaah.

Smoking is haraam, growing tobacco is haraam, and

dealing in it is haraam, because of the great harm which
it causes. It was narrated in the hadeeth; “There should
be no causing harm or reciprocating harm. Smoking is
also one of al-khabaa’ith [evil things]. Allaah described
the Prophet (peace and blessings of Allaah be upon him)
as (interpretation of the meaning): “… he allows them as
lawful al-Tayyibaat [all good and lawful things] and
prohibits them as unlawful al-Khabaa’ith [all evil and
unlawful things]…” [al-A’raaf 7:157]

And Allaah says (interpretation of the meaning):

“They ask you what is lawful for them. Say: ‘Lawful unto
you are al-tayyibaat…” [al-Maa’idah 5:4]

From Fataawaa al-Lajnah al-Daa’imah, 13/31

(www.islam-qa.com)

10205: Renting videos

Question:

I want to open a video store to sell and rent tapes, whilst

adhering to the teachings (of Islam) and not going against
anything in sharee’ah. Is this or the income I will take
from it haraam? Knowing that I do not want to do anything
that will earn the wrath of Allaah.

Answer:

Praise be to Allaah.

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Videos, radios, TVs and other media equipment are in

and of themselves neither halaal nor haraam, because they
are merely machines. The ruling is based on whatever it
is used for. If it is used mostly or solely for haraam
purposes it is haraam, otherwise it is halaal. On this basis,
if the video is to be used only for good purposes as you
state, then it is good, otherwise it is bad. And Allaah knows
best. From Fataawaa al-Lajnah al-Daa’imah, 13/47
(www.islam-qa.com)

10201: Selling items used by women for adornment

Question:

What is the ruling on dealing in items used by women for

adornment and selling them to women whom the vendor
knows will wear them in order to flaunt themselves before
non-mahram men in the streets, as he can see from the
way she looks in front of him, and as is unfortunately
widespread in some places?

Answer:

Praise be to Allaah.

It is not permissible to sell them if the businessman knows

that the person who buys them is going to use them for
things that Allaah has forbidden, because this means that
he is cooperating in sin and transgression. But if he knows
that the purchaser is only going to wear them for her
husband or he does not know anything, then it is
permissible for him to sell them.

From Fataawaa al-Lajnah al-Daa’imah, 13/67

(www.islam-qa.com)

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9385: Ruling on selling visas and work permits

Question:

I brought in some foreign workers about eight years ago,

and sold the visas to another person here, on the basis
that he would bring in the workers and they would do
whatever work he wanted, i.e., they would not be working
with me in my company. This was a condition between
me and them, and we agreed that they would pay a portion
of their salary to me at the end of each month, but this
was not binding. Some of the workers have gone back to
their own country, and I have no address for them, and
some of them are still here, but I do not take any money
from them. What is the ruling on the money which I have
taken for selling the visas and the money I have taken
from the workers?

Answer:

Praise be to Allaah.

Selling visas is not permissible, because it involves telling

lies, breaking the law and deceiving the authorities, and
it is consumption of wealth by means of falsehood. Allaah
says (interpretation of the meaning):

“And eat up not one another’s property unjustly (in any

illegal way, e.g. stealing, robbing, deceiving), nor give
bribery to the rulers…”

[al-Baqarah 2:188].

On this basis, the money you earned from selling the visas
and the money you took from the workers is haraam
income, so you have to get rid of it and clear yourself of
it. Whatever you have obtained by selling visas, spend it

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in charitable ways such as giving to the poor and building

facilities that will benefit the Muslims.

Concerning the money which you have taken from the

workers themselves each month, you have to give it back
to them if they are still in the country, or try to send it to
them in their own country. If you could not find out where
they are or send it to them, then give it in charity on their
behalf, because this money was deducted from them
unlawfully and they were not compensated for it. You
have to keep on repenting for this action, and never repeat
it in the future. Whoever gives up something for the sake
of Allaah, Allaah will compensate him with something
better. 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). And He will provide him from (sources) he
never could imagine” [al-Talaaq 65:2-3]

From Fataawaa al-Lajnah al-Daa’imah, 13/70

(www.islam-qa.com)

9941: Grocery store selling foods containing pork

ingredients

Question:

Is it permissible to sell foods which contain pork or

alcohol? There are many Muslims in America who own
grocery stores where they sell beer, pork and tobacco, or
they work in such stores.

Answer:

Praise be to Allaah.

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It is not permissible to sell that which it is haraam to eat

or to use – this includes the things mentioned in the
question.

From Fataawaa al-Lajnah al-Daa’imah, 13/47

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

3004: Opening a store to sell reptiles and predatory

animals

Question:

I want to ask a question about the Islamic ruling on dealing

in and buying animals for hobby purposes or for decorative
purposes. These include the following, which is not a
comprehensive list Decorative birds such as parrots and
other colourful birds Reptiles such as snakes and lizards
Predators such as wolves, lions, foxes, etc. — where these
animals are kept for their beautiful appearance or used
for their fur. It is known that they are expensive and will
be kept behind bars, but dealing in them is very profitable.

Answer:

Praise be to Allaah.

Firstly: selling decorative birds like parrots, colourful

birds and nightingales for their voices is permissible,
because looking at them and listening to them is
something that is permissible. There is no text in the
sharee’ah which forbids selling them or collecting them;
however there are texts which may be understood as
meaning that it is permissible to keep them in cages, so
long as they are fed and watered and given whatever care

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is needed. Among these texts is the hadeeth narrated by

al-Bukhaari from Anas, who said: “The Prophet (peace
and blessings of Allaah be upon him) was the best of
people in attitude. I had a brother called Abu ‘Umayr,
who had just been weaned, I think. When (the Prophet
(peace and blessings of Allaah be upon him)) came, he
would say, ‘O Abu ‘Umayr, what happened to the
nughayr?’ – a nughar [young sparrow or small bird] with
which he used to play.” This nughar is a type of bird. Al-
Haafiz ibn Hajar said in his commentary (Fath al-Baari),
when enumerating the things that we learn from this
hadeeth: “… it is permissible for children to play with
birds; it is permissible for parents to allow their children
to play with things with which it is permissible to play; it
is permissible to spend money on permissible things to
entertain children; it is permissible to keep a bird in a
cage or to clip a birds’ wings – for one or the other must
have been the case with Abu ‘Umayr’s bird, and whichever
one it was, the other is also implied in the ruling.

There is also the hadeeth narrated by Abu Hurayrah (may

Allaah be pleased with him), in which the Messenger of
Allaah (peace and blessings of Allaah be upon him) said:
“A woman entered Hell because of a cat which she
detained but she did not give it food or water, and she did
not let it free so that it could eat of the vermin of the
earth.”

(Narrated by al-Bukhaari in al-Saheeh, 4/100,152;

Ahmad, 2/261). If this is permissible in the case of cats,
then it is also permissible in the case of birds etc.

Some scholars believed it to be makrooh to keep them in

cages. Some believed that it was not allowed, and said:
because people do not need to listen to their voices and
look at them. This is an unnecessary luxury and soft living,
and it is also foolishness because it means that one is
enjoying the voice of a creature that is calling out in

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longing to be allowed to fly and grieving that it cannot

fly freely in the open air – as was stated in the book Al-
Furoo’ wa Tasheehuh by al-Mirdaawi, 4/9, and al-Insaaf,
4/275.

Secondly: among the conditions of valid sales is that the

thing to be sold is something which it is permissible to
use and benefit from, even if there is no necessity as such.
There is no benefit in snakes, which are indeed harmful,
so it is not permissible to buy or sell them. The same
applies to lizards – there is no benefit in them, so it is not
permissible to sell or buy them.

Thirdly: it is not permissible to sell predators such as

wolves, lions, foxes or any other fanged carnivore,
because the Prophet (peace and blessings of Allaah be
upon him) forbade that, and because it is a waste of money,
which was also forbidden by the Prophet (peace and
blessings of Allaah be upon him).

From Fataawaa al-Lajnah al-Daa’imah, 13/38

(www.islam-qa.com)

2997: Selling a box of toys whose contents are unknown

Question:

I have a grocery in which there is a product which consists

of a carton in which are twelve boxes. This is called “Try
Your Luck” – each box contains candy and a child’s toy,
either a car, airplane, fan or train. Each box has a different
toy inside. What is the ruling on selling these things to
customers?

Answer:

Praise be to Allaah.

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In this kind of product the boxes are sealed and it is not

known which kind of child’s toy is inside. This is bay’
majhool (selling something sight unseen), which lacks
the necessary condition of knowledge of what is being
sold, either by sight or by description. Hence it is not
permissible to deal with this kind of product where what
is being sold is not known, either by sight or by
description, because it is a kind of deceptive sale such as
was forbidden in the hadeeth of Abu Hurayrah (may
Allaah be pleased with him), who narrated that the Prophet
(peace and blessings of Allaah be upon him) forbade sales
of deception. (Narrated by Muslim, 3/1153)

From Fataawaa al-Lajnah al-Daa’imah, 13/85

(www.islam-qa.com)

6682: Selling alcohol to kaafirs

Question:

Is it permissible to deal in alcohol and pork if one is not

going to sell them to Muslims?

Answer:

Praise be to Allaah.

It is not permissible to deal in foods and other things,

such as alcohol and pork, that Allaah has prohibited, even
if one is selling to kaafirs, because it was reported that
the Prophet (peace and blessings of Allaah be upon him)
said: “When Allaah forbids a thing, He forbids its price.”
And because he (peace and blessings of Allaah be upon
him) cursed alcohol and the one who drinks it, the one
who sells it, the one who buys it, the one who carries it,

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the one to whom it is carried, the one who consumes its

price, the one who squeezes the grapes and the one for
whom they are squeezed. And Allaah knows best.

From Fataawaa al-Lajnah al-Daa’imah, 13/47

(www.islam-qa.com)

6700: Rewards for donating blood

Question:

The blood bank gives gifts to blood donors, such as prayer-

rugs, key-rings or some money. Please tell us what Islam
says about these gifts.

Answer:

Praise be to Allaah.

It is not permissible to sell blood, because of the report in

Saheeh al-Bukhaari from the hadeeth of Abu Hudhayfah,
who said: “I saw my father buy a cupper [a person who
does cupping] and order that his tools be broken. I asked
him about that and he said, ‘The Messenger of Allaah
(peace and blessings of Allaah be upon him) forbade the
price of blood, .....’” (Al-Bukhaari, 3/12,43; Ahmad, 4/
308, 309). Al-Haafiz said in al-Fath: what is meant by
the prohibition of blood is the same as the prohibition of
dead meat and pork. It is haraam according to scholarly
consensus, i.e., selling blood and taking its price.

And Allaah knows best.

From Fataawaa al-Lajnah al-Daa’imah, 13/71

(www.islam-qa.com)

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4270: His father asks him to buy cigarettes for him

Question:

I know that smoking cigarets are haram. But what about

going to the store and buying them for someone else. And
if that is haram too, does that ruling apply buying them
for one’s father?

Answer:

Praise be to Allaah.

It is not permissible for you to buy anything for your father

which it is haraam to use, whether it is tobacco, opium,
hashish, alcohol or whatever, even if he tells you to do
that. It was reported that the Prophet (peace and blessings
of Allaah be upon him) said: “There is no obedience to
any created being if it involves disobedience of the
Creator” and, “Obedience is only with regard to things
which are right and good (ma’roof).” You have to advise
him and apologize to him politely for not buying them
for him.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

7851: Selling a mobile phone for which the purchaser pays

in installments, from which the vendor pays for the “smart
card”

Question:

There are some companies which sell mobile phones in

the following way:

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The two parties agree that the company will sell the
individual a mobile phone, and will obtain a “smart card”
from the telecommunications company, all for a total price
of 5000 riyaals, of which the vendor will pay 3000 riyaals
to the communications company in return for a “smart
card” in the name of the purchaser. One thousand riyaals
covers the price of the phone itself. The total figure is to
be paid in monthly installments.

Is it permissible for the company to sell in installments

before they bring the card to the purchaser, knowing that
they do not actually own the card?

Answer:

Praise be to Allaah.

We put this question to Shaykh Muhammad ibn Saalih

al-‘Uthaymeen, may Allaah preserve him, who answered
as follows:

It seems that this is not permissible, because the purchaser

is telling the vendor, Lend me the cost of the “smart card”,
then I will pay you back with something extra. This extra
amount is ribaa (usury/ interest). But it is permissible to
sell the phone on its own by installments, because the
vendor actually owns it.

Question: what if he says, Give me the extra amount for

the phone?

Answer: it does not work this way, because the extra

amount is being paid for the whole package. This is
haraam, and he should buy the “smart card” with his own
money (i.e., the purchaser).

Question: does this come under the heading of two

contracts in one? Could the relationship between the

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purchaser and the vendor (with regard to the “smart card”)

be that of delegating someone to do something and paying
him for his services?

Answer: No, because every contract should be dealt with

individually. The first contract is with the
telecommunications company and the second is with the
company (which is selling the phone) – and this is not
permissible. It is as if they are giving him (the purchaser)
a loan, which they then give to the telecommunications
company, then they are asking for extra repayment. And
Allaah knows best.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

3011: Is it permissible to sell pure silk?

Question:

In Question number 164 on the ruling of selling wine to

non-muslims Sheikh has quoted to be said: “Verily when
Allah forbids something, He forbids its price.” I have a
service which anyone can subscribe by sending email to:
XXXX in the body of the message subscribe ahad This
service sends one hadith a day, english translation, from
Sahih Al-Bukhari. Here’s what they have sent me: Bukhari
Vol 8; no. 11 Narrated by Ibn Umar (Radhiallaho Anho):
My father, seeing a silken cloak being sold, said, “O
Allah’s Apostle! Buy this and wear it on Fridays and when
the foreign delegates pay a visit to you.” He said, “This is
worn only by that person who will have no share in the
Hereafter.” Later a few silken cloaks were given to the
Prophet (Sallahllaahu ‘alaihi wasallam) as a gift, and he
sent one of those cloaks to Umar. Umar said (to the
Prophet), “How can I wear it while you have said about it

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what you said?” The Prophet (Sallallaahu ‘alaihi

wasallam) said, “I did not give it to you to wear but to
sell or to give to someone else to wear.” So Umar sent it
to his (pagan) brother who was from the inhabitants of
Mecca before he (Umar’s brohter) embraced Islam. From
the hadith quoted above it seems like it is permissible to
sell it or to give it to non-Muslims.

Answer:

Praise be to Allaah.

We constantly advise people, when reading texts that

appear to present a problem, to examine all versions and
isnaads of these ahaadeeth, and to refer to the words of
scholars and commentators, because they have the
knowledge and understanding that can dispel the
confusion. In the following discussion we will quote
several versions of the hadeeth as reported by al-Bukhaari
(may Allaah have mercy on him), then we will give a
summary from the commentary on the hadeeth by al-
Haafiz Ahmad ibn ‘Ali ibn Hajar al-‘Asqallaani (may
Allaah have mercy on him) from his book Fath al-Baari
Sharh Saheeh al-Bukhaari, and from the commentary of
Imam al-Nawawi (may Allaah have mercy on him) on
the same hadeeth in Saheeh Muslim.

‘Abd-Allaah ibn ‘Umar reported that ‘Umar ibn al-

Khattaab saw a hullah siyara’ [a type of two-piece
garment] at the door of the mosque and said, “O
Messenger of Allaah, why don’t you buy this and wear it
on Fridays and when the delegations come to you?” The
Messenger of Allaah (peace and blessings of Allaah be
upon him) said: “This is only worn by one who has no
share in the Hereafter.” Then the Messenger of Allaah
(peace and blessings of Allaah be upon him) was brought
a number of garments [hullahs] of the same type. He gave

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one of them to ‘Umar ibn al-Khattaab (may Allaah be

pleased with him) and ‘Umar said, “O Messenger of
Allaah, are you giving it to me to wear it when you said
what you said about the hullah of ‘Utaarid (the vendor of
the first hullah)?” The Messenger of Allaah (peace and
blessings of Allaah be upon him) said: “I am not giving it
to you to wear it.” So ‘Umar ibn al-Khattaab (may Allaah
be pleased with him) gave it to a brother of his in Makkah
who was a mushrik.” (Saheeh al-Bukhaari, 837).

According to another report: “[The Prophet (peace and

blessings of Allaah be upon him) said:] Sell it and benefit
from its price.” Al-Bukhaari, 896.

According to another report: “I did not send it to you for

you to wear it, for it is worn only by one who has no
share in the Hereafter. I sent it to you so that you could
benefit from it – i.e., by selling it.” Al-Bukhaari, 1962.

According to another report: “Umar said: ‘How can I wear

it when you said what you said about it?’ He said, ‘I did
not give it to you for you to wear it; sell it or give it to
someone else.’ So ‘Umar sent it to a brother of his among
the people of Makkah, before he [the brother] became
Muslim.” Al-Bukhaari, 2426.

According to another report: “He said: ‘Sell it and spend

the money on your own needs.’” Al-Bukhaari, 2826.

According to another report: “He said: ‘I sent it to you so

that you could make some money from it.’” Al-Bukhaari,
5617.

Ibn Hajar (may Allaah have mercy on him) said:

“Concerning the phrase, ‘Why don’t you buy it and wear

it?’ – it is as if ‘Umar wanted the Prophet (peace and
blessings of Allaah be upon him) to buy it and wished
that he would do so. ‘This is only worn’ – according to

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the report of Jareer ibn Haazim, he said, ‘silk is only

worn’. ‘One who has no share’ – Maalik added in his
report, ‘in the Hereafter.’ This could mean the one who
has no share in the Hereafter, i.e., of silk clothes.

‘He gave it to him’ – it is apparent from the rest of the

hadeeth that he did not give it to him to wear, or it could
mean that he gave him something that could be used for
clothing. [The verb used, kasaa, has the sense of covering
or clothing]. According to the report of Maalik, ‘Then
the Messenger of Allaah (peace and blessings of Allaah
be upon him) was brought a number of similar hullahs,
and he gave one to ‘Umar.’ In another report, ‘Later on
some hullahs (of the same type) were brought to the
Messenger of Allaah (peace and blessings of Allaah be
upon him), and he sent one to ‘Umar and one to Usaamah
ibn Zayd, and gave one to ‘Ali ibn Abi Taalib.’

‘Sell it and spend the money on your own needs’ – means

benefit from its price, or it could mean trade it or exchange
it, or some more general meaning.

(Note): the reason why this hadeeth was included in Baab

al-Hareer li’l-nisa’ (Chapter on silk for women) is because
the Prophet (peace and blessings of Allaah be upon him)
said to ‘Umar, ‘sell it or use it for clothing.’ Silk is
forbidden for men, and there is no difference between
‘Umar and other men in that regard, so the permission to
give it to someone else to wear applies only if it is given
to a woman. The fact that ‘Umar gave it to his brother
should not be a source of confusion to those who believe
that the minor issues of sharee’ah apply to kaafirs too, as
‘Umar gave it to his brother to sell it or to give it to a
woman to wear.

In some versions of the hadeeth… Ibn ‘Umar said: ‘The

Messenger of Allaah (peace and blessings of Allaah be
upon him) saw ‘Utaarid wearing a silk garment and he

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disliked that for him, then he gave ‘Umar a similar

garment…’ and ‘… [he said,] “I did not give it to you to
wear it, I gave it to you to give to women to wear.”’ This
is an indication that it is permissible for women to wear
pure silk.

Imaam Muslim (may Allaah have mercy on him) reported

in his Saheeh that Jaabir ibn ‘Abd-Allaah (may Allaah be
pleased with him) said: ‘The Prophet (peace and blessings
of Allaah be upon him) one day wore a coat of silk brocade
that had been given to him, but soon afterwards he took it
off and sent it to ‘Umar ibn al-Khattaab. It was said to
him, “But you took it off so quickly, O Messenger of
Allaah.” He said, “Jibreel forbade me to wear it.” Then
‘Umar came to him, weeping, and said, “O Messenger of
Allaah, you disliked something and gave it to me. What
is wrong with me?” He said, “I did not give it to you to
wear it, I gave it to you to sell it.” So he sold it for two
thousand dirhams.’ (Reported by Muslim, 3861).”

Al-Nawawi (may Allaah have mercy on him) said in his

commentary on Saheeh Muslim:

“In the hadeeth of ‘Umar about this hullah there is

evidence that silk is forbidden for men and permitted for
women, that it is permissible to give it, that its price is
permitted, and that a Muslim is permitted to give a kaafir
clothes and other things.

‘So ‘Umar gave it to a mushrik brother of his in Makkah’

– this is how it was reported by al-Bukhaari and Muslim.
According to a report narrated by al-Bukhaari in some
chapter, “Umar sent it to a brother of his among the people
of Makkah, before he [the brother] became Muslim’ –
this indicates that he (the brother) subsequently became
Muslim… This also indicates that it is permissible to
maintain family ties with kaafirs and to treat them well,
and that it is permissible to give gifts to kaafirs. The

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permission to give silk clothes to men does not mean that

they should wear them. Some may misinterpret this to
mean that kaafir men are permitted to wear silk, but this
is incorrect. The hadeeth describes giving a gift to a kaafir,
but does not give them permission to wear silk. The
Prophet (peace and blessings of Allaah be upon him) sent
silk garments to ‘Umar, ‘Ali and Usaamah (may Allaah
be pleased with them), but this does not mean that they
were permitted to wear silk; he stated quite clearly that
he was giving it to them so that they could benefit from it
in some way other than by wearing it. The correct opinion,
which is that of the majority of scholars, is that the minor
issues of sharee’ah apply equally to kaafirs, so they are
forbidden to wear silk just as Muslims are. And Allaah
knows best.

Al-Bukhaari (may Allaah have mercy on him) reported

another hadeeth on the same issue from al-Miswar ibn
Makhramah, who said that his father Makhramah said to
him: ‘O my son, I have heard that the Messenger of Allaah
(peace and blessings of Allaah be upon him) has received
some coats and he is sharing them out, so let us go to
him.’ So we went and found the Prophet (peace and
blessings of Allaah be upon him) in his house. [My father]
said to me, ‘O my son, call the Prophet (peace and
blessings of Allaah be upon him) for me.’ I felt too
embarrassed, so I said, ‘Should I call the Messenger of
Allaah (peace and blessings of Allaah be upon him) for
you?’ He said, ‘O my son, he is not arrogant.’ So I called
him, and he came out carrying a coat of silk brocade with
gold buttons. He said, ‘O Makhramah, we kept this for
you,’ and he gave it to him.

(Reported by al-Bukhaari, Kitaab al-Libaas, Baab al-

Muzarrar bi’l-Dhahab).

Ibn Hajar (may Allaah have mercy on him) said in his

commentary on the hadeeth:

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“ ‘He came out carrying a coat of silk brocade with gold

buttons’ – it is possible that this happened before silk was
prohibited, but after silk and gold were prohibited for men,
this report can no longer be used as evidence by those
who want to permit these things. It is also possible that
this happened after these things were prohibited, in which
case the garment was given so that the recipient could
benefit from it either by selling it or by giving it to women
to wear.”

In brief, then, the answer to the matter raised in the

question is that so long as a silk garment has some
legitimate use, such as clothing for women, then it is
permissible to sell it and take the money paid for it. And
Allaah knows best. May Allaah bless our Prophet
Muhammad.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

5444: Selling perfume to non-Muslim women

Question:

i would like to know if it is haraam for me to sell perfume

to non muslim women. i am asking because of the hadith
about the woman who comes out of her home and the
scent of her perfume reaches the people then she is like a
prostitute. please list the proof.

jazakala khairan

Answer:

Praise be to Allaah.

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The basic principle is that selling, whether to Muslims or

others, is permissible. Perfume is used for a number of
things, but it is haraam to sell it to a person who it is
known will use it for a haraam purpose. The same applies
to all things that Allaah has permitted. For example, it is
permissible to sell grapes to Muslims and others, but some
people may use them to make wine. The guideline is: if it
is known that a person will use for haraam purposes
something that it is permitted to sell, then it is not
permissible to sell it to him, otherwise it is permissible.

If you were dealing in grapes, and a kaafir came to you

wanting to buy some, and you did not know whether he
was going to use them for food or to make wine, then in
principle it is permissible to sell them to him. But if the
representative of a wine producer came wanting to buy
grapes, and you knew that, then it is not permissible to
sell them to him. And Allaah is the source of strength.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

5232: A vendor imposed a condition that a prospective

purchaser has to pay him some compensation if he does not
buy

Question:

They imposed a condition that if he did not buy the product

from them, he would have to pay them compensation if
they sold it at a loss. Is this an invalid condition? For
example, he came and said, “I want to buy such and such
a product” and they said, “We will bring it from America
and if you do not buy it, and we sell it to someone else at
a loss, you will have to compensate us because you broke
your promise.” Is this an invalid condition?

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Answer:

Praise be to Allaah.

We put this question to Shaykh Muhammad ibn Saalih

al-‘Uthaymeen, may Allaah preserve him, who answered
as follows:

Yes, this is an invalid condition.

And Allâh knows best.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

1810: Selling on consignment and selling a product before

it arrives

Question:

What, in your view, is the shar’i ruling on selling on

consignment and selling goods bought from abroad before
they arrive in one’s store?

Answer:

Praise be to Allaah.

The first question is: what is the ruling on selling on

consignment? This means that a person says, I will sell
you these goods – whatever you manage to sell will come
under this deal, and whatever you do not sell, I will take
back. This transaction in haraam, because it clearly
involves an unknown element as neither the vendor nor
the purchaser knows how much of the goods will be sold.
The issue here is jahaalah (ignorance, not knowing). It
was reported that the Prophet (peace and blessings of

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Allaah be upon him) forbade sales that involve undue

risk (gharar) and this is clearly a risky transaction.

But if the two sides have to do a deal, then the owner of

the goods should give them to the other party to sell them
on his behalf, and give him a reward for acting as his
agent. This will achieve the aim of both parties, with the
latter acting as an agent for the former. There is nothing
wrong with this.

As for selling goods before they arrive, this is not

permitted either, because the Prophet (peace and blessings
of Allaah be upon him) forbade selling from the same
place where goods are bought before the trader has
actually acquired them (lit. added them to his own
luggage). He should first take possession of them, then
he can sell them.

As for selling them when they are in another country, when

he does not know if they will arrive intact or not, this is
not permitted.

If a person were to say that the purchaser is obliged to

accept the goods “as is”, whether they are defective or
not, our response is: a person may agree to that, hoping
to make a profit, but if the goods turn out to be defective,
he will regret it and be upset, and a dispute may arise
between him and the vendor. Islam – praise be to Allaah
– has blocked the way to regret, disputes and conflict.

By the same token, if the goods get destroyed en route,

conflicts may arise between the two parties. The point
here is that it is not permitted to sell goods until they
have have reached the vendor, then he may sell them.

Liqa’ al-Baab al-Maftooh by Ibn ‘Uthaymeen, 54/94

(www.islam-qa.com)

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3746: Selling haraam and doubtful things

Question:

Assalamu alikum. I understand that selling haram things

are probihibited. If I have a grocery store and I sell soaps,
toothpastes etc that contain haram or doubtful ingredients,
shall I commit sin? Thanks.

Answer:

Praise be to Allaah.

It is not permissible to sell them because when Allaah

forbids a thing He also forbids its price. Ibn ‘Abbaas (may
Allaah be pleased with them both) said: “The Messenger
of Allaah (peace and blessings of Allaah be upon him)
said: ‘Allaah has cursed the Jews because fat was
forbidden to them, but they sold it and took its price. When
Allaah forbids something he also forbids its price.’”

(Reported by Imaam Ahmad, 2546).

With regard to doubtful things, it is better not to sell them,

so as to be free of any blame, as the Prophet (peace and
blessings of Allaah be upon him) said. Al-Nu’maan ibn
Basheer said: “I heard him saying, ‘I heard the Messenger
of Allaah (peace and blessings of Allaah be upon him)
say: “What is permitted is clear and what is prohibited is
clear, and between them are doubtful things which many
people do not know about. Whoever avoids doubtful
things will be on the safe side with regard to his religion
and his honour, but whoever falls into doubtful things
will fall into haraam things.”’” (Reported by Muslim,
2996). And Allaah is the Source of Strength

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

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Chapter 9

Transactions

Business and Finance: Interest

23346: Ruling on depositing money in the bank, and

interest

Question:

We are indian citizens.we deposite money in the

bank...how to deal with the interest given by banks.

Answer:

Praise be to Allaah.

Firstly:

Depositing money in the bank in return for interest is riba

(usury), which is a major sin. Allaah says (interpretation
of the meaning):

“O you who believe! Be afraid of 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 2:278-279]

If a Muslim is forced to put his money in the bank, because

he cannot find any other means of keeping his money

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safe apart from putting it in the bank, then there is no sin

in that, in sha Allaah, subject to two conditions:

1- That he does not take any interest in return

2- That the bank does not deal only with interest, rather it
should have some other activities that are permissible in
which it invests the money deposited. See questions no.
22392 and 49677

It is not permissible to make use of the interest (riba)

which the banks pay to their customers. They must get
rid of it by donating it to charitable causes.

The Scholars of the Standing Committee for Issuing

Fatwas said:

The interest which the banks pay to depositors on the

money that they deposit in them is regarded as riba (usury).
It is not permissible to make use of this interest, and the
customer must repent to Allaah from depositing his money
in riba-based banks. He should withdraw the money that
he deposited and the interest, keep the original amount
and donate the extra to charity, to the poor and needy or
for renovating public facilities etc. Fataawa Islamiyyah,
2/404

And Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have

mercy on him) said:

With regard to the interest that the bank gives to you, do

not give it back to the bank and do not keep it, rather
spend it on charitable causes such as giving it to the poor,
renovating public washrooms, helping debtors who are
unable to pay off their loans, etc.

Fataawa Islamiyyah, 2/407

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

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39829: Borrowing from a riba-based bank in order to buy

a house

Question:

I want to take a loan from the bank in order to buy a

house. This will involve the following:

1 – I join the bank al-iskaan (bank that deals in mortgages)

and pay 182 dinars a month for four years, i.e., 8736 dinars
in total, which will become 10,000 dinars (deposits plus
interest).

2 – Then I will be able to borrow 20,000 dinars from the

bank, which I will have 13 years to pay back at an interest
rate of 6.75% per year.

3 – In addition to that, there is a top-up loan of 20,000

with an interest rate of 8.25%.

When I move into the house, I will be renting it from the

bank until the loan is paid off, then it will become mine.
The period for paying off the loan is between 13 and 15
years. What is the ruling on this?.

Answer:

Praise be to Allaah.

Dealing with riba (usury, interest) is a major sin against

which Allaah has issued a stern warning. He 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

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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]

“Those who eat Ribaa will not stand (on the Day of
Resurrection) except like the standing of a person beaten
by Shaytaan (Satan) leading him to insanity. That is
because they say: “Trading is only like Riba,” whereas
Allaah has permitted trading and forbidden Riba. So
whosoever receives an admonition from his Lord and
stops eating Riba, shall not be punished for the past; his
case is for Allaah (to judge); but whoever returns (to
Riba), such are the dwellers of the Fire — they will abide
therein” [al-Baqarah 2:275]

And it was proven that the Prophet (peace and blessings

of Allaah be upon him) cursed the one who consumes
riba and the one who pays it. Narrated by al-Bukhaari,
5962. In the transaction asked about here, both the
individual and the bank are giving and taking riba. The
Prophet (peace and blessings of Allaah be upon him) said:
“A dirham which a man consumes as riba knowingly is
worse before Allaah than thirty-six acts of zina.” Narrated
by Ahmad and al-Tabaraani; classed as saheeh by al-
Albaani in Saheeh al-Jaami’, no. 3375. And he said:
“There are seventy-two types of riba, the least of which
is like a man committing incest with his mother.” Narrated
by al-Tabaraani in al-Awsat; classed as saheeh by al-
Albaani in Saheeh al-Jaami’, no. 3537.

The scholars are unanimously agreed that every loan

involving interest or any kind of benefit is haraam. Ibn
Qudaamah (may Allaah have mercy on him) said: Every
loan in which it is stipulated that an additional payment
be made is haraam, with no scholarly dispute. Ibn al-

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Mundhir said: They are unanimously agreed that if the

lender stipulates that the borrower must pay extra or give
a gift, and he gives the loan on this basis, this is riba. It
was narrated from Ubayy ibn Ka’b, Ibn ‘Abbaas and Ibn
Mas’ood that they forbade loans that lead to any kind of
benefit (extra payment, gifts, etc). Al-Mughni, 6/436.

Secondly:

With regard to the idea of you renting the house until the
loan is paid off, after which it will be yours, this is also
haraam. We have already stated in the answer to question
no (14304) that rent-to-own schemes are haraam.

To sum up, this transaction is haraam and it is darkness

upon darkness. It is not permissible for a Muslim to take
the matter of riba transactions lightly after the stern
warning about such transactions has been proven and it
has been definitively established that they are haraam.
Rather what he must do is to seek that which is halaal,
for every body that is nourished by haraam, the Fire is
more suited for it. But whoever gives up something for
the sake of Allaah, Allaah will compensate him with
something better than it.

The Standing Committee was asked about the Islamic

ruling on taking a loan from a riba-based bank in order to
build a modest house. They replied:

It is haraam to take a loan from banks or elsewhere with

riba, whether that is to build something or to spend it on
food, clothing or medical expenses or to start a business
and earn more money, or any other purpose, because of
the general meaning of the verses that forbid riba, and
the general meaning of the ahaadeeth which indicate that
it is haraam. Similarly it is not permissible to deposit
money in banks etc that pay interest.

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And Allaah is the Source of strength. May Allaah send

blessing and peace upon our Prophet Muhammad and his
family and companions.

Fataawa al-Lajnah al-Daa’imah (13/385).

And Allaah knows best.

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

40409: It is not permissible to buy bank shares or deal in

them

Question:

It is not permissible to buy bank shares or deal in them

Answer:

Praise be to Allaah.

Bank shares are in fact money, and based on this it is not

permissible to buy or sell bank shares because that is
selling money for money without meeting the conditions
of equal amounts and concluding the exchange in one
sitting. Moreover the banks are riba-based institutions and
it is not permissible to cooperate with them by either
buying or selling, because Allaah says (interpretation of
the meaning):

“Help you one another in AlBirr and At Taqwa (virtue,

righteousness and piety); but do not help one another in
sin and transgression. And fear Allaah. Verily, Allaah is
Severe in punishment”

[al-Maa’idah 5:2]

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And it was proven that the Prophet (peace and blessings

of Allaah be upon him) cursed the one who consumes
riba, the one to whom it is given, the one who writes it
down and the two who witness it, and he said they are all
the same. Narrated by Imam Muslim.

All that you are entitled to is your capital.

My advice to you and to other Muslims is to beware of

all riba-based transactions and to warn against them, and
to repent to Allaah from any such transactions you may
have engaged in in the past, because riba-based
transactions are a kind of war against Allaah and His
Messenger (peace and blessings of Allaah be upon him),
and are one of the causes of the wrath and punishment of
Allaah, and He says (interpretation of the meaning):

“Those who eat Ribaa will not stand (on the Day of
Resurrection) except like the standing of a person beaten
by Shaytaan (Satan) leading him to insanity. That is
because they say: ‘Trading is only like Ribaa,’ whereas
Allaah has permitted trading and forbidden Ribaa. 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); but whoever returns (to
Ribaa), such are the dwellers of the Fire — they will abide
therein”

[al-Baqarah 2:275]

And Allaah says (interpretation of the meaning):

“O you who believe! Be afraid of 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

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more than your capital sums), and you shall not be dealt
with unjustly (by receiving less than your capital sums)”

[al-Baqarah 2:278-279]

And please note the hadeeth referred to above.

Shaykh ‘Abd al-“Azeez ibn Baaz (may Allaah have mercy

on him).
Fiqh wa Fataawa al-Buyoo’ (Jurisprudence and rulings
on financial transactions) by Ashraf ‘Abd al-Maqsood, p.
360

(www.islam-qa.com)

45902: He used a credit card, which is haraam, and he

owes money. Should he pay it off?

Question:

I have a demand from the bank for 5800 riyals because of

a credit card that I had 5 years ago, and I did not pay off
what I owe because I found out that it is haraam. I do not
know exactly how much I withdrew. They are demanding
that I pay this amount in full even though I did not
withdraw more than 3500 riyals.

Answer:

Praise be to Allaah.

So long as you know that you did not withdraw more

than 3500 riyals, then you should pay them this amount
and no more, if you can do that.

If you cannot avoid it – such as if they threaten you with

jail etc – then negotiate with them to reduce the extra

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amount rest as much as you can. You also have to repent

greatly from this haraam transaction. And Allaah knows
best.

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

50016: Is it permissible to act as guarantor for a person

taking a loan from the bank?

Question:

What is the Islamic ruling on acting as guarantor for a

person taking a loan from the bank?.

Answer:

Praise be to Allaah.

If this loan is riba-based (as is the case with most banks),

meaning that the bank will take interest from him, then it
is not permissible for you to act as a guarantor for the
borrower, because by doing so you are helping the
borrower and the bank to engage in riba (usury, interest),
which is forbidden by Allaah and His Messenger, and
which the Muslims are unanimously agreed is haraam.

The scholars of the Standing Committee were asked about

the ruling on sponsoring a person who wants to borrow
from a riba-based bank. They replied:

If the situation is as described, and the bank will charge

interest on the loan, it is not permissible for the manager,
the accountant or the treasurer to cooperate with them in
that, because Allaah says (interpretation of the meaning):

“do not help one another in sin and transgression” [al-

Maa’idah 5:2]

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And 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.”

Fataawa al-Lajnah al-Daa’imah, 13/410

And Allaah knows best.

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

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

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(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.

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Fataawa Ibn Baaz, 4/30, 311

See also question no. 22392

And Allaah knows best.

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

45691: Does paying more than the amount required for

zakaah mean that one is allowed to take interest?

Question:

There seems to be some difference of opinion about

interest and whether it is halaal or haraam.
If I pay more than the amount required for zakaah in
Ramadaan or more than the amount of interest, will it
become permissible for me to take and dispose of this
interest and will it become pure?.

Answer:

Praise be to Allaah.

Interest from the bank is haraam according to the

consensus of reliable scholars. Many statements have been
issued to that effect by many respectable academic bodies
in the Muslim world, such as the statement issued by the
Islamic Research Council of al-Azhar in 1965 CE, which
included representatives and delegates from thirty-five
Muslim states. In this statement it says:

“Interest on all kinds of loans is forbidden riba, regardless

of the type of loan, because the texts of the Qur’aan and
Sunnah, when taken together, definitively forbid all
types.”

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A statement was also issued by the Islamic Fiqh Council

belonging to the Organization of the Islamic Conference,
in 1985 CE, in which it says:

“Interest on loans in return for deferral of repayment when

the borrower is unable to pay them when they are due,
and interest on loans from the outset, are both forms of
forbidden riba.”

A similar statement was also issued by the Islamic Fiqh

Council belonging to the Muslim World League in 1986
CE, in which it said:

“All wealth that comes by means of riba-based loans is

wealth that is haraam according to sharee’ah. It is not
permissible for the Muslim to make use of it, whether he
deposited the money for himself or for anyone of his
dependents, for any of their affairs. He has to dispose of
it by giving it to charitable projects that will benefit the
Muslims, such as schools, hospitals, etc. This does not
come under the heading of charity, rather it comes under
the heading of cleansing wealth of haraam elements.”

It is not permissible under any circumstances to leave

this interest in the riba-based bank to increase. This sin is
greater with regard to banks abroad, because they usually
support Christian and Jewish interests, thus they use the
wealth of the Muslims to further aggression against the
Muslims and mislead them from their religion. It should
also be noted that it is not permissible to continue to deal
with these riba-based banks, whether one deals directly
in interest or not.

See also questions no. 12823, 20695, 292, 22392.

Hence we may understand that the confusion that some

people try to stir up as to whether interest is haraam or
not is something to which no attention should be paid.

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Interest is impure wealth from which zakaah and charity

cannot be given, whether that is zakaat al-fitr in Ramadaan
or other kinds of charity. What you have to do is to get rid
of this money by donating it to Muslim charitable causes,
and also stop dealing with riba based banks as much as
you can. And Allaah knows best.

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

45656: How should they dispose of insurance money after

their father’s death?

Question:

After my husband died we began to get money from the

National Insurance and Pension Organization. We referred
this matter to the scholars, and some of them said that
this money should be distributed according to sharee’ah
because it is like an estate left by the deceased; others
said that it should be distributed according to the rules
and regulations governing insurance, because it is the
result of an agreement between the deceased and that
organization. We referred the second answer to the
scholars who held the first view, and they said that
insurance for government employees is something
compulsory and the employee does not have the right to
cancel it. Now I am arguing with my children about this
matter. What should I do?.

Answer:

Praise be to Allaah.

Insurance policies are based on ambiguity and are akin to

gambling, and it is not permissible for a Muslim to join
them voluntarily. If a Muslim is forced to join, and part
of his salary is deducted for that each month, then he does

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not have the right to take anything more than what was
deducted from him for that.

If his job ends or he leaves, he can take what was deducted

from him and spend the rest on charitable causes.
Similarly if this employee dies, it is not permissible for
his heirs to make use of what they take from these
institutions, apart from what was deducted from their
father’s salary.

What they take every month should be divided according

to sharee’ah, based on each person’s share of the
inheritance, not according to the rules and regulations
governing insurance. Sharee’ah takes precedence over
them, not the other way round.

See the answer to questions no. 2352, 21559 and 21262.

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

36410: He bought a car by installments from the bank, then

he sold it so that he could use the money to get married

Question:

I am a young man and I would to complete half of my

religion by getting married. I proposed to a girl but there
are a lot of expenses involved in getting married, namely
the mahr etc. I cannot afford all that, so one of the brothers
told me that the banks have a system called muraabahah
(purchase scheme). So I went there and the bank official
told me that I should go to one of the car showrooms (he
did not specify which one) and choose a car, and the bank
will buy it and sell it to me, in return for taking a profit of
40,741 riyals on an original price of 95,000 riyals, over a
period of 6.5 years. I do not have any other option because
my father is deeply in debt. I tried to borrow the money

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from anyone who would give it without demanding

interest, but I could not find anyone except one of the
banks. Any other method of raising the money without
any kind of buying or selling (i.e., money for money), is
regarded as blatant riba (usury). I want to get married,
and I fear temptation for myself. Please advise us, may
Allaah reward you.

Answer:

Praise be to Allaah.

This transaction that you want to engage in includes two

things:

1 – Buying a car through the bank. This is not permissible

unless two conditions are met:

(i) That the car should be owned by the bank. So the bank
should buy the car for itself from the showroom, before
selling it to you.

(ii) That the bank should take possession of the car by

moving it physically from the showroom before selling it
to you.

If both or either of these two conditions are not met, then

the transaction is haraam. See question no. 36408.

2 – Selling this car which has only been bought for this
purpose, namely obtaining money. This is what is called
tawarruq or buying and selling in order to obtain wariq,
i.e., silver.

This is permissible according to the majority of scholars,

subject to the condition that the car be sold to someone
other than the person from whom you bought it.

It says in Fataawa al-Lajnah al-Daa’imah (13/161):

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We hope that you can advise us about the issue of tuwarruq

and tell us what the ruling is on that.

The Committee replied:

Tuwarruq means buying a product and deferring the

payment, then selling it for payment on the spot to
someone other than the person from whom you bought it
for a deferred payment, in order to benefit from its price.
There is nothing wrong with this transaction according
to the majority of scholars.

End quote.

See also question no. 45042.

If the two conditions outlined above are met, there is no

sin on you in sha Allaah.

And we ask Allaah to help you and guide you.

And Allaah knows best.

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

20709: Is it permissible for him to inherit property that was

bought with a riba-based loan?

Question:

Can a person inherit property or a business bought with a

loan that had interest on it ?.

Answer:

Praise be to Allaah.

If a person takes out an interest based loan and buys

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property with it, when he dies the property becomes part

of the estate which is inherited from him, but he has sinned
by dealing in riba.

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him)

said:

What is haraam because of the way in which it is acquired

is haraam for the one who earns or acquires it, such as
riba. But if the person who dealt with riba dies, then his
wealth is permissible for his heirs. What is haraam in and
of itself, such as alcohol, is haraam to the one who acquires
and to the one to whom he passes it on. Similarly, if a
person steals something or seizes it by force then dies, it
is not permissible for his heir (to take the stolen property);
if he knows who it belongs to he must return it, otherwise
he should give it in charity on behalf of the owner.

From Liqaa’aat al-Baab al-Maftooh, 1/304

The Standing Committee issued a fatwa concerning a

person who built a house with a riba-based loan, stating
that he has to repent and seek forgiveness, and that he
does not have to destroy the house; rather use may be
made of it by him or someone else living in it.

Fataawa al-Lajnah al-Daa’imah, 13/411.

And Allaah knows best.

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

40217: He has repented from dealing with a riba-based

bank but he does not know what his capital was

Question:

I have a friend who used to deal with riba-based banks,

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and he took a loan and engaged in other riba-based

transactions – we ask Allaah to keep us safe and sound.
Allaah blessed him with guidance and he stopped all his
dealings with the banks. Now he does not know his
original capital, and he cannot separate it from the loans
and the interest. He wants to purify himself and his wealth
from previous years. What should he do? Please advise
us, may Allaah reward you.

Answer:

Praise be to Allaah.

Your friend should contact the bank to find out how much
the interest was that was added to his capital, then he
should get rid of this interest by spending it on charitable
causes. See question no. 292 and 2370.

If he does not know how much it is exactly, he should

pay what he thinks is most likely to be the amount of
interest that he took, and Allaah does not burden any soul
beyond its scope.

With regard to the interest-based loans that he took and

has paid off, that belongs to him. It is sufficient for him
to repent and regret what he has done, and to resolve not
to repeat such haraam actions.

We praise Allaah for helping him and guiding him away

from these haraam interactions, and we ask Him to bless
him in his wealth and to provide for him of His bounty.
And Allaah knows best. Islam Q&A (www.islam-qa.com)

20876: Taking interest and offsetting losses with riba

Question:

I have a small saving in a Bank Account for which I have

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recieved interest. I am in the process of clearing it up

now. However, I also had previously invested in a few
Banking stocks (unaware that it was wrong), which have
depreciated in value. can I set off my loss in the banking
stocks with the interest on my savings account??.

Answer:

Praise be to Allaah.

The one who has repented from riba should not take
anything but the capital of his wealth only, because Allaah
says (interpretation of the meaning):

“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 2:279]

It is not permissible to take anything more than that; if a

person has taken it he must get rid of it by spending it on
charitable causes.

In the question there are two issues which have nothing

to do with one another, and we must deal with them
separately: the interest which has been taken, and
offsetting the depreciation in the value of shares with this
interest.

With regard to the first issue: putting money in a riba-

based bank and taking more money than the original
capital. The scholars of the Standing Committee said:

The interest which the bank pays to depositors on the

money that they deposit is considered to be riba (usury,
interest), and it is not permissible to make use of this

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money. The person must repent to Allaah from depositing

money in riba-based banks, he should withdraw the money
that he deposited and the interest, then keep his original
amount and spend the interest in charitable causes, such
as on the poor and needy, renovating public facilities, and
so on.

Fataawa Islamiyyah, 2/404.

Shaykh ‘Abd al-‘Azeez ibn Baz (may Allaah have mercy

on him) said:

With regard to the interest that the bank gives you, do not
give it back to the bank and do not consume it, rather
spend it on charitable causes such as giving it to the poor,
renovating public washrooms, and helping debtors who
are unable to pay off their debts.

Fataawa Islamiyyah, 2/407

With regard to the second issue: offsetting the depreciation

in the value of shares with this interest, it is not permissible
to do this, because it is not permissible for you to take
this money and benefit from it, as stated above.

The person who buys shares has to bear losses in the value
of his shares from his own money; he does not have the
right to offset those losses with money that he acquires
from haraam sources.

The fact that he entered into this transaction when he was

unaware of the fact that it is haraam means that he is
absolved of any sin; he is excused by the fact that he did
not know. But that is not a reason for allowing him to
benefit from the interest by using it to offset these losses.

And Allaah knows best.

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

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33709: A company is offering a riba-based loan to its

employees

Question:

A company is offering its employees a benefit . Employees

can get a home building loan from any bank . The
company will pay all the interest accruing to this loan i.e
the employee is not paying the interest.But the employee
will have to pay some tax on this interest to the Govt.There
is no tax on the principal.I would like to know whether
such a loan is halal or haram for the employee?.

Answer:

Praise be to Allaah.

It is not permissible for the employees to take this loan

when they are – in fact – one of the parties to the contract.
It is proven in the saheeh Sunnah that the one who
consumes riba [usury, interest], the one who pays it, the
one who writes it down and the two who witness it are
cursed.

It was narrated that Jaabir said: The Messenger of Allaah

(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.

It seems that the company will only take this riba-based

loan if the employee applies for it and cooperates with
the company in getting this riba-based contract. And
Allaah says (interpretation of the meaning):

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“do not help one another in sin and transgression”

[al-Maa’idah 5:2]

These employees have to do without this loan, and seek

the reward for not taking it with Allaah, and Allaah may
compensate them with something better than that which
they refrained from.

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

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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)

39211: Putting money in the bank, and can hospitals be

built with zakaah funds?

Question:

If a person has money in a savings account or in the bank,

and he pays zakaah on that money every year, does this
money become dubious because of the interest? With
regard to paying zakaah, is it permissible to donate this
money for building a hospital or orphanage (by putting
this money in a special account) or must it be given hand
to hand?.

Answer:

Praise be to Allaah.

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Firstly:

Putting money in riba-based banks and taking riba for

that, which is called interest, is a major sin, and paying
zakaah on that money does not absolve one of sin.

See the answer to question no. 22339, which explains the

prohibition on riba.

The answer to question no. 181 explains the prohibition

on putting money in riba-based banks.

Secondly:

With regard to what zakaah may be spent on, it is not

permissible to use it for building a hospital or an
orphanage, whether it is given hand to hand or via another
means. The areas in which zakaah may be spent are limited
and it is not permissible to add anything to them. The
areas in which zakaah may be spent are mentioned in the
verse in which Allaah says (interpretation of the meaning):

“As-Sadaqaat (here it means Zakaah) are only for the

Fuqaraa’ (poor), and AlMasaakeen (the poor) and those
employed to collect (the funds); and to attract the hearts
of those who have been inclined (towards Islam); and to
free the captives; and for those in debt; and for Allaah’s
Cause (i.e. for Mujaahidoon — those fighting in a holy
battle), and for the wayfarer (a traveller who is cut off
from everything)” [al-Tawbah 9:60]

We have explained these further in our answer to question

no. 6977

We have stated in a number of our answers that it is not

permissible to use zakaah money for building mosques
or schools, or for printing copies of the Qur’aan.

See questions no. 13734 and 21797.

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But if the intention in giving the money to an orphanage

is so that this money will be spent on the poor orphans,
then this is permissible, if the orphans are poor.

It is better for you to dispose of the zakaah on your wealth

yourself, so that you can be certain that you have given it
to one of the causes enjoined by Allaah. You have to do
your best to identify those who are entitled to it.

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,

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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)

32534: How could the Islamic states allow the development

of riba-based banks?

Question:

I have read many fatwas which forbid dealing with banks

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that engage in riba, but I have a question: If these banks

are haraam and dealing with them is haraam, how can
they have been allowed to develop in the Islamic states?.

Answer:

Praise be to Allaah.

What is haraam is that which has been forbidden by Allaah

and His Messenger, and what is halaal is that which has
been permitted by Allaah and His Messenger.

Riba is haraam according to the Qur’aan, the Sunnah and

the consensus of the ummah. Every institution or bank
which is based on riba is subject to the declaration of war
from Allaah and His Messenger, whether it is in a Muslim
state or a kaafir state. Allaah says (interpretation of the
meaning):

“O you who believe! Be afraid of Allaah and give up what

remains (due to you) from Ribaa (from now onward) if
you are (really) believers.

And if you do not do it, then take a notice of war from

Allaah and His Messenger”

[al-Baqarah 2:278-279]

The fact that governments approve of the riba-based banks

should not be taken as proof that these banks are permitted.
The Prophet (peace and blessings of Allaah be upon him)
has told us that there will come a time when the people
will permit that which Allaah has forbidden, such as
adultery, alcohol and musical instruments. That does not
mean that these haraam things will become permissible
thereby.

The scholars have issued many warnings against these

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banks, and issued many fatwas stating that it is haraam to

work in them without paying any attention to the fact that
they are allowed by the state. They have often advised
the governments of Muslim countries to ban these riba-
based banks.

It says in Fataawa al-Lajnah al-Daa’imah (15/51):

“Riba is haraam according to the Qur’aan, the Sunnah

and scholarly consensus… working in banks that deal with
riba is haraam… The fact that the government may
approve of them or allow them to open banks or remains
silent about that does not mean that it is permissible for
the Muslim to deal with them. It is not permissible to
work in these banks because the government does not
possess legislative authority; rather legislative authority
belongs to Allaah alone in His holy Book, or the
Revelation that He sent to His Messenger (peace and
blessings of Allaah be upon him).”

And it also says (15/55):

“Working in banks that deal with riba is haraam, whether

that is in a Muslim state or in a kaafir state, because it
involves cooperating in sin and transgression, which
Allaah has forbidden as He 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]

Shaykh Ibn Baaz said, after quoting some of the evidence

from the Qur’aan and Sunnah that riba is haraam:

“This is some of the evidence from the Book of Allaah

and the Sunnah of His Messenger (peace and blessings

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of Allaah be upon him) which explains that riba is haraam

and the danger that it poses to the individual and to the
ummah. Whoever deals in it enters into a state of war
against Allaah and His Messenger. My advice to every
Muslim is to be content with that which Allaah and His
Messenger have permitted and to refrain from that which
Allaah and His Messenger have forbidden. What Allaah
has permitted is sufficient so that we have no need of that
which Allaah has forbidden. We should not be deceived
by the large number of riba-based banks and the spread
of their dealings in every place. Many people no longer
care about Islamic rulings, rather they care about making
money by any means. That is only because of their
weakness of faith and lack of fear of Allaah, and because
of their love for this world. We ask Allaah to keep us safe
and sound.”

Majallat al-Bukhooth al-Islamiyyah, 6/310

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

26771: Working in banks in an Islamic country

Question:

Is it permissible to work in the banks that exist in Islamic

countries that deal with riba?

My husband works in one of the banks that deal with

riba, and he works as a systems operator on programs
that have to do with technological and information
management. His main job is to ensure that all the
computer systems are working correctly, and installing
new systems, and assisting the bank employees.
I know that interest is haraam, and that it is a major sin,
but I have heard many opinions about working in banks,
one of which I have heard is that “if your work is not

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directly involved with interest, and the bank has other

sources of income apart from interest, then it is
permissible to work in the bank.

This is the only source of income that we have been living

on up till now. I hope that you can tell us whether the
income we have gotten from this job is haraam or not.

Answer:

Praise be to Allaah.

We ask Allaah to reward you with good for your keenness

and efforts to find out the truth, and to help your husband
to find permissible employment in which there is no sin.

Note that it is not permissible to work in riba-based banks

at all, because that involves consuming riba, or writing it
down, or witnessing it, or helping those who do that.

The major scholars have issued fatwas stating that

working in riba-based banks is haraam, even if the job
does not involve dealing with riba as such, e.g. guards,
cleaners and other services. We will quote to you some of
their fatwas, whilst also pointing out that your husband’s
work is strongly connected to riba and to recording and
documenting it, because as you say, his main job is to
ensure that all the computer systems are working correctly,
and installing new systems, and assisting the bank
employees.

It says in Fataawa al-Lajnah al-Daa’imah, 15/41:

It is not permissible for a Muslim to work in a bank that

deals with riba, even if the work that the Muslim does
has nothing to do with riba, because he is giving the
employees who do work with riba with what they need
and he is helping them with their calculation of interest.
Allaah says (interpretation of the meaning):

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“but do not help one another in sin and transgression”

[al-Maa’idah 5:2]

The Standing Committee (15/38) was asked: what is the

ruling on working in the existing banks?

They replied:

Most of the transactions that are done nowadays involve

riba, which is haraam according to the Qur’aan and
Sunnah and the consensus of the ummah. The Prophet
(peace and blessings of Allaah be upon him) ruled that
whoever helps the one who consumes riba or pays it by
writing it down for him or bearing witness to it, etc, is a
partner of the one who consumes it and the one who pays
it, and they are all cursed and expelled from the mercy of
Allaah. In Saheeh Muslim and elsewhere it is narrated
that Jaabir (may Allaah be pleased with him) said: The
Messenger of Allaah (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.”

Those who work in banks are helping the owners of the

banks by administering their operations, whether in
writing or bearing witness, or transferring papers or
handing over money, or doing other things that help those
who deal in riba. Hence it is known that working in an
existing bank is haraam. The Muslim should avoid that
and should try to earn a living in a way that Allaah has
permitted; and there are many such ways. He should fear
Allaah his Lord, and not expose himself to the curse of
Allaah and His Messenger.

And the Standing Committee (15/55) was asked:

(a) Is working in banks, especially in Muslim countries,

halaal or haraam?

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(b) Is there any specific section of the bank that is halaal,

as many think, and if that is correct could you explain
further?

They replied:

Firstly: working in banks that deal with riba is haraam,

whether that is in a Muslim country or a kaafir country,
because it involves cooperating in sin and transgression,
which Allaah has forbidden as He says (interpretation of
the meaning):

“but do not help one another in sin and transgression”

[al-Maa’idah 5:2]

Secondly: There is no section in the riba-based bank that

is exempt from this ruling according to what we know of
the pure sharee’ah, because all the bank employees are
cooperating in sin and transgression.

And the Standing Committee (15/18) was asked:

What is the ruling on working as a maintenance engineer

for one of the electronics companies that deal with some
of the riba-based banks, where the company sells
equipment (calculators, cameras, telephones) to the bank,
and tells us, as maintenance engineers, to go to the bank
to service this equipment on a regular basis? Is this work
haraam on the basis that the bank does its accounts and
organizes its work on these machines, and are we thus
helping them in sin?

They replied:

It is not permissible for you to work for companies that

are as you described, because that involves cooperating
in sin and transgression.

And it says in Fataawa al-Lajnah al-Daa’imah (15/48):

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It is not permissible for a Muslim to work in banks that

deal with riba, because that involves helping them to
engage in riba-based transactions in one way or another,
by writing them down, witnessing them, guarding the
bank, etc. Helping them in that manner is cooperating in
sin and transgression, which Allaah forbade when He said
(interpretation of the meaning):

“but do not help one another in sin and transgression”

[al-Maa’idah 5:2]

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him)

was asked: is it permissible to work for a riba-based
organization as a driver or guard?

He replied:

It is not permissible to work for a riba-based organization

even if you are a driver or a guard, because accepting
employment with a riba-based organization implies that
you approve of them, as whoever denounces something
could not work to serve its interests. If he works to serve
its interests, he must approve of it, and the one who
approves of something haraam has a share in its sin. With
regard to those who are directly involved in writing down
transactions, transferring money, depositing money, etc,
are undoubtedly dealing directly with something that is
haraam. It was proven from the hadeeth of Jabir (may
Allaah be pleased with him) that the Messenger of Allaah
(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.”

From Fataawa Islamiyyah, 2/401

And there are other well-known fatwas which forbid

working in riba-based banks, no matter what the kind of

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work involved. Based on this, your husband has to repent

to Allaah from what he has done in the past, and leave
this work, seeking the help of Allaah, putting his trust in
Him and being certain that He will grant him provision.
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).

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]

We ask Allaah to make us independent by means of that

which is halaal so that we will have no need of that which
is haraam.

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

20720: Islamic financial system

Question:

I would like to know,althought the islamic finance way is

known no element of riba.But i after i studied the way
how the islamic finance been use,i see that still have the
element of riba.So can u explain is there still any element
of riba in the islamic finance system?.

Answer:

Praise be to Allaah.

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Riba is emphatically forbidden in Islam. Allaah has

condemned the one who does that and has declared war
on him, and spoken of his bad end on the Day of
Resurrection. Allaah says (interpretation of the meaning):

“Those who eat Ribaa will not stand (on the Day of
Resurrection) except like the standing of a person beaten
by Shaytaan (Satan) leading him to insanity. That is
because they say: ‘Trading is only like Ribaa,’ whereas
Allaah has permitted trading and forbidden Ribaa. 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); but whoever returns (to
Ribaa), such are the dwellers of the Fire — they will abide
therein.

Allaah will destroy Ribaa and will give increase for

Sadaqaat (deeds of charity, alms). And Allaah likes not
the disbelievers, sinners”

[al-Baqarah 2:275, 276]

“O you who believe! Fear Allaah and give up what

remains (due to you) from Ribaa (from now onward) if
you are (really) believers.

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-Baraqah 2:278, 279]

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,

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1598, from the hadeeth of Jaabir (may Allaah be pleased

with him).

And he (peace and blessings of Allaah be upon him) said:

“A dirham of riba consumed knowingly by a man is worse
before Allaah than committing zina thirty-six times.”
Narrated by Ahmad and al-Tabaraani, classed as saheeh
by al-Albaani in Saheeh al-Jaami’, no. 3375.

And there are other texts which point to the enormity and
abhorrent nature of this crime.

The Islamic financial system does not approve of any

transaction that includes riba, rather the sharee’ah forbids
certain transactions so as to prevent the means that lead
to riba.

Secondly:

The banks that exist nowadays are all riba based banks,
with a few rare exceptions. Just because a bank is located
in a Muslim country does not mean that it is an Islamic
bank. Most of these banks are connected to Jewish and
Crusader banks overseas. It is most regrettable that in the
Muslim lands which are home to more than a billion
Muslims there is no Islamic bank that is free from riba,
apart from a few institutions.

So the decision makers among the Muslims have to pay

due attention to this matter and establish an independent
Islamic banking system. There are scholars and people
who are able to work in this field, and there is a great deal
of capital, praise be to Allaah.

Thirdly:

The true Islamic financial system is a system that is free

of riba, because it is a system that is derived from the
Book of Allaah and the Sunnah of His Messenger (peace

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and blessings of Allaah be upon him). Your saying in your

question that you have noticed riba in financial
transactions in the Islamic banks needs further
explanation. Perhaps you think that some of these
transactions involve riba when they do not.

We ask Allaah to set the Muslims’ affairs straight and to

help those in authority to do what is right and proper.
Praise be to Allaah, the Lord of the Worlds.

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

20107: Paying zakaah via credit card

Question:

I was wondering if it was permissible to pay zakah using

a credit card since i have the funds to do so and can pill
the bill without any interest.

Answer:

Praise be to Allaah.

Firstly:

It is not permissible to subscribe to credit cards unless

one is forced to do so, because this is a riba-based contract,
and riba is haraam according to the Qur’aan, Sunnah and
scholarly consensus.

See questions no. 13735, 13725 and 3402.

Secondly:

With regard to paying zakaah via credit card, if you have

money saved to cover what you are going to pay, so that

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you will not have to pay any interest – as you mention in

the question – then there is nothing wrong with paying
zakaah by this method.

But if you do not have money saved to cover what you

are going to pay, then this is considered to be a loan with
interest from the bank, which is riba and is haraam, so it
is not permissible for you to pay zakaah or anything else
by this method. Allaah is Good and does not accept
anything but that which is good.

And Allaah knows best. Islam Q&A

(www.islam-qa.com)

14098: Prohibition of selling bills of exchange to the bank

Question:

Some businessmen are owed money by their customers,

so they go to the bank and sell the bill of exchange to
them for an amount that is less than the amount specified
in the bill of exchange. Then the bank collects the debt
for itself when it becomes due. What is the ruling on this?.

Answer:

Praise be to Allaah.

This transaction is one of the transactions that are haraam,

and it is a form of riba (usury, interest).

Because selling a bill of exchange – for example – which

mentions a debt of one thousand riyals to be paid in one
month’s time to the bank for nine hundred riyals to be
paid immediately, is riba. The scholars are unanimously
agreed that this haraam transaction is both riba al-nasee’ah
and riba al-fadl combined, because it involves exchanging

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currency available immediately for currency of the same

kind to be paid later, plus an extra amount.

If currency is exchanged for currency of a different kind,

the physical exchange must be done in the same sitting
where the agreement is made. If they are of the same kind,
then they must be equal in value and the physical exchange
must be done in the same sitting where the agreement is
made. This is not the case in this scenario; so it involves
riba al-fadl because the amounts exchanged are not equal
and it also involves riba al-nasee’ah because there is no
mutual exchange in the same sitting.

The Standing Committee was asked about that and they

replied:

Selling the bill of exchange to the bank in return for an

amount of money and leaving the bank to collect the
amount stated in the bill of exchange from the purchaser
of the product is haraam because it is riba. Fataawa al-
Buyoo’, p. 352

The Fiqh Council issued the following statement:

Selling bills of exchange to the bank is not permissible

according to sharee’ah, because it amounts to riba.

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

9348: He works for a company that deals with insurance

Question:

I work for a shipping company that ship package all over

the world. I was told by my supervisor that i will be require
to ask the customer if they want too add insurance wich s
35 cent on every hundred dollar to protect their package
and i have to push button on the computer and it’s done

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in seconds.My questin is will this make my job haram

because of the insurance ? Is this RIBA ? Will I be CURSE
by ALLAH for this ?.

Answer:

Praise be to Allaah.

Firstly:

Working in shipping is halaal if the products being shipped

are things that are permissible according to sharee’ah and
are not haraam things such as alcohol, pork or anything
that it is forbidden to eat, drink, wear, etc.

Secondly:

The commercial insurance which insurance companies

deal in is haraam. One of the reasons for it being haraam
is the fact that it involves riba and gambling, both of which
are haraam according to the texts of the Qur’aan and
Sunnah, and the consensus (ijmaa’) of the Muslims.

See Question no. 8889.

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy

on him) said:

Insurance on one’s life and property is haraam according

to sharee’ah and is not permitted, because it involves
ambiguity and riba. Allaah has forbidden all riba-based
transactions and all transactions that involve ambiguity,
out of mercy towards this ummah and to protect it from
that which may harm it. Allaah says (interpretation of the
meaning):

“Allaah has permitted trading and forbidden Riba”

[al-Baqarah 2:275]

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and it was narrated in a saheeh hadeeth that the Messenger

of Allaah (peace and blessings of Allaah be upon him)
forbade transactions involving ambiguity. And Allaah is
the Source of strength.

Fataawa Islamiyyah, 3/5

Thirdly:

Allaah describes riba as a very serious issue, and warns

against it, as He 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.

And if you do not do it, then take a notice of war from

Allaah and His Messenger” [al-Baqarah 2:278-279]

Muslim (1598) narrated that Jaabir said: The Messenger

of Allaah (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.
He said, “They are all the same.”

Al-Nawawi said:

This clearly shows that it is haraam to write d own the

contract between the two parties or to witness it. It also
shows that it is haraam to help others to commit falsehood.

Your pushing the button to proceed with the insurance is

like writing it down, so it is included in the hadeeth quoted
above.

Fourthly:

It is not permissible for a Muslim to work for a company

that deals in riba and other haraam transactions. The
prohibition is not restricted to the one who writes down

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the details of the riba or the one who witnesses it, rather
it includes all the employees who work in the company,
even the doorkeepers and security guards, because this
helps the company to do the haraam transactions that they
engage in. And 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]

Fifthly:

The Muslim should look for halaal work, for consuming

haraam wealth is one of the things that prevent du’aa’
from being answered, and is one of the causes of entering
Hell. Any body that has been nourished on haraam
earnings, the Fire is more fitting for it.

If a Muslim gives up something haraam in obedience to

Allaah, then Allaah will replace it with something better
than it, for whoever gives up something for the sake of
Allaah, Allaah will compensate him with something better.

And Allaah knows best.

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

3974: He has a debt and he wants to go for Hajj

Question:

I have bank loan, and very very strongly I wish to go for

umrah. but as I know I have to finish all loans before I
will go to Umrah or Hajj. Can U please tell me the proper
way and limitations in Islam.

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Answer:

Praise be to Allaah.

Firstly:

If this loan is based on riba (usury, interest), then it is

haraam and is one of the major sins and one of the seven
sins that doom a person to Hell. All of the nations regarded
it as forbidden, even the Greeks who were idol-
worshippers. One of them, whose name was Solon said:
Money is like a sterile hen; a drachma cannot give birth
to a drachma.

In the Christian belief it says that one who consumes usury

should not be shrouded if he dies, and even the Jews
forbade usury.

Islam has forbidden it in a manner that leaves no room

for doubt concerning its prohibition.

Allaah says (interpretation of the meaning):

“Allaah has permitted trading and forbidden Ribaa. 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); but whoever returns (to
Ribaa), such are the dwellers of the Fire — they will abide
therein”

[al-Baqarah 2:275]

“O you who believe! Fear Allaah and give up what

remains (due to you) from Ribaa (from now onward) if
you are (really) believers”

[al-Baqarah 2:278]

Abu Juhayfah (may Allaah be pleased with him) narrated

that the Messenger of Allaah (peace and blessings of

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Allaah be upon him) forbade the price of blood, the price

of a dog and the earnings of a prostitute, and he cursed
the woman who does tattoos and those who have them
done, the one who consumes riba (usury) and the one
who pays it, and he cursed the one who makes images.

Narrated by al-Bukhaari, 2123.

It was narrated that ‘Abd-Allaah ibn Mas’ood (may Allaah

be pleased with him) said: The Messenger of Allaah (peace
and blessings of Allaah be upon him) cursed the one who
consumes riba and the one who pays it.

Narrated by Muslim, 1597.

It was narrated from Abu Hurayrah (may Allaah be pleased

with him) that the Prophet (peace and blessings of Allaah
be upon him) said: “Avoid the seven sins that doom a
person to Hell.” They said, “O Messenger of Allaah, what
are they?” He said: “Associating others in worship with
Allaah (shirk); witchcraft; killing a soul whom Allaah
has forbidden killing, unless that is done lawfully;
consuming riba (usury, interest); consuming the property
of orphans; running away from the battlefield; slandering
innocent chaste believing women.”

Narrated by al-Bukhaari, 2615; Muslim, 89

It was narrated that Samurah ibn Jundub (may Allaah be

pleased with him) said: The Prophet (peace and blessings
of Allaah be upon him) said: “Last night I saw (in a dream)
that two men came to me and took me out to a sacred
land. They set out with me until we came to a river of
blood in which a man was standing, and on the bank of
the river there was a man with stones in front of him,
facing the man who was in the river. Every time the man
wanted to get out, the man (on the bank) threw a stone
into his mouth and he went back to where he had been. I

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said: ‘What is this?’ They said, ‘The one whom you saw
in the river is the one who consumed riba.’”

Narrated by al-Bukhaari, 1979.

So you have to repent to Allaah from this action.

But if the loan was a good kind of loan that did not involve
riba, there is nothing wrong with it.

Secondly:

With regard to Hajj: the person who cannot spend on

himself because he is of limited means is not obliged to
go for Hajj, but which of the two is more important, going
for Hajj or paying off the debt?

The most correct view is that paying off the debt is more
important, because the debtor is not obliged to do Hajj,
since one of the conditions of Hajj is that one should be
able to do it.

If there is a conflict between your doing Hajj and your

paying off your debt, then give priority to paying off the
debt. But if there is no conflict, such as there being plenty
of time for you to pay off your debt, or if the person to
whom you owe money is patient and can wait, then the
correct view is that there is nothing wrong with your doing
Hajj or ‘Umrah.

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy

on him) said:

It is permissible for a person who is in debt and facing

financial hardship, either because he is unable to earn
money or because the creditor is absent and he cannot
pay him, to go for Hajj if someone else takes him for
Hajj, provided that this does not affect his ability to pay
the debt.

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Majmoo’ al-Fataawa, 26/16

All of that is subject to the condition that you are

completely able to perform Hajj and that you pay off debts
to anyone who asks you to pay him back when the debt
becomes due, and that you are able to pay for the journey
and its provisions, and whatever you need to take care of
your affairs whilst you are travelling, without neglecting
your family or those on whom you are obliged to spend.

So you should leave with them enough to cover their

needs. If you do not do that then you are sinning and
neglecting those whom Allaah has commanded you to
take care of.

It was narrated that Khaythamah said: we were sitting

with ‘Abd-Allaah ibn ‘Amr when Qaharmaan came to
him. He said, ‘Have you given the slaves their food?’ He
said, ‘No.’ He said, ‘Go and give it to them. The
Messenger of Allaah (peace and blessings of Allaah be
upon him) said: “It is sufficient sin for a man if he
withholds the food of his slave.”’ Saheeh Muslim, 996

It was narrated from Ibn ‘Umar that the Messenger of

Allaah (peace and blessings of Allaah be upon him) said:
“It is sufficient sin for a man if he neglect those whom he
is responsible for.”

Narrated by Abu Dawood, 1692 And Allaah knows best.

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

9700: Should he pay back an interest-based loan?

Question:

I had taken a government student loan to finance my

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studies, at the time i took it i was not relegious but ive

now come to know that it was a mistake. I thought of
finsihing my studies and paying it off, however recently
a brother approached me saying that the scholars have
given a fatawa that anyone in the west(Canada) who has
a loan from the government should not pay it back becuase
these governments are financing the attack against our
brothers in chechnya. Is this true? and please advize me
as to what i should do regarding my loan?.

Answer:

Praise be to Allaah.

Firstly:

Praise be to Allaah Who has guided you to the truth and

has made you become religiously-committed. This is one
of the greatest blessings that Allaah can bestow upon a
Muslim.

Secondly:

If the loan involves paying interest when paying it back,

then this loan is haraam and it is not permissible to
continue with it. 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”

[al-Baqarah 2:278]

If it is possible to cancel this loan, then you must do so.

Thirdly:

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You have to repent and seek forgiveness, and feel regret

for what you did, and resolve not to do it again. And be of
good cheer, for Allaah accepts the repentance of His slave
when he repents. The Prophet (peace and blessings of
Allaah be upon him) said: “The one who repents of sin is
like one who did not sin at all.” (Narrated by Ibn Maajah,
4250; classed as hasan by al-Albaani in Saheeh Ibn
Maajah, 3427).

Fourthly:

If you cannot get rid of this loan, then you have to pay it
off. If you can get out of paying the interest without any
negative consequences, then you must do that, because it
is not permissible for you to pay interest (riba), for the
Prophet (peace and blessings of Allaah be upon him)
cursed the one who consumes riba, the one who pays it,
the one who records it and the two who witness it. He
said they are all the same. (Muslim, 1598).

If you cannot avoid paying this interest, then pay it because

you are forced to do so, whilst hating it in your heart.
Allaah does not burden anyone beyond what he is able to
bear. It is sufficient for you to repent and regret what you
did, in sha Allah.

Fifthly:

The idea that these governments are financing the attacks

against Chechnya is something which has to be proven.
Even if it is proven, it does not mean that every dealing
with them becomes haraam. Rather with regard to what
involves helping in falsehood or in waging war against
Muslims –as the questioner mentioned – or in things that
are forbidden in sharee’ah, it is not permissible to help in
that or to get involved in it.

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

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22339: Regarding riba as permissible

Question:

What is the ruling on regarding riba as permissible? Thank

you very much.

Answer:

Praise be to Allaah.

Riba is forbidden according to the Qur’aan and Sunnah,

and definitive scholarly consensus. Whoever regards it
as permissible is a kaafir, because the basic principle is
that whoever rejects something on which there is obvious
scholarly consensus is guilty of kufr.

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy

on him) said:

The belief that the well-known obligations are obligatory

and that the well-known prohibitions are forbidden is one
of the most important basic principles of faith, and the
one who rejects that is a kaafir according to scholarly
consensus.

Majmoo’ al-Fataawa, 12/497.

Ibn Qudaamah (may Allaah have mercy on him) said:

Whoever believes that something is permissible when

there is consensus that it is forbidden and the ruling
thereon is well known among the Muslims and the texts
leave no room for doubt concerning it – such as pig meat,
adultery and the like, concerning which there is no
difference of scholarly opinion – is guilty of kufr.

Al-Mughni, 12/276

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Al-Nawawi (may Allaah have mercy on him) said:

But nowadays Islam has spread and the knowledge that

zakaah is obligatory is well known to the elite and
commoners alike; the scholar and the ignorant are both
aware of it. So no one has any excuse for misinterpreting
(the texts) and denying it. The same applies to everyone
who denies any matter of religion on which the ummah
is agreed, if knowledge of it is widespread, such as the
five daily prayers, fasting the month of Ramadaan, doing
ghusl to cleanse oneself of janaabah (impurity following
sexual activity), the prohibition on adultery, alcohol and
marrying mahrams, and other rulings, unless he is new in
Islam and does not know its rulings, in which case if he
denies something out of ignorance he is not guilty of
kufr… But with regard to matters on which there is
consensus but which may only be known by those with
specialized knowledge, such as the prohibition on being
married to a woman and her paternal aunt or maternal
aunt at the same time, or that the one who kills with intent
cannot inherit (from his victim), or that the grandmother
is entitled to one-sixth (of the estate), and other such
rulings, then whoever denies them is not guilty of kufr,
rather he is to be excused because knowledge of these
things is not widespread among the common folk.

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him)

said:

The ruling on riba is that it is haraam according to the

Qur’aan and Sunnah and scholarly consensus. It is
classified as one of the major sins, because Allaah says
(interpretation of the meaning):

“but whoever returns (to Ribaa), such are the dwellers of

the Fire — they will abide therein”

[al-Baqarah 2:275]

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“And if you do not do it, then take a notice of war from

Allaah and His Messenger”

[al-Baqarah 2:279]

and because the Messenger of Allaah (peace and blessings

of Allaah be upon him) cursed the one who consumes
riba, the one who pays it, the two who witness it and the
one who writes it down. So it is a major sin.

There is scholarly consensus that it is forbidden, hence

whoever denies that it is forbidden although he lives in a
Muslim environment is an apostate, because this is one
of the obviously forbidden things on which there is
consensus.

But if we say this, does that means that the scholars are
agreed on all forms of riba? The answer is no; there is a
difference of opinion concerning some forms of it. This
is like what we have said about zakaah being obligatory
according to consensus, but despite that there is no
consensus on every form of it. They differed concerning
the zakaah on camels and oxen that are used for farming
or irrigation, and they differed concerning the zakaah on
jewellery and the like, but in general the scholars are
agreed that riba is haraam and is a major sin.

Al-Sharh al-Mumti’ ‘ala Zaad al-Mustanqi’, 8/387

Based on that, it may be said:

Whoever denies that riba is forbidden is a kaafir, because

the fact that it is forbidden is one of the matters indicated
by the texts, and the scholars are obviously agreed that it
is haraam, and this is well known among the Muslims.

But if he denies that a specific form of riba is forbidden,

concerning which there is a difference of opinion among
the scholars or there is no consensus that it is obviously

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forbidden, then he is not a kaafir; rather his case should

be examined further. He may be a mujtahid who will be
rewarded for his ijtihad, or he may be excused, or he may
be an evildoer if by regarding this as permissible he is
following his own whims and desires.

And Allaah knows best. May Allaah send blessings and

peace upon our Prophet Muhammad.

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

22905: Benefitting from a house that was built with an

interest-based loan

Question:

3 years ago we bought a house with a morgage with

interests [riba] after we heard a fatwa.now we finished
paying it [we payed a big part of it cash ] my questions
are ;-

1- is it halal for us to live in this house.

2- can we rent it.

3- can we use it as a work place . [business,work from

home].

Answer:

Praise be to Allaah.

Firstly:

You have to repent to Allaah for this interest-based loan,

because interest (riba) is one of the worst of major sins.
Allaah says (interpretation of the meaning):

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“O you who believe! Fear Allaah and give up what

remains (due to you) from Riba (from now onward) if you
are (really) believers.

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 2:278-279]

Ibn Katheer (may Allaah have mercy on him) said in his

Tafseer (2/657):

“This is a stern warning and a threat to those who persist

in dealing in riba after having been warned. Ibn Jurayj
said: Ibn ‘Abbaas said: ‘Take a notice of war’ means, be
certain of war from Allaah and His Messenger… and it
was narrated that Ibn ‘Abbaas said: It will be said on the
Day of Resurrection to the one who consumed riba: ‘Take
up your weapon for war.’ Then he recited (interpretation
of the meaning):

‘And if you do not do it, then take a notice of war from

Allaah and His Messenger’

[al-Baqarah 2:279].”

The Messenger of Allaah (peace and blessings of Allaah

be upon him) cursed the one who consumes riba, the one
who pays it, the one who records it and the two who
witness it, and he said: “They are all the same.”

(Narrated by Muslim, 1598).

With regard to living in this house, if you have repented

to Allaah then there is nothing wrong with you living in it
or renting it out or using it as a place of business.

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The Standing Committee was asked about a man who

took out an interest-based loan and built a house: should
he knock down the house, or what should he do?

They replied:

If the situation is as you say, then what you have done by

taking out this loan in this manner is haraam because it is
riba. You have to repent and seek forgiveness for that,
and regret what you have done, and resolve not to do
such a thing again. With regard to the house that you built,
do not knock it down, rather make use of it by living in it
etc, and we hope that Allaah will forgive you for your
careless action. Fataawa al-Lajnah al-Daa’imah, 13/411.

We ask Allaah to accept our repentance and to help us to

do that which He loves and which pleases Him.

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

30798: Putting money in riba-based banks

Question:

I am a woman and I have a lot of money that I inherited.

I am spending on my house, food, college fees and
arranging marriages for my children. My husband is a
police officer, but his salary is not enough for us to live
comfortably without any financial difficulties. I put all
my inheritance in the bank and we are living on the
interest. Is the way I am spending it counted as zakaah or
do I have to pay zakaah too? How much is the zakaah on
the interest or the capital?.

Answer:

Praise be to Allaah.

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1 – Putting money in riba-based banks and taking the

riba (which is called “interest”) is haraam and is a major
sin.

The scholars of the Standing Committee said:

Firstly:

The profits which the bank pays to depositors on the sums

of money that they deposit in the bank is regarded as riba
(usury, interest) and it is not permissible for him to benefit
from these profits. He has to repent to Allaah from
depositing money in riba-based banks, and withdraw the
money he deposited and the interest. He should then keep
the capital and spend the interest on charitable causes to
help the poor and needy, to provide facilities and so on.

Secondly:

He should look for a way that avoids dealing in riba, even

if it is investing in a store, and put his money there as a
mudaarabah transaction, on the basis that he will have a
set share of the profits, such as one-third, or he should
put the money there for safekeeping, without getting any
interest.

Fataawa Islamiyyah, 2/404

What is meant by mudaarabah (silent partnership or

limited partnership) is when two people cooperate, one
by contributing money and the other by doing the work,
and the profits are shared between them according to
whatever agreement they reached.

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy

on him) said:

Undoubtedly dealing with banks that deal with riba is not

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permissible, because that is helping them in sin and

transgression. 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]

And 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 records it and the
two who witness it, and he said, “They are all the same.”
This was narrated by Muslim in his Saheeh.

With regard to putting money in riba-based banks with a

monthly or annual interest payment, this also comes under
the heading of riba which is haraam, according to scholarly
consensus. As for putting it in the bank without interest,
in order to be on the safe side it is better not to do that
except in case of necessity if the bank deals with riba,
because putting money in the bank, even if you do not
take interest, is still helping them to do riba-based
transactions, so there is the fear that the one who does
this will come under the same heading as those who
cooperate in sin and transgression, even if that is not what
he intended. So we must beware of that which Allaah has
forbidden and look for the right way to keep our money
and dispose of it. May Allaah help the Muslims to do that
which will lead to their happiness and glory and success.
May He make it easy for them to quickly establish Islamic
banks that are free from riba-based transactions, for He
is able to do that.

May Allaah send blessings upon our Prophet Muhammad

and his family and companions.

Fataawa Ibn Baaz, 4/30, 31

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2 – What a mother spends on her children does not count

as zakaah, because if a father is unable to spend on his
children, the duty to do so passes to the mother, if she has
the means. Al-Mughni, 11/373

If the mother is obliged to spend on her children and they

become independent of means because of this spending,
then it is not permissible to give them zakaah.

3 – The money should be withdrawn from the riba-based

bank quickly, and it is not permissible for you to benefit
from any of the interest, rather you have to get rid of it by
spending it in any charitable way. The interest that you
took before is forgiven, if you took it because you were
unaware of the Islamic ruling.

Shaykh ‘Abd-Allaah ibn Jibreen said:

You have to repent for the riba that you consumed that
was given to you by the bank in the name of interest, but
you do not have to dispose of it. Rather it is something
that Allaah forgives, because He says (interpretation of
the meaning):

“So whosoever receives an admonition from his Lord and

stops eating Ribaa, shall not be punished for the past;
his case is for Allaah (to judge)”

[al-Baqarah 2:275]

If you take riba after that, then give it to those who deserve
charity, whether they are relatives or strangers, so that
you may be free of the sin of consuming riba.

Fataawa Islamiyyah, 2/406, 407

And Allaah knows best.

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

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7030: Using credit cards in cases of necessity

Question:

I am aware that using a visa card, etc. that carries abalance

is considered riba, but does a card that you pay off each
month without a balance and no interest charge still apply
to this? is it still riba?.

Answer:

Praise be to Allaah.

This question has been asked before, under No. 3402,

where it says: Credit cards are based on conditions of
riba: if I delay repayment, they will impose a penalty on
me, but in the place where I live in America, I cannot rent
a car or a store or use many services without a credit card.
If I do not use a credit card I will have a lot of problems
and it will be unbearable for me. If I commit to paying it
off by a certain time so that I will not pay any interest, is
it permissible for me to use this card in the difficult
circumstances in which I live?

He answered as follows: If it is certain that not using it is

going to cause difficulty and the likelihood of you being
late in paying it is remote, then I hope that there is nothing
wrong with that. (Answered by Shaykh Muhammad ibn
‘Uthaymeen, may Allaah have mercy on him).

It should be noted that two conditions are mentioned in

the question: not using it should cause difficulty and he
should have no other option butt o use it; and the second
condition is that he should be committed to paying it off
without any delay.

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

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26789: Ruling on depositing money in riba-based banks

Question:

What is the ruling on depositing money in riba-based

banks?

Answer:

Praise be to Allaah.

Putting money in the bank to get monthly or annual

interest is a kind of riba that is haraam according to
scholarly consensus. If it is simply deposited without
interest, it is still wiser not to do that except in cases of
necessity if the bank is one that deals with interest, because
depositing money in the bank, even if no interest is
involved, is still helping them to conduct their riba-based
transactions, so there is the fear that the person who does
that may be counted as one of those who help others in
sin and transgression, even if he does not intend to do so.
So we must beware of that which Allaah has forbidden
and look for acceptable ways of saving our money and
disposing of it. May Allaah help the Muslims to do that
which will lead to their happiness, honour and salvation,
and make it easy for them to work quickly to establish
Islamic banks that are free of riba-based transactions, for
He is Able to do that. May Allaah send blessings upon
our Prophet Muhammad and his family and companions.
Fataawa Ibn Baaz, 4/30, 311 (www.islam-qa.com)

22392: Depositing money in a riba-based bank

Question:

Is it allowed for me to keep the money in the Bank for

transactions only, if i will not take any Interest on the

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deposited money. But obviously bank will use this interest

for themselves

Answer:

Praise be to Allaah.

It is not permissible to put money in a bank that deals in

riba (usury or interest), and the Muslim should not do
that unless he is forced to, in which case the following
three conditions apply:

1 – He should have the need to do that, meaning that

there is no safe place to keep his money except this bank.
If he can find another place where he can keep his money
apart from this riba-based bank, then it is not permissible
for him to deposit his money in this bank which deals
with riba.

2 – The bank should not deal one hundred percent with

riba; if the bank’s dealings are one hundred percent with
riba then it is not permissible to deposit his money with
them at all, because depositing one’s money there in this
case is helping the bank to engage in riba, and it is not
permissible to help anyone with riba.

3 – The depositor should not take any profit, because if

he takes any profit that will be riba, and riba is haraam
according to the Qur’an and Sunnah and the consensus
of the Muslims.

With regard to the questioner’s saying that if he does not

take the interest the bank will take it:

This is not interest, rather it is riba which is haraam, and

it belongs to the bank in the first place. The depositor
does not have the right to take anything of it, because

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Allaah has commanded us to abstain from riba when He

said (interpretation of the meaning):

“O you who believe! Be afraid of Allaah and give up what

remains (due to you) from Ribaa (from now onward) if
you are (really) believers”

[al-Baqarah 2:278]

And He warned against taking riba when He said:

“And if you do not do it, then take a notice of war from

Allaah and His Messenger”

[al-Baqarah 2:278-279]

It should also be noted that depositing this money in the

banks is not regarded as depositing it in the shar’i sense,
because depositing something in sharee’ah means leaving
it with someone for safekeeping, which means that the
owner cannot use it; but when money is deposited in the
bank, the bank uses the money, so it is a form of lending,
not depositing for safekeeping. The fuqaha’ have
explained this point, that if the depositor gives the keeper
permission to use his money, it is no longer a deposit for
safekeeping, rather it is a loan. (Therefore anything added
to the principle is riba).

And Allaah knows best. May Allaah send blessings and

peace upon our Prophet Muhammad.

See Fataawa Manaar al-Islam, 2/433-440 by Shaykh Ibn

‘Uthaymeen.

Islam Q&A

Sheikh Muhammed Salih Al-Munajjid (www.islam-

qa.com)

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13709: It is not permissible to impose a penalty for delay in

praying off a debt

Question:

Is it considered riba to charge a person for a bounced

check? For example, a person writes a check to a business
for a certain amount, but when they go to retrieve the
funds, the money is not there, and then the business
charges them a fee for lying on their check. Is this charge
riba?

Answer:

Praise be to Allaah.

Yes, it is not permissible for you to take anything but the

money which you are owed. If an additional amount is
charged because of the delay or because you had difficulty
in getting the money, this additional amount is not
permissible. Rather you should take from him only the
amount that was written on the cheque. But if he gives
you something to make up for your difficulties, such as a
payment for going to the bank, this is acceptable, but
stipulating that an additional amount must be paid in the
case of delay is not permissible.

Shaykh ‘Abd-Allaah ibn Jibreen. (www.islam-qa.com)

20933: What is the ruling if he sells a company which owes

money to others?

Question:

What is the position on debts which are owed by a

company when it is sold?

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Answer:

Praise be to Allaah.

The debts are not included in the sale contract, and they
are still owed by the original borrowers.

Shaykh Ibn Jibreen (www.islam-qa.com)

20807: Ruling on getting back a loan from interest-based

money

Question:

A debtor transferred his debt to an interest-based bank. Is

it permissible for the lender to take what he is owed from
the bank when he knows that the contract between the
bank and the debtor is based on interest?

Answer:

Praise be to Allaah.

It may be permissible, because the lender is not a party to

the interest-based transaction. But he should try to advise
both parties.

Shaykh Ibn Jibreen (www.islam-qa.com)

12823: Bank’s interest is called riba (usury) in sharee’ah

Question:

Is it true that Islam prohibits financial investment into

assets that provide a fixed rate of return?

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Answer:

Praise be to Allaah.

The religion of Islam is the true religion which was

brought by the Messenger of Allaah (peace and blessings
of Allaah be upon him). It includes the most perfect laws,
as Allaah says (interpretation of the meaning):

“This day, I have perfected your religion for you,

completed My Favour upon you”

[al-Maa’idah 5:3]

The sharee’ah (law) of the Qur’aan is a perfect,

comprehensive and eternal law, containing all the rulings
which bring happiness to people in this life and in the
Hereafter. That includes rulings on matters of finance,
the rulings which regulate and list the means of earning
and spending money. It is not permissible to earn money
in every way or to dispose of money in whatever way a
person desires. In all these matters, one has to submit to
the laws of Allaah, which include the prohibition on
interest. Allaah says (interpretation of the meaning):

“Allaah has permitted trading and forbidden Riba” [al-

Baqarah 2:275]

“O you who believe! Be afraid of Allaah and give up

what remains (due to you) from Riba” [al-Baqarah 2:278]

Some of the obvious forms of riba include taking and

giving interest on loans. Loans with interest are not
permissible, and what is called interest in the language of
the banks is riba in the language of sharee’ah. The “goodly
loan” (al-qard al-hasanah), on the other hand, is the loan
by means of which one intends to show kindness to
another and do him a favour, which does not involve
taking interest. What the banks call loans are in fact

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contracts of riba. Allaah is Wise in His rulings because

He has prescribed that which is in man’s interests in this
life and in the Hereafter, and He is the All-Wise, All-
Knowing. Shaykh ‘Abd al-Rahmaan al-Barraak.
(www.islam-qa.com)

21914: Should he go for an interest-based mortgage if that

is cheaper than renting?

Question:

Here in the UK; to buy a house you have to take a

mortgage; that is you borrow money from the bank with
interest; now I am paying rent for accomadtion; but if I
take the mortgage option it works better for me as I will
pay less per month, and the house will be mine; is that
halal; if not what is the best way to do it?

Answer:

Praise be to Allaah.

Dealing with riba (interest, usury) is haraam according to

the Qur’aan, Sunnah and scholarly consensus. So it is
not permissible to do that, no matter how great the need.
The fact that a person may need a house or car, or to get
married, or any other need, does not give him the excuse
to do something that Allaah has forbidden. The Muslim
has to fear Allaah and remember that He is always
watching; he should prefer the Hereafter to this life. If he
finds someone who will lend him the money then all well
and good. If he cannot find anyone who will do that then
he could borrow from a Muslim, taking a loan with no
interest involved. If he cannot find anyone to lend him
money then he should be patient in the hope of earning
reward. Whoever gives up something for the sake of

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Allaah, Allaah will compensate him with something better

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

2711: Transferring money from one currency to another

Question:

What is the ruling on money which is transferred from

one currency to another? For example, I am paid in Saudi
riyals, and I transfer it to Sudanese riyals. One Saudi riyal
is equal to three Sudanese riyals. Is this riba?

Answer:

Praise be to Allaah.

It is permissible to change notes of one currency into notes

of another currency, even if there is a difference in value,
because they are of different types, such as the examples
mentioned in the question. But this is subject to the
condition that the exchange be completed in one sitting.
Checks and money orders are counted as exchanges done
in one sitting.

And Allaah is the Source of strength. May Allaah bless

our Prophet Muhammad and grant him peace.

From the fatwas of the Standing Committee.

(www.islam-qa.com)

1231: It is not permissible for the vendor to charge extra to

the one who makes late payments

Question:

I would like to ask this question concerning my business,

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I usually sell cars and finance it by islamic law which

mean i dont charge any interest,but to brotect my self i
usually charge a late charge fee if they dont pay on
time,please advice me is this halal or haram?

Answer:

Praise be to Allaah.

This extra fee that you are charging for late payments
from the purchaser is the essence of ribaa. Hence when
Allaah stated that the ribaa which the people of the
Jaahiliyyah used to charge when the debtor delayed
payment, when they would charge the debtor more in
return for a respite, was forbidden, He commanded that
the debtor should be given a respite without further
charges being made. Allaah said (interpretation of the
meaning):

“And if the debtor is in a hard time (has no money), then

grant him time till it is easy for him to repay; but if you
remit it by way of charity, that is better for you if you did
but know” [al-Baqarah 2:280]

And Allaah knows best.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

9054: Ruling on taking an interest-based loan for an urgent

need

Question:

What is the ruling on taking an interest-based loan from

the bank for an urgent need such as continuing university
studies, or buying a car for one who has a family, or buying

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a house for a family, knowing that the person who is taking

the loan cannot find anyone to lend him money without
interest?

Answer:

Praise be to Allaah.

Firstly: ribaa (interest, usury) is haraam wherever it exists

and whatever form it takes. It is haraam for both the owner
of the capital and whoever borrows it from him with
interest, whether the borrower is rich or poor. Both are
guilty of sin and indeed both of them are cursed. Whoever
helps them in that, the one who writes down the contract
and the one who witnesses it are also cursed, because of
the general meaning of the aayahs and sound ahaadeeth
which indicate that it is haraam.

Allaah says (interpretation of the meaning):

“Those who eat Ribaa will not stand (on the Day of
Resurrection) except like the standing of a person beaten
by Shaytaan (Satan) leading him to insanity. That is
because they say: ‘Trading is only like Ribaa,’ whereas
Allaah has permitted trading and forbidden Ribaa. 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); but whoever returns (to
Ribaa), such are the dwellers of the Fire — they will abide
therein.

Allaah will destroy Ribaa and will give increase for

Sadaqaat (deeds of charity, alms). And Allaah likes not
the disbelievers, sinners” [al-Baqarah 2: 275-276]

‘Ubaadah ibn al-Saamit (may Allaah be pleased with him)

narrated that the Prophet (peace and blessings of Allaah
be upon him) said: “Gold is to be paid for by gold, silver

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by silver, barley by barley, dates by dates, like by like,

payment being made hand to hand. He who made an
addition to it, or asked for an addition, in fact dealt in
usury [ribaa].” (Narrated by Muslim in his Saheeh).

It was narrated that Jaabir (may Allaah be pleased with

him) said: “The Messenger of Allaah (peace and blessings
of Allaah be upon him) cursed the one who consumes
ribaa, the one who pays it, the one who writes it down
and the two who witness it. He said they are all the same.”
(Narrated by Muslim).

... Whoever is unable to work and is poor is allowed to

ask for help, and to take zakaah and social security.

Secondly: The Muslim, whether he is rich or poor, is not

allowed to take a loan from the bank at 5% or 15 % or
more or less, because that is ribaa and is a major sin.
Allaah has caused him to have no need of that because of
the ways that He has prescribed such as means of earning
a halaal income by working as an employee for company
owners, or as a civil servant in permissible work, or by
dealing with the money of another on a profit-sharing
basis.

Fataawa al-Lajnah al-Daa’imah li ‘l-Buhooth al-‘Ilmiyyah

wa’l-Iftaa’, 13/269 (www.islam-qa.com)

7840: Delaying repayment of a bank loan so that they will

waive the interest

Question:

.If a person takes out a loan from the bank, if seven years
go by and nothing has been repaid, they will no longer
pursue repayment (i.e., the bank system will consider this
loan to be a hopeless case), whereas if a person starts to

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repay the loan now, they will ask him for interest. So if
he waits for seven years, they will not ask him for interest,
just for the original money. Is it permissible to do this?

Answer:

Praise be to Allaah.

We put this question to Shaykh Muhammad ibn Saalih

al-‘Uthaymeen (may Allaah preserve him) who replied
that if after seven years they will only take the original
capital, then there is nothing wrong with this.

Shaykh Muhammad ibn Saalih al-‘Uthaymeen

(www.islam-qa.com)

9241: He wants to bring in a person to take his place in a

ribaa-based investment bank account to save himself

Question:

A British Muslim brother started a ribaa-based investment

account with the bank. The bank made it a condition that
he should leave his deposit there for four years and not
withdraw anything, then they will give him the interest
earned each year. When he learned of the ruling (on ribaa),
he wanted to withdraw the money from the bank, but the
bank wants to charge a penalty for withdrawing the money
ahead of time. If he brings in another person to take his
place, the bank will not penalize this other person

The question is: is it permissible for him, in order to be

able to withdraw his money without being penalized, to
bring in a kaafir to take his place so that he can withdraw
his money, or not?

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Answer:

Praise be to Allaah.

We put this question to Shaykh Muhammad ibn Saalih

al-‘Uthaymeen, may Allaah preserve him, who answered
as follows:

This is not permissible because it involves helping another

to commit sin and transgression.

And Allaah knows best.

Shaykh Muhammad ibn Saalih al-‘Uthaymeen

(www.islam-qa.com)

750: This is the essence of ribaa

Question:

A person wanted to borrow money from one of the banks

without paying interest, because interest is considered to
be ribaa. But one of the managers in that bank told him:
If you want to avoid ribaa, you can take a million from
us, and one year later, if you can afford it, you can give us
two million, one million which is due to us, and another
million which we will keep for one year in return for the
year during which you kept our million. After one year,
you can take your million back. Is this considered to be
ribaa or not? Please advise us, may Allaah reward you.

Answer:

Praise be to Allaah.

This is the essence of ribaa, and is not permitted under

any circumstances, because the purpose of lending is to

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help Muslims. It was narrated from Ibn ‘Abbaas (may

Allaah be pleased with him) that a loan is like an act of
charity. If the bank lends you one million riyaals for a
period of one year, and after that year passes you return
the million that you borrowed and add another million
for them to keep for a year in return for their loan to you,
this is haraam according to the consensus of the Muslim
scholars. The Messenger of Allaah (peace and blessings
of Allaah be upon him) said: “Every loan which brings
benefits is ribaa.” (this version narrated by al-Baghawi).
The bank lent you one million riyaals on the condition
that you give them one million more than what is due to
them, so that they can buy and sell with it and keep the
profits for themselves. This condition brings benefits, so
it is an invalid condition according to the consensus of
the Muslim scholars. All that you have to do is to give the
bank the million that you borrowed from them, and not
another million to benefit from for a year. This is not
permissible according to the consensus of the Muslim
scholars. The bank is not entitled to anything except
getting its money back, because Allaah says (interpretation
of the meaning):

“O you who believe! Be afraid of Allaah and give up

what remains (due to you) from Ribaa (from now onward)
if you are (really) believers.

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 2:278-289]

From Fataawa Samaahat al-Shaykh ‘Abd-Allaah ibn

Humayd, p. 185 (www.islam-qa.com)

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10825: With his shares they bought shares in a ribaa-based

bank

Question:

I had shares in a company, which went bankrupt 25 years

ago. There were people who were in charge of the
company, who used the money that was left over to buy
shares in a ribaa-based bank 25 years ago, for 1000 riyaals
per share. Now the value of each share is thirty thousand
and I need this money. Is it permissible for me to take the
current value of the shares? Please note that their purchase
of shares in this bank was not known to us all this time.

Answer:

Praise be to Allaah.

Take the whole amount, capital and profit, then keep the
capital, because that is yours, and give the profit in charity,
because it is ribaa. Allaah will make you independent by
His bounty and will compensate you with something
better, and He will help you to meet your need.

Whoever fears Allaah and keeps his duty to Him, He will

make a way for him to get out (from every difficulty).
And He will provide him from (sources) he never could
imagine. And whosoever puts his trust in Allaah, then He
will suffice him (cf. Al-Talaaq 65:2-3 – interpretation of
the meaning).

And Allaah is the Source of strength. May Allaah bless

our Prophet Muhammad and his family and companions,
and grant them peace.

Standing Committee for Academic Research and Issuing

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Fatwas. Fataawaa al-Lajnah al-Daa’imah, 13/506

(www.islam-qa.com)

10235: Ruling on being a witness to a riba-based loan

Question:

My uncle has asked me to be a witness for him to get a

loan from one of the banks. This loan involves riba. Please
note that my father and my uncle are partners in this loan,
and when I refused to be a witness, this caused problems.
So I acted as a witness even though I was not happy about
it. I regret what I have done and I feel bad about it. Now
I am confused and feel constantly depressed. Please advise
me.

Answer:

Praise be to Allaah.

It is forbidden to act as a witness for riba-based

transactions. You have to repent and seek the forgiveness
of Allaah for what you have done when you witnessed
this riba-based loan.

And Allaah is the source of strength. May Allaah bless

our Prophet Muhammad and his family and companions,
and grant them peace.

Standing Committee on Academic Research and Issuing

Fatwas, 13/298 (www.islam-qa.com)

10234: Ruling on buying a mosque with an interest-based

loan

Question:

We are a group of foreign Muslims living in Germany.

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We have a place which we rent for the daily prayers,

Jumu’ah and Eid. But because there are so many people
praying there – praise be to Allaah – the German
government will no longer allow us to pray there, because
the place is too small and is a place that is not suitable.
Now we want to buy a big place outside the city, and the
German authorities have agreed that we may buy it. The
place costs 3.5 million deutschmarks, and we have only
1.5 million deutschmarks. Is it permissible for us to take
out a loan from the bank to cover the outstanding amount
and buy this place with ribaa (interest)? Is this considered
to be a necessity? If we buy it with ribaa, is it permissible
to pray in it until we have other places in the city to pray
in? Please advise us, may Allaah reward you.

Answer:

Praise be to Allaah.

It is not permissible for you to take out a loan with ribaa

(interest), because Allaah has prohibited ribaa and has
issued the strongest warning to those who deal in it. The
Prophet (peace and blessings of Allaah be upon him)
cursed the one who consumes ribaa, the one who gives it,
the two who witness it and the one who writes it down.
Ribaa is not permitted under any circumstances
whatsoever. Do not buy the place to which you refer unless
you have the financial resources to buy it without resorting
to ribaa. Pray as best you can, all together or separated
into a number of groups in different places.

And Allaah is the source of strength. May Allaah bless

our Prophet Muhammad and his family and companions,
and grant them peace.

Standing Committee on Academic Research and Issuing

Fatwas, 13/290 (www.islam-qa.com)

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10233: Lender referring a third party to debtor for extra

money

Question:

I loaned someone ten thousand riyaals, but he is delaying

repayment and has not yet paid back what he owes. I owe
a third person ten thousand riyaals, and he came and asked
for his money. I told him, ‘Go and ask So and so – i.e.,
the first person – for the ten thousand riyaals that I owe
you, for the ten thousand that he owes me, and I will give
you two thousand riyaals extra, to make up for the length
of the delay. In other words, twelve thousand riyaals in
return for ten thousand.

What is the ruling on that?

Please advise me, may Allaah reward you.

Answer:

Praise be to Allaah.

It is not permissible for you to refer the one who loaned

you ten thousand riyaals to the person who owes you
money and is delaying repayment and to add two thousand
riyaals to make up for the lengthy delay, because this extra
amount is ribaa, and ribaa is haraam according to the
Islamic sharee’ah.

And Allaah is the source of strength. May Allaah bless

our Prophet Muhammad and his family and companions,
and grant them peace.

Standing Committee for Academic Research and Issuing

Fatwas, 13/304

(www.islam-qa.com)

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1120: Is it permissible to deal with ribaa in a ribaa-based

society?

Question:

Is it permissible for the Muslim to deal with ribaa in a

society that is based on ribaa?

Answer:

Praise be to Allaah.

It is not permissible for him to deal with ribaa, even if the

society is based on ribaa, because of the general
applicability of the texts which forbid ribaa. He has to
change this evil action as much as he can, if he cannot
move away from that society in order to distance himself
from this evil, lest the punishment that befalls them befalls
him too.

And Allaah is the Source of strength. May Allaah bless

our Prophet Muhammad and his family and companions,
and grant them peace.

Standing Committee on Academic Research and Issuing

Fatwas, 13/194 (www.islam-qa.com)

7638: Helping people to buy used cars with ribaa (interest)

Question:

I am a Muslim and own a used car dealership in the USA.

I am writing you seeking your help in finding what I am
going to explain to you is HALAL OR HARAM
(FATWA). I sell my cars to people who can’t afford to
pay cash up front for the cars they buy. So I sell my cars

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with a low down payment and a low weekly payment

with no INTEREST (Reba). The disadvantage to this
system is a lot of customers who buy cars from me make
a few payments or damage the car and stop paying. The
other disadvantage is waiting a long period of time to get
my money back. All of the dealers in this country are
using Financial Institutions to help their customers get
loans to buy cars from them and get their money fast.
Here is how it works:

1. The customer chooses a car he likes.

2. I help him or her fill out an application form in the

behalf of the Financial Institution.

3. I send or fax the application to the Financial Institution

and act as the customer’s agent and also an agent for the
Financial Institution.

4. When the Financial institution approves the applicant,

they send me anywhere between 75 to 90% of my money
and charges the customers a monthly payments plus
interest (Reba) for the duration of the loan.
My question is this: Is it HALAL OR HARAM to help
people deal with the Financial Institutions to get loans
with interest? Am I held responsible in front of ALLAH
by helping people get loans to buy cars with interest ever
though I do not get anything back from the Financial
Institution or the customer but the 70 to 90% of car’s
price?

Please let me know what the SHARIAA or rules of our

DEEN say about this issue. All I want is to do what
ALLAH asks us to do to win his REDA.

Answer:

Praise be to Allaah.

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This way is haraam, because it is pure ribaa. Allaah says

(interpretation of the meaning):

“Allaah has permitted trading and forbidden Ribaa”

[al-Baqarah 2:275]

This is for a number of reasons:

(1) The financial institution, as is quite clear from the

question, is a ribaa-based institution which deals in
interest.

(2) The method which you describe – whereby the

financial institution pays the value of the car to the vendor,
then takes back its money with interest in installments
from the purchaser – is no more than a loan with interest.
It is as if the financial institution is lending the customer
an amount of money (such as ,000) on the condition that
he will pay interest (such as 10%), so the customer repays
the financial institution with interest in installments (so
the amount of ,000 becomes ,000). This is ribaa, pure
and simple, and this is not permitted. This is the ribaa of
the Jaahiliyyah which was forbidden by Allaah and His
Messenger.

Allaah says (interpretation of the meaning):

“O you who believe! Be afraid of Allaah and give up

what remains (due to you) from Ribaa (from now onward)
if you are (really) believers. 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 2:278-279]

“And be afraid of the Day when you shall be brought

back to Allaah. Then every person shall be paid what he

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earned, and they shall not be dealt with unjustly” [al-

Baqarah 2:281]

The Prophet (peace and blessings of Allaah be upon him)

said:

“All the ribaa of the Jaahiliyyah is null and void, but your
capital is yours. Do not deal unjustly and you will not be
dealt with unjustly.” (Narrated by Abu Dawood, 2896;
Ibn Maajah, 3064).

Al-Qurtubi said in his Tafseer:

“The Muslims are agreed, narrating from their Prophet

(peace and blessings of Allaah be upon him) that imposing
the condition of repaying something extra in a loan is
ribaa, even if it is only a handful of animal feed or, as Ibn
Mas’ood said, even if it is a single grain.”

Shaykh al-Islam Ibn Taymiyyah said:

“The scholars agreed that when the lender imposes the

condition of paying back something extra on his loan,
this is haraam.”

(3) Moreover, the financial institution is also stipulating

the condition that the loan be repaid within a specific time
limit, otherwise an additional amount is to be paid. This
is also a kind of ribaa.

One of the statements issued by the second session of the

Islamic Fiqh Council was the following:

“Every kind of interest or additional payment required in

return for delaying repayment of a loan when payment
falls due and the debtor is unable to pay, and interest or
additional payments charged on a loan from the outset –
these are two types of ribaa which is forbidden according
to sharee’ah.

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(4) After knowing the ruling on loans with interest, and

knowing how strictly this is forbidden by Allaah and His
Messenger, it remains for us to note that cooperating in
ribaa – even if the one who helps does not gain anything
from that – and making it easy for people in any way,
shape or form, is haraam according to sharee’ah. 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]

It was reported that ‘Ali ibn Abi Taalib (may Allaah be

pleased with him) said: The Messenger of Allaah (peace
and blessings of Allaah be upon him) cursed ten people:
the one who consumes ribaa, the one who pays ribaa, the
one who writes it down, the two who witness it, the one
who makes it lawful, the one for whom it is made lawful,
the one who withholds sadaqah (charity), the one who
does tattoos and the one for whom tattooing is done.”
(Narrated by Muslim, 50; al-Tirmidhi, 1038, and others).

The Islamic Fiqh Council in its ninth session stated the

following:

It is obligatory on all the Muslims to forbid that which

Allaah forbids of dealing in ribaa, whether accepting it
or paying it, or cooperating in it in any way, shape or
form, lest they incur the wrath of Allaah and open
themselves to a declaration of war from Allaah and His
Messenger.

This statement was issued by consensus.

On the basis of the above, it is not permissible for you to

participate in initiating or concluding ribaa-based dealings
between the purchaser and the financial institution. You
must look for other, permissible ways in which your rights

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are also protected. Whoever fears Allaah and does his

duty towards Him, Allaah will make for him a way out
and will provide for him from sources he could never
imagine. Whoever gives up something for the sake of
Allaah, Allaah will compensate him with something better.
May Allaah help us and you to do all good.

And Allaah knows best.

Islam Q&A

Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

1391: Using something which was bought with ribaa

Question:

My parents bought me a car which they pay intest on the

car till now. Is it permissable to continue using the car or
not? because they pay the financing.

Answer:

Praise be to Allaah.

So long as the purchase with interest has been made and

it is not possible to go back on that, you can use the car,
but you must advise your parents and explain to them
that ribaa is haraam, so that they will not do this again.
And Allaah knows best.

Islam Q&A

Sheikh Muhammed Salih Al-Munajjid (www.islam-

qa.com)

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8141: Ruling on taking ribaa from deposit accounts in

kaafir banks

Question:

My question is regarding to someone’s problem who is

very nearly person of mine.The question is that the country
where I am from there are some companies they have
some monthly income schemes. In which they deposite
money as fixed asset and on that they gave monthly profit
and there is no change in the deposited amount. I like to
know that in the light of Islam is this way of having income
is Halal or not and can a widow use this income to support
herself and family expenses?

Answer:

Praise be to Allaah.

A similar question was sent to the Standing Committee

for Academic Research and Issuing Fatwas (al-Lajnah
al-Daa’imah li’l-Buhooth al-‘Ilmiyyah wa’l-Iftaa’). The
text of the question was as follows:

Al-Ummah magazine has published a fatwa on financial

matters conducted in western countries and in daar al-
harb [non-Muslim countries which are in a state of
hostility against Islam]. Imaam Abu Haneefah stated that
it was permissible to take riba from al-harbiyeen in daar
al-harb, and that every contract or transaction which was
beneficial to Muslims was valid, so long as it was based
on mutual consent and involved no deception or betrayal.
If this is true, it would be helpful to some Muslims in
France, because the donations that come to us stay in the
bank for months before the time comes to use them, and
no one benefits from the accumulating interest apart from

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the bank with which we are dealing. If this fatwa is correct

we can make use of the interest paid to us on our money
in daar al-harb, and at least give it to the poor and needy,
if no one else. And our intention is for the sake of Allaah.

The Standing Committee, under the leadership of Shaykh

‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him)
replied as follows:

Firstly, financial transactions and mutual exchanges of

benefits between us and the kuffaar are valid so long as
they meet the conditions of transactions set out in Islamic
sharee’ah.

Secondly, dealing in ribaa is absolutely haraam, whether

it is among Muslims or between Muslims and kaafirs,
whether they are harbiyeen or not. And Allaah knows best.

From Fataawaa al-Lajnah al-Daa’imah, 13/19

(www.islam-qa.com)

3077: What should a person who his father borrowed with

interest(Ribba) do

Question:

Our father bought the house we currently live in before I

was born. I am now 22yrs. Back then my family were
being evicted from the place they were living in at the
time and my father was under pressure to find my family
a place to live. So, he bought a house using a bank
mortgage. The mortgage was interest based as the system
is over here in England. About two years after I was born,
my father died and had not finished repaying the bank.
The rest of the mortgage was paid off by my older brother,
who was in employment at the time.

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Now my worry is if it is permissible for me to remain

living in the house bought by my father and also if any of
us can inherit a share of its money if it were to be sold?
I look forward to the reply.

Answer:

Praise be to Allaah.

Seek forgiveness for your father, and your brother has to

repent to Allaah. It is OK if you want to live in that house,
and to take your share of the price when it is sold.

And Allaah knows best.

Islam Q&A

Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

8967: Filling out forms disclosing workers’ salaries at the

request of riba-based banks

Question:

We are accountants working in the public sector. We have

some forms from companies which sell to people who
pay in installments. Some of the employees want to buy
things by installments from some riba-based banks, and
the banks have set the condition that the purchaser
discloses his basic salary. Will we be included among
those who are mentioned in the hadeeth as being cursed
by Allaah for recording ribaa? We have refused to write
it, but the head of the division and the directors have put
us in a very difficult position. What is the correct Islamic
viewpoint on our situation?

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Jurisprudence and Islamic Rulings

Answer:

Praise be to Allaah.

We put your question to Shaykh Muhammad ibn Saalih

al-‘Uthaymeen, may Allaah preserve him, who answered
as follows:

If you fill out the papers for them, then you are helping
them to do something which is haraam, and Allaah says
(interpretation of the meaning): “but do not help one
another in sin and transgression” [al-Maa’idah 5:2].

Question:

What if they are faced with a threat to fire them from

their jobs?

Answer:

We still advise them to refuse to do this. “And whosoever

fears Allâh and keeps his duty to Him, He will make a
way for him to get out (from every difficulty)” [al-Talaaq
65:2 – interpretation of the meaning]. Islam Q&A Sheikh
Muhammed Salih Al-Munajjid (www.islam-qa.com)

6002: Counterbalancing one another’s interest in the bank

Question:

Is it possible to counterbalance each other the interest of

a borrowing by the winning interest of an investment in
the same bank in order to avoid practicing usury and so
taking advantage of different banking transactions?

Answer:

Praise be to Allaah. If it is proven that your friend has

repented from riba and that he has a debt he owes and

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cannot pay, then you can get rid of the riba you have been
given by giving it to him, otherwise do not give it to him.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

4265: Harmful effects of Riba

Question:

Assalamu alaikum

Why is Riba (Usury) forbidden? I need a convincing

answer to give it to some of my brothers in town.

Jazakum allah alf Khair

Answer:

Praise be to Allaah.

Wa ‘alaykum al-salaam wa rahmat-Allaahi wa

barakaatuhu.

Riba is forbidden because of the harmful effects that result

from it, such as:

Economic effects, e.g., keeping money idle and

unproductive, and swelling the ranks of the poor;
Social effects, e.g., cutting ties, creating enmity and hatred
between the poor and the rich, and spreading corruption
and promiscuity caused by need;

Psychological and spiritual effects, e.g., arrogance,

looking down on others, hard-heartedness and exploiting
the needs of the poor.

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The above describes the effects of Riba on the individual

level. On the state level, countries are weakened, their
resources fall under the control of others, they end up
following their enemies’ desires, they are robbed of their
natural wealth and their problems get even worse. This is
what we see happening in reality. We ask Allaah to keep
us safe and sound..

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

4943: Her husband bought a house with riba – can she

refuse to live in it?

Question:

My question is that my husband started to take a morgege,a

home loun from a bank and the muslim allamah said that
is riba and haram.He did’nt care about the case,but what
is my hokom in this case??

Answer:

Praise be to Allaah.

We put the following question to Shaykh Muhammad

Saalih ibn ‘Uthaymeen:

Her husband has bought a house with haraam money. Can

she refuse to live in it?

He replied, may Allaah preserve him:

“Praise be to Allaah. No, she cannot refuse to live in it,

because she is living there rightfully. It is he who has
acquired the house in a wrongful manner. But if he has

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seized another person’s house by force, then she has the

right to refuse to live in it.”

And Allaah knows best.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

432: Obtaining a discount card in return for paying a

certain amount

Question:

In some bookshops there are advertisements for a scheme

whereby the customer pays a set amount of money each
month and gets two things: he will be supplied with new
books in a specific area of interest, such as fiqh, etc, and
he will get a 10% discount if he wants to buy books from
these stores. What is the ruling on this?

Answer:

Praise be to Allaah.

This is a kind of gambling, concerning which Allaah says

(interpretation of the meaning):

“O you who believe! Intoxicants (all kinds of alcoholic

drinks), gambling, al-ansaab (stone altars for making
sacrifices to idols, etc.) and al-azlaam (arrows for seeking
luck or decision) are an abomination of Shaytaan’s
handiwork. So avoid (strictly all) that (abomination)…”
[al-Maa’idah 5:90]

Gambling means everything that involves one side trying

to take advantage of the other, so that one will be the

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winner and the other will be the loser. This is the shar’i
ruling on gambling. So a man who pays 500 riyals every
month, for example, may buy books for which his discount
adds up to more than a thousand riyals, or he may not buy
anything at all. If we suppose that he buys things for which
the discount adds up to more than five hundred riyals,
then he will be the winner, and the storekeeper will be
the loser; if he does not buy anything, then the storekeeper
will be the winner and the man will be the loser, because
he paid 500 riyals and did not get anything in return. This
transaction is a kind of gambling and is not permissible.

Liqa’ al-Baab al-Maftooh, Ibn ‘Uthaymeen, 52/68.

(www.islam-qa.com)

2370: Getting rid of riba by giving it to the poor

Question:

Can we give the interest from banks to the needy one?

Answer:

Praise be to Allaah.

If there is a person who deals in riba (interest/usury), then

repents and wants to get rid of the money he gained from
riba, it is permissible for him to give it to the poor in
order to get rid of it. A person can also do likewise if an
amount of riba is put into his account by the bank, but
this is not counted as sadaqah (charity), because Allaah
is Good and only accepts that which is good and pure. As
for continuing to deal in riba, this is not permissible,
because it is one of the major sins (kabaa’ir), and taking
it is tantamount to challenging Allaah and His Messenger,

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even if one is dealing in riba in order to give it to the

poor.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

2492: Disposing of riba income received before one came to

know that it is haraam

Question:

Assalamu alaikum,

A person used to receive interest on his bank deposits.

He later learnt it is forbidden (haraam) and ceased to
receive interest. Later on, he feels he should give out this
money to complete the conditions for his repentance
(tawba).

However, there are two problems :

1- He cannot calculate the exact amount of all the money

he previously obtained from bank interests.

2- The savings this person has now, are surely less than
what he obtained from bank interest over the years.
Given the above, please answer the following questions :

1- Is it a condition of this person’s tawba to give out the

exact equivalent of all the money he received from bank
interest ?

2- If the answer to the first question is ‘yes’, then must he

immediately give out any amounts as they become
available (after providing basic needs for himself and his
family) ?

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i.e can this person buy things that are not strictly
necessities (‘Darooriyyaat’ i.e. shelter, food, clothes,
medicine, transportation) but that are still important
(‘haajaat’, e.g. computer) ?

3- If the answer to the second part of the previous question

is ‘no’, can this person perform hajj, before giving out
the equivalent of this bank interest money, with any
amounts that become available ?

Jazaakum Allahu khairan.

Answer:

Praise be to Allaah.

Allaah says (interpretation of the meaning):

“Those who eat riba (usury) will not stand (on the Day of
Resurrection) except like the standing of a person beaten
by Shaytaan, leading him to insanity. That is because they
say: ‘Trading is only like riba,’ whereas Allaah has
permitted trading and forbidden riba. So whosoever
receives an admonition from his Lord and stops eating
riba shall not be punished for his past; his case is for Allaah
(to judge); but whoever returns (to riba), such are the
dwellers of the Fire – they will abide therein.”

[al-Baqarah 2:275]

Ibn Katheer, may Allaah have mercy on him, said

concerning the phrase So whosoever receives an
admonition from his Lord and stops eating riba shall not
be punished for his past: “This means: whoever hears
that Allaah has forbidden riba should stop as soon as this
ruling reaches him, but he can keep whatever he had
received before, because Allaah says (interpretation of
the meaning): ‘…Allaah has forgiven what is past…’ [al-

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Maa’idah 5:95]. Similarly, on the day of the Conquest of

Makkah, the Prophet (peace and blessings of Allaah be
upon him) said: ‘All riba owing from the time of
Jaahiliyyah is under these two feet of mine… (when he
abolished everything that was owed to the usurers except
their capital), he did not command them to return the extra
money they had received during the time of Jaahiliyyah.
(The phrase) (Allaah) has forgiven what is past is akin to
the phrase his case is for Allaah (to judge). Sa’eed ibn
Jubayr and al-Saddi said: Shall not be punished for his
past (means) for what he used to consume of riba before
it was prohibited.”

(Tafseer Ibn Katheer; the material in brackets has been

added for the purpose of clarification).

On the basis of the above, you do not have to repay the

interest which you received before you found out that it
is haraam, but whatever you have received since then must
be repaid if you still have it. If it has become mixed with
your own money and you do not know the amount, then
try to estimate what you think is most likely, and pay that
amount. For more information please see Questions # 824
and 1606.

We ask Allaah to accept our repentance. May Allaah bless

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

1606: Doesn’t want to repay riba but also doesn’t want to

give a bad impression

Question:

as-salaamu alaikum wa rahmatullahi wa barakatuhu

please inform we whether or not i must pay interest on
loans i took out before coming to islam, or in my days of

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ignorance. i intend to pay off all of the principal ,of course,

but i hate that i enter a state of war with Allah and His
Messenger (SAW) because of fulfilling a haram contract
that i entered while not knowing better. i would also hate
to give muslims a bad name by not paying my debt
conscientiously. can i pay of the principal and give a gift
stipulating that i reject riba and that i am only giving this
extra sum for another reason?

may Allah subhanu wa ta’Ala reward you with the good.

Answer:

Praise be to Allaah.

If you are able to, then do not pay the interest, so that you
will not be counted among those referred to in the hadeeth:
“The Messenger of Allaah (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 those who
witness it, and said that all are equally sinful.” (Reported
by Muslim, 2995). All of them are cursed for their
participation in this sin.

In order for a Muslim to avoid giving a bad impression to

the people from whom he took out the loan and who may
be unaware of the fact that it is forbidden, if he does not
want to pay the interest, he could explain to them the
shar’i reason for this. If you have no choice and are forced
to pay the interest, unwillingly, then your repentance
should be sufficient, in sha Allaah. For more information,
please see Questions # 824 and 2492.

May Allaah bless our Prophet Muhammad.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

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1885: Praying in a mosque built with riba based loan

Question:

A new Islamic Center in my communinity is being built.

The Muslims here bought the property by taking a huge
loan with interest. The masjid was built involving interest.
Is it haram for Muslim students to pray and conduct
activities in this mosque or go to only the other masjids
in the area?

Answer:

Praise be to Allaah.

It is permissible to pray in this mosque; the people who

took out the loan based on interest must repent to Allaah.
And Allaah is the source of strength.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

1507: Accepting interest does not make it permissible

Question:

Asalamun aikum shaikh

As we know interest is haram in Islam but can u please

tell me why is it haram. I have some money but I don’t
know how to invest the money there is someone who
knows how to manage this money if I gave him my money
and fix some amount for him as interest we both agree on
this and we are both pleased with this decision is it still
haram if yes than can u please explain it for me.

Aassalaumu alikum

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Answer:

Praise be to Allaah.

Riba (which means adding something extra to certain

products, like selling gold for gold, or by not receiving
something when a contract is signed, or paying extra in
return for extension of a loan) is haraam because Allaah -
who rules as He wills - has forbidden it. No one can ask
Him about what He does; He is the One Who will ask
people about what they did, on the Day of Resurrection.
Allaah has explained that riba is haraam, and warned those
who do not give it up, in the aayaat (interpretation of the
meaning):

”O you who believe! Be afraid of Allaah and give up what

remains (due to you) from riba (usury) (from now onward),
if you are (really) believers.

And if you do not do it, then take a notice of war from

Allaah and His Messenger . . .”

[al-Baqarah 2:278-279]

One of the most important points to remember about

Islamic sharee’ah - and this is one of the major differences
between Sharee’ah and earthly jaahili laws - is that mutual
consent to commit a haraam deed does not make it halaal.
If a man and a woman agree to commit zinaa (fornication
or adultery), it does not become halaal. If a businessman
agrees with the bank to deposit a sum of money in the
bank and take interest on it, or to take out a loan and pay
interest on it, that does not make such transactions halaal.
Things that are haraam will remain so until the Day of
Judgement.

Man is ignorant and inclined to do wrong. He may not

even know what is in his own interests or in the interests
of others, so he may do things that harm himself or others.

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You state in your question that you want to give some

money to a person to invest it, in return for something.
There is nothing wrong with that if it is done in accordance
with sharee’ah, which includes a contract of silent
partnership - i.e., you give money to someone to do
business on your behalf, in return for a agreed percentage
of the profits.

According to sharee’ah, a contract of silent partnership

includes the following:

* The one who receives the money for investment is not

permitted to guarantee the capital and is not expected to
repay it except in cases of recklessness or negligence.

* In the event of loss, the investor loses his capital and

the one who took the money loses the time and effort
invested.

May Allaah help you and us to earn a halaal income. May

Allaah bless our Prophet Muhammad .

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

292: Using interest to pay for tuition

Question:

Assalam alaikum,

The question has arisen due to many needy Muslims who

are being thrown out of schools due to lack of tuition.
There are many Muslims who have bank accounts which
give interest, and they have not been using it as interest is
haram. What should one do with the interest. Should he

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leave it to the bank or can it be used for such case as

paying the tuition to the non Islamic institutions ?
Please give valid reasons. This question is very important
and urgent as the academic term has just started and funds
are not available.

Jazakawallahu Kheiran,

Answer:

Praise be to Allaah, and may His peace and blessings be

upon His Messenger Muhammad and on his family and
companions.

To the honorable brother: Sheikh Ali Darani , May Allah

safeguard you , Judge of Nairobi - Kenya

May Allaah’s peace and blessings be upon you.

I have received your question by e-mail concerning the

legality of spending interest money for the benefit of needy
students studying in educational institutions in your
country. Herein, I will summarize the answer to your
question according to what scholars have mentioned:

If a Muslim has earned or received unlawful money, he

should get rid of it. He must neither derive any personal
benefit from it, such as spending this money in eating,
drinking, housing, family expenditure, educational tuition,
nor can he use it in averting hardship and acts of injustice
as paying compulsory insurance fees, government or sales
taxes, and customs and duty charges. Indeed, the intention
of its removal must be the purification of one’s money
from interest, and it is not considered alms giving because
Allaah is pure and good and He, the Almighty, accepts
only that which is pure and good.

This interest money can be spent in many beneficial areas,

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such as for the poor and needy, for medication costs for
needy people, helping mujaahideen and advocators of
Islam, sustaining the impoverished and relieving debtors
who can not repay their debts. Moreover, this money could
be used in Islamic Center needs, such as constructing
mosques, roads, etc… Thus, spending this money in the
tuition of needy students studying in educational
institutions falls within the aforementioned possible
avenues of expenditure. This is permissible even if these
institutions are supervised and directed by unbelievers,
on condition that the subjects areas studied are Islamically
permissible and do not result in any harmful or unlawful
consequences. Moreover, this interest is considered
forbidden and unlawful to the one who earns it, but as for
the people to whom this money given, it is permissible
and lawful to make use of it, for it is considered as lost
money that no one owns.

Finally, may Allaah grant us success in supporting Islam

and Muslims.

Reference: Fataawa Islamiyyah, 2/401-411, “What should

one do who repents from earning forbidden money”, Al-
Fawzaan.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

590: Late payment charges

Question:

Assalamu alikum

My question concerns bills related to telephone or

university tuition. If you delay the payment of the
telephone bill they add an extra amount by a certain

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percentage of the bill and if you further delay by another

month an extra amount is added to the previous total using
the same percentage on the whole amount.
Are these extra amounts riba or if it is not riba is it still
haram to pay this extra amount?

Jazakallah kheir

Answer:

Al-hamdu lillaah.

Yes, this extra amount is undoubtedly considered ribaa,

as the longer period for payment they allow you the more
they increase the amount for you to pay. You need to refuse
this kind of transaction. If you are forced, then pay the
original sum without the extra amount. If you are forced
to pay the extra amount, then pay it while offering
repentance to Allaah and committing not to deal in such
transactions again.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

181: Ruling on pre-marital relationships

Question:

Assalamu’alaikum. I am very in love with my girlfriend,

a Chinese non-muslim.We’ve been together for 5 years
and planned to be wed soon. The problem is she is the
eldest in her family and by tradition has to look after her
parents who are non-muslim.I have tried to convert them
to the islamic faith but they refused to submit to islam.As
a muslim, i respect their decision but will i be doing a sin
if they continued to livewith my girlfriend and I after we

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wed.I deeply love and respect them even though they

rejected our religion as they are my girlfriend’s parents.
They however were understanding enough to not keep
idols and dieties in the house after we wed but they love
to eat pork (just like any other chinese) What am i
supposed to do? My girlfriend doesn’t eat pork anymore
and she has submitted to islam willingly but she is
concerned about changing her name as her parents want
her to keep her original name(ie Wong Wan Pei). Can
this be allowed?

Answer:

All praise is due to Allah. First of all, we praise Allah the

most glorified that He guided this woman to Islam and
that you are now allowed to marry her under Islamic law
(shari’ah). May Allah the Almighty help you to remain
firm toward your faith. Out of compassion and caring for
your sake, please allow me to reproach a particular aspect
of your question, which is that you did not indicate any
regret on your part regarding the sinful and forbidden
relationship of taking a girlfriend and continuing with her
in a friendship that angers and displeases Allah regardless
of the extent of that friendship.

Your question focused on a secondary issue regarding the

ruling on changing one’s name which is not as serious as
what you have practiced for the past five years. Allah the
most glorified has forbidden such an indecent relationship
in the Qur’an (interpretation of the meaning, )

“…not committing fornication, nor taking them as lovers

(i.e. girlfriends)…” (Al-Maa’ida, 5:5)

So, it is obligatory upon you to repent to Allah and to

regret what has passed and to have the firm will not to
return to the same action again, and to do good deeds and

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perform acts of worship to expiate the evils of that sin,

and Allah is surely forgiving and merciful. (Please see
also similar discussion of this issue in question #61)

As for your statement: “I deeply love my girlfriend’s

parents even though they rejected our religion,” by Allah
it is extremely astonishing how a Muslim man that
believes in Allah and the last day can love people who
are non-believers that don’t believe in Allah and the last
day and don’t forbid what Allah forbids and don’t practice
the religion of truth and also refuse the religion of Islam??!
Is this not a clear violation of Allah’s statement in the
Qur’an in surat al-Mujadlilah 58:22 (interpretation of the
meaning):

“You will not find any people who believe in Allah and
the Last Day, making friendship with and loving those
who oppose Allah and His Messenger (Muhammad- SAWS
Peace and Blessings of Allah be Upon Him), even if they
are their fathers or their sons or their kindred…”

We are not saying to you curse them or pick up arms

against them; however, it is obligatory upon you to abhor
them for their disbelief and their denial of the Lord of the
worlds and to hate the invalid and untruthful religion that
they are practicing. On the other hand, there is no objection
for you to treat them with kindness—while disliking them
in your heart—and to be amicable towards them so that
perhaps Allah will guide them through you. You will find
no conflict or contradiction between these two ideas if
you consider them carefully.

Furthermore, there is no objection to her parents living

with you after marriage if they do not perform forbidden
acts in the home (e.g., eating pork, drinking alcohol, etc.)

As for the question raised at the end of your letter

regarding changing her name, the answer is: if the name

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of the person has a forbidden meaning, like the name of

an idol or one of their deities or a name that means
worshipping other than Allah, such as Abdul-Maseeh
(worshipper of Jesus SAWS the messiah) or Abdul-
Hussain (worshipper of Hussain) then it is mandatory to
change it. However, if its meaning is permissable and not
objectionable, e.g. if it means one of the colors such as
red or green or a vocation like carpenter or baker, then it
is OK and it is not obligatory to change it. However, if
changing the name in official documents would cause the
person much distress or harm, then it suffices to change
it amongst his family and acquaintances.

Finally, I ask Allah to give you and this woman a halaal

(lawful and good) and blissful life, full of imaan (faith)
and taqwa (piety - God-fearing) and enriched with
righteous posterity. All success is from Allah.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

126: Conditions for performing forbidden act under

necessity and engaging in riba transactions

Question:

Here in Singapore, the Muslims have very little, if not

any, chance to participate in non-interest based
transactions. What advice can you give to us who have
no choice but to be involved in these transactions for our
basic needs?

Answer:

Al-hamdu lillaah:

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Every Muslim has to implement Islamic law, with all

possible means, in all affairs, being social, economical,
etc., in accordance with the verse: (interpretation of the
meaning) “Say: My prayer, my sacrifice, my life and my
death are for Allah”.

On certain occasions Muslims may be ruled by a non-

Islamic system, which makes it very difficult for them to
practice their religion. Their example may be similar to
that predicted by the prophet, (peace be upon him):

“ There will come a day where a Muslim holding fast to

his deen (religion) is like he who is gripping a hot coal”

(Al-Tirmidhi, sahih).

When a Muslim is faced with such a situation, he should

hold fast to the teachings of the Qur’an, keep himself
within a good Muslim community, and strive his best to
implement Islam, asking Allah’s forgiveness for things
he could not implement. Allah, the Merciful, has stated
that (interpretation of the meaning):

“Allah does not require from a soul more than what it

can bear”.

When the situation becomes too difficult and over-

bearing, a Muslim enters in a state of “adversity” or
“necessity” (al-dharoorah) where unlawful things (al-
mahdhooraat) become permissible. This is a great rule in
Islam which reflects its mercy and appreciation to its
followers. However, this issue is very sensitive as many
Muslims, out of their ignorance, mistreat this rule. For
example they neglect the corollary which says: “The state
of necessity should be dealt with in proportion to its
measure.” Therefore it is very important to mention the
constraints and conditions under which the rule of
necessity is applicable. Some of these are:

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· That the level of harm associated with the unlawful

action be less than that caused by the state of dharoorah.

· That the permissible degree or amount of the unlawful

action he is allowed to commit be just enough to get him
out of the state of dharoorah.

· That there is no other alternative in facing the state of

dharoorah other than committing the unlawful act.

· That the duration of the concession be restricted to the

duration of its cause.

· That the dharoorah is actually existing and not only

anticipated or expected.

· When someone is faced by dharoorah and all its

conditions and constraints are observed then the unlawful
thing becomes lawful to him.

Here are few practical examples to illustrate the above:

· It is permissible for the Muslim to eat from the dead

animal if he finds nothing halaal to eat, and he will die if
he doesn’t eat

· It is permissible for a Muslim to utter the words of kufr

(disbelief) when he is under a painful torturing that he
cannot bear.

· It is permissible to deposit the money at the banks to

save them from being lost or stolen, although that is
considered to be helping the banks in their haraam interest
transactions.

· It is permissible to enroll in car insurance (considering

that most of the forms of car insurance are not acceptable
in Islam) if he is in bad need to have a car and he is not
allowed to drive one without insurance.

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· It is permissible to complain to the “civil courts”

(although they may not be implementing the Islamic law)
to obtain one’s rights if they is no other means to do so,
provided one has the sound belief that there is no judgment
except that of Allah.

Since the question inquires about transactions in

particular, it is worth noting the following:

· It is never permissible to ask for riba nor to accept it

under any circumstances. Such unlawful action is not
permissible under any need.

· Minimizing the risk, or having more convenience are

not valid excuses to enter into unlawful contracts, like
those involving riba.

· Improving the income or promoting the profits are also

not valid excuses to adopt unlawful ways of earning. Let’s
remember that a little blessed halaal earning is better than
many folds of haraam earning.

Finally we have to say that it is the duty of Muslims

everywhere to strive to find lawful alternatives to alleviate
the state of dharoorah and save themselves from the need
to adopt unlawful ways.

We ask Allah to give us of His bounties what keeps us

sufficed and satisfied, and not to make us in need of
anyone other than Him. Ameen.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid

(www.islam-qa.com)

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