ISLAM: QUESTIONS AND ANSWERS
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ISLAM: QUESTIONS AND ANSWERS
Jurisprudence and Islamic Rulings: Transactions - Part 7 Volume 28 of a Series of Islamic Books by Muhammad Saed Abdul-Rahman
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Islam: Questions And Answers Volume 28 Jurisprudence and Islamic Rulings: Transactions - Part 7
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Islam: Questions And Answers Volume 28 Jurisprudence and Islamic Rulings: Transactions - Part 7
Muhammad Saed Abdul-Rahman B.Sc., DipHE
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© Muhammad Saed Abdul-Rahman, 2004 ISBN for all volumes 1 86179 080 5 ISBN for volume 28 paperback 1 86179 459 2 ISBN for volume 28 hardback 1 86179 460 6 ISBN for volume 28 pdf eBook 1 86179 461 4 ISBN for volume 28 Microsoft eBook 1 86179 462 2 ISBN for volume 28 Palm eBook 1 86179 463 0 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
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Contents Introduction .............................................................................. 3 Chapter 1................................................................................... 3
Transactions ........................................................... 3 Employment for a Salary: General .................................. 3 22870: Is rent received from a bank halaal? .............. 3 36650: Ruling on hosting a website which includes songs in some of its sections ........................ 6 45271: Is it permissible to rent a café that offers “hubble-bubble pipes” in order to sell food? ............. 8 14304: Ruling on rent-to-own schemes ................... 11 45653: What should he do with a tenant who does not want to leave the house? ............................ 13 34590: If a person is hired to do a job, it is permissible for him to hire someone else to do it........................................................................... 19 26201: It is better for workers to hasten to pray when they hear the adhaan ............................... 22 39508: Appointing an agent to make a purchase, and the agent benefitting from the product bought .................................................... 23 20421: Is it permissible to rent from kaafirs? .......... 25 21688: Should he work for a company whose boss is a kaafir? ........................................................ 27 26801: Ruling on go-betweens ................................. 28 31242: Is it permissible to employ a non-Muslim servant? ................................................ 30 26267: Asking permission to leave work after completing what is required ............................. 32 12397: Retirement lump sum for a bank employee .................................................................. 33 12332: Teacher tutoring students outside of school (private lessons) ........................................ 34 12627: Taking payment for reciting Qur’aan v
over a sick person ..................................................... 35 Chapter 2................................................................................. 37
Transactions ......................................................... 37 Employment for a Salary: Prohibited Jobs .............................................................. 37 42950: Ruling on teaching man-made laws ............. 37 42579: Fatwa from the Standing Committee on the “Business and “Hibbat al-Jazeerah” companies and pyramid marketing schemes ............ 38 41105: Ruling on working in a company that promotes satellite channels ............................... 42 40651: Is it permissible to sell haraam things like pork to non-Muslims? ....................................... 46 26964: Prohibition against spying on others ............ 52 40472: Ruling on fixing TVs and VCRs .................. 58 44922: Editing a book containing pictures ............... 60 49829: Ruling on working for a company that maintains the Central Bank building ................. 62 50074: Is it permissible for him to sell gifts that have to do with kaafir festivals? ........................ 64 36524: He cannot find any work except renovating churches.................................................. 66 31781: Working for a company that cheats, and the ruling on working in a company in which some things are permissible and some are haraam ................................................................ 69 34597: Ruling on repairing machines that are usually used for haraam purposes....................... 73 34672: Opening an internet café in which there is no supervision of users ................................ 74 38877: He wants to work in a company that produces programs for riba-based banks .................. 77 33645: Ruling on a man working in a hairdressing salon for women .................................. 78 6418: He falsified information on his university certificate and got hired on the basis of that certificate ............................................. 80 vi
26788: Woman working in a home for the elderly ... 81 21113: Working in a riba-based bank without directly dealing with riba and depositing money in such a bank ............................. 83 14102: Working in an alcohol factory ...................... 85 11349: He has been offered a job in a bank that deals in riba (interest) ........................................ 87 8196: Taking payment for shaving beards is haraam .................................................................. 88 10398: A taxi driver takes some people to haraam places ........................................................... 90 11789: Should he fix a computer in which there are naked pictures? .......................................... 91 11517: Making a program which will be used for halaal and haraam ....................................... 92 7489: He has been an attractive job offer in the field of developing new kinds of pig meat ......... 93 7432: Ruling on growing tobacco ............................ 95 3149: He works in a factory that makes tight and short clothes for women .................................... 96 681: Working in restaurants where wine is served ....................................................................... 96 8797: Working in the army of a country in which there are munkaraat (haraam deeds) .............. 98 3659: Travelling to the land of the kuffaar to seek knowledge, and helping the kuffaar to make software .................................................... 100 5237: Working in an institute teaching interest-based financial courses .............................. 101 5334: Ruling on working as an accountant in a company calculating the amount of riba, and he may not be able to find any other work ...... 103 5008: Working on programs which do the accounts for a company and include riba ............... 104 3481: Salary for work obtained through false certification ............................................................ 105 3478: Muslim working as a doctor in the vii
kaafir army ............................................................. 108 3243: Earnings of one who makes images ............. 110 4029: Work that involves protecting programs containing objectionable material .......................... 111 3609: Taxi driver taking passengers to forbidden places ..................................................... 113 1190: Ruling on shaving another man’s beard ....... 114 2834: Working as a systems engineer in a riba-based bank ...................................................... 115 2216: Should he give up the idea of specializing in Pharmacy for fear of selling haraam products in the future? ............................... 115 866: Working in a riba-based (interest-based) bank ........................................................................ 117 1883: Working in a store which sells pork pizza ....................................................................... 118 1073: Developing Computer Programs for Banks based on Interest .......................................... 119 1052: Muslim working in law enforcement in a non-Islamic country ......................................... 120 782: Selling greeting cards for Christian holidays .................................................................. 121 164: Not permissible to sell alcohol to non-Muslims .......................................................... 123 Chapter 3............................................................................... 125
Transactions ....................................................... 125 Employment for a Salary: Women’s Work ............................................................ 125 39799: He owns an café in which men and women mix ...................................................... 125 12465: Does she have to obey her husband if he tells her to work outside the home? ............... 129 45905: Is it permissible for a father to force his daughter to work in a mixed environment? ...... 133 20869: Ruling on female servants working in households, and are they female slaves?! ............... 134 33710: She wants to work and her fiance viii
says no .................................................................... 137 21062: It is not permissible for a woman to be appointed as a judge .......................................... 141 20677: Is it permissible in Islamic sharee’ah for a woman to be a ruler? ...................................... 143 Question: ................................................................................ 143 22397: She wants to work but her husband refuses .................................................................... 149 20004: Which is better, seeking knowledge or taking care of the house? ................................... 152 20140: Woman working as a secretary for men in an office ...................................................... 153 11146: Ruling on a woman working as an advertising rep ........................................................ 154 9605: Women working in the security services ...... 156 6666: Should she continue working in place where she mixes with men? ................................... 158 5228: Ruling on women taking part in elections.................................................................. 161 3285: Ruling on appointing women to positions of high public office ................................ 164 286: Ruling on Muslim women working as nurses and doctors .................................................. 168 Chapter 4............................................................................... 172
Transactions ....................................................... 172 Employment for a Salary: Ruling on jobs ............................................................. 172 42521: Working as a lawyer in a country that is ruled by something other than that which Allaah has revealed ...................................... 172 42523: Working as a lawyer in the Islamic judicial system ........................................................ 173 12600: Being paid a salary by a company even though one does not work for them ............... 174 20100: It is permissible to accept payment for teaching Qur’aan .............................................. 176 ix
46704: Ruling on working as a security guard in an hotel ..................................................... 176 41105: Ruling on working in a company that promotes satellite channels ............................. 178 39461: Ruling on working for the customs and tax department ................................................. 182 27068: Should he take what he entitled to without the one who wronged him knowing? ........ 189 47513: Ruling on taking part in building a resort village ........................................................... 192 47396: Ruling on working as the manager of an Internet café ................................................... 194 49829: Ruling on working for a company that maintains the Central Bank building ............... 198 47067: Using the company’s property for personal things ....................................................... 199 43062: He works as the deputy manager in a hotel that sells alcohol – what is the ruling on his work? ........................................................... 202 50074: Is it permissible for him to sell gifts that have to do with kaafir festivals? ...................... 204 34518: If there is half an hour left of the regular work hours of a field worker, should he go back to the office? ............................. 207 40234: He told the students to pay money towards classroom renovations and he gives them grades accordingly ............................... 208 36599: He treated the financial director and he gave him some money ....................................... 210 20869: Ruling on female servants working in households, and are they female slaves?! .......... 212 31781: Working for a company that cheats, and the ruling on working in a company in which some things are permissible and some are haraam .............................................................. 215 40509: A security guard sleeping when he has nothing to do .................................................... 219 x
34718: Important and precise conditions for committing an evil action by force of necessity in order to serve the interests of the Muslims........................................................ 219 38877: He wants to work in a company that produces programs for riba-based banks ................ 223 27304: Ruling on talking to women at work .......... 224 20959: Should he sit with his colleagues at work when they are drinking alcohol? ................... 227 26123: Salary of an employee who cheated in his exam ............................................................. 231 13715: Ruling on working as an expert in insurance matters .................................................... 232 9496: Ruling on working as a defence lawyer ....... 233 12786: Ruling on working as a film developer ...... 234 10946: He wants to work some days of the week and spend the rest in worship ........................ 236 9978: Ruling on telling bosses about a worker who is doing something wrong or is negligent ...... 237 12489: Should a boss agree to give permission to an employee who is cheating on the company’s time? ........................... 238 12866: Conditions of it being permissible to settle in kaafir countries ......................................... 239 8802: Asking about the circumstances of those who are seeking employment........................ 241 9374: Reading Qur’aan during work time ............. 241 11289: Tutoring the children of a bank employee ................................................................ 242 11335: Forging certificates in order to gain employment ............................................................ 243 11315: He works as an accountant in a company where he writes down the calculations for ribaa .... 244 4651: Workplace questions etc. .............................. 245 5230: Ruling on going on strike ............................. 248 1830: Students working in restaurants that serve alcohol and pork ........................................... 249 xi
2889: The boss is a gay kaafir ................................ 250 2875: A Muslim working for an atheist .................. 251 2151: Secrets in the medical profession ................. 252 2097: Can an employee take promotional items from the company for his own use?.............. 253 213: Employment in private and government sectors ................................................. 254 Chapter 5............................................................................... 256
Transactions ....................................................... 256 Employment for a Salary: Forbidden Kinds of Wealth ......................................... 256 42579: Fatwa from the Standing Committee on the “Business and “Hibbat al-Jazeerah” companies and pyramid marketing schemes .......... 256 42909: Taking a card and giving money to its owner and five other people, in a pyramid scheme .................................................................... 260 42513: Stealing phone time from a kaafir state ...... 265 32503: Taking more than one’s salary from a company in a kaafir land ........................................ 266 22870: Is rent received from a bank halaal? .......... 270 40651: Is it permissible to sell haraam things like pork to non-Muslims? ..................................... 273 33858: He took some money by force from a man and he wants to repent ................................. 279 39903: Is income from an internet café halaal or haraam? ................................................... 280 47791: He used to take things from work; what should he do now that he has repented? ................. 281 44922: Editing a book containing pictures ............. 283 22914: Is it permissible to do research for a student in return for payment? ............................... 285 47354: Can traders agree on prices before they submit their tenders? ...................................... 286
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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 7, is the twenty-eight 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.islamqa.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.
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Transactions - Part 7
Chapter 1 Transactions Employment for a Salary: General 22870: Is rent received from a bank halaal? Question: We rent our complex for a bank...whether the rent which we receive from the bank is halal. please clarify. Answer: Praise be to Allaah. Firstly: Dealing in riba is haraam and is a major sin. Allaah says (interpretation of the meaning): “O you who believe! Fear Allaah and give up what remains (due to you) from Ribaa (from now onward) if you are (really) believers. 279. And if you do not do it, then take a notice of war from Allaah and His Messenger but if you repent, you shall have your capital sums. Deal not unjustly (by asking more than your capital sums), and you shall not be dealt with unjustly (by receiving less than your capital sums)” [al-Baqarah 2:278-278] Secondly: Once it is established that it is haraam to deal in riba, 3
Jurisprudence and Islamic Rulings
then it is also haraam to help others in that in any way whatsoever. That is because Allaah says (interpretation of the meaning): “Help you one another in AlBirr and AtTaqwa (virtue, righteousness and piety); but do not help one another in sin and transgression” [al-Maa’idah 5:2] Based on this, it is not permissible for you to rent a place to a bank that deals in riba, because that is helping the bank in this major sin, namely riba. It was proven that the Prophet (peace and blessings of Allaah be upon him) cursed the one who consumes riba, the one who pays it, the one who writes it down and the two who witness it, and he said: “They are all the same.” Narrated by Muslim, 1598. Al-Nawawi said: This indicates that it is haraam to cooperate in falsehood. Al-Sindi said: All of them are cursed for their participation in sin. The scholars of the Standing Committee for Issuing Fatwas were asked: I own a building and one of the banks applied to rent it. This bank is one of those that deal in riba. Is it permissible for me to rent it to this bank and others that deal in riba, or not? They replied: That is not permissible, because the bank mentioned is going to use it as a place for dealing in riba, which is haraam. Renting it to them for this purpose is helping them in doing something haraam. Allaah says (interpretation of the meaning): 4
Transactions - Part 7
“Help you one another in AlBirr and AtTaqwa (virtue, righteousness and piety); but do not help one another in sin and transgression” [al-Maa’idah 5:2] Fataawa Islamiyyah, 2/423, 424 Shaykh ‘Abd al-‘Azeez ibn Baaz said: There are many verses and ahaadeeth which indicate that it is haraam to cooperate in sin. By the same token it is haraam to rent property to owners of banks that deal in riba, because of the evidence mentioned. Fataawa Islamiyyah, 2/395 The rent that you take from the bank is haraam wealth, which you must get rid of by giving it in charity. You must hasten to do that, because the Prophet (peace and blessings of Allaah be upon him) said: “Every body that is nourished on haraam things, the Fire is more fitting for it.” Narrated by al-Tabaraani; classed as saheeh by al-Albaani in Saheeh al-Jaami’, 4519. With regard to the rent that you took before you knew that it is haraam, it is permissible for you, because Allaah said, when He revealed the prohibition of riba (interpretation of the meaning): “So whosoever receives an admonition from his Lord and stops eating Ribaa, shall not be punished for the past; his case is for Allaah (to judge)” [al-Baqarah 2:275] See also questions no. 2492 and 8196
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Jurisprudence and Islamic Rulings
And Allaah knows best. Islam Q&A (www.islam-qa.com) 36650: Ruling on hosting a website which includes songs in some of its sections Question: I want to host websites, and one of the conditions of hosting will be that the sites do not include anything that goes against Islamic sharee’ah. But it is inevitable that among these sites there will be someone who puts some songs or something of that nature on his site. Is it obligatory to erase them, or can we simply advise him? If he refuses to erase them, then do I have to remove them? Please note that this will cause some damage to the reputation of my hosting service. I hope that you can explain this matter clearly. Answer: Praise be to Allaah. You have done well by stipulating that nothing should be included that goes against Islamic sharee’ah. If you state some examples, such as music, pictures of women and songs, that will be better, because some of those who use the internet may be unaware that these things go against sharee’ah. Whether you stipulate these conditions or not, it is not permissible for those who sign up with you to put anything haraam on their sites, for disobedience to Allaah is something that must be avoided, and that does not depend on conditions stipulated by anyone. The Prophet (peace 6
Transactions - Part 7
and blessings of Allaah be upon him) said: “Whatever I have forbidden to you, avoid it.” Narrated by al-Bukhaari, 7288; Muslim, 1337. It is not permissible for you to approve of anything that is haraam, or to help the one who wants to put it on his site, for Allaah has forbidden that when He said (interpretation of the meaning): “but do not help one another in sin and transgression” [al-Maa’idah 5:2] The condition that has been stipulated is simply to reinforce this message and make it clearer. Based on this, if someone puts something haraam on his site, you have to advise him and ask him to remove these files. If he responds, all well and good, otherwise you have the right to remove them and not renew his contract. Do not worry about your reputation; it is sufficient to please Allaah and be accepted by Him. Al-Tirmidhi (2414) narrated that ‘Aa’ishah (may Allaah be pleased with her) said: I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say: “Whoever seeks to please Allaah by displeasing the people, Allaah will suffice him and protect him from the people. But whoever seeks to please the people by displeasing Allaah, Allaah will leave him to the people.” Classed as saheeh by al-Albaani in Saheeh al-Tirmidhi. In His hands are the treasures of the heavens and the earth, “And whosoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (from every difficulty). 7
Jurisprudence and Islamic Rulings
3. And He will provide him from (sources) he never could imagine” [al-Talaaq 65:2-3] A little that is blessed is better than a great deal in which there is no blessing. And Allaah knows best. Islam Q&A (www.islam-qa.com) 45271: Is it permissible to rent a café that offers “hubblebubble pipes” in order to sell food? Question: There is a cafeteria in one of the casinos. Is it permissible for me to rent it in order to sell food? Please note that the cafeteria only offers tea and hubble-bubble pipes – what is the ruling on that?. Answer: Praise be to Allaah. It seems that it is not permissible for you to rent this place to serve food and drink, because smoking the hubblebubble pipe is haraam, as it is a waste of money and causes the Muslim to harm himself and others who smell this foul smoke. See question no. 10922 and 7432. The basic principle is that the Muslim should avoid these places of sin and keep away from them, and he should not offer them any help or serve things that will make people stay there longer such as permissible food and drinks. Renting part of the casino in order to serve food 8
Transactions - Part 7
to these sinners goes against the command to the Muslims to change evil wherever he sees it, and it goes against the command to avoid places of evil and sin. Allaah says (interpretation of the meaning): “And it has already been revealed to you in the Book (this Qur’aan) that when you hear the Verses of Allaah being denied and mocked at, then sit not with them, until they engage in a talk other than that; (but if you stayed with them) certainly in that case you would be like them” [al-Nisa’ 4:140] al-Qurtubi (may Allaah have mercy on him) said: The words of Allaah, “then sit not with them, until they engage in a talk other than that”, mean: something other than kufr. “(but if you stayed with them) certainly in that case you would be like them” – this indicates that it is obligatory to avoid sinners if they are openly committing evil, because whoever does not avoid them is effectively approving of their actions. Tafseer al-Qurtubi, 5/418 Shaykh Ibn Baaz (may Allaah have mercy on him) said: Denouncing evil in one’s heart is obligatory for everyone. This means hating and despising the evil action, and keeping away from those who do it if one is unable to change it with one’s hand (by taking action) or with one’s tongue (by speaking out against it). Al-Darar al-Sunniyyah fi’l-Ajwabah al-Najdiyyah, 16/142 Indeed, the owner should not rent out his stores to those who will use them for sinful purposes. 9
Jurisprudence and Islamic Rulings
Shaykh ‘Abd al-‘Azeez Aal al-Shaykh was asked: My father bequeathed to me one-third of the rent of a building that he owned. This building is rented out to stores, some of which sell cigarettes and hubble-bubble pipes, and there is also a store that sells music tapes. Is this bequest permissible or not? Please note that we do not own anything else. May Allaah reward you with good. He replied: What you have to do is to evict these people, because selling cigarettes and hubble-bubbles and music tapes are all things that go against sharee’ah, and it is not permissible for the Muslim to help others in sin and transgression. Allaah will compensate you with something better, in sha Allaah, and you will be able to rent it and earn from it in such a way that will benefit you and benefit the deceased, in sha Allaah. Note that whoever gives up something for the sake of Allaah, Allaah will compensate him with something better than it, and that provision cannot be acquired by sinful means. Allaah says (interpretation of the meaning): “And whosoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (from every difficulty). 3. And He will provide him from (sources) he never could imagine. And whosoever puts his trust in Allaah, then He will suffice him. Verily, Allaah will accomplish his purpose. Indeed Allaah has set a measure for all things” [al-Talaaq 65:2-3] And Allaah knows best. Islam Q&A (www.islam-qa.com) 10
Transactions - Part 7
14304: Ruling on rent-to-own schemes Question: What is the ruling on what many companies and banks do nowadays, whereby they rent out a car for a year in return for a specified amount each month, after which time the car becomes the property of the renter, but if he does not complete the agreed-upon rental period, ownership of the car reverts to the company or bank, and the renter has no right to reclaim whatever installments he has paid?. Answer: Praise be to Allaah. This kind of transaction is known as “rent-to-own”, and the contemporary scholars have differed concerning it. The Council of Senior Scholars has issued the following statement concerning it: The Council of Senior Scholars has studied the issue of rent-to-own schemes, and after discussing the matter, the majority of the Council thinks that this kind of transaction is not permissible in sharee’ah for the following reasons: 1 – It is a combination of two transactions for one item and is not based on either of them; the two transactions come under two separate rulings and there is a contradiction between the terms of the two transactions. When something is sold, the item and its benefits or usage must be transferred to the purchaser, so it is not valid for the seller to receive rent for it because it is the property of the purchaser. When something is rented, that means that the usage or benefits of the item (and not the item itself) are transferred to the renter. 11
Jurisprudence and Islamic Rulings
Selling something implies that the purchaser both owns the item itself and enjoys usage of it, and if it is worn out or destroyed he bears the cost of that and the loss of both the item and its benefits; none of that falls upon the seller. But if something is rented, the owner who is renting it out bears the cost of any loss or any wear or tear to the item or its benefits, unless the renter has transgressed the limits or shown negligence. Secondly: The rental fees are calculated on a yearly or monthly basis in such a way that towards the end of the state term, the value of the item is paid off, but the seller calls these payments “rental fees” so that the purchaser cannot not sell the item until he has paid the whole amount. For example: If the value of the item in question is fifty thousand riyals and the monthly rent is usually one thousand riyals, he makes it two thousand. In fact this is part of the price until, towards the end of the term, the value of the item is paid. But if the purchaser is unable to make the final payment, for example, the item will be taken away from him on the grounds that it is something rented, and he will not be given back the money that he has paid on the grounds that he has made use of it. It is obvious that this is wrongdoing and forcing people to borrow money to make the last payment. Thirdly: This kind of contract leads to the poor being careless about debts until many of them end up heavily in debt. It may even lead to bankruptcy for some of the lenders because of losses incurred because of loans to the poor. The Council thinks that the two parties should look for a sound way, which is to sell the item and put its price in pledge (rahn) and to protect the seller’s rights by letting 12
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him keep the contract document and ownership papers etc. And Allaah is the Source of Strength. May Allaah send blessings and peace upon our Prophet Muhammad and his family and companions. Members of the Council of Senior Scholars who signed this statement include the following: Shaykh ‘Abd al-‘Azeez ibn ‘Abd-Allaah Aal al-Shaykh Shaykh Saalih al-Lahaydaan Dr Saalih al-Fawzaan Shaykh Muhammad ibn Saalih al-‘Uthaymeen Shaykh Bakr ibn ‘Abd-Allaah Abu Zayd. Islam Q&A (www.islam-qa.com) 45653: What should he do with a tenant who does not want to leave the house? Question: We are a family whose breadwinner has died, and he left us some property. Some people have been living in this property for a long time, 18 years, for a rent of 40 Egyptian pounds. Allaah has blessed these tenants with wealth and made them so well-off that they own property themselves. One of them has put the property in his sons’ names, another has put it in his wife’s name. We are in great need of those apartments, so I went to them and asked them to vacate the apartments, and I explained the situation to 13
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them, but all I got from them was a refusal to budge. One of them asked for a huge amount of money in return for leaving. I tried to talk to them several times but without success. The law in our country is on their side. After that I asked them for more rent so that we can meet our own living expenses, but that also met with no success. What should I do?. Answer: Praise be to Allaah. Firstly: The reason why such problems arise between landlord and tenant is the failure to adhere to the laws of Allaah when drawing up signing the lease. One of the things in which many people go against sharee’ah, causing them a lot of problems, is not defining the period of rental, because defining the period of rental prevents disputes and protects the rights of both sides; it obliges the landlord to let the tenant stay in the property and it obliges the tenant to pay the rent to the landlord for the duration of the rental period, and it obliges him to adhere to the terms of the lease and pay the rent even if he does not use the property. Ibn Qudaamah said: There is no dispute among the scholars concerning the fact that it is permissible to rent out property. Ibn alMundhir said: All the scholars from whom we acquired knowledge are unanimously agreed that renting out houses and animals is permissible. And it is only permissible to rent them out for a specific, defined period, after viewing and defining the property 14
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in question, because it cannot be known otherwise. It is not permissible not to define the timescale or describe the property. This is the view of al-Shaafa’i. Al-Mughni, 5/260. The correct view is that the rental period does not have to be limited to a specific length of time, rather it can continue for months or decades, so long as that is with the agreement of both parties. Ibn Qudaamah said: If the rental is to last for a period it should be known, such as a month or a year. There is no dispute concerning that as far as we know. Because the timescale is important with regard to the property to be rented, so it must be known, just as when selling a commodity that can be measured, it should be sold by measure. Al-Mughni, 5/251. And he said: The maximum period of renting cannot be defined, rather the property that is rented may continue to be rented so long as it is still sound, even if the period is lengthy. This is the view of all the scholars… because Allaah tells us that Shu’ayb (peace be upon him) said: “on condition that you serve me for eight years; but if you complete ten years, it will be (a favour) from you” [al-Qasas 28:27] The law of the nations before us is our law too, unless there is evidence that it has been abrogated. al-Mughni, 5/253 Secondly: 15
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With regard to the death of either the tenant or the landlord before the expiry of the rental period, the majority of scholars are of the view that the contract is not annulled by the death of either party. The Hanafis and some of the Taabi’een held a different view and said that the contract is annulled, unless the heirs of the landlord agree to that, and that they have the right to demand that the rental property be vacated. The correct view is the view of the majority, so the contract remains binding on both parties for the duration of the rental period. In the book al-Ijaarah, al-Bukhaari is quoted as having a chapter in his Saheeh entitled “Chapter: If a person rents land and one of them dies. Ibn Seereen said: The family do not have the right to make him leave until the period (of the rental agreement) is ended. Al-Hakam, al-Hasan and Iyaas ibn Mu’aawiyah said: The rental continues until the end of the period agreed upon. Ibn ‘Umar said: The Prophet (peace and blessings of Allaah be upon him) gave Khaybar to its people in return for half of the harvest. That was at the time of the Prophet (peace and blessings of Allaah be upon him) and Abu Bakr, and the beginning of Umar’s caliphate, and there is no mention that Abu Bakr and ‘Umar renewed the rental contract after the Prophet (peace and blessings of Allaah be upon him) died." Al-Haafiz ibn Hajar said: The words “Chapter: If a person rents land and one of them dies” mean: is the rental annulled or not? The majority view is that it is not annulled. The Kufis and alLayth were of the view that it is annulled… they agreed that the rental is not annulled if the person in charge of the waqf dies, and this is the case here.
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The words “The family do not have the right to…” refer to the family of the deceased. “to make him leave” means, to make the tenant leave. The point here is to prove that the rental agreement is not annulled if one of the two parties dies. This is the apparent meaning and is referred to by the words “and there is no mention that Abu Bakr and ‘Umar renewed the rental contract after the Prophet (peace and blessings of Allaah be upon him) died”. Fath al-Baari, 4/463. Thirdly: With regard to what you should do about the tenants who refuse to leave, we advise the following: 1 – You should explain to them that the contract between you and them is not acceptable according to sharee’ah because it does not mention the time period for the contract. We have stated above that the time period must be stated, and there is no dispute among the scholars on this point. 2 – You should give them sufficient opportunity to vacate the property, and this period should be stated clearly to correct the previous mistake and there should be a new contract with a set time period. 3 – If they refuse to leave, then you should tell them that they are usurping the property and are sinning, and you should tell them of the punishment for wrongdoing and the ruling on those who usurp property. 4 – You should bring in some influential wise men who could speak to them, or some of their relatives or acquaintances whom they will listen to. You can agree to 17
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pay them some money to leave the apartment. It is haraam for them to consume this money, but as far as you are concerned, if the person who is wronged cannot get his rights except by giving money to the wrongdoer, it is permissible for him to do that. See question no. 40272. 5 – If that does not work either, then you have three choices: You can pray against them – for the prayer of the oppressed is answered; or you can let them off; or you can leave their case to Allaah to take your rights from them for you. And Allaah knows best. Islam Q&A (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 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. 18
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Firstly: The Standing Committee was asked a similar question, about renting gold and silver jewellery for the woman to wear for her wedding, then returning it two weeks later, for example, and paying for that. They replied: The basic principle is that it is permissible to rent gold and silver jewellery for one of the two currencies, or for something else, for a known rent and period of time, after which the one who rents the jewellery is to return it. And there is nothing wrong with taking collateral for that. Fataawa al-Lajnah al-Daa’imah, 15/79-80 The two currencies are gold and silver, i.e., it is permissible to pay the rental fee in gold or silver, or in the banknotes that people use nowadays. And Allaah knows best. Secondly: Women’s fathers and guardians are advised not to make excessive demands with regard to the mahr (dowry), and not to burden prospective husbands with unreasonable demands as regards the mahr, traditional set of jewellery and furniture, etc. Such excessive demands are condemned in sharee’ah, as are the harmful consequences to which they lead. See question no. [12572]. Islam Q&A (www.islam-qa.com) 34590: If a person is hired to do a job, it is permissible for him to hire someone else to do it Question: Is it permissible to sell projects or jobs, such as when a 19
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person takes on a job in his own name from an institution for 300 million, for example, and he gives it to a subcontractor to do it for 250 million?. Answer: Praise be to Allaah. There is nothing wrong with selling jobs or contracts. This is like when a person is hired to do some construction work or the like; there is nothing wrong with him hiring someone else to do the actual work, but that is subject to two conditions: -1The institution should not have stipulated in its contract that the person hired must do the work himself and must not sell it to a third party, because the Prophet (peace and blessings of Allaah be upon him) said: “The Muslims are bound by their conditions.” Narrated by Abu Dawood, 359; classed as saheeh by al-Albaani in Saheeh Abi Dawood. The Standing Committee was asked about someone who rented a building for 100,000 and sublet it for 150,000 – is that permissible? They replied: Whoever rents a building may sublet it to someone else for the same price as that for which he rented it, or for more or less than that, and for the same time period as that agreed upon or less, not for more that may cause harm, because he has the right to make use of the thing that he has rented. Therefore it is permissible for him to make use of it himself or let someone else make use of it, unless the owner has stipulated that the renter may not 20
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transfer it to someone else, or he may not rent it to those who practice certain professions or occupations, in which case they are both bound by the conditions that they have agreed upon. Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: Question: If a person is hired to do a certain job, such as if it is said, ‘We want you to clean this house every day, and we will give you one hundred riyals each month,’ then he hires someone to clean the house each month but for fifty riyals, is that permissible or not? Answer: Yes, that is permissible. This is like saying that it is permissible to rent what’s left of a lease for more than what one has paid in rent. This is what people do nowadays, for example we see that the government has an agreement with a company to clean the mosques, so each mosque is cleaned in return for a certain amount of money, then this company gives the workers who do the work agreed upon in the contract less than one-quarter of what the company has agreed upon with the government. ... For example: I hired a man to copy Zaad al-Mustaqni’ (a book of fiqh) for me, and I knew that this man’s handwriting was excellent and that he makes few mistakes, then he hired a man to write it for less than I had hired him, and the handwriting of the man who was hired by the one whom I had hired was beautiful. But the scholars say that this is not permissible. Al-Sharh al-Mumti’, 4/327 That is because what matters when it comes to copying books is not that the handwriting should be beautiful, rather what matters is both beautiful handwriting and 21
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attention to the rules of spelling and placement of diacritical marks, etc. And Allaah knows best. Islam Q&A (www.islam-qa.com) 26201: It is better for workers to hasten to pray when they hear the adhaan Question: Is it better for workers to hasten to pray when they hear the adhaan, or to wait until they have finished some tasks? What is the ruling on offering naafil prayers after praying, apart from the regular Sunnah prayers?. Answer: Praise be to Allaah. It is better for all Muslims to hasten to pray when they hear the adhaan, because the muezzin says, “Hayya ‘ala al-salaah (Come to prayer).” Hesitating will lead to missing the prayer. With regard to a worker offering naafil prayers after the prayer, apart from the regular Sunnah prayers, this is not permissible, because his time belongs to someone else, according to the work contract. With regard to the regular Sunnah prayers, there is nothing wrong with him offering them, because bosses and supervisors customarily allow that. And Allaah is the Source of strength. Majmoo’ Fataawa al-Shaykh Ibn ‘Uthaymeen, 15/32. (www.islam-qa.com) 22
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39508: Appointing an agent to make a purchase, and the agent benefitting from the product bought Question: Can I be hired by a man to buy a car for him from another country in return for a set amount of money, knowing that the country from which the car will be bought imposes a tax on the purchaser if he is going to use the car in that country, but if he is going to take it to his own country, he can ask for the tax to be refunded after paying it, and the agent wants to take the amount paid in tax for himself without asking the permission of the one who appointed him?. Answer: Praise be to Allaah. This transaction may take two forms: 1 – If the man buys this car for you in return for a wage which will be given to him for doing this job. So he is your agent acting on your behalf in making this purchase. In that case it is not permissible for him to take anything but the wage that you have agreed upon. Any reduction in the price of the car, or taxes that are refunded, or gifts given to the agent because of this transaction, should all be given to you (the one who appointed him) unless you willingly let him have anything of that, because any rights connected to this contract belong to the one who appoints the agent. Ibn Qudaamah said: Ahmad said, according to one of the reports narrated from him: If a man is given a garment to sell, and he does that, and the purchaser gives him a 23
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handkerchief, then the handkerchief belongs to the (original) owner of the garment. He said that because the reason why the handkerchief was given was the sale, and the handkerchief was in addition to the price paid, so anything extra that is given when the transaction is made is connected to it. End quote, from al-Mughni, 5/82. 2 – If the man buys the car, then sells it to you. In this case he may increase the price and add the tax to it, whether he gets it back or not. But it is not permissible for you to buy it from him until he has taken possession of the car in a real sense, because the Prophet (peace and blessings of Allaah be upon him) said to Hakeem ibn Hizaam: “If you buy something, then do not sell it until you have taken possession of it.” Narrated by Ahmad, 15399; al-Nasaa’i, 4613; classed as saheeh by al-Albaani in Saheeh al-Jaami’, 342. Al-Daaraqutni and Abu Dawood (3499) narrated from Zayd ibn Thaabit that the Prophet (peace and blessings of Allaah be upon him) forbade selling products that had been bought until the merchants had put them with their own luggage.” This hadeeth was classed as hasan by alAlbaani in Saheeh Abi Dawood. In al-Saheehayn it is narrated from Ibn ‘Abbaas that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever buys food, let him not sell it until he obtains it.” Al-Bukhaari, 2132; Muslim, 1525. Muslim added: Ibn ‘Abbaas said: I think all other products are the same, i.e., there is no difference between food and other things in this regard. And Allaah knows best. Islam Q&A (www.islam-qa.com) 24
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20421: Is it permissible to rent from kaafirs? Question: Is it permissible for a Muslim to rent property from a non-Muslim? In the US, there are more non-Muslims than Muslims. Unfortunately, they hang crosses, display statues, in or on their property, etc. We rented property to hold a wedding. The rooms we rented and will use have no haram images. However, the owners have things displayed in the building. These items make me uncomfortable but our community is large and Muslims have not yet established businesses for this purpose. We encounter the same problem in renting out an apartment.(We also see these images in public schools, hospitals, etc.) The owner may display things on his part of the property but the tenant is free to display halal items on the portion they rent. I want this wedding to be an example to a people that have for the most part abandoned separate weddings. I cannot afford for it to be a bad example. Answer: Praise be to Allaah. It is permissible for a Muslim to rent property from a non-Muslim; the same applies to all other permissible dealings, such as selling, buying, depositing items as security on loans and others. The Prophet (peace and blessings of Allaah be upon him) and his companions used to do business with the Jews and others, and when the Prophet (peace and blessings of Allaah be upon him) died, his shield was deposited as security with a Jew for thirty saa’s of barley.
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Narrated by al-Bukhaari, 2759. If the rented party hall is free from haraam images, it does not matter if the owner puts any such thing or any other bad thing in his own private section. The Muslims should strive to get their own place for such occasions, on condition that it be set up for segregation of men and women, and that it is not too far from a mosque, so that the people can pray in congregation when the time for prayer comes. Shaykh Ibn Baaz (may Allaah have mercy on him) was asked the following question: Those who live in kaafir countries, such as America, Britain, etc, have dealings with the kuffaar. What is the ruling on that? The shaykh replied: When the Prophet (peace and blessings of Allaah be upon him) died, his shield was deposited as security for a loan with a Jew. What is forbidden is to take them as close friends. As for buying and selling, there is nothing wrong with that. The Prophet (peace and blessings of Allaah be upon him) bought some sheep from an idolater and distributed them among his companions. Rather what is haraam is to take them as close friends, love them and support them against the Muslims. But if a Muslim buys from them, sells to them, or deposits something with them, there is nothing wrong with that. The Prophet (peace and blessings of Allaah be upon him) even ate the food of the Jews, and their food is permissible as Allaah says (interpretation of the meaning): “The food (slaughtered cattle, eatable animals) of the people of the Scripture (Jews and Christians) is lawful to you and yours is lawful to them” [al-Maa’idah 5:5] 26
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Majmoo’ Fataawa wa Maqaalaat Mutanawwi’ah, 19/60 We ask Allaah to help you to do that and to help you to do what you want of obeying Him and avoiding disobedience. And Allaah knows best. Islam Q&A (www.islam-qa.com) 21688: Should he work for a company whose boss is a kaafir? Question: I am a young Muslim man and praise be to Allaah I work in one of the Arab countries, but my boss at work does not pray, and he watches permissive channels and listens to music. I spoke to him about these things one day and he told me that he knows that listening to music is haraam, and so is watching permissive channels. But with regard to prayer he told me that it is just because of laziness and the Shaytaan, and he is trying to deal with it. I offered to help him but he refused, and he is still not praying, and he is still listening to music and watching permissive channels. Is it haraam for me to work with him or is the money I get from working with him haraam? Please advise me. Answer: Praise be to Allaah. Your earnings and your work have nothing to do with your boss’s situation or his not praying or his listening to music or watching haraam things. You should keep on trying to advise him without getting too close to him, because there is the fear that he may influence you. 27
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You also have to apply the rulings of sharee’ah with regard to your boss, if he continues to neglect prayer – such as not initiating the greeting of salaam with him and not liking him in your heart. We have already discussed a great deal about the rulings on not praying and the fact that it is kufr (disbelief) and riddah (apostasy). Shaykh Muhammad al-Saalih ibn ‘Uthaymeen said: We advise this brother who works with kaafirs to look for a job where there are no enemies of Allaah and His Messenger, who follow religions other than Islam. If that is possible, what is how it should be. If that is not possible, then there is no sin on him because he is doing his job and they are doing theirs, but that is subject to the condition that there should be no feelings of love or friendship towards them in his heart, and that he should adhere to the teachings of sharee’ah with regard to greeting them and returning their greetings, and so on. Also he should not attend their funerals or their festivals, or congratulate them on the occasion of their festivals. (Majmoo’ Fataawa al-Shaykh Ibn ‘Uthaymeen, 3/39, 40). And Allaah knows best. Islam Q&A (www.islam-qa.com) 26801: Ruling on go-betweens Question: What is the ruling on go-betweens, and is that haraam? For example, if I want to get a job, or enter a school, and so on, and I use the services of a go-between, what is the ruling on that? 28
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Answer: Praise be to Allaah. Firstly: if the services of a person who intercedes on your behalf with regard to a job will result in a person who is more deserving of that position because of his qualifications and his ability to do the job in a more precise manner being deprived of it, then that intercession is haraam, because it is injustice against one who is more deserving of it, and it is unfair to the person who is in charge of that work because it is depriving him of the services of one who is more qualified and better able to help them advance in this area of life. This is also an injustice against the ummah because it is depriving it of one who could serve the ummah and direct its affairs in this field in the best possible manner. Moreover it generates resentment and suspicion, and corrupts society. But if this intercession does not result in infringement of anyone’s rights then it is permissible, and indeed it is encouraged by sharee’ah and the one who intercedes will be rewarded, in sha Allaah. It was proven that the Prophet (peace and blessings of Allaah be upon him) said: “Intercede, and you will be rewarded, and Allaah decrees what He wills on the lips of His Messenger.” (al-Bukhaari, 1342). Secondly: schools, institutes and universities are public resources of the ummah, in which they can learn that which will benefit them in their spiritual and worldly affairs. No one in the ummah is more entitled to it than anyone else except on the basis of some consideration other than intercession on his behalf. If the intercessor knows that his intercession will result in someone who is more entitled because of his qualifications, age or because he submitted his application first, etc, being deprived, then his intercession is not allowed, because it will result in injustice against the one who is deprived or is forced to go to a school that is further away, so it will become 29
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difficult for him, because that will generate resentment and will corrupt society. May Allaah send blessings and peace upon our Prophet Muhammad and his family and companions. Al-Lajnah al-Daa’imah, Fataawa Islamiyyah, 4/300 (www.islam-qa.com) 31242: Is it permissible to employ a non-Muslim servant? Question: 1.Can a Muslim has a christian servant(menial) as a washerman, cleaner & cook etc? 2.If yes, what Islam says about a christian servant? Answer: Praise be to Allaah. It is permissible for a Muslim to employ a kaafir servant subject to certain conditions which include the following: He should not introduce anything impure (naajis) into the food or clothing of the Muslim. He should not cook for him anything that Muslims are forbidden to eat, such as pork. Employing this servant should not cause any fitnah (temptation) with regard to matters of religion, such as admiring Christianity or the Muslim children being influenced by the rituals of kufr which this servant may practise. There should be no risk of being tempted by him or her, 30
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or of committing haraam actions with him or her, as may happen if the female Christian servant is uncovered in front of the Muslim head of the household or his sons, or the Muslim wife of the head of the household may be tempted by a servant or driver. Such a servant should not be employed in the Arabian Peninsula where it is haraam for the kuffaar to settle. The servant should not be mistreated or his rights denied; one of the bad consequences of that is that it puts him off Islam. The Muslim must strive to employ Muslims because they are less evil, in general, than the kuffaar, and less likely to commit haraam actions that go against sharee’ah or to make others commit them. If a Muslim does have a kaafir servant, he should strive to call him to Islam and to guide him. The evidence that it is permissible to employ a trustworthy kaafir servant and call him to Islam is the hadeeth narrated by al-Bukhaari (1356) from Anas (may Allaah be pleased with him) who said: “A Jewish boy used to serve the Prophet (peace and blessings of Allaah be upon him), and he fell sick. The Prophet (peace and blessings of Allaah be upon him) went and visited him. He sat by his head and said, ‘Enter Islam.’ The boy looked at his father, who was present. (His father) said, ‘Obey Abu’l-Qaasim (peace and blessings of Allaah be upon him).’ So he entered Islam and the Prophet (peace and blessings of Allaah be upon him) left saying, ‘Praise be to Allaah Who has saved him from the Fire.’” And Allaah is the Source of strength. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 31
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26267: Asking permission to leave work after completing what is required Question: What is your view of this major fitnah in Afghanistan and the killing of innocent people and oppression of civilians that is going on? If I ask my immediate superior for permission to leave work early, is that permissible Answer: Praise be to Allaah. With regard to the first question, what the Muslim should do with regard to these events is to offer help to his brothers in Afghanistan and to make du’aa’ for them that Allaah will help and strengthen them, and support them. With regard to the second question: if what you mean is that you are an employee who is required to work for a certain number of hours, such as seven hours a day for example, and you are able to complete in five hours the work that is expected of you in seven hours, then you leave and your immediate superior has given you permission, then it seems that there is nothing wrong with that, so long as the following conditions are met: 1 – Your staying there should not be essential to your work, such as meeting clients, rather it should be the case that the extra time is a waste of time. 2 – Your being fast should not be detrimental to the work you are doing, rather you should do it completely without any shortcomings. 3 – The department in which you work should not have 32
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rules against such behaviour (because most departments and companies make it a condition that employees be present during work hours). If these conditions are met, then I hope that there is nothing wrong with that. Shaykh Sa’d al-Humayd (www.islam-qa.com) 12397: Retirement lump sum for a bank employee Question: One of our friends is asking about his father who works in a interest-based bank and is about to retire. He will be given a lump sum at the end of his career from the money of this interest-based bank. What is the ruling on this lump sum? What is the ruling on the pension that he will receive after retirement? (Please note that the retirement pension will be paid to him monthly from the social security fund, which is a body which receives payments made by the employer – the bank in this case – and compulsory deductions from the employee towards the pension). Answer: Praise be to Allaah. Our shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) was asked about the payment of a lump sum upon redundancy for an employee of a interest-based bank. He replied that it is permissible for him to take something in return for the period that he worked in the riba-based bank before he knew that it was haraam, and that it is not permissible for him to take anything for the period when he worked and was aware of the prohibition. 33
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For example, if we suppose that he worked for 30 years in the bank, and he did not know for 20 years that his work was haraam, then he came to know of the ruling, but he continued to work for another 10 years, then he may take (a lump sum) in return for the twenty years, but not for the last ten years. With regard to his children, it is permissible for them to take what they need from their father even if his earnings are haraam, because his spending on them is obligatory, and the sin is on him only. But they should advise him and not take too much. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 12332: Teacher tutoring students outside of school (private lessons) Question: Some students ask their teachers for help with their studies outside of school with things that they don’t understand, in return for payment. Knowing that the student is the one who is asking the teacher for that, is there any difference in the ruling if the student is studying with that teacher in the same school? Does this go against the words of the Prophet (peace and blessings of Allaah be upon him), “Seeking knowledge is obligatory upon every Muslim”? Answer: Praise be to Allaah. There is nothing wrong with a student asking a teacher 34
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for help outside the classroom to teach him and help him understand the subjects he is studying, whether that is with his own teacher or another teacher. But if the regulations of the school do not allow that, then the student should adhere to the regulations that concern him. But if there are no such regulations, then there is no reason why he should not have some teachers to tutor him outside of school hours in his home or in the mosque. There is nothing wrong with that. Kitaab Majmoo’ Fataawa wa Maqaalaat Mutanawwi’ah li Samaahat al-Shaykh al-‘Allaamah ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz (may Allaah have mercy on him), vol. 8, p. 279 . (www.islam-qa.com) 12627: Taking payment for reciting Qur’aan over a sick person Question:
We heard that some of those who use the Qur’aan for treatment – by reading Qur’aan and du’aa’s prescribed in sharee’ah over water or perfumed oil for the treatment of sihr (witchcraft), the evil eye and the touch of the Shaytaan (madness) – take payment for doing that. Is this permissible according to sharee’ah? Does reciting over oil or water come under the same ruling as reciting over the patient himself for the purpose of treatment? Answer: Praise be to Allaah. There is nothing wrong with taking payment for treating the sick by means of ruqyah, because it was reported in 35
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al-Saheehayn that a group of the Sahaabah (may Allaah be pleased with them) went to a tribe among the Arabs who did not offer them hospitality. Their chief was stung, and they did everything but to no avail. Then they came to that group of Sahaabah (may Allaah be pleased with them) and said, “Is there any raaqi (one who does ruqyah) among you? For our chief have been stung.” They said, “Yes, but you did not offer us hospitality, so we will not do ruqyah for him unless we make a deal.” So they agreed upon a number of sheep, then one of the Sahaabah did ruqyah for him by reciting Soorat al-Faatihah, and he recovered. They gave them what had been agreed upon, then the Sahaabah said to one another, “Let us not do anything until we tell the Prophet (peace and blessings of Allaah be upon him).” When they came to Madeenah, they told him about it and he said, “You did the right thing.” There is nothing wrong with reciting into water or oil to treat the sick, the one who is affected by sihr (witchcraft) or the insane, but reciting over the sick person and blowing onto him is better and is preferable. Abu Dawood (may Allaah have mercy on him) narrated with a hasan isnaad that the Prophet (peace and blessings of Allaah be upon him) recited into water for Thaabit ibn Qays ibn Shammaas, then he poured it over him. The Prophet (peace and blessings of Allaah be upon him) said, “There is nothing wrong with ruqyah so long as it does not involve shirk.” This saheeh hadeeth includes the sick person doing ruqyah for himself, and doing ruqyah by reciting into water, oil, etc. And Allaah is the Source of strength. Majmoo’ Fataawa wa Maqaalaat Mutanawwi’ah li Samaahat al-Shaykh al-‘Allaamah ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz (may Allaah have mercy on him), vol. 9, p. 408 (www.islam-qa.com)
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Chapter 2 Transactions Employment for a Salary: Prohibited Jobs 42950: Ruling on teaching man-made laws Question: What is the ruling on teaching man-made laws? What is the ruling on taking a salary for that?. Answer: Praise be to Allaah. Teaching man-made laws or studying them in order to explain their falseness and to distinguish what is right from what is wrong, and to demonstrate the superiority of Islamic sharee’ah and to show that it is complete and encompasses everything that is in people’s interests with regard to their worship and their interactions with one another is permissible, and may be obligatory if circumstances call for it, in order to demonstrate what is true and what is false and to explain that to the ummah and make them aware of that so that they will adhere to their religion, and will not be deceived by the specious arguments of the deviants and those who promote the rule of man-made laws. It is permissible to take payment for this kind of work. But with regard to teaching man-made laws because one likes them and wants to promote them, and prefers them 37
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to Islamic laws, and opposes Islamic laws, this is a challenge against Allaah and His Messenger, and is blatant kufr and a deviation from the straight path. Taking payment for this is haraam and is evil upon evil. We ask Allaah to keep us safe and sound and we seek refuge in Him from misguidance. 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 alDaa’imah, 23/497. See also question no. 12874. Islam Q&A (www.islam-qa.com) 42579: Fatwa from the Standing Committee on the “Business and “Hibbat al-Jazeerah” companies and pyramid marketing schemes Question: The Standing Committee for Academic Research and Issuing Fatwas has received many questions about pyramid marketing companies such as the “Business” and “Hibbat al-Jazeerah” companies, whose work may be summed up as being the attempt to convince a person to buy a product on the basis that he will also convince others to buy; they in turn will convince others, and so on. The more levels of participants there are, the more the first person will gain in commission, reaching thousands of riyals. Every participant convinces others to join in return for a large commission, if he is successful in getting new customers to join his list of members. This is what is called pyramid marketing or network marketing. Answer: Praise be to Allaah. 38
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The Committee replied: This kind of dealing is haraam, because the purpose of this dealing is to earn commission, not to buy the product. The commission may reach tens of thousands, whilst the product is not worth more than a few hundred. Any smart person who is offered a choice between the two will choose the commission. Hence these companies rely on marketing and advertising of their product which emphasizes the size of the large commission which the participant can earn, and offers the incentive of a large profit in return for a small sum, which is the price of the product. The product marketed by such companies is merely a screen or a means of earning these commissions and profits. Because this commission is really the point of the transaction, it is haraam according to sharee’ah for several reasons: 1 – It involves riba of two types, riba al-fadl (involving exchange of goods of the same type but of different quantity) and riba al-nasi’ah (involving deferred payment of a larger amount than would be paid if it were paid immediately). The participant pays a small amount of money in order to gain a lot of money, in other words he pays cash for cash of a different amount and with deferred payment. This is the kind of riba that is forbidden according to the texts and to scholarly consensus. The product which the company sells to the agent is simply a screen for this transaction; it is not what the participant is seeking and it makes no difference to the ruling. 2 – It is a kind of gharar (ambiguous transaction) that is forbidden in sharee’ah, because the participant does not know whether he will be successful in finding the number of purchasers (participants) required or not. No matter how long pyramid or network marketing lasts, it must inevitably reach an end, and when a person joins the pyramid he does not know whether he will be in a higher level and thus make a profit, or in the lower levels and 39
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thus make a loss. The fact of the matter is that most of the members of the pyramid lose out, except for the few at the top. So what usually happens is loss, which is the case of all ambiguous transactions. One of two things may happen, and it is usually the one that is most feared. The Prophet (peace and blessings of Allaah be upon him) forbade ambiguous transactions, as was narrated by Muslim in his Saheeh. 3 – These transactions involve consuming people’s wealth unlawfully, because these contracts benefit no one but the companies and some participants whom the company encourages with the aim of tricking others. This is what is forbidden in the Qur’aan, where Allaah says (interpretation of the meaning): “O you who believe! Eat not up your property among yourselves unjustly” [al-Nisa’ 4:29] 4 – This transaction involves cheating, deceiving and tricking people, by showing the product as if that is the purpose of this transaction, when that is not the case, and by enticing them with the idea of large commission which people do not usually earn. This is the kind of deceit that is forbidden in sharee’ah. The Prophet (peace and blessings of Allaah be upon him) said: “Whoever deceives us is not one of us.” Narrated by Muslim in his Saheeh. And the Prophet (peace and blessings of Allaah be upon him) said: “The two parties to a transaction have the choice, so long as they have not parted. If they are sincere and open in their dealings, the transaction will be blessed for them, but if they lie and conceal anything, the blessing of their transaction will be erased.” Agreed upon. With regard to the view that this transaction is a kind of brokerage, this is not true. Brokerage is a transaction 40
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whereby the broker receives payment in return for selling the product, whereas in network marketing the participant pays a fee in order to market the product. Brokerage means marketing the product in a real sense, unlike network marketing where the real aim is to market the transaction, not the product, so the participant markets to others who will market to others who will market to others and so on, unlike brokerage in which the broker markets the product to those who really want the product. The difference between the two is quite clear. With regard to the view that the transaction is a kind of gift, this is also not true. Even if we accept that, not every gift is permissible according to sharee’ah. A gift given in return for a loan is riba. Hence ‘Abd-Allaah ibn Salaam said to Abu Burdah (may Allaah be pleased with them both): “You are in a land where riba is widespread among them. If you have some right over a man and he gives you a load of straw or a load of barley or a load of fodder, this is riba.” Narrated by al-Bukhaari in his Saheeh. Gifts are subject to the rulings on the reason for which they are given. Hence the Prophet (peace and blessings of Allaah be upon him) said, concerning the zakaatcollector who came and said: “This is for you and this is what was given to me as a gift”: “Why don’t you sit in the house of your father and mother and see whether you are given any gifts or not?” Agreed upon. These commissions are only paid for the purpose of joining the network marketing scheme, no matter what names are given to them, whether they are called gifts or anything else. That does not change their nature or the ruling on them in the slightest. It is worth mentioning that there are companies that have appeared in the market which follow the practices of network marketing or pyramid marketing, such as 41
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“Smartest Way”, “Gold Quest” and “Seven Diamonds”. The ruling on these companies is no different from the ruling on the companies mentioned above, even though the products they offer may vary. And Allaah is the Source of strength. May Allaah send blessings and peace upon our Prophet Muhammad and his family and companions. Standing Committee for Academic Research and Issuing Fatwas. Fatwa no. 22935, dated 14/3/1425 AH. (www.islam-qa.com) 41105: Ruling on working in a company that promotes satellite channels Question: I am sending this message to you because I am so anxious about this problem, namely the place where I work. It is a satellite TV company, one of whose channels is the Iqra’ religious channel which broadcasts religious programming, but there are also other channels such as music channels and Arabic movies. What should I do? Praise be to Allaah, I am a religiously-committed and bearded young man and I follow the Sunnah of the Prophet (peace and blessings of Allaah be upon him). My work is in the switchboard of the company; I answer the phones and transfer calls to the employees, and vice versa. At the same time I am looking for other work, but I cannot find anything. In my heart I am worried because of this work. Every time I hear the hadeeth of the Prophet (peace and blessings of Allaah be upon him), “The slave’s feet will not move on the Day of Resurrection until he has been asked about four things,” including his wealth, I get worried because of that. I hope that you will advise me. 42
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Answer: Praise be to Allaah. We ask Allaah to guide you towards that which is best for your religious commitment and worldly affairs, and we ask Allaah to grant you a goodly (halaal) provision and to bless it for you. Your work in this company is not permissible, and it is haraam earnings, because this company facilitates channels that promote immorality, deviation and misguidance. Allaah has forbidden us to commit sin and do haraam things directly, and He has also forbidden us to help others in doing so. 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] “Help you one another in AlBirr and AtTaqwa (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] Anyone who thinks about these immoral channels will be amazed by the audacity of these people in spreading immorality and opposition to sharee’ah and decent morals. 43
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For every deviation, temptation or misguidance caused by these channels to any individual, those who produce and work for these channels have a share of the sin. Allaah says (interpretation of the meaning): “That they may bear their own burdens in full on the Day of Resurrection, and also of the burdens of those whom they misled without knowledge. Evil indeed is that which they shall bear!” [al-Nahl 16:25] It was narrated that Abu Hurayrah (may Allaah be pleased with her) said: The Prophet (peace and blessings of Allaah be upon him) said: “… whoever calls to misguidance will have a burden of sin like that of those who follow him, without that detracting from their sins in the slightest.” Narrated by Muslim, 2674. Our advice to you is to leave this job, and look for other work that is halaal and good. Be patient in bearing the problems that you will encounter, for the reward of Allaah is precious. What matters is not the work, rather what matters is that the work should be halaal. Beware of nourishing your body on haraam food (earned through haraam work), and remember that no soul will die until it has received its provision in full and lived the time span decreed for it. Read the following hadeeth well and think about it: The Prophet (peace and blessings of Allaah be upon him) said: “There is nothing that will bring you closer to Paradise but I have enjoined it upon you, and there is nothing that will bring you closer to Hell but I have forbidden it to you. The Holy Spirit (i.e. Jibreel) inspired to me that no soul will die until it has been given its provision in full. Fear Allaah and be moderate in seeking 44
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a living, and do not let the fact that it is slow in coming make you seek it by disobeying Allaah, for that which is with Allaah cannot be attained except by obeying Him.” See al-Silsilah al-Saheehah, 2866. Remember that Allaah has commanded us to eat from that which is good and permissible (al-tayyibaat) and He has told us that haraam wealth is one of the things that prevent du’aa’s from being answered. It was narrated that Abu Hurayrah (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Allaah is Good and does not accept anything but that which is good. Allaah has issued the same command to the believers as He issued to the Messengers, when He said (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’ [al-Baqarah 2:172].” Then he mentioned a man who has traveled for a long time and is disheveled and dusty, and stretches forth his hands towards heaven, saying, “O Lord, O Lord,” but his food is haraam, his drink is haraam, his clothing is haraam and his nourishment is haraam, so how could he receive a response? Narrated by Muslim, 1015.
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So seek the help of Allaah and seek reward from Allaah. We ask Allaah to give you strength and guidance. And Allaah knows best. 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 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. 46
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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 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 47
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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: “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 48
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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 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. 49
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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 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 nonMuslims is not haraam, and there is no text in the Qur’aan or Sunnah that says that it is haraam to sell it to nonMuslims”, 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 50
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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: 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. 51
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We ask Allaah to granted you a halaal and blessed provision. And Allaah knows best. Islam Q&A (www.islam-qa.com) 26964: Prohibition against spying on others Question: I work for a company and my boss has asked me to tell him what the employees are saying about him personally, despite the fact that some of what they are saying is true. Is the money that I receive in return for this spying halaal or haraam? Answer: Praise be to Allaah. It is not permissible for you to do this haraam action, because it involves nameemah (malicious gossip) and spying, and the reward you receive for this is haraam earnings. You should note that nameemah is a major sin. Nameemah means telling some people what others have said about them in order to cause trouble among them. This is the most common definition of nameemah. Ibn Hajar alHaythami narrated it in his book al-Zawaajir ‘an Iqtiraaf al-Kabaa’ir, then he said: “It says in al-Ihya’: it is not limited to that, rather it refers to disclosure of anything that may hurt or offend somebody if it is disclosed, whether it is the person who is spoken about who is offended, or the person who hears the gossip, or a third 52
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party, whether it is disclosed verbally, in writing or by means of a hint or a gesture, and whether what is transmitted is an action, a word, a fault or a shortcoming in the person who is being talked about, or in someone else. The definition of nameemah is uncovering secrets and disclosing that which it is not appropriate to disclose. Hence we should keep silent and refrain from telling everything that we see of people’s situations, unless speaking of it will bring some benefit to a Muslim or ward off some harm. For example, if you see a person taking someone else’s property, you have to bear witness to that, in contrast to if you see someone hiding his own money, in which case speaking of it would be nameemah and disclosing a person’s secrets. If what is spoken of is a fault or shortcoming in the person of whom one speaks, then this is gheebah (backbiting) and nameemah (malicious gossip).” (al-Zawaajir, no. 252: al-Nameemah) It was narrated that al-Haafiz al-Mundhiri said: “The ummah is unanimously agreed that nameemah is forbidden and that it is one of the greatest sins in the sight of Allaah.” From this we know that your passing on to your boss what your colleagues say is a kind of disclosing secrets and creating mischief and falling into this major sin, in addition to it being spying, which is haraam. There are many texts which condemn nameemah and spying and seeking out people’s faults, which will deter the Muslim from committing these haraam actions: 1 – The Prophet (peace and blessings of Allaah be upon him) said: “No person who spreads nameemah will enter Paradise.” According to another report, “No eavesdropper (qattaat)…” Narrated by al-Bukhaari, 6056; Muslim, 105. 53
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A qattaat is someone who spreads nameemah. It was said that the one who spreads nameemah is the person who is with a group who are speaking, then he spreads gossip about them, and that the qattaat is the one who listens to them without them realizing, then he spreads gossip about them. 2 – In al-Saheehayn it is narrated that Ibn ‘Abbaas said: “The Prophet (peace and blessings of Allaah be upon him) out of one of the gardens of Madeenah, and he heard the sounds of two people who were being tormented in their graves. He said, ‘They are being punished, not for something that was difficult to avoid, but it is nevertheless a major sin. One of them did not protect himself from urine (i.e., take measures to avoid contaminating himself or his clothes) and the other used to walk about spreading nameemah.’” (al-Bukhaari, 216; Muslim, 292). 3 – It is also narrated in al-Saheehayn from Abu Hurayrah that the Prophet (peace and blessings of Allaah be upon him) said: ‘Beware of suspicion, for suspicion is the falsest of speech. Do not eavesdrop; do not spy on one another; do not envy one another; do not forsake one another; do not hate one another. Be, O slaves of Allaah, brothers.” Al-Bukhaari, 5144; Muslim, 2563. Al-Nawawi (may Allaah have mercy on him) said: “Some of the scholars said that tahassus [‘eavesdropping’] means listening to other people’s conversations, and tajassus [‘spying’] means seeking out their faults. Or it was suggested that tajassus means looking for secrets. The word is mostly used in the sense of evil. The jaasoos (spy) is the one who seeks out secrets for evil purposes and the naamoos is the one who seeks out secrets for good purposes. And it was said that tajassus means looking for 54
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information for someone else, and tahassus means looking for information for oneself. This was the view of Tha’lab. And it was said that they mean one and the same, which is seeking out information about people’s circumstances.” 4 – al-Bukhaari (7042) narrated from Ibn ‘Abbaas that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever speaks of a dream that he did not actually see will be ordered [on the Day of Judgement] to tie two grains of barley together, and he will never be able to do so. Whoever listens in on other people’s conversations when they do not like that will have molten lead poured into his ears on the Day of Resurrection. Whoever makes an image will be punished and will be ordered to breath life into it, and he will not be able to do so.” 5 – Ahmad (19277) and Abu Dawood (4880) narrated that Abu Barzah al-Aslami said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘O you who have spoken the words of faith but faith has not truly entered your hearts! Do not backbite about the Muslims, and do not seek out their faults. For whoever seeks out their faults, Allaah will seek out his faults, and if Allaah seeks out a person’s faults He will expose him even in his own house.’” Classed as saheeh by al-Albaani in Saheeh Abi Dawood, 4083. We do not think that a believer would read these great ahaadeeth and then volunteer to spy on his fellowMuslims, or seek out their faults, or spread nameemah among them. We think that you are one of those who will benefit from this and pay attention, in sha Allaah. Hence we say that you must refuse to do this task, no matter what encouragement or threats you may receive, whilst also advising your colleagues to stop gossiping about their boss and telling them off for doing so. You should also advise your boss to stop spying on his 55
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employees and not be suspicious about them, because that will corrupt them and make them lose trust, as the Prophet (peace and blessings of Allaah be upon him) said: “If you seek out people’s faults you will corrupt them or almost corrupt them.” Narrated by Abu Dawood, 4888; classed as saheeh by alAlbaani in Saheeh Abi Dawood, 4088. We will conclude with a few points about the attitude of the Muslim towards nameemah or malicious gossip when it is passed on to him. Ibn Hajar al-Haythami said in his book al-Zawaajir ‘an Iqtiraaf al-Kabaa’ir: “The person who hears some malicious gossip, such as being told ‘So and so said this about you’ or ‘he did this to you,’ must do six things: 1 – He should not believe it, because the one who spreads nameemah is a faasiq (evildoer) according to scholarly consensus, and Allaah says (interpretation of the meaning): “If a Faasiq (liar — evil person) comes to you with any news, verify it, lest you should harm people in ignorance, and afterwards you become regretful for what you have done” [al-Hujuraat 49:6] 2 – He should tell him not to repeat this evil action, which is evil in both religious and worldly terms. 3 – He should hate him for the sake of Allaah if he shows no sign of repenting. 4 – He should not think badly of the one of whom it was
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said, because he does not know whether that person really said it or did it. 5 – What he has been told should not make him spy on others or look for their faults for the purpose of verifying what was said, because Allaah says (interpretation of the meaning): “Avoid much suspicion; indeed some suspicions are sins. And spy not…” [al-Hujuraat 49:12] 6 – He should not approve for himself that which he has told the other person not to do, so he should not pass on the malicious gossip and say, ‘So and so told me this,’ otherwise he will also be gossiping and backbiting, and he will be doing that which he told someone else not to do. ‘Umar ibn ‘Abd al-‘Azeez (may Allaah be pleased with him) said to someone who passed on some malicious gossip to him: “If you wish, we can look into the matter. If you are lying, you will be one of the people mentioned in the verse ‘If a Faasiq (liar — evil person) comes to you with any news’ [al-Hujuraat 49:6 – interpretation of the meaning]; and if you are telling the truth, you will be one of the people mentioned in the verse, ‘A slanderer, going about with calumnies’ [al-Qalam 68:11 – interpretation of the meaning]. Or if you wish, we will forgive you.” He said, “Forgive me, O Ameer alMu’mineen, I will never do it again.” The caliph Sulaymaan ibn ‘Abd al-Malik rebuked someone who had spread nameemah about him, in the presence of al-Zuhri. The man denied that and Sulaymaan said to him, “The one who told me about it is one who does not tell lies.” Al-Zuhri said: “The one who spreads 57
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nameemah (malicious gossip) cannot be truthful.” Sulaymaan said, “You are right,” and he let the man go in peace. Al-Hasan said: “The one who tells malicious gossip to you will tell malicious gossip about you. This indicates that the person who spreads malicious gossip should be hated and not believed or trusted. How can he not be hated when he persists in lying, backbiting, slandering, betraying, deceiving, envying, spreading mischief among the people and cheating? He is one of those who try to sever the ties which Allaah has commanded must be upheld and who spread mischief on earth. 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] - and the one who spreads malicious gossip is one of them.” And Allaah knows best. Islam Q&A (www.islam-qa.com) 40472: Ruling on fixing TVs and VCRs Question: I fix TVs and VCRs, and also install satellite dishes. Is there any sin on me if the owner of these machines uses them to listen to songs and watch movies etc? Please advise me, may Allaah reward you with good. 58
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Answer: Praise be to Allaah. 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] What you are doing by fixing TVs, VCRs and satellite dishes which are then used by their owners to listen to and watch haraam things is a kind of helping in sin. 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 it detracting from his reward in the slightest. And whoever calls people to misguidance will have a burden of sin like that of those who followed him without that detracting from their sin in the slightest.” Narrated by Muslim, 2674. So it is not permissible for you to do this work and it is better for you to look for other work. Remember that Allaah says (interpretation of the meaning): “And whosoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (from every difficulty). 3. And He will provide him from (sources) he never could imagine” [al-Talaaq 65:2-3] The Standing Committee for Issuing Fatwas was asked: I work as an electronic engineer and my work involves fixing radios, TVs and VCRs, and similar equipment. I hope that you can advise me as to whether I should 59
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continue in this work, knowing that if I leave this job I will miss out on a lot of experience in my field that I have been learning all my life, and I may be adversely affected by leaving it. They replied: The evidence of sharee’ah from the Qur’aan and Sunnah indicates that the Muslim must be keen to seek a good income, so you should look for a job from which your income will be good (i.e., halaal). With regard to your income from the job you mention, it is not good (halaal), because these machines are usually used for haraam things. Fataawa al-Lajnah al-Daa’imah, 14/420. See also question no. 39744. Islam Q&A (www.islam-qa.com) 44922: Editing a book containing pictures Question: We are a new company wich is dealing about design. About more than 1 month ago we get a contract with a bank to edit a training book for it employees. The problem is that before we edit this book we thought that we will be able to edit a book without pictures, but the bank ask us to edit a book with pictures. We know that pictures is haram, so I asked to my brother that we can not edit such book, but my friend reply me that we can not stop our contract cause if we stop it the bank will lead us to the justice court and we may have very serious problems. So we continue our contract with this bank till we finished to edit this book, now the book is being printing and we will soon receive the paymenent of the bank for our work. So our dear sheikh here is another problem too, I just 60
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read that dealing with company wich are dealing with ribaa is haram, and the bank for wich we edited the book is a pure ribaa bank. So we will soon receive the payment of this bank, is this money haram ? If this money is haram, can I take back my personnal money I invest to buy the ink for the printer and to buy the orther things wich had a connection with this project. Can I pay the employee and the rent of the computer that we use for this project and all other equipements and electricity and bill phones ? Can we use the money of this bank to pay the taxes (like automotive insurances and so on …) and to pay back debts? For the money wich will left what we will do with it ? can I give it to poor people or to build Islamic center or to use it for other dawah purpose ?. Answer: Praise be to Allaah. If what is meant by your words “pictures are haraam” is photographs, this matter has been discussed previously in the answers to questions no. 13633, 10668 and 7918. Drawing pictures of animate beings by hand is haraam. See question no. 39806. You do not say anything in your question about the content of this book. If the book is an advertisement for the activities of the riba-based bank, then printing it is haraam because that involves helping the bank to deal in riba. 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] 61
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So it is not permissible to accept any payment at all, and you should donate all income from this project to charity. But if the content of the book is permissible and by printing the book you are not helping the bank in its haraam activities or doing advertising for them, then take out of the money enough to purify it, i.e., the payment for printing haraam pictures. We ask Allaah to compensate you with something better, for whoever gives up something for the sake of Allaah, Allaah will compensate him with something better than that. And Allaah knows best. Islam Q&A (www.islam-qa.com) 49829: Ruling on working for a company that maintains the Central Bank building Question: I am an engineer, I graduated nearly two years ago, and I looked for suitable work but I could not find anything. Praise be to Allaah, I am well off and live with my father, but I hoped that Allaah would enable me to find work so that he will stop worrying about me sitting and not working or doing anything useful. Now I have found the opportunity to work in a private company that maintains and operates the Central Bank, on an annual contract and with a decent salary. Is the ruling on working for this company the same as the ruling on working in banks? I hope you can answer my question… What if I tell the company that I do not want to work in the bank and ask them to transfer me elsewhere – will the same ruling apply? Please note that I have not found work until now. 62
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Answer: Praise be to Allaah. It is not permissible for you to work in the Central Bank either directly or by working for a company that maintains and operates the bank’s equipment, because this involves cooperating in sin and transgression. This central bank is responsible for all the banks and for deciding their interest rates (riba) and enforcing their regulations and promulgating laws and systems that go against the laws of Allaah. If you work for a maintenance and operation company there is no reason why you should not maintain and operate companies that deal with things that are permissible according to the rulings of sharee’ah, even if your company has other branches that deal with things that are not permissible. What is important for you is not to accept work in this field; you should look for another field where you can operate and maintain things that are permissible according to sharee’ah. On this site you will find many fatwas concerning the ruling on working for riba-based banks and for organizations that guard riba-based banks or operate programs for them. We have quoted in these fatwas the comments of the scholars stating that such jobs are haraam, and this applies completely – if not more emphatically – to companies that take care of these banks. See also the answers to questions no. 21113, 21166, 28771. And Allaah is the Source of strength. Islam Q&A (www.islam-qa.com)
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50074: Is it permissible for him to sell gifts that have to do with kaafir festivals? Question: There is a factory that makes glass gifts, such as perfume bottles and candlesticks and exports them to other countries. I have been offered a position with responsibility for exports, but the factory will ask me to make some gifts that are just for Christian holidays (Christmas) such as crosses and images. Is this work permissible? I fear Allaah now that I have been blessed with some knowledge and have memorized His Book. Answer: Praise be to Allaah. It is not permissible for any Muslim to join in the festivals of the kuffaar, whether by attending the festivities or enabling them to hold their celebrations, or selling any goods or products that have to do with these festivals. Shaykh Muhammad ibn Ibraaheem (may Allaah have mercy on him) wrote to the Minister for Trade, saying: From Muhammad ibn Ibraaheem to His Excellency the Minister for Trade, may Allaah preserve him. Peace be upon you and the mercy of Allaah and His blessings. We have been told that last year, some traders imported gifts for Christmas and the Christian New Year, including Christmas trees, and that some citizens bought these and gave them as gifts to Christian foreigners in our country, joining them in this festival. This is an evil action which they should not have done. 64
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Undoubtedly you know that this is not permissible, and you are aware of what the scholars have said about there being scholarly consensus on the prohibiton on joining the kuffaar, mushrikeen and people of the Book in their festivals. We hope that you will issue a ban on these gifts that have been brought into our country and other things that come under the same ruling and are things that are unique to their celebrations. Fataawa al-Shaykh Muhammad ibn Ibraaheem, 3/105. Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) was asked: Some Muslims join the Christians in their celebrations. What is your advice? He replied: It is not permissible for any Muslim man or woman to join the Christians, Jews or others kaafirs in their festivals, rather that must be avoided, because “Whoever imitates a people is one of them.” The Prophet (peace and blessings of Allaah be upon him) warned us against imitating them and adopting their ways. So the believer, man or woman, must beware of that; it is not permissible to help them in doing that in any way, because these festivals are against sharee’ah, so it is prohibited to take part in them or to cooperate with the people who are celebrating it, or help them in any way, whether by helping them to serve tea or coffee or in other ways such as providing vessels etc, 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. And fear Allaah. Verily, Allaah is Severe in punishment” [al-Maa’idah 5:2] 65
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Joining in with the kuffaar on their holidays is a kind of cooperating in sin and transgression. Majmoo’ Fataawa al-Shaykh Ibn Baaz, 6/405 In a statement issued by the scholars of the Standing Committee concerning joining in celebrations of the Millennium, they said: … It is not permissible for a Muslim to cooperate with the kuffaar in any way with regard to their festivals, such as announcing and publicizing their festivals, including the Millennium mentioned above, or promoting them by any means, whether that is via the media or by setting up clock to “count down” to the Millennium, or making clothes or other items that commemorate the occasion, or printing greeting cards or stationery marking this occasion, or offering special discounts or prizes on these occasions, or holding sporting events or producing special logos for them etc. Based on this, it is not permissible for you to participate in making anything that has to do with the festivals of the kuffaar; you should leave this job for the sake of Allaah, and Allaah will compensate you with something better than it in sha Allaah. And Allaah knows best. Islam Q&A (www.islam-qa.com) 36524: He cannot find any work except renovating churches Question: I am a civil engineer who has recently graduated. I have 66
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tried hard to look for work but I could not find anything, until I found a job three months ago in the office of one of my Christian professors. The project in hand involves doing research in order to restore ancient churches. My God! What should I do? For the first opportunity in my life, should I stay home or go to work? I worked with him for three months then I left after I got fed up with him and the work. I continued to try hard to look for work and I found another job, but they let me go after three months without giving any real reason. Please tell me whether I made a mistake by leaving the first job after Allaah had blessed me with it, or was it a test for me from Allaah?. Answer: Praise be to Allaah. You should praise Allaah for saving you from this calamity at a time of respite (i.e., in this world when you still have an opportunity to repent), because this work of renovating churches is one of the worst types of work, because it is helping in one of the greatest evils, namely disbelief in Allaah and His Messenger (peace and blessings of Allaah be upon him). The Standing Committee was asked about the Muslim who works in construction: is it permissible for him to build a church? He replied: It is not permissible for a Muslim who believes in Allaah and the Last Day to build a church or any place of worship that is not based on Islam with which Allaah sent Muhammad (peace and blessings of Allaah be upon him), because that is one of the most serious forms of helping kufr and manifesting its symbols. Allaah says (interpretation of the meaning): 67
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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] And Allaah is the Source of help. Fataawa al-Lajnah al-Daa’imah, 14/482. The Committee also issued a fatwa stating that it is haraam to work as a guard or watchman for a church, because that is helping in sin. Fataawa al-Lajnah al-Daa’imah. So praise Allaah and ask Him for a good and halaal provision. Remember that whoever gives up something for the sake of Allaah, Allaah will compensate him with something better than that. “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 – interpretation of the meaning] Try to look for permissible work, and ask Allaah to give you strength, and do not give up. Do not forget that no soul dies until it has had its full provision, sooner or later. We ask Allaah to bestow His favour and generosity upon you and to make you independent of means by His bounty. And Allaah knows best. Islam Q&A (www.islam-qa.com)
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31781: Working for a company that cheats, and the ruling on working in a company in which some things are permissible and some are haraam Question: He works for a company which mixes haraam things with halaal things, and sells some stolen goods and cheats. Is his income halaal? If he leaves this job, any other job will also involve some things that are forbidden according to sharee’ah, so what should he do? Should he continue in his job or give it up and let his children go hungry when he cannot find any means of taking care of them?. Answer: Praise be to Allaah. If your work involves helping them in any way with any kind of cheating or stealing, then it is not permissible, 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] But if your work has nothing to do with the haraam things, and the company also has some other departments that do not deal with haraam things, then it is permissible for you to work in the departments that deal with permissible things, subject to the condition mentioned above, which is that there should be no helping anyone to do anything haraam. Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said:
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It is not permissible to work in riba-based institutions even as a driver or guard, because taking up employment with a riba-based institution implies that one approves of it. A person who hates something could never agree to work in its interests, so if he works in its interests, that means he approves of it, and the one who approves of something haraam has a share of its sin. But if he is directly involved in recording, sending and depositing, etc., then he is undoubtedly involved directly with the haraam thing. It was proven from the hadeeth of Jaabir (may Allaah be pleased with him) that the Prophet (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, and he said: “They are all the same.” Fataawa Islamiyyah, 2/ 401. What you have to do is to denounce those who are in charge of the haraam departments, and advise them to give up these dealings. You also have to advise the purchasers, if you can, and tell them of the faults present in the products that they are buying. With regard to the issue of there being no other work, this is a whisper (waswasah) from the Shaytaan. 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] There are many kinds of permissible work. So you have to put your trust in Allaah and avoid that which is haraam. 70
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With regard to the idea of your children dying of starvation, we ask you: is it better for them to die of starvation – assuming that they do die – or for you to enter Hell for their sake?? Moreover, Allaah is the One Who has created them, and He is the One Who has guaranteed to provide for them, as He says (interpretation of the meaning): “And in the heaven is your provision, and that which you are promised” [al-Dhaariyaat 51:22] “And kill not your children for fear of poverty. We shall provide for them as well as for you. Surely, the killing of them is a great sin” [al-Isra’ 17:31] Allaah has decreed the provision of each person before he emerges from his mother’s womb, so do not fear that Allaah may reduce your rizq (provision), rather fear your own self that is inclined to evil and tempts you to commit sin. Remember the words of the Prophet (peace and blessings of Allaah be upon him): “There is no flesh that is nourished from haraam sources, but the Fire is more suited to it.” Narrated by al-Tirmidhi, no. 614; classed as hasan by al-Albaani in Saheeh al-Tirmidhi. There follow some stories from the life of the RightlyGuided Caliph ‘Umar ibn ‘Abd al-‘Azeez (may Allaah have mercy on him): Some apples were brought to ‘Umar ibn ‘Abd al-‘Azeez for the bayt al-maal (treasury) of the Muslims, and a small son of his took an apple. He snatched it back from him by force and the child ran to his mother, crying. She sent someone to the marketplace to buy him an apple. When 71
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‘Umar went back home, he noticed the smell of apples and said, “O Faatimah, have you taken anything from this wealth?” She said, “No,” and told him that she had bought an apple for her son with her own money. ‘Umar said: “By Allaah, when I snatched it from him it was as if I was snatching it from my own heart, but I would not like to condemn myself before Allaah for the sake of an apple from the wealth of the Muslims.” Manaaqib ‘Umar ibn ‘Abd al-‘Azeez by Ibn al-Jawzi, p. 190. ‘Umar ibn ‘Abd al-‘Azeez entered upon his daughters after ‘Isha prayer to greet them, and when they realized he was there, they put their hands over their mouths and moved away from him. He said to their guardian, “What is the matter with them?” She said: “They did not have anything to eat for dinner apart from lentils and onions, and they don’t want you to smell that from their mouths.” So ‘Umar wept then he said to his daughters, “O my daughters, what will it benefit you if you live a life of luxury but your father ends up in Hell?” Then they wept loudly. ‘Umar ibn ‘Abd al-‘Azeez by Dr. al-Burunu, 142. ‘Umar ibn ‘Abd al-‘Azeez was rebuked, when he was dying, of leaving his children poor. He sent for them and there were over a dozen males. He looked at them and his eyes filled with tears, then he said: “O my sons, you father has been given the choice between two things, either you will be rich and your father will enter the Fire, or you will be poor and your father will enter Paradise. If you are poor and your father enters Paradise, that is dearer to him than your being rich and your father entering Hell. Get up, may Allaah protect you.” And Allaah is the Source of strength. Islam Q&A (www.islam-qa.com) 72
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34597: Ruling on repairing machines that are usually used for haraam purposes Question: Is repairing TVs, tape recorders, VCRs and receivers halaal or haraam?. Answer: Praise be to Allaah. These machines may be used for permissible purposes, or they may be used for haraam purposes, which is what usually happens, such as watching pictures of women who are clothed yet naked, or listening to music. Hence it is not permissible to repair them unless that is done for one whom it is known or is thought most likely will use them for permissible purposes. But if it is known or is thought most likely that a person will use them for haraam purposes, it is not permissible to help him to fix his machine. Allaah says (interpretation of the meaning): “but do not help one another in sin and transgression. And fear Allaah. Verily, Allaah is Severe in punishment” [al-Maa’idah 5:2] The Standing Committee For Issuing Fatwas was asked the following question: I work as an electronic engineer, and part of my work is fixing radios, TVs, VCRs and the like. I hope that you can advise me as to whether I should continue in this work, knowing that if I do not do this work I will miss out on a lot of experience and the profession for which I 73
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have been studying all my life, and I may suffer a lot of harm because of not doing this. They replied: The evidence of sharee’ah, from the Qur’aan and Sunnah, indicates that the Muslim must strive to find a good source of income. So you have to look for work where your income will be good (i.e., halaal). As for earning a living from the work that you mention, this is not good, because these machines are usually used for haraam purposes. From Fataawa al-Lajnah al-Daa’imah, 14/420. And Allaah knows best. Islam Q&A (www.islam-qa.com) 34672: Opening an internet café in which there is no supervision of users Question: What is the ruling on working or investing in internet cafes, knowing that some of the visitors to these places go to websites that are forbidden according to sharee’ah… and all that I can do is to hang up a sign in front of each internet user reminding them that these sites are haraam, and where each user is in a separate booth to guard his privacy, and I cannot watch all of them all the time? Will I be guilty of sin or is the user himself the only one who will be responsible for his bad actions?. Answer: Praise be to Allaah. 74
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It is not permissible to work or invest in internet cafes unless they are free of evils, which includes not allowing the visitors to go to haraam websites, by denying them access to such sites, or by throwing them out if they insist on using them. That is because Allaah says (interpretation of the meaning): “Help you one another in AlBirr and AtTaqwa (virtue, righteousness and piety); but do not help one another in sin and transgression. And fear Allaah. Verily, Allaah is Severe in punishment” [al-Maa’idah 5:2] “Those among the Children of Israel who disbelieved were cursed by the tongue of Dawood (David) and ‘Eesa (Jesus), son of Maryam (Mary). That was because they disobeyed (Allaah and the Messengers) and were ever transgressing beyond bounds. They used not to forbid one another from Al-Munkar (wrong, evildoing, sins, polytheism, disbelief) which they committed. Vile indeed was what they used to do” [al-Maa’idah 5:78, 79] And the Prophet (peace and blessings of Allaah be upon him) said: “Whoever calls others 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 others to misguidance will have a burden of sin like that of those who follow him without that detracting from their sins in the slightest.” Narrated by Muslim, 2674. And he said: “Whoever among you sees an evil action, let him change it with his hand (by taking action); if he cannot then with his tongue (by speaking out); and if he
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cannot then with his heart (by hating it and feeling that it is wrong), but this is the weakest of faith.” Narrated by Muslim, 49. Shaykh Ibn Baaz (may Allaah have mercy on him) said: “Denouncing in one’s heart is obligatory upon everyone, which means hating and despising the evil and separating from those who do it if one is unable to change it with one’s hand or tongue, because Allaah says (interpretation of the meaning): ‘And when you (Muhammad) see those who engage in a false conversation about Our Verses (of the Qur’aan) by mocking at them, stay away from them till they turn to another topic. And if Shaytaan (Satan) causes you to forget, then after the remembrance sit not you in the company of those people who are the Zaalimoon (polytheists and wrongdoers)’ [al-An’aam 6:68].” From al-Durar al-Saniyyah fi’l-Ajwibah al-Najdiyyah, 16/ 142. If it is not possible to control this café and prevent evil from taking place therein, then it is not permissible to open such a place, so as to avoid falling into sin. If you give up this work seeking to draw closer to Allaah and to keep away from dubious matters, then receive the glad tidings of the hadeeth of the Prophet (peace and blessings of Allaah be upon him): “Whoever gives up something for the sake of Allaah, He will compensate him with something better than that.” We ask Allaah to give you strength and to bless you, and to compensate you with something better. And Allaah knows best. Islam Q&A (www.islam-qa.com) 76
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38877: He wants to work in a company that produces programs for riba-based banks Question: I am a communications engineer and I have been offered a job in a communications company in the field of network security. This is a field in which I can serve Islam, but in the field of network security it is inevitable that I will deal with programs for riba-based transactions, and the company does projects for a number of banks etc. Is it permissible for me to work there?. Answer: Praise be to Allaah. It is not permissible to help with riba in any way, whether that is writing it down, witnessing it, working as a security guard, programming, looking after equipment or any other kind of help, 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. And fear Allaah. Verily, Allaah is Severe in punishment” [al-Maa’idah 5:2] If you can avoid that, then your work is permissible, otherwise you should look for another job that is permissible. Be certain that provision comes from Allaah, and that it is acquired by obeying Him, as He says (interpretation of the meaning): “And whosoever fears Allaah and keeps his duty to Him, 77
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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] It is known that many companies deal with riba, and that whoever specializes in a field such as yours will encounter some difficulty in looking for permissible work. But that cannot compare with the great sin that is borne by the one who helps others to commit a sin for which Allaah threatens those who do it with war. So fear Allaah and beware of His punishment. Make sure your food is halaal, for every body that is nourished from haraam sources, the Fire is more fitting for it. (Hadeeth narrated by al-Tabaraani and by Abu Na’eem in al-Hilyah; classed as saheeh by al-Albaani in Saheeh al-Jaami’, no. 4519. And Allaah knows best. Islam Q&A (www.islam-qa.com) 33645: Ruling on a man working in a hairdressing salon for women Question: We have some relatives, among whom is a man and his wife who worked in a hairdressing salon. Then the wife stopped working but the man continued to work as a hairdresser for women, and he invites them to come for 78
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lunch at their house. Is it permissible for us to eat at their house, and is his work haraam?. Answer: Praise be to Allaah. If the work of the relatives you mention is as described, then his work is haraam and his earnings are haraam. The one who does such work has to look for another job, and keep away from haraam things. There are many means of earning a living, praise be to Allaah. “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” [al-Talaaq 65:2-3 – interpretation of the meaning] It is better for the Muslim to protect himself and to keep away from places of temptation, so as to protect his honour and his religious commitment. Allaah will give him a way out. It is not permissible for the relatives and friends who visit them to eat their food or to drink anything they offer, if they do not have any other source of income apart from this work. And Allaah is the Source of strength. Fataawa al-Lajnah al-Daa’imah li’l-Buhooth wa’l-Ifta’, 14/36. (www.islam-qa.com)
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6418: He falsified information on his university certificate and got hired on the basis of that certificate Question: Someone used a forged university certificate to help him get a job. Another person used a genuine certificate but some of the details were false. A third person forged a paper required for the job, such as a certificate of experience. They worked and understood the job fully. What should these people do now that they have repented? Please note that some of the jobs are in the government sector and some are in the private sector. Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah preserve him), who answered as follows: Everything that is based on falsehood is false. These people have to repeat the exams for the certificates on which their employment is based. But if it is the case that the final certificate did not involve any deceit, although they cheated in the stages that came before it, then I hope that this will be OK. Question: But the certificate is given on the basis of all subjects studied during the years of study. Answer: Then it is not permissible until he repeats the exams in a proper fashion. Question: But practically speaking, if he goes to the university and tells them, I want to repeat the exams, they will tell him that the system does not permit that.
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Answer: Then let him resign from his job, then he can work at the level of the certificate where no deceit is involved, such as a high school certificate, for example. Question: But he may say, I understand the work fully and my experience in the job qualifies me to work, even without the certificate. Answer: Then let him approach his superiors in the department in which he works, and tell them what the situation is. If they give him permission to continue on the basis of his good performance, then I hope that that will be OK. Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 26788: Woman working in a home for the elderly Question: Is it permissible for a women to work in a home for the elderly that is mixed, men and women together, where the workers have to wash the people, both men and women, and change their diapers, or she may have to give them forbidden drinks and meals containing pork? Can a Muslim woman work in this place if she avoids giving the people alcohol and haraam meats? Also please note that she is not allowed to wear anything but a scarf on her head and a knee-length shirt over trousers, on grounds of necessity. Some people have told the women that doing this kind of work is better than being dependent on the social agencies that offer help to families whose head is out of work. Answer: Praise be to Allaah. 81
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With regard to offering alcohol and pork to the residents of the home for the elderly, this is undoubtedly haraam, and the Prophet (peace and blessings of Allaah be upon him) cursed ten types of people with regard to alcohol, including the one who carries it and the one who pours it. It was narrated that Anas ibn Maalik (may Allaah be pleased with him) said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) cursed ten types of people with regard to wine: the one who presses (the grapes), the one for whom it is pressed, the one who drinks it, the one who carries it, the one to whom it is carried, the one who pours it, the one who sells it and consumes its price, the one who buys it and the one for whom it is bought.” (Narrated by al-Tirmidhi, 1295; Abu Dawood, 3674). So it is not permissible to carry it or serve it and to be paid for that. The Prophet (peace and blessings of Allaah be upon him) said: “When Allaah forbids people to eat something, He also forbids its price to them [i.e., they are not allowed to sell it].” (Classed as saheeh by al-Albaani – may Allaah have mercy on him) in Saheeh Abi Dawood, no. 2978). It is also well known that alcohol and pork are forbidden in the Qur’aan. There remain two further issues of concern: The first is that the Muslim woman who works in this home is not wearing complete shar’i hijaab. The second is that washing the elderly people and changing their diapers will lead to seeing and touching their ‘awrahs. This is permissible in cases of necessity, but I do not think they will appoint men to take care of men and women to take care of women; usually they bring all the people together in one place and both women and men work with both sexes. 82
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So my advice is that a Muslim woman, in particular, should not work in this place. This work is also not desirable because it involves dealing with impure things. Accepting help from the social institution, even though it involves the humiliation of the Muslim taking aid from the kaafirs, is still easier to bear that this work which involves going against sharee’ah. We ask Allaah to cause Islam and the Muslims to prevail. And Allaah is the Source of help. Islam Q&A Shaykh Muhammad Saalih al-Munajjid (www.islam-qa.com) 21113: Working in a riba-based bank without directly dealing with riba and depositing money in such a bank Question: I work in a bank in a particular country, in a department that does not deal with riba-based transactions, but the central bank does deal with interest and it is a government foundation. What is the ruling on working in this bank? I hope you can advise me Answer: Praise be to Allaah. Your working in this bank is haraam, even if you are in a department which does not deal with riba-based transactions. It is sufficient to note that the “central bank” is the head bank and working in the other departments complements the work of the sections that do deal with riba; the bank is formed from all the departments and all the institutions connected to it are engaged in riba. 83
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The scholars have stated that it is not permissible to work even as a guard or driver for such institutions, so how about working as a teller or clerk? Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: It is not permissible to work in a riba-based institution even if a person is working as a driver or guard, because that means that he is working for the riba-based institution, which implies that he approves of it. For whoever disapproves of a thing would not work to support it, so if he is working for it that implies that he approves of it, and the one who approves of something that is haraam is also guilty of sin. But if he is directly involved in recording transactions, writing, sending and depositing etc, then he is undoubtedly dealing directly with something haraam. It was proven in the hadeeth of Jaabir (may Allaah be pleased with him) that the Prophet (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. He said: “They are all the same.” Fataawa Islamiyyah. 2/401 The Standing Committee was asked about a man who worked as a night guard for one of the banks, and he had nothing to do with the bank’s transactions – should he continue with this job or leave? They replied: It is not permissible for a Muslim to work as a guard for banks that deal with riba, because this is a kind of cooperating in sin and transgression, and Allaah has forbidden that as He says (interpretation of the meaning): “but do not help one another in sin and transgression” [al-Maa’idah 5:2] 84
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Most of the banks deal with riba, so you have to look for a halaal means of earning a living, not this way. And Allaah is the Source of strength. May Allaah bless our Prophet Muhammad and his family and companions. Fataawa Islamiyyah, 2/401, 402 And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 14102: Working in an alcohol factory Question: An inquirer from Gambia is asking, what is the ruling on a Muslim who sells alcohol or drugs, can we call him a Muslim or not? What is the ruling on a Muslim who works in an alcohol factory, does he have to give up his job if he cannot find any other job? Answer: Praise be to Allaah. Selling alcohol and other intoxicants is a grave evil, and working in alcohol factories is haraam and is an evil, because Allaah says (interpretation of the meaning): “Help you one another in Al Birr and At Taqwa (virtue, righteousness and piety); but do not help one another in sin and transgression” [al-Maa’idah 5:2] Undoubtedly selling alcohol, drugs and cigarettes constitutes cooperating in sin and transgression, and 85
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working in alcohol factories also constitutes cooperating in sin and transgression. And Allaah says (interpretation of the meaning): “O you who believe! Intoxicants (all kinds of alcoholic drinks), and gambling, and Al Ansaab [stone altars for sacrifices to idols, etc.], and Al Azlaam (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 As Salaah (the prayer). So, will you not then abstain?” [al-Maa’idah 5:90] It was narrated in a saheeh report that the Messenger of Allaah (peace and blessings of Allaah be upon him) cursed alcohol, the one who drinks it, the one who pours it, the one who extracts the juice, the one for whom it is extracted, the one who carries it, the one to whom it is carried, the one who sells it, the one who buys it and the one who consumes its price. And it was also narrated in a saheeh report that he (peace and blessings of Allaah be upon him) said: “Allaah has made a covenant that whoever dies drinking alcohol, He will give him to drink of the mud of khibaal.” He was asked, “O Messenger of Allaah, what is the mud of khibaal?” He said, “The juice of the people of Hell” or “the sweat of the people of Hell.” With regard to the ruling, the one who does this is a sinner and an evildoer by so doing; he is lacking in faith and on the Day of Resurrection he will be subject to the will of Allaah. If He wills, He will forgive him and if He wills, He will punish him, if he dies before he repents. This is 86
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according to the Ahl al-Sunnah wa’l-Jamaa’ah, because Allaah says (interpretation of the meaning): “Verily, Allaah forgives not that partners should be set up with Him (in worship), but He forgives except that (anything else) to whom He wills” [al-Nisaa’ 4:48] This ruling applies if he does not regard that as being permissible. If he does regard it as being permissible then he is a kaafir by doing so, and if he dies he should not be washed or the funeral (janaazah) prayer offered for him, according to all the scholars, because by doing that he is disbelieving in Allaah and His Messenger (peace and blessings of Allaah be upon him). The same ruling applies to one who regards as permissible zina (adultery), sodomy, riba (usury) and other things which are unanimously agreed to be haraam, such as disobeying one’s parents, severing ties of kinship or killing a soul unlawfully. But if a person does that or some of that knowing that it is haraam, and knowing that he is disobeying Allaah, then he is not a kaafir; rather he is an evildoer who will be subject to the will of Allaah in the Hereafter if he does not repent before he dies, as stated above concerning the ruling on one who drinks alcohol. And Allaah is the Source of strength. Majmoo’ Fataawa wa Maqaalaat Mutanawwi’ah li Samaahat al-Shaykh al-‘Allaamah ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz (may Allaah have mercy on him), vol. 4, p. 433 (www.islam-qa.com) 11349: He has been offered a job in a bank that deals in riba (interest) Question: I am working in a software development house. Recently 87
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I was offered by the company to go to XXX for on a one year contract. I showed my willingness to them. But after few days I was told that I will have to work for XXX Bank. I know its Haram to work for an interest based organization like a bank. Someone told me that in XXX there are some banks that do Islamic banking. I dont have much information about the bank. I have submitted some queries at some places but so far I havent received any reply. Can you please advise me whether I should work for XXX Bank or not as most probably they would be dealing with Interest based banking and I will be helping them in their job. Answer: Praise be to Allaah. Yes, it is as you say. The bank you mention does deal in riba (interest). We advise you to keep away from working there. We ask Allaah to give you strength and to help us and you adhere steadfastly to His religion. Shaykh Sa’d al-Humayd. (www.islam-qa.com) 8196: Taking payment for shaving beards is haraam Question: Some owners of salons and barber-shops shave some people’s beards. What is the ruling on the money which they take for that work? Answer: Praise be to Allaah. 88
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Shaving and cutting the beard is haraam and is an obvious evil. It is not permissible for the Muslim to do this or to help others to do it. Taking money for that is haraam and is ill-gotten gains. Whoever does that must repent to Allaah from it and not go back to doing it. He must give away in charity whatever he has earned from that, if he already knew about the ruling of Allaah which forbids shaving the beard. But if he was ignorant of that ruling, then there is no blame on him with regard to what is past, and he has to beware of doing it again in the future, 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; 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] In al-Saheehayn it is narrated from Ibn ‘Umar (may Allaah be pleased with them both) that the Prophet (peace and blessings of Allaah be upon him) said: “Cut the moustache and let the beard grow; be different from the mushrikeen.” In Saheeh al-Bukhaari it is narrated that the Prophet (peace and blessings of Allaah be upon him) said: “Cut the moustache and leave the beard alone; be different from the mushrikeen.” And in Saheeh Muslim it is narrated from Abu Hurayrah (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “Trim the moustache and let the beard grow; be different from the Magians (Zoroastrians).” It is obligatory upon every Muslim man to obey the command of Allaah to leave his beard alone and let it grow, and to cut and trim the moustache. The Muslim should not be deceived by the large numbers of people who go against this Sunnah and openly disobey their Lord. We ask Allaah to help the Muslims to do all that is pleasing to Him, and to help them to obey Him and His Messenger 89
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(peace and blessings of Allaah be upon him). May He bless those who have gone against the command of Allaah and His Messenger (peace and blessings of Allaah be upon him) with sincere repentance to their Lord and make them hasten to obey Him and comply with His commands and the commands of His Messenger (peace and blessings of Allaah be upon him), for He is the All-Hearing, EverResponsive. Majmoo’ Fataawa wa Maqaalaat Mutanawwi’ah li Samaahat al-Shaykh al-‘Allaamah ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him), vol. 8, p. 372 (www.islam-qa.com) 10398: A taxi driver takes some people to haraam places Question: My question to you is that i am a student living in australia i also drive cabs part time i want to ask you brother that some times we have to leave passengers to bars,clubs,pubs,and some times to brothels and some times we have to pick them up also when we get a job from there is it haraam to do so? because we do not tell them to go there and we cannot refuse to take them if they ask us to take them there because of the taxi cab laws as you would know people catch cabs in the western world when they are going to drink or come back from home.what should the muslim cab drivers do so in this situation? Answer: Praise be to Allaah. Undoubtedly this is considered to be co-operating in sin 90
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and transgression. We advise you not to take these people to brothels, places or corruption and bars. You will find other people. This applies whether you are taking them from these places or to them. Whoever fears Allaah and keeps his duty towards Him (taqwa), Allaah will grant him a way out, so look for other passengers from other places. If it so happens that you take on these passengers and you did not know that this is where they were headed, then we do not say that the fare is haraam for you, because it is compensation for your efforts, or for the use of your car. Shaykh ‘Abd-Allaah ibn Jibreen. If you think that you are obliged to so something haraam in your work, then look for other work. We ask Allaah to make your provision halaal. May Allaah bless our Prophet Muhammad Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 11789: Should he fix a computer in which there are naked pictures? Question: He says: we work in a computer workshop fixing equipment. A machine was brought to us to be fixed, and we discovered that it is full of naked pictures. Should we refuse to fix it, or should we fix the computer, erase the pictures and advise the person? Answer: We put this question to our Shaykh, Muhammad ibn 91
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Saalih al-‘Uthyameen (may Allaah preserve him), who answered as follows: I think you should tell the person, we will not fix it – because if you fix it and erase the pictures, he will only put new ones in it. So do not fix it. And Allaah knows best. Shaykh Muhammad ibn Saalih al-‘Uthyameen (www.islam-qa.com) 11517: Making a program which will be used for halaal and haraam Question:
I want to design a web-site for a company, or make a computer program for them. I know that some of the things that this company does are halaal, and some are haraam. Is it permissible for me to do this, knowing that I myself will not be directly involved in doing the haraam things? All I will be doing is preparing the program or designing the web-site, which they will use in their work. Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who replied as follows: If most of the work which this company does is haraam, then it is not permissible for him to do that. If most of what they do is permitted, then it is permissible for him to do it. If they (haraam and halaal elements) are the same, 92
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then he should not do it, on the assumption that what is haraam will outweigh what is halaal. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 7489: He has been an attractive job offer in the field of developing new kinds of pig meat Question: I am offered a job in a company with very good benefits. My part is to do research with pig embryos in the company’s laboratory. The ultimate objective of my research is to improve the production and genetic quality of pigs (i.e. more pigs with good meat characteristics) to the market for human food consumption. In other words, the source of my salary comes from the consumption of pig meat (pork) which is haram. My question is: Is this money halal and I can take the job, or should I decline it? I apreciate your quick response to give my word. Jazakumu Allahu Khairun. Answer: Praise be to Allaah. The meat of pigs is haraam for the Muslim because 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 93
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flesh of swine (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). But whosoever is forced by necessity without wilful disobedience, nor transgressing due limits; (for him) certainly, your Lord is OftForgiving, Most Merciful.’” [al-An’aam 6:145] Buying it and selling it are also forbidden. It was reported from Jaabir ibn ‘Abd-Allaah (may Allaah be pleased with them both) that he heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say during the year of the Conquest [of Makkah] 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 of dead animals, which is daubed on ships and animal skins, and which people use 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 the fat (of dead animals) for them, they melted it then they sold it and consumed its price.” (Narrated by al-Bukhaari, 2121; Muslim, 1581). When Allaah forbids a thing, He forbids its price. Similarly, the means to something haraam is also haraam; the means comes under the same rulings as the end. It is not permissible for a Muslim to help evildoers in their evil. He is obliged as much as possible to come between them and their evil, and try to prevent them from doing that, not to improve the haraam thing and help to develop it. Would you like to be the means of improving and making haraam things attractive and encouraging people to do 94
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them, so that you are helping to spread them further? I think you would reply: I do not want for myself anything that my Creator would not be pleased with, I will not work for falsehood, no matter what they pay me. Provision is in the hand of Allaah, so you must look for other, permissible, work. We ask Allaah to give you sufficient from what He has permitted so there will be no need of that which He has forbidden. May He make us independent by His bounty so that we will have no need of anything else. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 7432: Ruling on growing tobacco Question: What is the ruling in Islam on growing tobacco and on the money which the fellaheen earn from selling it? Answer: Praise be to Allaah. It is not permissible to grow tobacco, or to sell it or use it, because it is haraam for several reasons, because it is very harmful to the health, because it is filthy and evil (khabeeth), and because there is no benefit in it. Muslims have to give it up and keep away from it, and not grow it or deal in it, because when Allaah forbids a thing, He forbids its price. And Allaah knows best. From Fataawaa al-Lajnah al-Daa’imah, 13/62. (www.islam-qa.com) 95
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3149: He works in a factory that makes tight and short clothes for women Question: He works in a factory that makes tight and short clothes for women. Is it permissible for him to work there, or does he have a share in the burden of sin? Answer: Praise be to Allaah. We put the following question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen: He replied (may Allaah preserve him): It is haraam for him, because he is cooperating in sin and transgression. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 681: Working in restaurants where wine is served Question: What is the ruling on one who works in a restaurant where haraam drinks are sold, but he avoids preparing or carrying these drinks to customers, but he continues to serve the customers if they ask for food and drinks which are not haraam? Taking into account the fact that I pass by people who are drinking them and I see those who are serving 96
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them, as it is one place. What is the ruling on the Muslim who deals in them for the purpose of attracting customers? What is the ruling on serving pork to customers when working in that restaurant, as a service and work for the purpose of earning a living? What is the ruling on the owner of a restaurant who has pork and earns money from it? Answer: Praise be to Allaah. Firstly: it is haraam to work and earn a living by helping people to consume haraam things such as alcohol and pork. The payment for that is haraam, because this is a kind of cooperating in sin and transgression, and Allaah prohibited that when He said (interpretation of the meaning): “…but do not help one another in sin and transgression…” [al-Maa’idah 5:2] We advise you to keep away from working in this and similar restaurants, because this will keep you from helping in anything that Allaah has forbidden. Secondly: it is forbidden for a Muslim to sell haraam things such as pork and alcohol. It was reported that the Prophet (peace and blessings of Allaah be upon him) said: “When Allaah forbids a thing, He also forbids its price.” Provision and the attraction of customers are things that are in the hand of Allaah, and they are not to be found in selling haraam things. The Muslim must fear Allaah and follow His commands and heed His prohibitions. “And whosoever fears Allaah and keeps his duty to Him, 97
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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 – interpretation of the meaning] Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 8797: Working in the army of a country in which there are munkaraat (haraam deeds) Question: Please tell me about the ruling on one who works for the army, which is the source of his provision, but the military system and laws oblige him to shave his beard and some of them have to respect others, as the foreigners do. We have to greet others in a manner different from that enjoined upon us by Allaah and His Messenger, we have to salute the flag and we are governed by and have to refer differences amongst ourselves to laws other than those of Allaah (military law). If I fight to defend my country, but it is not under the banner of Laa ilaah illAllaah Muhammad Rasool Allaah [There is no god but Allaah, Muhammad is the Messenger of Allaah], and by the will of Allaah I am killed, what is the ruling on me according to the Qur’aan and Sunnah? Can I fight with an intention that is different to that of the army in whose ranks I am fighting? If I do the things mentioned above so as to avoid any negative consequences, am I sinning by doing that? Can a Muslim work in the army with the intention of learning fighting skills which he cannot learn anywhere else under current circumstances? 98
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Please tell me about obedience to parents in this matter, when points of view differ in a case where the parents do not follow the Qur’aan and Sunnah, but they follow the traditions of society and whatever people are agreed upon. They think that religion is just prayer and fasting, and that anything beyond that is extremism. May Allaah help you to do that which pleases Him, correct your mistakes and protect you. Answer: Praise be to Allaah. Firstly: it is haraam to shave the beard; it is obligatory (waajib) to leave it to grow. Secondly: it is not permissible to salute the flag. Thirdly: it is obligatory (waajib) to govern by the sharee’ah of Islam, and to refer to it for judgement. It is not permissible for a Muslim to greet colleagues or superiors with the greeting of the foreigners, because of the reports which state that it is forbidden to imitate them and because this represents exaggerated respect for them. Fourthly: Whoever fights to make the word of Allaah supreme and to protect the Muslims and their lands from the enemy, is fighting for the sake of Allaah, and if he is killed he is a shaheed (martyr). What counts is the aim and intention. You can have an intention which is different from the intention of the army, such as intending to make the word of Allaah supreme in your jihaad (so long as it is permissible, according to sharee’ah, to fight the group against whom you are fighting), even if others have different intentions, such as fighting for their country. Fifthly: it is obligatory (waajib) to obey your parents so long as this does not entail disobeying Allaah, because 99
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there should be no obedience to any created being if it involves disobedience of the Creator. And Allaah is the source of strength. May Allaah bless our Prophet Muhammad and his family and companions, and grant them peace. Fataawaa al-Lajnah al-Daa’imah, 12/22 (www.islam-qa.com) 3659: Travelling to the land of the kuffaar to seek knowledge, and helping the kuffaar to make software Question: I have seen alot of the questions that you have answered and I have come to trust your opinion in complex matters such as which face the Ummah at this time.May Allah bestow His Mercy on you for helping the muslims by your knowledge. (Amen) My question is whether it is permissible for a muslim to travel in a land of the kuffar for the purpose of gaining worldly knowledge.Also is it allowed for us to help the kuffar in making software,that they may use for military purposes.eventhough they may be a peace with us?Is the money that we get from such jobs halal or haram?Please answer this question for me as I am a student and very disturbed about whether what i am doing is right or wrong.I have talked with of my friends and they say that it is halal because what they do with our software is non of our concern and we are only doing our work and getting paid what we cannot imagine in any muslim country. Dear shiekh please help me out,May Allah enter you in Paradise for all the good work you are doing.(Amen) 100
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Answer: Praise be to Allaah. If it is worldly knowledge that is beneficial to the Muslims, and it cannot be learned in a Muslim country, then it is OK to go to the kaafir countries, on the condition that the person is religiously committed and knowledgeable enough to be safe from desires and doubts. It is not permissible for us to help the enemies of Allaah with programs that may cause harm to the Muslims and give the kuffaar more power. Allaah says (interpretation of the meaning): “Help you one another in Al-Birr and At-Taqwa (virtue, righteousness and piety); but do not help one another in sin and transgression” [al-Maa’idah 5:2] This applies whether the harm is something that may happen in the future, which is the situation when there is peace, or is something that may happen immediately, as in the case of kuffaar who are in a state of war with the Muslims. The means of earning a halaal income are many, and whoever gives up something for the sake of Allaah, Allaah will compensate him with something better. Written by: Ibn Jibreen. (www.islam-qa.com) 5237: Working in an institute teaching interest-based financial courses Question: What is the Islamic ruling on working as a secretary in an institute that teaches financial courses, i.e., an institute which teaches bank employees only about matters 101
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pertaining to bank administration, knowing that the institute’s income comes from riba-based banks in exchange for training their employees? Answer: Praise be to Allaah. Allaah says (interpretation of the meaning): “Help you one another in Al-Birr and At-Taqwa (virtue, righteousness and piety); but do not help one another in sin and transgression” [al-Maa’idah 5:2]. Your working in this institute is clearly helping them to continue engaging in riba, which is something that is forbidden not only in Islam but in all religious laws revealed to other Prophets. The Prophet (peace and blessings of Allaah be upon him) said: “Allaah has cursed the one who consumes riba, the one who gives riba, the one who writes it down and the one who witnesses it.” He said: “They are all the same.” (Narrated by Muslim). So you have to look for a new job. The Prophet (peace and blessings of Allaah be upon him) said: “You never give up anything out of fear of Allaah, but Allaah will give you something better than that.” (Narrated by Ahmad). And 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.” [al-Talaaq 65:2-3] And Allaah knows best.
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Reference: Masaa’il wa Rasaa’il, Muhammah alMahmood al-Najdi, p. 30 (www.islam-qa.com) 5334: Ruling on working as an accountant in a company calculating the amount of riba, and he may not be able to find any other work Question: If an accountant who works in a company, dealing with its budgets etc., refuses to write down or record riba (interest), they will throw him out and jobs are hard to find. Can this in any way be regarded as being forced to do something, or does he have to leave that job? Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who replied as follows: No, that is not a kind of being forced to do something. Question: You mean that the threat of being sacked is not a kind of being forced? Answer: It is not a kind of being forced, because this is not the only kind of work that Allaah created.
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Question: But from people’s experience, a man may look for work for a year or two years, with debts piling up all the time, and never finding any work in all that time. Could this be a reason for adopting a lenient attitude and allowing people to take this kind of work? Answer: No, this is not an excuse, because if it were, we could say that the poor man who needs money to build a house or get married would be allowed to deal with riba (and this is not the case). And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 5008: Working on programs which do the accounts for a company and include riba Question: A person is working as a computer programmer, and the computer programs on which he works keep stock of what the company has in its warehouses, how much has been sold, how much is left. They also keep track of maintenance, sales, employees’ salaries, etc. This program also calculates the interest on deposits held by this company, but the ratio of haraam work to permissible work dealt with by the program is very little, no more than 5%. This person works with the entire program and cannot work only on one part and ignore the other part. Is it permissible for him to work on this program or not? 104
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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 replied as follows: It is not permissible to work for this company unless he puts the condition that he will not have to deal with riba, meaning that he should not record anything having to do with riba. Question: This computer program runs calculations by pressing buttons, so the accounts for all budgets are done by pressing buttons. They are not recorded on paper, for example, so that he could record this and not record that. Everything is done by pressing buttons, including those that involve riba. It is not possible to separate between them. Answer: To be on the safe side, he should not work there, and Allaah will send his provision. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 3481: Salary for work obtained through false certification Question: What is the ruling on the salary for work which was obtained through use of false certification of experience, 105
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then the person learned to do the job well. At first he was employed on the basis of false certification, but after six months he started to do the job as well as anyone who has the proper qualifications, so what is the ruling on the salary received after he started to do well? Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, with whom the following conversation took place: Shaykh: “I think that he should sit a test, unless he cheated in a matter that has nothing to do with his work.” Question: “Say this is a high-school student who falsified a degree certificate – four years’ study…?” Shaykh: “What counts here is the last year in which the certificate is granted, so if we think that he cheated at every stage except the last, that is sufficient.” - : “Meaning four years, then he did not cheat in the last semester?” Shaykh: “Yes, the semester in which he was given the certificate.” - : “But if the whole certificate – as he says in the question – was false, i.e., he didn’t study at university at all, or he majored in a different subject? For example, a person studied business and produced a false certificate in computers, and he did the work well – as stated in the question – he did the work well after that. So he did not cheat in the last semester but he did not study this specialty at all…” 106
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Shaykh: “This is not permissible, but now – so long as he is doing his work well – he has to sit a test.” - : “Of course the company has nothing to do with the university. Do you mean that he should leave his job?” Shaykh: “He should leave his job, or if he is ready now he should sit a test, or if the company does not care whether he is a university graduate or not, he should still sit a test in the relevant subject.” - : “So he should say to the company, ‘Give me a test’?” Shaykh: “Yes, he can say, ‘I want to be sure of my abilities, can you arrange for me to sit a test?’” - : “And not a university exam.” Shaykh: “If they do not care if he is a university graduate or not.” - : “But they originally set the condition that the job was for a university graduate who has a certificate in computers.” Shaykh: “This means that there are two conditions, that he should be a university graduate and that he should have experience in computers. This means that he has to get a university degree.” - : “So he has to tell them, ‘I falsified my certificate. Either accept me now that I know the job well, or I shall leave.’ In other words, he has to tell them the truth.” Shaykh: “Yes.” And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 107
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3478: Muslim working as a doctor in the kaafir army Question: What is the ruling on working as a doctor in the army of the kuffaar who are not in a state of war with the Muslims? Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, with whom we had a conversation which is summarized below: Shaykh: “Is this so that he may gain experience, or what?” - “He is a doctor who is treating their sick, but they are not in a state of war.” Shaykh: “And they are not at war with the Muslims?” - “It is possible that they may be at war with the Muslims in the future.” Shaykh: “We do not give the future precedence over the present (i.e., we do not count on that or take it into consideration).” - “This questioner says, ‘I work in a place where the soldiers are not fighting the Muslims. But it is possible that some of the army may be fighting them in other places, and it is possible that we may be involved in such fighting in the future, but the military bases where I work now are not involved in fighting against the Muslims.’” Shaykh: “But is this nation (in which this army is) one of those who are fighting the Muslims?” 108
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- “The questioner is working for the American army, he is a Muslim working in America.” Shaykh: “Allaah, may He be glorified and exalted, says (interpretation of the meaning): ‘Allaah does not forbid you to deal justly and kindly with those who fought not against you on account of religion and did not drive you out of your homes. Verily, Allaah loves those who deal with equity.’ [al-Mumtahinah 60:8].” - “And what if they are not driving us out of our homes, but they are helping others to do so, as mentioned in the next aayah?” Shaykh: “ ‘It is only as regards those who fought you on account of religion, and have driven you out of your homes, and helped to drive you out, that Allaah forbids you to befriend them…’ [al-Mumtahinah 60:9 – interpretation of the meaning].” - “So if it is clear to him that these people are helping to drive us out of our homes, for example, would working for them for a salary come under the just and kind treatment mentioned in the aayah?” Shaykh: “No doubt it does come under that heading.” - “Even if you are working for money and not as a volunteer?” Shaykh: “Yes, but they are benefitting from it.” - “So how may we sum up your answer?” Shaykh: “This is not permissible unless the nation in whose army he is working is not fighting the Muslims.” - “And not driving them out of their homes or helping others to do so?”
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Shaykh: “Yes.” And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 3243: Earnings of one who makes images Question: please tell me if it is halal to have a job where the nonmuslim customers often come in and ask me to copy and manipulate images for them (i.e pictures of people and animals sometimes)? i am working this job assuming it to be halal until you tell me otherwise (or anyone tells me with daleel). and if you tell me to quit, would i be able to keep the job until i could find a replacement? Answer: Praise be to Allaah. In Fataawa al-Lajnah al-Daa’imah li’l-Buhooth al‘Ilmiyyah wa’l-Iftaa, it says the following: “Making images of animate beings is haraam and earnings from doing this are haraam.” When Allaah forbids a thing, He also forbids its price. Making images of animate beings is forbidden, as it was reported in the saheeh evidence. Therefore earnings from doing this are unclean and it is not permissible to consume them. An exception is made in the case of images that are necessary, such as photos for ID documents and photos used to track down criminals and so on. It is permissible 110
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to make these images and receive payment for doing so. The one who is asking this question could work only with pictures of things that are not animate, or he can try to look for another job. Whoever gives up a thing for the sake of Allaah, Allaah will compensate him with something better. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 4029: Work that involves protecting programs containing objectionable material Question: Some computer programs that are in the memory of a computer and then loaded onto disks and the like. Another program may be added to the disks to protect the contents, so that no one can copy the original program. My job has to do with these protection programs, working for companies or program owners. Among the programs I deal with are some that contain music or that belong to followers of bid’ah. If I produce programs to protect this material, as far as I can see, I am reducing the number of copies available, because then no one can make copies and they have to buy original versions. Is my work to protect these programs that contain objectionable material halaal or haraam? Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih
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al-‘Uthaymeen, may Allaah preserve him, who answered as follows: “This is not haraam, and indeed it may be waajib (obligatory), because it is reducing the availability of these things.” Question: On that basis, is it permissible for him to accept payment for this? Answer: “Yes.” Question: “But the owner of the programs could go to someone else to get the protection of these programs.” Answer (paraphrased): “This has nothing to do with anyone else. It’s OK if he does this work of making these protection programs.” Question: And he can accept payment for it? Answer: “He can accept payment for it. And Allaah knows best..”
Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
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3609: Taxi driver taking passengers to forbidden places Question: Assalaamu ‘Alaykum A brother is a taxi driver and faces some difficulties for which he requires sincere advice. He says that often times a passenger will get in the vehicle and after a portion of the journey asks him to stop at the liquor store so he can pick up his booze. Also, some people may require him to take them to very undesirable places such as night clubs or places of that sort. Is it permissible to do a job that requires such things? Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen: one of our brothers in Canada is working as a taxi driver, and says that often, after taking on a passenger and commencing the journey, the passenger asks him to stop near a liquor store so that he can buy something from there. Some passengers also ask him to take them to places such as nightclubs. Is it permissible for him to work in this occupation or to accept these fares? The shaykh, may Allaah preserve him, replied as follows: No, it is not permissible for him to stop at the liquor store for his passenger to buy some, and it is not permissible for him to take anyone to forbidden clubs, because 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]. And Allaah knows best. 113
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Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 1190: Ruling on shaving another man’s beard Question: I am a committed Muslim and I have a beard. I own a barber shop for men. This is my profession, and it means that I shave my customers’ beards and use dryers to style their hair. What is the Islamic ruling on this? Answer: Praise be to Allaah. It is forbidden for a Muslim to shave his own beard because of the saheeh reports that indicate that this is forbidden. It is also forbidden for another man to shave a person’s beard, because this entails cooperating in sin, which is forbidden in the aayah (interpretation of the meaning): “… do not help one another in sin and transgression…” [al-Maa’idah 5:2] It is permissible for you to comb and style men’s hair, and apply oils and perfume to it, but it is not permissible for you to do this for women, except for those who are your mahrams (close relatives to whom marriage is forbidden). Fataawa al-Lajnah al-Daa’imah, 5/145 (www.islam-qa.com)
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2834: Working as a systems engineer in a riba-based bank Question: Assalam Allaikum, My husband to be is getting a job in the computer department of a bank in XXXXX as a System engineer. I wanted to know will it be alright to accept this job. I’m very upset if this will be a ‘Halal’ earning or not. Please do reply me. Answer: Praise be to Allaah. If the bank you mention is based on riba (interest, usury), then it is not permitted to work in it, because of the hadeeth narrated by Jaabir, who said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) cursed the one who consumes riba, the one who gives it, the one who writes it down and the ones who witness it. He said: ‘They are all the same.’” (Reported by Muslim in his Saheeh, 2995). We ask Allaah to compensate you with something better. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 2216: Should he give up the idea of specializing in Pharmacy for fear of selling haraam products in the future? Question: Assalamu Alaikum.
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I’m a Biology major student, and am thinking about being a Pharmacist. However, I thought about the limitation in practicing pharmacy as a muslim because a pharmacist sells drugs that might contain alcohol in it or the drug itself (for example, contraceptive pills or others) might be doubtful. In such a situation, I would like to know which will be better for me: continue or quitting? May Allah reward you. Answer: Praise be to Allaah. Now is the appropriate time for you to be thinking of your future, for this will lead you to take decisive action from now. If you know for sure that you can avoid selling everything that is forbidden in sharee’ah, then there is nothing wrong with continuing your studies. But if you know that you will not be able to avoid it, or you believe it is more likely that you will be too weak to avoid it, then you should change to another specialty from now, so that you will be able to practice a profession that will be acceptable to Allaah. Alternatively, if you see that there are impediments to practicing your specialty due to the involvement of forbidden items, you could take the initiative and commitment to finding permissible alternatives, whether natural or synthetic, to the forbidden items. The important thing is to ensure you will not put yourself in a position where you are involved in the sale, receiving, or giving of items that are haraam. Some of the issues having to do with medicine need to be contemplated; for example, if a medicine contains alcohol and would intoxicate a person if a large amount was drunk (i.e. of the medicine itself), then it is haraam; otherwise it is not haraam. Similarly there are questions surrounding the impurities that form the ingredients of some 116
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medicines: is the structure of the impure substance changed in totality when it is mixed with the other ingredients, or does it remain the same? Surely you are not unaware that there are medicines taken from the urine of pregnant women, or blood, or from body parts removed from humans, such as placentas, to which the rulings concerning dead meat apply. The rulings governing all of these things need to be investigated, and consequently the rulings regarding their sale; the matter needs to be studied both from the point of view of Islamic Sharee’ah and of chemical analysis. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 866: Working in a riba-based (interest-based) bank Question: Aslamoaliakum. I have been offered a job at a Bank, and I am not sure whether I should work there or not, because the bank makes money from interest (Riba). Please tell me whether working there is allowed (Jaaiz), or not. jazaakum-Allah-khair. Answer: Praise be to Allaah. You will find the answer in the hadeeth of Jaabir, may Allaah be pleased with him, who said: “The Messenger 117
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of Allaah cursed the one who consumes riba (interest or usury), the one who gives it, the one who writes it down and the one who witnesses it. He said: ‘All of them are equal in sin.’” (Reported by Muslim, may Allaah have mercy on him, in his Saheeh, no. 1598) Commenting on this hadeeth, al-Nawawi, may Allaah have mercy on him, said: This is clearly a prohibition of the writing down or witnessing of a contract between the two parties involved in a riba-based deal. It also includes a prohibition of helping others to commit wrong acts. And Allaah knows best. It is inevitable that the employee in a riba-based bank will play a part in riba dealings one way or another, even if he is just a security guard. Maybe Allaah will help you, my brother, if you are patient, to find halaal employment. (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).” [al-Talaaq 65:2] Shaykh al-Barraak (www.islam-qa.com) 1883: Working in a store which sells pork pizza Question: I just completed my master in computer scince and am now looking for a job. My Question is that during my study and now I am working in a pizza store as a delivery person which is owned by a ‘Qadiani’, and he is selling pork pizza. Can I work in his store because most of the pizza orders are pork pizza? Answer: Praise be to Allaah. 118
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It is not permissible for you to do work which involves carrying pork and delivering it to the people who are going to eat it. Because by doing so you are taking part and cooperating in sin. 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] We ask Allaah to help you find acceptable work and a halaal income, for He is the All-Hearing Who answers prayers. ”… And 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…” [al-Talaaq 65:2] Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 1073: Developing Computer Programs for Banks based on Interest Question: I am a software developer by profession. My question is whether I could develop software for a bank which deals in ribaa (interest). Answer: It is not permitted, because Allah has forbidden it in the aayah (interpretation of the meaning): ”. . . but do not help one another in sin and transgression. . .” [al-Maa’idah 5:2] 119
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There is no doubt that by doing this work you are making it easy for the bank to deal in the haraam matter of ribaa using the programs that you have developed. May Allah help us and you to do the things that will please Him, and keep us away from the things that will earn His wrath. May Allah bless our Prophet Muhammad. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 1052: Muslim working in law enforcement in a non-Islamic country Question: I have a question regarding the permissibility of becoming a law enforcement officer in this country that does no follow sharee ‘ah. Is it haraam to be enforcing laws that have not been developed by our Creator Allaah and His holy Prophets (upon whom be peace)? Even if it means enforcing laws on non-Muslims? Partciluarly, is it permissible to enforce a law like punishing someone for speeding on the highway? What about allowing someone to drink alcohol if he is over 21 but not if he is under 21? Even though this is not Islamic, should a Muslim allow such behaviour among nonMuslims? Of course, Muslims will be accountable for these haraam actions in the Hereafter, but is it okay to let non-Muslims do this? Answer: Praise be to Allah. If a Muslim is able, through such work, to fight evil and 120
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oppression, or to prevent or reduce it by using the existing laws which may contain something of justice and decency, then it is permissible if his intention is to seek the pleasure of Allah. He may do this work even if it involves preventing only some people - but not all - from getting drunk, for example. But if it involves enforcing laws that are unjust to people - whether they are Muslim or not - or enforcing something that goes against the Sharee’ah, like preventing people from wearing hijaab or praying, or giving some kind of protection to criminals, and so on, then this is not permitted at all. The wise and clever Muslim knows from experience to what extent his work is in accordance with the Sharee’ah that is based on the common good and on preventing corruption. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 782: Selling greeting cards for Christian holidays Question: At work - I am a cashier, and there are Christmas cards with shirk on them “Jesus is God - and Loves You” etc... If a customer brings these to me, and I ring him up and put the money in the register - am I a kaafir? I hate the shirk, ......., ......, am I a kaafir? Answer: Al-hamdu lillaah 121
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As long as you are a true believer, who believes in the oneness of Allah, the Most Gracious, and who has not committed any act that would expel you from the religion of Islam, and as long as you hate ! shirk and (the blasphemy of) Christianity, then you are a Muslim and not a kaafir. However, you must realize that it is unacceptable for a Muslim to aid or abet the kuffaar (nonbelievers) by any means or medium relating to the celebration of their holiday occasions. This would encompass selling items that are used in their celebrations. Sheikh ul-Islam Ahmad ibn Abdul-Haleem ibn Taymiya (may Allaah have mercy upon him) in his classic and monumental book entitled Iqtidaa’ Al-Siraat AlMustaqeem Mukhalafat As-haab Al-Jaheem (In Pursuit of the Straight Path by Contradicting the People of the Hellfire) said: “As for a Muslim selling to them (the non-believers) items that they use to celebrate their holiday occasions, such as food, clothes, perfumes, etc., or offering such items as gifts, is a way of helping them celebrate their “unlawful” holidays. This idea is based on the fundamental principle that states that it is unacceptable (for a Muslim) to sell the kuffaar grapes or juice which they will use to produce wine or alcoholic beverages. By the same token it is also unacceptable (for a Muslim) to sell them weapons that will be used to fight Muslims. He then presented an argument presented by Abdul-Malik bin Habeeb (among the scholars of Al Malakiyya madhhab) in which he said “Do!n’t you see that it is forbidden for a Muslim to sell Christians any item that benefits or concerns their holidays? Not meat, nor food (eaten with bread), nor clothes, nor should they even be lent an animal (to ride on). They should not be helped in any way that relates to their holidays because this would be considered a form of glorifying their shirk (blasphemy) and 122
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supporting them in their apostasy and disbelief….” AlIqtidaa’ p. 229, 23, Dar Al-Ma’rifah printing, tahqeeq (verified and edited by) Al-Faqiy. We ask Allaah to help you be firmly established on the truth, and to ward you away from wrong and falsehood, and to provide you with good and righteous means of living. May the peace and blessings of Allaah be upon our Prophet Muhammad .Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 164: Not permissible to sell alcohol to non-Muslims Question: Assalaam Aleikum,Is it sinful to buy liqor or other Alcoholic drinks to non muslims? As for myself I have never even tested alcohol and would discourage other muslims from doing so. Answer: al-hamdu lillaah. It is not permissible for a Muslim to sell wine (or any other intoxicating substance) to non-Muslims, because the Prophet (peace be upon him) said: “Verily when Allaah forbids something, he forbids its price” (i.e. forbids earning money from it). The Prophet also cursed ten types of people relating to the issue of wine, 123
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among them the one who sells it. In addition, selling it would be assisting and abetting people in sin and transgression, and Allaah the Almighty has said (interpretation of the meaning): ...and do not aid and abet one another in sin and transgression. (al-Maa’ida 5:2) It is incumbent upon you to advise those who have fallen into this evil among the Muslims, that he should repent to Allah the Most Glorified and desist this practice. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
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Chapter 3 Transactions Employment for a Salary: Women’s Work 39799: He owns an café in which men and women mix Question: A man owns a high-quality café which has a mixed clientele of men and women. He feels uneasy because of this mixing and fears that the income from this café may come under the heading of things which are forbidden or are doubtful and therefore disallowed in sharee’ah, even though he has told his employees not to sell anything that is forbidden in sharee’ah, such as cigarettes, and he has forbidden his customers to do anything that goes against Islamic etiquette. We would like you to please shed some light on this issue by quoting some verses of Qur’aan and ahaadeeth of the Prophet (peace and blessings of Allaah be upon him), so that we may find some peace of mind and avoid falling into sin, and we may meet our Lord when He is pleased with us. We hope that the answer will be detailed. Answer: Praise be to Allaah. The owner of this café has done well by refusing to sell forbidden substances in his café, such as refusing to sell cigarettes and refusing to allow people to do things that 125
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go against Islamic etiquette. May Allaah reward him with good. But it remains for him to forbid mixing, because of the evil and temptation that it involves. The Qur’aan and Sunnah indicate that mixing is haraam. For example: Allaah says (interpretation of the meaning): “And when you ask (his wives) for anything you want, ask them from behind a screen, that is purer for your hearts and for their hearts” [al-Ahzaab 33:53] Ibn Katheer (may Allaah have mercy on him) said, commenting on this verse: i.e., just as it is forbidden for you to enter upon them, it is also forbidden for you to look at them at all; even if one of you has a need to ask them for anything, he should not look at them or ask of them except from behind a screen. Al-Qurtubi (may Allaah have mercy on him) said: This verse indicates that Allaah has given permission to ask of them from behind a screen in the case of necessity, or when consulting them about some matter. This meaning includes all women, because the basic principle of sharee’ah is that the whole of a woman is ‘awrah. And Allaah says (interpretation of the meaning): “O wives of the Prophet! You are not like any other women. If you keep your duty (to Allaah), then be not soft in speech, lest he in whose heart is a disease (of hypocrisy, or evil desire for adultery) should be moved with desire, but speak in an honourable manner” [al-Ahzaab 33:32] If there is this warning against being soft of speech lest 126
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the one in whose heart is a disease be moved with desire, then what about men sitting with women who are clothed yet naked, who go astray and lead others astray, chatting and laughing together, and looking at one another? What fitnah can be greater than that? What heart can remain free of sickness when this is the case? The Prophet (peace and blessings of Allaah be upon him) took care to prevent men mixing with women even in the dearest spots on earth to Allaah, namely the mosques, when he separated the rows of men and women, and he stayed for a while after saying the salaam so that the women could depart, and he designated a door of the mosque specifically for women. The evidence for that is as flows: 1 – It was narrated that Umm Salamah (may Allaah be pleased with her) said: When the Messenger of Allaah (peace and blessings of Allaah be upon him) had said the salaam, the women would get up and leave when they had said the salaam, and he would stay for a while before getting up to leave. Ibn Shihaab said: I think – and Allaah knows best – that he stayed a while so that the women could disperse before the men got up to leave. Narrated by al-Bukhaari, no. 793. 2 – It was narrated that Ibn ‘Umar (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Why don’t we leave this door for the women?” Naafi’ said: Ibn ‘Umar never entered through that door until he died. Narrated by Abu Dawood, 462; classed as saheeh by al-Albaani in Saheeh Abi Dawood. 3 – It was narrated that Abu Hurayrah (may Allaah be pleased with him) said: The Prophet (peace and blessings of Allaah be upon him) said: “The best rows for men are
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the first ones and the worst are the last, and the best rows for women are the last ones and the worst are the first.” Narrated by Muslim, 664. This is among the greatest evidence that Islam forbids mixing. The further away the men are from the women’s rows the better, and the further away the women are from the men’s rows the better. If these precautions are to be taken in the mosque which is a pure place of worship, then taking them in other places is undoubtedly more important. 4 – It was narrated from Abu Usayd al-Ansaari that he heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say, when he was outside the mosque and the men were mixing with the women in the road. The Messenger of Allaah (peace and blessings of Allaah be upon him) said to the women: “Move aside, for you have no right to walk in the middle of the road; you should walk at the sides of the road.” Then a woman would walk so close to the walls that her garment would catch on the wall because she walked so close to it.” Narrated by Abu Dawood, 5272; classed as hasan by al-Albaani in Saheeh Abi Dawood. For more details on the dangers of mixing, please see the answer to question no. 1200. Since mixing is haraam, the owner of this café is committing sin by allowing it and refraining from denouncing it, and by helping these people to commit sin by providing a place for them where they can disobey Allaah. What he has to do is to fear Allaah and not help to spread evil and corruption among the believers. He should be keen to make his food good (i.e., from halaal sources), 128
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for “every body that is nourished on haraam, the Fire is more befitting for it,” as the Prophet (peace and blessings of Allaah be upon him) said. Narrated by al-Tabaraani and Abu Na’eem from Abu Bakr; classed as saheeh by al-Albaani in Saheeh al-Jaami’, no. 4519. Another version was narrated from Ka’b ibn ‘Ajrah: “No flesh grows that is nourished by haraam but the Fire is more befitting for it.” If he can prevent mixing, then this is what he must do, or else he can restrict the café to men only. Otherwise he should look for other, permissible work. Whoever gives up a thing for the sake of Allaah, Allaah will compensate him with something better than it. “And whosoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (from every difficulty). 3. And He will provide him from (sources) he never could imagine” [al-Talaaq 65:2-3] And Allaah knows best. Islam Q&A (www.islam-qa.com) 12465: Does she have to obey her husband if he tells her to work outside the home? Question: To begin, I state that I embraced Islam about 15 years ago, part of what is so impressive to me is the true revolution to women and their rghts which Islam has made, alhumdo lillah. But regretfully, so many Muslims 129
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do not acknowledge nor apply these standards and I have seen many women taken advantage of due to it. So my question is rgarding “Womens Rights”... men are obligated to certain maintanance of women, but women are not prohibited from certain things with her husbands permission. So how can a woman protect herself from being taken advantage of by her husband? For instance, he wants her to work within his business, still take care of the children an even have more children, bringing the infant to work following the delivery as early as the first week out of the hospital. She is repsonsible for the grocery shopping, taking the older child to day care, working at his business, preparing meals, and keeping the house neat. He will assist periodically but not without stating that he has done so as if she should have done it herself. Can she insist on staying home and being supported? Or must she obey her husband - since he is not asking her to do something haram? But she is tired of being tired and unable to convince him her place is in the home, or even be considerate of her needs and he is always unsatisfied by how she isn’t performing to his level of satisfaction. Sorry this is so lengthy, but it is a common problem among many sisters I have seen, taking the rights Allah gave us and not being taken advantage of. Answer: Praise be to Allaah. Allaah has made men the protectors and maintainers of women for two reasons, what Allaah has given to men and what men earn. Allaah says (interpretation of the meaning): “Men are the protectors and maintainers of women, because Allaah has made one of them to excel the other, 130
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and because they spend (to support them) from their means” [al-Nisa’ 4:34] The fact that Allaah has given men more than women in terms of reasoning, thinking and physical strength is something concerning which there is no dispute. This is what Allaah has given to men. With regard to what men earn, this refers to the husband’s spending on his wife, which is something that is obligatory and is the basis for the man being the protector and maintainer of the wife. It was narrated that Jaabir (may Allaah be pleased with him) said: The Prophet (peace and blessings of Allaah be upon him) said: “Fear Allaah with regard to women for Allaah has entrusted them to you and intimacy with them has become permissible for you by the word of Allaah. Their rights over you are that you should provide for them and clothe them on a reasonable basis.” Narrated by Muslim, 1218. Al-Nawawi (may Allaah have mercy on him) said: This indicates that it is obligatory for the husband to spend on his wife and clothe her. This is established by scholarly consensus. Sharh Muslim, 8/184. One of the reasons why it is obligatory for the husband to spend on the wife is that the wife is prevented from earning an income because of her duties towards her husband, children and house. Al-Bukhaari (may Allaah have mercy on him) said: “The obligation of spending on one’s wife and children.” Then he narrated the hadeeth of Abu Hurayrah, according to which the Prophet (peace and blessings of Allaah be upon him) said: “The best of charity is that which leaves 131
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one independent of means, and the upper hand is better than the lower hand, and start with those who are dependent upon you.” Al-Bukhaari, 1426; Muslim, 1034. Al-Haafiz ibn Hajar said: The reason why it is obligatory to spend on the wife is that she is prevented from earning because of her duties to fulfil the husband’s rights. There is scholarly consensus that this is obligatory. Al-Fath, 9/625. The husband has to fear Allaah his Lord, and take care of the wife and children that Allaah has entrusted to him. It is not permissible for him to force his wife to do that which she is unable to do. She does not have to work and spend on the house and on him; rather it is obligatory for him to spend on her even if she is rich. The role that the woman plays in the home is very important, because she looks after the house and takes care of it, and she fulfils her husband’s rights by preparing the house for him, keeping it clean and tidy, making food, looking after the children, and many other things. The woman does not have to work outside the house, especially if going out will expose her to mixing with non-mahram men and failing or falling short in her duties towards her house and children. As mentioned above, it is obligatory for the husband to spend on her, according to scholarly consensus. He has to realize this and make his wife feel safe and protected in her house so that she can do that which Allaah has enjoined upon her. See also the answer to question no. 5591.
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And Allaah knows best. Islam Q&A (www.islam-qa.com) 45905: Is it permissible for a father to force his daughter to work in a mixed environment? Question: Can a father force his daughter to work in a mixed environment?. Answer: Praise be to Allaah. Working in mixed environments is not free of the risk of some haraam things happening, such as looking, being alone with a person of the opposite sex, or feeling attracted. Hence the scholars have issued fatwas stating that it is haraam, based on what usually happens. It says in Fataawa al-Lajnah al-Daa’imah (12/156): Mixing of men and women in schools and elsewhere is a great evil and has serious implications for people’s religious and worldly interests. It is not permissible for a woman to study or work in a place where men and women mix, and it is not permissible for her guardian to allow her to do that. Based on that, the father has no right to force his daughter to work in a mixed workplace. If he forces her to do that then she does not have to obey him, because the Prophet (peace and blessings of Allaah be upon him) said: “There is no obedience in sinful matters, rather obedience is only
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(required) in that which is good and proper.” Narrated by al-Bukhaari, 7257; Muslim, 1840. This daughter must explain to her father the dangers of working in a mixed environment, and that it is haraam. She should remind him of his duty to protect his family and save them from the Fire, and she should do so in a wise manner and with beautiful preaching. And Allaah knows best. Islam Q&A (www.islam-qa.com) 20869: Ruling on female servants working in households, and are they female slaves?! Question: I’m an Indonesian Muslim, I need a fatwa regarding the status of Woman Labour, who work in midle east. Does they who worked to family and living with that family is considering as a slave ? It is very important to us know about The status about Woman Labour, because this issue used by christian misionaries to denigrating Islam in here. Please attached Fatwa from some Ulama Institution/ authorithies.. Answer: Praise be to Allaah. Firstly: The servants who work in households do not come under 134
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the same rulings as slaves, whether male or female. Rather they come under the ruling of private workers who are hired to work for the employer, and are like any other employee. We have already spoken about female servants and the ruling on bringing them from their countries, and the haraam actions committed by some families towards female servants. Please see the answer to question no. 26282. Secondly: What some of these heads of households have done to these servants is not condoned by Islam, rather Islam forbids it and warns against it. It is not permissible to use that as a means of attacking Islam or giving a bad impression of Islam, because these sins on the part of some Muslims are forbidden by Islam itself. Al-Bukhaari (50) and Muslim (1661) narrated that Abu Dharr said: I cursed a man and slandered his mother, and the Prophet (peace and blessings of Allaah be upon him) said to me: “O Abu Dharr, are you slandering his mother? You are a man in whom there is still some jaahiliyyah (ignorance)! Your slaves are your brothers whom Allaah has put under your command. So whoever has a brother under his command should feed him of what he eats and dress him of what he wears. Do not ask them (slaves) to do things beyond their capacity and if you do so, then help them.” This is the justice of Islam towards slaves who are owned by a person, so how should it be with a servant who is not a slave who belongs to his or her employer, but is rather hired to do a job? Thirdly: It is not permissible to be alone with these female servants, 135
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or to look at them, because they are non-mahrams to the men of the household. Similarly male servants are nonmahrams to the women of the household so it is not permissible for them to uncover in front of them or to be alone with them. Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) was asked: What is the ruling on dealing with servants and drivers – do they come under the same heading as non-mahram men? My mother tells me to go out in front of the servants and to put a scarf on my head. Is that permitted in our pure monotheistic religion which tells us not to disobey the commands of Allaah? He replied: Drivers and servants come under the same rulings as all other men: it is obligatory to observe hijab in front of them if they are not mahrams. It is not permitted to uncover one’s face in front of them or to be alone with any of them, because the Prophet (peace and blessings of Allaah be upon him) said: “No man is alone with a [nonmahram] woman but the third one present is the Shaytaan.” And because of the general meaning of the evidence which indicates that hijab is obligatory and that it is haraam to make a wanton display of oneself or to uncover oneself in front of non-mahrams. It is not permissible to obey your mother or anyone else in matters that involve disobedience towards Allaah. Al-Tabarruj wa Khataruhu by Shaykh Ibn Baaz. And Allaah knows best. Islam Q&A (www.islam-qa.com) 136
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33710: She wants to work and her fiance says no Question: I have been engaged since the last 3 years. But over the years, me and my fiance have developed some differences. Even though most of them are of minor nature, but there is one problem that always leads to an altercation between us, and that is the issue of me doing a job after marriage. My finace insists that its forbidden in Islam that a woman does a job only because she wishes to, and not out of need. Answer: Praise be to Allaah. Firstly: It is essential to point out that this sister says that she has been “engaged” for three years, and it seems that she sits with her fiancé and speaks with him, and maybe he is alone with her, and she says that she has argued with him about her working after “marriage”. It has become common for engaged couples to speak together and go out together before the marriage contract is done. This is undoubtedly haraam, for the man who proposes marriage is allowed only to look at his fiancée; it is haraam for him to be alone with her and shake hands with her, because she is still a stranger (non-mahram) to him, but Islam allows him to look at her so that he can be certain that he wants to marry her. Some people call the husband who has done the marriage contract with his wife but has not yet consummated the marriage the “fiancé”. If this is the case in your situation, 137
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then you are husband and wife and your husband has the right to shake hands with you, be alone with you and travel with you. But if the marriage contract has not yet been done, then these meetings are haraam. Secondly: The woman’s role which befits her and is appropriate for her is for her to stay in her house and take care of the house and look after her husband and children, if Allaah blesses them with children. This is important work that is not insignificant. With regard to working outside the house, this does not suit women’s nature in principle, but if she needs to do that then she may do the kind of job that is most closely suited to her nature, whilst adhering to Allaah’s commands to cover herself, lower her gaze and not mix with men in a haraam way, etc. Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) said: It is well known that for a woman to go out and work in men’s fields leads to blameworthy mixing and her being alone with them. This is a very serious matter that leads to bitter consequences. It goes against the texts of Islam that command women to stay in their houses and do the work that suits the nature that Allaah has given them, which keeps them away from mixing with men. The sound evidence clearly indicates that it is forbidden to mix with non-mahram women and to look at them, and it forbids the means that lead to falling into that which Allaah has forbidden. There is a great deal of clear evidence that definitively shows that the mixing which leads to bad consequences is forbidden. For example, Allaah says (interpretation of the meaning): “And stay in your houses, and do not display yourselves 138
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like that of the times of ignorance, and perform AsSalaah (IqamatasSalaah), and give Zakaah and obey Allaah and His Messenger. Allaah wishes only to remove ArRijs (evil deeds and sins) from you, O members of the family (of the Prophet), and to purify you with a thorough purification. And remember (O you the members of the Prophet’s family, the Graces of your Lord), that which is recited in your houses of the Verses of Allaah and AlHikmah (i.e. Prophet’s Sunnah legal ways, so give your thanks to Allaah and glorify His Praises for this Qur’aan and the Sunnah). Verily, Allaah is Ever Most Courteous, WellAcquainted with all things” [al-Ahzaab 33:33-34] “O Prophet! Tell your wives and your daughters and the women of the believers to draw their cloaks (veils) all over their bodies (i.e. screen themselves completely except the eyes or one eye to see the way). That will be better, that they should be known (as free respectable women) so as not to be annoyed. And Allaah is Ever OftForgiving, Most Merciful” [al-Ahzaab 33:59] “Tell the believing men to lower their gaze (from looking at forbidden things), and protect their private parts (from illegal sexual acts). That is purer for them. Verily, Allaah is AllAware of what they do. And tell the believing women to lower their gaze (from looking at forbidden things), and protect their private parts (from illegal sexual acts) and not to show off their adornment except only that which is apparent (like both eyes for necessity to see the way, or outer palms of hands or one eye or dress like veil, gloves, headcover, apron), 139
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and to draw their veils all over Juyoobihinna (i.e. their bodies, faces, necks and bosoms) and not to reveal their adornment except to their husbands, or their fathers, or their husband’s fathers…” [al-Noor 24:30-31] The Prophet (peace and blessings of Allaah be upon him) said, “Beware of entering upon women” – meaning nonmahram women. It was said, “O Messenger of Allaah, what do you think about the in-laws?” He said, “The inlaw is death.” The Messenger (peace and blessings of Allaah be upon him) also forbade being alone with a nonmahram woman under any circumstances, and said, “The third one present is the Shaytaan.” And he forbade women to travel except with a mahram, so as to ward off the means that may lead to evil and to close the door to sin, and to protect both parties from the snares of the Shaytaan. Hence it was narrated in a saheeh report that he said, “Beware of this world and beware of women, for the first fitnah (trial) that befell the Children of Israel had to do with women.” And he (peace and blessings of Allaah be upon him) said: “I am not leaving behind me in my ummah any fitnah that is more harmful for men than women.” Thus the verses and ahaadeeth clearly state that it is obligatory to keep away from the mixing that leads to evil, disintegration of families and the destruction of societies. When we look at the situation of women in some Muslim countries we will see that they have lost their dignity because of their going out of their homes and having to work in fields that are not theirs. Wise people in these countries and in the west have said that it is essential for women to go back to their natural position for which Allaah has prepared them physically and mentally, but it is too late (for them). In the fields of work that women can do in their homes 140
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and in teaching and other suitable fields, there are plenty of jobs which mean that they have no need to work in men’s fields. From al-Shaykh Ibn Baaz wa Muwaafaqatuhu al-Thaabitah, no. 22. Shaykh Muhammad al-Saalih al-‘Uthaymeen said: The fields of work that are open to women are those in which women specialize, such as girls’ education, whether this is a administrative or technical work; or working in her home sewing clothes for women, and so on. With regard to working in fields in which men specialize, it is not permissible for women to work in these fields because that requires mixing with men, which is a great fitnah (trial, temptation) that we must beware of. It should be noted that it is proven that the Prophet (peace and blessings of Allaah be upon him) said: “I am not leaving behind me in my ummah any fitnah that is more harmful for men than women.” So men should keep their wives away from the things that lead to fitnah, by all means possible. Fataawa al-Mar’ah al-Muslimah, 2/981. We hope that the sister who asked this question will also look at the answers to the following questions for more information: no. 6666, 1200 and 22397. And Allaah knows best. Islam Q&A (www.islam-qa.com) 21062: It is not permissible for a woman to be appointed as a judge Question: Is it permissible for a woman to be appointed as a judge (qaadi) in Islamic sharee’ah?. 141
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Answer: Praise be to Allaah. Shaykh Ibn Jibreen was asked whether it is permissible for a woman to be a qaadi. He replied: It is not permissible for a woman to be appointed to public positions which generally require speaking with men, mixing with them and going out frequently, asking questions of non-mahram men, and answering their questions. Such behaviour indicates that a woman is careless and audacious, which will lead to her giving up her modesty. This position also requires her to raise her voice. That is contrary to her femininity and modesty. Similarly a woman cannot become an imam or khateeb or lawyer who has to frequent the courts and offices which are filled with men. This is also a kind of imitating men, and the Prophet (peace and blessings of Allaah be upon him) cursed women who imitate men. With regard to jobs which a woman may need, there is nothing wrong with a woman being appointed to them, such as teaching female students, being a doctor or nurse treating female patients. A woman may also work in offices that are visited only by women, so that women will not be forced to mix with men, which may be a cause of spreading wanton display (tabarruj) and unveiling, and other things that lead to evil and immorality. And Allaah knows best. Al-Lu’lu’ al-Makeen min Fataawa al-Shaykh Ibn Jibreen, p. 304. For more information on the evidence, please see question no. 20677. Islam Q&A (www.islam-qa.com)
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20677: Is it permissible in Islamic sharee’ah for a woman to be a ruler? Question: Are women allowed to be rulers in the islamic shariah? (i would prefer evidence from the Qur’an). Answer: Praise be to Allaah. Firstly: We appreciate our brother’s keenness to find out and follow the evidence from the Qur’aan, but there will not necessarily be evidence specifically from the Qur’aan for every issue. Rather the evidence for many rulings is to be found in the saheeh Sunnah of the Prophet (peace and blessings of Allaah be upon him), not the Qur’aan. The Muslim has to follow the evidence of both the Qur’aan and Sunnah. Allaah says (interpretation of the meaning): “O you who believe! Obey Allaah and obey the Messenger (Muhammad), and those of you (Muslims) who are in authority. (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. That is better and more suitable for final determination” [al-Nisa’ 4:59] Allaah has commanded us to obey Him and to obey His Messenger (peace and blessings of Allaah be upon him), and He has commanded us to refer matters of dispute to His Book and the Sunnah of His Messenger (peace and blessings of Allaah be upon him).
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Allaah says (interpretation of the meaning): “And whatsoever the Messenger (Muhammad) gives you, take it; and whatsoever he forbids you, abstain (from it). And fear Allaah; verily, Allaah is Severe in punishment” [al-Hashr 59:7] Ibn Maajah (12) narrated from al-Miqdaam ibn Ma’di Yakrib that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Soon there will come a time when a man will be reclining on his pillow, and when one of my hadeeth is narrated to him, he will say, ‘The Book of Allaah is (sufficient) between us and you. Whatever it states is permissible we will take as permissible, and whatever it states is forbidden, we will take as forbidden.’ Verily, whatever the Messenger of Allaah (peace and blessings of Allaah be upon him) has forbidden is like that which Allaah has forbidden.” Classed as saheeh by al-Albaani in Saheeh al-Jaami’, 8186 Secondly: The evidence from the Qur’aan and Sunnah indicates that it is not permissible for a woman to assume positions of senior public authority, such as the caliph (khaleefah), minister of state (wazeer or vizier) or judge (qaadi) and so on. 1 – Evidence from the Qur’aan: Allaah says (interpretation of the meaning): “Men are the protectors and maintainers of women, because Allaah has made one of them to excel the other, and because they spend (to support them) from their means” [al-Nisa 4:34] 144
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Al-Qurtubi said: The words “Men are the protectors and maintainers of women” mean that they spend on them and protect them, and also that they (men) are the rulers and governors, and the ones who go on military campaigns, and none of these are the role of women. Tafseer al-Qurtubi, 5/168. Ibn Katheer said: It means the man is in charge of the woman; he is her leader, the ruler over her who disciplines her if she goes astray. “because Allaah has made one of them to excel the other” means, because men are superior to woman, and a man is better than a woman. Hence Prophethood was given only to men, as is the role of caliph, because the Prophet (peace and blessings of Allaah be upon him) said: “No people will ever prosper who appoint a woman in charge of them.” Tafseer Ibn Katheer, 1/492. 2 –Evidence from the Sunnah: It was narrated that Abu Bakrah said: When the Messenger of Allaah (peace and blessings of Allaah be upon him) heard that the people of Persia had appointed the daughter of Chosroes as their queen, he said, “No people will ever prosper who appoint a woman in charge of them.” Narrated by al-Bukhaari, 4163. Al-Shawkaani said in Nayl al-Awtaar, 8/305: This indicates that women are not qualified to rule, and it is not permissible for people to appoint them as rulers, 145
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because they must avoid that which will cause them not to prosper. Al-Maawirdi said, in the context of his discussion of the position of wazeer: It is not permissible for a woman to play this role, because the Prophet (peace and blessings of Allaah be upon him) said, “No people will prosper if they delegate their affairs to a woman.” And because these positions require wisdom and resolve, which women may be lacking in, and requires appearing in public to handle matters directly, which is haraam for them to do. Al-Ahkaam al-Sultaaniyyah, p. 46. Ibn Hazm (may Allaah have mercy on him) said, in the context of his discussion on the role of caliph: There is no dispute that it is not permissible for a woman (to be caliph). Al-Fasl fi’l-Milal wa’l-Nihal, 4/129. In al-Mawsoo’ah al-Fiqhiyyah (21/270) it says: The fuqaha’ are agreed that one of the conditions of the position of caliph is that the holder should be male. The leadership of a woman is not valid, because the Prophet (peace and blessings of Allaah be upon him) said: “No people will ever prosper who appoint a woman in charge of them.” That is also so that he will be able to mix with men, to devote his time solely to dealing with affairs of state, and because this position involves handling very serious matters. The responsibility is great and this is a man’s role. Shaykh ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz (may Allaah have mercy on him) was asked the following question: 146
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What is the Islamic view on a woman being nominated as a candidate for the position of head of state, or head of a government, or a public ministry? He replied: It is not permissible to appoint or elect a woman as head of state. This is indicated by the Qur’aan, Sunnah and scholarly consensus. In the Qur’aan, Allaah says (interpretation of the meaning): “Men are the protectors and maintainers of women, because Allaah has made one of them to excel the other…” [al-Nisa 4:34] The ruling in the verse is general and includes a man’s position of leadership in his family, and applies more so to his position of public leadership. This ruling is supported by the reason given in the verse itself, which is men’s intellectual superiority and better understanding etc, which are basic qualifications for leadership. In the Sunnah, the Prophet (peace and blessings of Allaah be upon him) said: “No people will ever prosper who appoint a woman in charge of them.” Narrated by alBukhaari. Undoubtedly this hadeeth indicates that it is haraam for a woman to take a position of public leadership, or to become the governor of a province or city, because all of that comes under the general meaning of the hadeeth, and the Prophet (peace and blessings of Allaah be upon him) said that those who appoint a woman as their leader will never prosper. Prospering means being successful and doing well. The ummah unanimously agreed in practical terms at the time of the Rightly-Guided Caliphs and the imams of the 147
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first three generations, which the Prophet (peace and blessings of Allaah be upon him) testified were the best of generations, that women should not be appointed as governors or judges. There were women who were brilliant in religious knowledge, to whom scholars would refer concerning knowledge of Qur’aan, hadeeth and religious rulings, but no woman aspired to positions of public leadership during that time or any other position of that nature. The shar’i responsibilities of such positions cannot be carried out by women, because that involves travelling to the provinces, and mixing with the members of the ummah, and meeting with them, and leading the army sometimes in jihad, and negotiating with the enemy, and accepting oaths of allegiance from members of the ummah, and meeting with them, men and women, at times of war and peace, and so on. This is not appropriate for a woman, and it goes against the rulings of sharee’ah that are established to protect her and keep her safe from having to go out and mix in such a manner. Rationally speaking, women should not be given positions of public office, because what is required of the one who is chosen for such a position is that he should a man of great resolve, determination, smartness, will power and good management skills. These characteristics are lacking in women because they have been created with weakness in their intellect and thinking, and with strong emotions, so electing them to such positions is not in the interests of the Muslims and does not help them to achieve greatness. And Allaah is the source of strength. May Allaah send blessings and peace upon our Prophet Muhammad and upon his family and companions. Majallat al-Mujtama’, issue no. 890. And Allaah knows best. Islam Q&A (www.islam-qa.com) 148
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22397: She wants to work but her husband refuses Question: My husband does not let me work or study, but I think that I am able for that. Does he have the right to prevent me from working or studying? He is not listening to me and that hurts my feelings. Answer: Praise be to Allaah. Both spouses must refer to the sharee’ah concerning all matters in their lives. Whatever is the ruling of sharee’ah is what they must apply and follow. This is the way that leads to happiness and ease in this world and in the Hereafter, as Allaah 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. That is better and more suitable for final determination” [al-Nisa’ 4:59] With regard to women working and going out of the home, we say: 1 – The basic principle is that women should stay in their houses. This is indicated by the verse in which Allaah says (interpretation of the meaning): “And stay in your houses, and do not display yourselves like that of the times of ignorance” [al-Ahzaab 33:33]
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Although this was addressed to the wives of the Prophet (peace and blessings of Allaah be upon him), all believing women should follow them in that. It was addressed to the wives of the Prophet (peace and blessings of Allaah be upon him) because of their honoured status and because they are the example for the believing women. This is also indicated by the words of the Prophet (peace and blessings of Allaah be upon him): “Woman is ‘awrah, and when she goes out the Shaytaan gets his hopes up. She is never closer to Allaah than when she is in the innermost part of her house.” (Narrated by Ibn Hibbaan and Ibn Khuzaymah; classed as saheeh by al-Albaani in al-Silsilah al-Saheehah, no. 2688. And the Prophet (peace and blessings of Allaah be upon him) said concerning women praying in the mosques: “Their houses are better for them.” (Narrated by Abu Dawood, 567’ classed as saheeh by alAlbaani in Saheeh Abi Dawood). 2 – It is permissible for a woman to work or study so long as a number of conditions are met: - That this work is suited to the nature and aptitude of women, such as medicine, nursing, teaching, tailoring and so on. - The work should be in a place that is for women only, with no mixing between the sexes. It is not permissible for a woman to study or work in a mixed school. - The woman should wear proper Islamic hijaab at work. - Her work should not lead to her travelling without a mahram. 150
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- Her going out to work should not involve her committing any sin, such as being alone with the driver, or wearing perfume where non-mahram men will be able to smell it. - That should not lead to her neglecting her duties of looking after the house or taking care of her husband and children. 3 – What you have mentioned about your being able and willing to work, teach or study is something good. Perhaps that will help you to serve Allaah, such as teaching Muslim girls in your house or in the Islamic center – subject to the conditions mentioned above – or doing something that will benefit you and your family, such as sewing and the like, which will be a means of stopping boredom. You could also join one of the Islamic Open Universities, which will let you enroll in a distance-learning program, so that you can increase your knowledge and understanding of Islam, as well as attaining a higher status before Allaah. For the angels lower their wings for the seeker of knowledge, and the inhabitants of the heavens and the earth pray for forgiveness for the scholar, even the fish in the sea, as it says in the hadeeth narrated by alTirmidhi (no. 2682), Abu Dawood (3641), al-Nasaa’i (158) and Ibn Maajah (223); this hadeeth was classed as saheeh by al-Albaani in Saheeh al-Tirmidhi. Ask Allaah to bless you with righteous offspring, because in raising these children a woman will fill her time and will not feel bored, and she will be rewarded for all of that, praise be to Allaah. Remember that it is obligatory to obey your husband unless he tells you to do something sinful. So if a husband tells his wife not to go out to work or to study, she has to obey him, and this will lead to her happiness and salvation. According to a hadeeth narrated by Ibn Hibbaan in his 151
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Saheeh, “If a woman prays her five daily prayers, fasts her month (of Ramadaan), guards her chastity and obeys her husband, it will be said to her: ‘Enter Paradise from whichever of its gates you wish.’” (Classed as saheeh by al-Albaani in Saheeh al-Jaami’, no. 661). But the husband should not exploit this right to hurt his wife’s feelings or ignore her opinion or go against her wishes. Rather he has to fear Allaah and try to consult with his wife and discuss with her, and explain the shar’i ruling to her, and give her permissible alternatives that will make her happy, develop her potential and achieve some of what she wants. We ask Allaah to help us all to do that which He loves and which pleases Him. And Allaah knows best. Islam Q&A (www.islam-qa.com) 20004: Which is better, seeking knowledge or taking care of the house? Question: Which is better for a Muslim woman, taking care of her house and husband, or devoting her time to seeking knowledge, and bringing a servant to take care of the house? Answer: Praise be to Allaah. Yes, it is obligatory for a Muslim woman to strive to 152
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understand her religion as much as possible, but serving her husband, obeying her husband and raising her children are also important obligations. She should make time to learn every day, even if it is only a little. Or she should put aside some time for reading and then the rest of her time will be for her daily work. In this way she will not be neglecting learning and she will not be neglecting her work and children and leaving them to a servant to look after. Seeking balance in this matter, by setting aside time for learning, even if it is a little, and time for her housework, will be sufficient for her. Shaykh Saalih al-Fawzaan in al-Fataawa al-Jaami’ah li’lMar’ah al-Muslimah, part 3, p. 1085 (www.islam-qa.com) 20140: Woman working as a secretary for men in an office Question: I work as a secretary and there are men in my office and mixing between the sexes. What is the ruling on my work? Answer: Praise be to Allaah. Mixing between men and women is haraam. In Question no. 1200 on this site you will find the evidence for that from the Qur’aan and Sunnah. Indeed some modern studies have proven the dangers of mixing and its bad effects even on decent and chaste women. The stories and real events that have taken place in the past and nowadays are too many to be mentioned here. No matter 153
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how sure a person can be of himself – and he should not be sure of himself with regard to such matters – nevertheless he cannot trust the Shaytaan. How many incidents of adultery and sexual harassment have happened in the workplace. Even the kaafirs have realized this, and have undertaken studies and implemented measures to deal with it, without any clear benefits, because the basic principle, namely allowing mixing between the sexes, is corrupt. Some train companies have been forced to designate certain cars for women only, especially on late-night trains. Cases in which managers have divorced their wives because of their relationships with their secretaries are infamous, and cases of adultery in mixed workplaces are also infamous. Indeed, in some companies the secretaries are used by the manager and bosses as a means of entertainment – we ask Allaah to keep us safe and sound. May Allaah help us and you to do that which He loves and which pleases Him. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 11146: Ruling on a woman working as an advertising rep Question: In recent times, some companies, such as advertising companies and pharmaceutical companies etc., have asked for women to work as advertising reps and sales reps. What is the ruling on women working as advertising reps and sales reps, where mixing with men is extremely likely?
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Answer: Praise be to Allaah. Every call for women to appear and come out of the home is one of the calls for the spread of corruption, and it is a cause of the spread of immorality. Allaah has warned of the punishment for that, as He said (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. And Allaah knows and you know not” [al-Noor 24:19] Allaah has warned them of this painful punishment. It is known that people’s looks and devilish desires are focused on women, and that if the corrupt evildoers see them, and especially if they hear them speaking, when they may speak in soft voices or some part of their adornments may become visible, such as their jewellery or something that catches the eye, those who see or hear such a woman may get the impression that she is not chaste and that she is a “soft touch” who will not refuse the approaches of the wanton evildoer. So they start chasing her and they may write down or memorize her phone number, and this is a means of increasing corruption and spreading evil. These are the type of people who call for women to be employed in selling their products by giving a woman some kinds of medicine and telling her to go to this patient or this doctor or this clinic, and promote and show the product, so that she goes from place to place, entering these markets and gatherings. This is all a call for women to come out and therefore to abandon her hijaab. This kind of advertising and promotion may be done easily by 155
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men who are better suited to do that and to enter the marketplaces and to do this kind of work. But with regard to those who call for the promotion of immorality and haraam things, we have to beware of them and refuse their calls. We must also warn the Muslim women against listening to them or accepting their offers (of employment), and against co-operating with them in any way at all. And Allaah is the Provider, the Owner of great strength. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 9605: Women working in the security services Question: Can women take part in jihaad along with men? What about women working in the women’s sections of the security services? Answer: Praise be to Allaah. Jihaad by the sword and with other weapons is not obligatory on women. It was narrated that ‘Aa’ishah said: “I said, ‘O Messenger of Allaah, do women have to do any kind of jihaad?’ he said, ‘Yes, jihaad in which there is no fighting – Hajj and ‘Umrah.’” – Narrated by Imaam Ahmad, 24794). Because men are responsible for defending women. Hence it is not permissible to draft them into the army like men, because of the bad consequences that result from that. The state of affairs in countries which have allowed that clearly demonstrate the harmful effects to which this leads. But if the army 156
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needs nurses to tend the soldiers’ wounds and there are women who can do this well, then their services may be used, so long as due attention is paid to the guidelines of sharee’ah, and proper Islamic etiquette is observed. Similarly, it is not permissible for women to work in the police and other security organizations if this work has to do with men. If, however, it has to do with women, such as a women’s division in the police force to deal with women, or supervision of women prisoners in jails, or inspecting women in airports, and so on, then this is permissible and may indeed be necessary. They should be employed in such cases so that women will not be forced to mix with men and uncover themselves in front of them. Wilaayat al-Mar’ah fi’l-Fiqh al-Islamiyyah, p. 688 (www.islam-qa.com) 6799: Ruling on women selling their goods in the market Question: I have a wife who wants to go and buy and sell on Thursdays in a market where men and women come together. She is very modest and covers herself. Please advise us. Answer: Praise be to Allaah. It is permissible for her to go to the market to buy and sell, if she needs to do that and if she covers all of her body in clothes that do not describe its shape, and she does not mix with men in any way that would give rise to 157
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suspicion. If she does not need to go and buy and sell, then it is better for her not to do so. Fataawaa al-Lajnah al-Daa’imah, 13/17 (www.islam-qa.com) 6666: Should she continue working in place where she mixes with men? Question: I am a muslim woman raised with basic Islamic teachings but overall in a more Western way - educated abroad in a European university, and worked thereafter in a large multinational following what is traditionally known as the “career path”. This way of life has been encouraged by the parents and the lifestyle under which I have been raised. Furtheremore as my parents are no longer working I have become the financial support for the family. I am currently living alone at 31 years in a Western country where there are no Arabs or Mulsims around. And due to my Islamic upbriging find myself islolated from my surroundings as I have no interest in going to parties, bars, dating etc.... My choices are 2. To return home under the parents umbrella and settle for any work to keep me busy and if lucky find a husband. This will however mean sacrificing income at least for the short term which will be difficult for the family as well as sacrificing a very good position at the company I am in. Or alternately continue in this career path hoping that someday I will meet a good muslim man who can help me live a more mulsim way of life. What is the isalmic point of view in such instances. Answer: Praise be to Allaah. 158
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The choice facing our sister is a choice between what is right and what is wrong, between what is halaal and what is haraam. Hence we can only advise our sister to protect the best thing that she possesses, which is her religion and chastity, and to stay with her family so as to protect herself and be among those who will protect her. Perhaps Allaah will make it easy for her to find work that is acceptable according to sharee’ah, and a righteous husband. We give her the glad tidings of the hadeeth of the Prophet (peace and blessings of Allaah be upon him): “Whoever gives up something for the sake of Allaah, Allaah will compensate him with something better than that.” (Classed as saheeh by Shaykh al-Albaani – may Allaah have mercy on him – in Hijaab al-Mar’ah al-Muslimah). How many brothers and sisters have left their work– even when they were earning lots of money – leaving for the sake of Allaah after learning that the environment they were in went against Islamic rulings, then Allaah opened many ways for them and gave them a bountiful provision, and guided their hearts to something better than they had been following before. We also want to remind our sister about her parents, and tell her that staying with them and taking care of them is much better than being apart from them. She should not pay attention to their wishes that she should do work that is not acceptable according to sharee’ah. Many people are keen for worldly things, and they do not pay attention to the forbidden and objectionable things that may surround the work their daughters and sons do. Striving for the purpose of this transient world at the expense of one’s religion is not something that we accept for our sisters or daughters, or for the sister who is asking this question. 159
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You should not pay any attention to the fact that this is an international company or that the salary is tempting. That does not mean anything if it also brings the wrath of Allaah. It is bad enough that you are with non-mahram men at work, let alone that you are in a country where there are no Muslims. Moreover, you may have to travel without a mahram to the kuffaar countries and stay among them. You may be living in a house on your own, which poses a danger to your religious commitment, your person and your honour, as is quite obvious. The Islamic texts indicate that it is haraam for women to mix with men, to travel without a mahram and to settle among the kuffaar. Your idea of isolating yourself of which you speak may not last for long, because of the many temptations and the lack of help and support. The path of evil starts with one step, and if a person follows it, it may be difficult for him to think of himself and his Hereafter. By the Grace of Allaah towards you, you are seeking advice and knowledge of the Islamic rulings, so do not feel any regrets about this world. Simple things are sufficient for the one who is content with what Allaah gives him; it is greed that destroys taqwa and robs people of their common sense. There is nothing to stop you from looking for work that is acceptable according to sharee’ah, especially since some companies now employ people at home, letting them do their work via the Internet. This may be a suitable alternative, especially for Muslim women. We ask Allaah to guide you to that which will be beneficial for you, and to protect your religious commitment, for He is the One Who is the Guardian of that and is Able to do that. May Allaah bless our Prophet Muhammad. And Allaah knows best.
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Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 5228: Ruling on women taking part in elections Question: Is it permissible for women to run in public elections (municipal elections for a seat on the Majlis al-Shoora or council)? Answer: Praise be to Allaah. The consensus of the scholars is that it is not permissible for a woman to be the head of an Islamic state or to hold a position of top leadership. This is what is stated in the Book of Allaah (interpretation of the meaning): “Men are the protectors and maintainers of women, because Allâh has made one of them to excel the other” [al-Nisa’ 4:34] The general applicability of this aayah indicates that the position of qiwaamah (being a protector and maintainer) belongs to men in relation to women. As a woman does not have authority over her husband in the home, it is more appropriate that she should not have authority over any other men. In the Sunnah, there is the hadeeth narrated by Abu Bakrah who said: when the Messenger of Allaah (peace and blessings of Allaah be upon him) heard that the people of Persia had made the daughter of Chosroes their queen, 161
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he said: “No people will ever prosper who place a woman in authority over them.” (Narrated by al-Bukhaari in alSaheeh and by Ahmad and others). This clearly states that women are not qualified to hold the position of monarch or governor or any position of public authority, and it is not permissible for her people to appoint her to such a position, because it is a duty on society to avoid anything that could lead to not succeeding, as the scholars said. Common sense also proves that this is true, because the Lawgiver took into account woman’s circumstances and her unique feminine nature and character, and made her testimony equal to half that of a man; Allaah does not treat anyone unfairly. “Should not He Who has created know? And He is the Most Kind and Courteous (to His slaves), All-Aware (of everything).” [al-Mulk 67:14 – interpretation of the meaning]. So how can anyone say that women can be appointed as heads of state or be given positions of public authority over men? Moreover, the fact that women have stronger emotions and more intense feelings than men, and men are stronger and more solid, and have more patience, and are in a position to devote their time to running the affairs of society, tips the balance in favour of men in this regard. This further strengthens our conviction that what Allaah has prescribed is the ultimate wisdom, is in the best interests of society and is a mercy to all people. If a woman joins these councils, this entails her mixing with and sitting with men, perhaps for long periods of time, and speaking with them, with her looking at them and them looking at her. All of this has been forbidden by Allaah in His Book and by His Messenger in his Sunnah. Allaah says (interpretation of the meaning): “And stay in your houses, and do not display yourselves like that of the times of ignorance” [al-Ahzaab 33:33] 162
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Allaah commanded the Mothers of the Believers and all the Muslim women to stay in their houses, because this is more protecting of their chastity and keeps them further away from the causes of corruption, since going out for no need could lead to women making a wanton display of themselves (tabarruj), just as it could lead to other evils. Al-Tirmidhi narrated that the Prophet (peace and blessings of Allaah be upon him) said: “The woman is ‘awrah [that which should be concealed], and when she goes out the Shaytaan’s hopes are raised.” She is described in this manner, and whoever is described in this manner should be covered. The meaning is that it is disliked for her to go out and appear before men. It was said in al-Sihaah: everything that is ‘awrah is a cause for concern. “and when she goes out the Shaytaan’s hopes are raised.” Al-Tayyibi said: so long as she is in her house, the Shaytaan has no hope of tempting her or of tempting people through her, but when she goes out, he becomes hopeful and makes others look at her, because she is his net and his greatest trap. (Fayd al-Qadeer, 6/266). And Allaah says (interpretation of the meaning): “Tell the believing men to lower their gaze (from looking at forbidden things), and protect their private parts (from illegal sexual acts). That is purer for them. Verily, Allaah is All-Aware of what they do. And tell the believing women to lower their gaze (from looking at forbidden things), and protect their private parts (from illegal sexual acts) and not to show off their adornment except only that which is apparent” [al-Noor 24:30-31] The two commandments mentioned here – lowering the 163
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gaze and protecting the private parts – are impossible to fulfil when a woman mixes with men as a colleague or fellow-participant in some work. It was reported in a saheeh hadeeth that the Prophet (peace and blessings of Allaah be upon him) said: “I do not leave behind me any greater fitnah (trial, temptation) for men than women.” (Agreed upon. From the hadeeth of Usaamah ibn Zayd, may Allaah be pleased with them both). The Prophet (peace and blessings of Allaah be upon him) also said: “Fear this world and women, for the firat fitnah that befell the Children of Israel had to do with women.” (Narrated by Muslim). To sum up: for women to stay at home and fulfil their obligations of running the household affairs and their duties towards their husbands and children, after fulfilling their duties towards Allaah, is in the best interests of their society and their Ummah. If a woman has spare time, she can work in women’s fields such as teaching women or working as a women’s doctor or nurse, and so on. This will fill a gap in society and help it to develop in all fields of specialization. May Allaah help us all to do that which He loves and which pleases Him. Reference: Masaa’il wa Rasaa’il by Muhammad alMahmoud al-Najdi. p. 40 (www.islam-qa.com) 3285: Ruling on appointing women to positions of high public office Question: Is it legal islamicly to acknowledge females as our leader? 164
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Answer: Praise be to Allaah. Positions of leadership and high public office means taking on the mission of establishing Islam by reviving religious knowledge and establishing its foundations, engaging in jihaad for the sake of Allaah – which includes preparing armies and distributing war booty – establishing the judicial system, carrying out judicial punishments (hudood), fighting oppression, enjoining what is good and forbidding what is evil, acting as a deputy of the Prophet SAWS (peace and blessings of Allaah be upon him). There is no dispute among the scholars that one of the conditions of the imaam or leader is that he should be male. Ibn Hazam reported in his book Maraatib al-Ijmaa’ that there was scholarly consensus on this point. In the section he says: “Out of all groups of the people of the Qiblah [i.e., all Muslim sects], there is not one that allows the leadership of women.” Al-Qurtubi reported something similar, and al-‘Allaamah al-Shanqeeti said, “There is no difference of opinion among the scholars on this point.” The evidence for this is the general meaning of the aayah (interpretation of the meaning): “Men are the protectors and maintainers of women, because Allaah has made one of them to excel the other…” [al-Nisa’ 4:34]. It is also clearly indicated by the hadeeth of Abu Bakrah who said that when the Prophet SAW?S (peace and blessings of Allaah be upon him) heard that the Persians had appointed the daughter of Chosroes as their queen, he said, “No people who appoint a woman as their leader will ever prosper.” (Reported by al-Bukhaari, 13/53). This is because positions of leadership and government require a person to join men’s gatherings, which is not allowed for women according to sharee’ah because of 165
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the aayah (interpretation of the meaning): “And stay in your houses, and do not display yourselves like that of the times of ignorance…” [al-Ahzaab 33:33]. These positions also require perfect wisdom, reason and alertness, and the testimony of a man has been made equal to that of two women, the reason for which Allaah has explained in the aayah (interpretation of the meaning): “… so that if one of them (two women) errs, the other can remind her…” [al-Baqarah 2:282]. Imaam al-Muwaffaq Ibn Qudaamah said: “For this reason the Prophet SAWS (peace and blessings of Allaah be upon him) and his successors (khulafa’) and those who came after them never appointed a woman to be a judge or a governor of a province, as far as we know. If it were permissible, it should have happened.” Imaam al-Ghazaali said: “The position of leader (imaam) could never be given to a woman even if she possessed all the qualities of perfection and self-reliance. How could a woman take the position of leader when she did not have the right to be a judge or a witness under most of the historical governments?” Imaam al-Baghawi said: “The scholars agreed that women are not fit to be leaders or judges, because the leader needs to go out to organize jihaad and take care of the Muslims’ affairs, and the judge needs to go out to judge between people, but women are ‘awrah and it is not right for them to go out. Because of their weakness, women are not able to do many things. Women are imperfect, and the positions of leaders and judge are among the most perfect of positions for which only the most perfect of men are qualified.” 166
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Undoubtedly this is proven by reality. People know from experience that only men are fit for leadership, because women by nature are more emotional and more easily swayed by their feelings and compassion. These qualities have been created in women to enable them to carry out their most important duty, which is that of motherhood and nurturing children. Men, on the other hand, are not usually swayed by their emotions as women are. Their way is usually one of logic and deliberation, which form the essence of responsibility and leadership. With regard to the question of whether a woman may be appointed as a judge, the majority of Maaliki, Shaafa’i and Hanbali scholars say that a woman cannot be appointed as a judge, because of the general meaning of the hadeeth of Abu Bakrah quoted above. Al-Haafiz ibn Hajar said: “Ibn al-Teen said: Those who say that a woman cannot be appointed as a judge use the hadeeth of Abu Bakrah as evidence, and this is the view of the majority.” With regard to other administrative positions, there is no shar’i reason why women should not be appointed to run institutions where they will work with other women and not men, because in this case there are no shar’i reservations about their work. There is no validity in what most modern writers say about how women have to go out and take part in parliaments and public councils, and that these are part of the rights granted to women by Islam. These writers have not examined the issue from the correct Islamic viewpoint. The truth is clear, but unfortunately they look at it with minds filled with the heretic trends of East and West. Therefore you see them weakened and defeated, dazzled by the false civilizations of those nations, then they come 167
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and misinterpret the texts and change the words from their right places until they agree with their whims. We ask Allaah to keep us safe and sound. See: Fath al-Baari by Ibn Hajar, 13/55; Maraatib al-Ijmaa’ by Ibn Hazam, 125; Adwa’ al-Bayaan by al-Shanqeeti, 1/55; Sharh al-Sunnah by al-Baghawi, 10/77; Tafseer al-Qutubi, 1/271; al-Fasl fi’l-Milal wa’l-Nihal by Ibn Hazm, 4/110. (www.islamqa.com) 286: Ruling on Muslim women working as nurses and doctors Question: My wife is studing to become a nurse at a University, is it lawful to: -examine patients(male or female) and give them baths which are apart of the class projects. -examine men as a nurse in non-emergency situations at a non-muslim hospital. -work at a home for the mentally ill where the co-workers are male and the patients are also. Answer: Praise be to Allaah. If a woman finds that she has to work because of necessity, she is permitted to work outside the home, as is indicated by the fact that the two daughters of Shu’ayb used to water the sheep, and the story of Asma’ bint Abi Bakr working outside the home. If a woman is widowed with children, and has no breadwinner and is receiving no money from 168
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the Bayt al-Maal (treasury), it is permissible for her to earn a living. Although we say that a woman is permitted to work outside the home when it is necessary, she should nevertheless do only the work she needs to do in order to meet her needs. If a woman has professional skills which not every woman possesses, and which are needed by other woman and society as a whole, then it is permissible for her to practice her profession outside the home, so long as she adheres to the conditions prescribed by sharee’ah and has the permission of her legal (shar’i) guardian. The evidence that it is permissible for the woman to work outside the home in a field where there is a need for her work, as long as she adheres to the conditions prescribed by sharee’ah, is to be seen in the fact that at the time of the Prophet (peace and blessings of Allaah be upon him), midwives used to attend women in labour, and skilled women used to practice circumcision, and he did not condemn them for doing so. It is also known that Rufaydah al-Ansaariyyah used to treat the wounded in her tent, which had been set up in the mosque for that purpose. She was very skilled in treating the sick, and her work was done with the knowledge and express permission of the Prophet (peace and blessings of Allaah be upon him). Sa’d ibn Mu’aadh was transferred to her tent for treatment. This indicates that it is permissible for a woman to practice her profession outside the home, and by analogy we may deduce that it is permissible for a female doctor to open a clinic outside her home for the treatment of women and children. By doing this, she is fulfilling the duty of fard kifaayah (a duty falling on the entire community – if some people fulfil it, responsibility is lifted from the rest, otherwise all will be held accountable. Translator). Such clinics make it easy for sick women to come to a female doctor, hence they no longer have to uncover their ‘awrah before a male doctor when they need treatment. 169
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But this permission is given on the condition that this work does not affect her duties towards her own home, husband and children, and that she has her husband’s permission, because these duties are her individual duties (fard ‘ayn), which take precedence over her responsibilities towards the community (fard kifaayah). When there is any conflict, her individual duties must come first. (Al-Mufassal by ‘Abd al-Kareem, 4/272). Another hadeeth which describes Muslim women at the beginning of Islam practising a profession was narrated by Hafsah, concerning a woman who used to treat the wounded. Al-Bukhaari, may Allaah have mercy on him, reported in his Saheeh that Hafsah said: “A woman came and stayed at the fort of Bani Khalaf, and told us about her sister. Her sister’s husband used to go out on military campaigns with the Prophet (peace and blessings of Allaah be upon him). He had been on twelve campaigns, and she (his wife) had accompanied him on six. She said, ‘We used to treat the wounded and take care of the sick…’” (Reported by al-Bukhaari, no. 313). But a woman’s work as a nurse or doctor is regulated by the rules indicated in other Islamic texts. Al-Haafiz ibn Hajar, may Allaah have mercy on him, commenting on the above hadeeth, mentioned some of these conditions: “What we learn from this hadeeth is that a woman is allowed to offer medical treatment to a non-mahram man (one to whom she is not related), so long as this takes the form of bringing medicine to him, for example, or other forms of indirect treatment (i.e. with no touching or direct contact involved) – except in cases where it is necessary and there is no fear of temptation (such as in an emergency situation or in the event of a disaster).” If a woman works in complete hijaab, without touching a male patient, or being alone with him in any way, and as long as there is no fear that she may be the cause of 170
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temptation or be tempted herself, and she is not neglecting a more essential duty such as taking care of her husband or children, and she has the permission of her guardian, then it is permissible for her to work. In principle, men should be treated by male doctors and nurses, and women by female doctors and nurses. There should be no mixing of the sexes in medical treatment, except when it is necessary and as long as there is no fear of temptation. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
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Chapter 4 Transactions Employment for a Salary: Ruling on jobs 42521: Working as a lawyer in a country that is ruled by something other than that which Allaah has revealed Question: Is it permissible for me to work as a lawyer in a country that is ruled by something other than that which Allaah has revealed? And is my income halaal or haraam?. Answer: Praise be to Allaah. If a person works as an agent on behalf of another person and is what is known as a lawyer in a case in a country that is governed by man-made laws that go against Islamic sharee’ah, in every case in which he defends falsehood knowingly, relying in his defence on man-made laws, he is a kaafir if he regards doing that as being something permissible, or if he is heedless and does not care that he is going against the Qur’aan and Sunnah and following the laws that have been promulgated by man. Whatever he earns for doing that is haraam income. In every case in which he defends falsehood knowingly, believing it is haraam but motivated by greed to earn money by winning on the case, he is a sinner who is committing a major sin, and whatever he earns is haraam income and it is not permissible for him to take it. 172
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If he defends his client in a case in which he believes that he is in the right in shar’i terms, and he strives according to what he knows from the evidence of sharee’ah, then he will be rewarded for that, excused for his mistakes, and he is entitled to be paid for his defence. If he defends his brother’s rights and believes that he is right, then he will be rewarded and is entitled to the payment that he has agreed upon with his client. From Fataawa al-Lajnah al-Daa’imah, 23/497. (www.islam-qa.com) 42523: Working as a lawyer in the Islamic judicial system Question: What is the position of a lawyer in the Islamic judicial system, where as is customary he tries by all means to get a judgement in favour of his client?. Answer: Praise be to Allaah. The position of a lawyer in the Islamic judicial system is that he is the deputy or agent of the one of the two parties who has appointed him to represent him, either the plaintiff or the defendant. The one who appointed him should be moderate in seeking his rights and be fair with his opponent. If both parties adhere to that it will be better for both of them, and that will help the judge to make a decision in cases of dispute. If the disputant or his deputy insist on deceiving and going to extremes in their arguments in order to make gains even if they are haraam, then they are sinning and consuming people’s wealth 173
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unlawfully, and they are causing confusion to the judge, unless Allaah guides the judge by His grace and mercy and help them to make the right decision, so that the dispute may be resolved fairly. 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, 32/501. (www.islam-qa.com) 12600: Being paid a salary by a company even though one does not work for them Question: During the summer holidays many young men go to the employment office to find summer jobs, especially those who complain of boredom or who want to get some work experience or earn money – which is the usual reason. When a young man goes to the employment office they send him to an institution or a particular company to work there for the summer. When he goes to the institution, either they put him to work or they tell him to come back at the end of the month and we will give you the salary, without him working for them. Even if he asks them to give him any work to do, they do not give him any, but they give him the salary because they are afraid of the employment office. What is the ruling on taking this salary?. Answer: Praise be to Allaah. 174
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It seems that the money taken from these institutions and companies is haraam, because 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] And the Prophet (peace and blessings of Allaah be upon him) said: “It is not permissible to take the wealth of a Muslim unless he gives it willingly.” Narrated by Ahmad, 20172; classed as saheeh by alAlbaani in Irwa’ al-Ghaleel, 1459. The reason for that is that this money is being given to you under compulsion; no commercial company that seeks to make a profit would give salaries to employees who do not do any work for them. The questioner states that they are doing that out of fear of the employment office, so it seems that they are giving it out of fear of some punishment or penalty. This is also a kind of consuming people’s wealth unlawfully. Based on this, it is not permissible for you to take this salary. You have to return the money to them. We ask Allaah to help you to do that which is good, and to make it easy for you to do good wherever it is. We appreciate your keenness to ask about the ruling on this money; this is an indication of goodness in you. We ask Allaah to compensate you with something better. And Allaah knows best. Islam Q&A (www.islam-qa.com) 175
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20100: It is permissible to accept payment for teaching Qur’aan Question: Is it right to take/accept money for teaching Quran? Answer: Praise be to Allaah. The Standing Committee was asked about whether it is permissible to accept payment for teaching Qur’aan. They replied: Yes, it is permissible to accept payment for teaching Qur’aan according to the more correct of the two scholarly views, because of the general meaning of the hadeeth: “The thing for which you most deserve to take payment is the Book of Allaah,” (narrated by al-Bukhaari), and because there is a real need for that. And Allaah is the Source of strength. May Allah bless our Prophet Muhammad. Fataawa al-Lajnah al-Daa’imah, vol. 4, p. 91 (www.islam-qa.com) 46704: Ruling on working as a security guard in an hotel Question: I am working as a security guard in an hotel. Is this work of mine halaal or haraam?. 176
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Answer: Praise be to Allaah. It is permissible to work as a security guard in an hotel, so long as the hotel is not a place where immoral actions are committed openly and the sacred limits of Allaah transgressed, such as zina (adultery), drinking alcohol, and so on, because in that case working there would be a kind of cooperating in sin and transgression, and failing to denounce evil. The Standing Committee for Issuing Fatwas was asked about someone who works in furnished apartments and rooms, and sees things that anger Allaah, because acts of homosexuality and adultery are committed there, and people drink alcohol and gamble. And they were asked about the ruling on one’s salary in that case. They replied: It is not permissible for you to do this work for one who rents out these furnished rooms and apartments that are used for sin and evil actions, because this is a kind of cooperating in sin and transgression. The wages that you receive for that are haraam for you, because they are given in return for a haraam action. Look for permissible kinds of work, and there are enough halaal jobs that you have no need of anything 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). 3. And He will provide him from (sources) he never could imagine” [al-Talaaq 65:2-3] 177
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May Allaah make things easy for your and for every Muslim. And Allaah is the Source of strength, May Allaah send peace and blessings upon our Prophet Muhammad and upon his family and companions. Fataawa al-Lajnah alDaa’imah, 15/110. Islam Q&A (www.islam-qa.com) 41105: Ruling on working in a company that promotes satellite channels Question: I am sending this message to you because I am so anxious about this problem, namely the place where I work. It is a satellite TV company, one of whose channels is the Iqra’ religious channel which broadcasts religious programming, but there are also other channels such as music channels and Arabic movies. What should I do? Praise be to Allaah, I am a religiously-committed and bearded young man and I follow the Sunnah of the Prophet (peace and blessings of Allaah be upon him). My work is in the switchboard of the company; I answer the phones and transfer calls to the employees, and vice versa. At the same time I am looking for other work, but I cannot find anything. In my heart I am worried because of this work. Every time I hear the hadeeth of the Prophet (peace and blessings of Allaah be upon him), “The slave’s feet will not move on the Day of Resurrection until he has been asked about four things,” including his wealth, I get worried because of that. I hope that you will advise me. Answer: Praise be to Allaah. We ask Allaah to guide you towards that which is best for 178
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your religious commitment and worldly affairs, and we ask Allaah to grant you a goodly (halaal) provision and to bless it for you. Your work in this company is not permissible, and it is haraam earnings, because this company facilitates channels that promote immorality, deviation and misguidance. Allaah has forbidden us to commit sin and do haraam things directly, and He has also forbidden us to help others in doing so. 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] “Help you one another in AlBirr and AtTaqwa (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] Anyone who thinks about these immoral channels will be amazed by the audacity of these people in spreading immorality and opposition to sharee’ah and decent morals. For every deviation, temptation or misguidance caused by these channels to any individual, those who produce and work for these channels have a share of the sin. Allaah says (interpretation of the meaning): 179
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“That they may bear their own burdens in full on the Day of Resurrection, and also of the burdens of those whom they misled without knowledge. Evil indeed is that which they shall bear!” [al-Nahl 16:25] It was narrated that Abu Hurayrah (may Allaah be pleased with her) said: The Prophet (peace and blessings of Allaah be upon him) said: “… whoever calls to misguidance will have a burden of sin like that of those who follow him, without that detracting from their sins in the slightest.” Narrated by Muslim, 2674. Our advice to you is to leave this job, and look for other work that is halaal and good. Be patient in bearing the problems that you will encounter, for the reward of Allaah is precious. What matters is not the work, rather what matters is that the work should be halaal. Beware of nourishing your body on haraam food (earned through haraam work), and remember that no soul will die until it has received its provision in full and lived the time span decreed for it. Read the following hadeeth well and think about it: The Prophet (peace and blessings of Allaah be upon him) said: “There is nothing that will bring you closer to Paradise but I have enjoined it upon you, and there is nothing that will bring you closer to Hell but I have forbidden it to you. The Holy Spirit (i.e. Jibreel) inspired to me that no soul will die until it has been given its provision in full. Fear Allaah and be moderate in seeking a living, and do not let the fact that it is slow in coming make you seek it by disobeying Allaah, for that which is with Allaah cannot be attained except by obeying Him.” See al-Silsilah al-Saheehah, 2866. Remember that Allaah has commanded us to eat from 180
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that which is good and permissible (al-tayyibaat) and He has told us that haraam wealth is one of the things that prevent du’aa’s from being answered. It was narrated that Abu Hurayrah (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Allaah is Good and does not accept anything but that which is good. Allaah has issued the same command to the believers as He issued to the Messengers, when He said (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’ [al-Baqarah 2:172].” Then he mentioned a man who has traveled for a long time and is disheveled and dusty, and stretches forth his hands towards heaven, saying, “O Lord, O Lord,” but his food is haraam, his drink is haraam, his clothing is haraam and his nourishment is haraam, so how could he receive a response? Narrated by Muslim, 1015. So seek the help of Allaah and seek reward from Allaah. We ask Allaah to give you strength and guidance. And Allaah knows best. Islam Q&A (www.islam-qa.com) 181
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39461: Ruling on working for the customs and tax department Question: I work in the Customs, but I have heard that this work is not permissible according to sharee’ah, so I have started to research this matter. I have been looking into it for long time but I have not reached any conclusion. I hope that you can explain the matter as much as possible. Answer: Praise be to Allaah. Firstly: With regard to working in the customs and charging money on the goods and luggage that people bring with them, the basic principle is that it is haraam, because it involves wrongdoing and helping others in wrongdoing. It is not permissible to take the wealth of a man who is protected by sharee’ah unless he gives it willingly. The texts indicate that the maks (customs tax) is emphatically forbidden. For example, the Prophet (peace and blessings of Allaah be upon him) said concerning the Ghaamidi woman who committed zina and was stoned to death: “She has repented in such a way that if the one who collects the maks were to repent in this manner, he would be forgiven.” Narrated by Muslim, 1695. Al-Nawawi (may Allaah have mercy on him) said: This shows that the maks is one of the most heinous of the sins that doom a person to Hell, because it is repeatedly demanded and the one who does that wrongs too many 182
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people and takes their wealth unlawfully and spends it unlawfully. Ahmad (17333) and Abu Dawood (2937) narrated that ‘Uqbah ibn ‘Aamir (may Allaah be pleased with him) said: I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say: “No one who collects the maks will enter Paradise.” Shu’ayb al-Arna’oot said: it is hasan because of corroborating reports. Al-Albaani classed it as da’eef in Da’eef Abi Dawood. The maks is a tax that is imposed on people. The one who collects it is called maakis or makkaas or ‘ashshaar, because he takes one-tenth (al-‘ushr) of the people’s wealth. The scholars have described several forms of the maks, for example: - It was something done by the people of the Jaahiliyyah, and it was money that were taken from vendors in the marketplaces. - It was money that the zakaah-collector would keep for himself after collecting the zakaah - It was money that was taken from merchants when they passed through, calculated on the basis of loads of goods, heads of livestock, etc. This is the most similar to modernday customs. These three kinds of maks were mentioned in ‘Awn alMa’bood, where the author says: In the dictionary, maks means loss and wrongdoing, and money that was taken from vendors in the marketplace during the Jaahiliyyah. Or it is money taken by the zakaahcollector after he has finished collecting zakaah. 183
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It says in al-Nihaayah: It is a tax that was collected by the maakis, who is the ‘ashshaar. In Sharh al-Sunnah it says: What is meant by the one who collects the maks is the one who takes it from the merchants when they pass through. Al-Shawkaani said in Nayl al-Awtaar: The one who collects the maks is the one who is in charge of the taxes that he collects from the people unlawfully. The maks is haraam according to scholarly consensus, and some of the scholars have stated that it is a major sin. It says in Mataalib Ooli al-Nuha (2/219): It is haraam to collect tithes (take one-tenth) from the wealth of the Muslims and to impose taxes on the people in ways that are not prescribed in sharee’ah, as the kings do. There is scholarly consensus on this point. Al-Qaadi said: There is no room for ijtihaad in this matter. Ibn Hajar al-Makki said in al-Zawaajir ‘an Iqtiraaf alKabaa’ir (1/180): The one hundred and thirtieth major sin is collecting the maks and anything that is involved in that, such as writing it down but not for the purpose of protecting people’s rights by recording it so that it may be returned at a future date. This is included in 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] All of those who are involved in collecting the maks – 184
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those who write it down, those who witness it, those who weigh and measure it, etc – are among the greatest helpers of the oppressors, indeed they are themselves oppressors, for they take that to which they are not entitled and give it to those who are not entitled to it. Hence the collector of the maks will not enter Paradise, because his flesh is nourished on haraam things. Moreover, they have been appointed for the purpose of wronging the people. From where will the collector of the maks give back to the people what he took from them? They will take from his good deeds, if he has any, and he is included in the words of the Prophet (peace and blessings of Allaah be upon him), as narrated in the saheeh hadeeth, “Do you know who is the one who is bankrupt?” They said: “O Messenger of Allaah, among us the one who is bankrupt is the one who has no money or goods.” He said: “The one who is bankrupt among my ummah is the one who will come on the Day of Resurrection with prayer, zakaah and fasting (to his credit), but he slandered this one and beat that one, and took the wealth of this one. So they will all come and take from his good deeds, and if his good deeds run out before he has paid back all that he owes, some of their bad deeds will be taken and cast upon him, then he will be thrown into Hell.” It was narrated from ‘Uqbah ibn ‘Aamir that he heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say: “No collector of the maks will enter Paradise.” Al-Baghawi said: what is meant by the collector of the maks is the one who takes a maks or tithe from the merchants when they pass through in the name of zakaah. Al-Haafiz al-Mundhiri said: But now they take a maks or one-tenth, and another tax with its own name. What they take is haraam and forbidden, and they consume it like 185
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taking fire into their bellies. Of no use is their dispute before their Lord, and on them is wrath, and for them will be a severe torment [cf. al-Shoora 42:16]. Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said in al-Siyaasah al-Shar’iyyah, p. 115: As for those who do not waylay people and rob them on the road, but rather take money in return for protection, or take taxes from wayfarers on heads of livestock, loads carried and so on, these are collectors of the maks who will suffer the same punishment as those who collect the maks. They are not bandits (who kill people and steal from them) who prevent people from travelling at all, but they will still be the most severely punished of all people on the Day of Resurrection, because the Prophet (peace and blessings of Allaah be upon him) said concerning the Ghaamidi woman: “She has repented in such a way that if the one who collects the maks were to repent in this manner, he would be forgiven.” The Standing Committee for Issuing Fatwas was asked about working in riba-based banks and working for the tax department or for the customs, where one inspects permissible goods and haraam goods such as alcohol and tobacco, and sets the taxes to be paid on them. They replied: If the work being done for the tax office is as described, then it is haraam, because it involves wrongdoing and injustice, and because it involves approving of haraam things and imposing taxes on them. Fataawa al-Lajnah al-Daa’imah, 15/64 Thus it should be clear that taking these taxes and payments, or writing them down, or helping with them, is emphatically haraam. 186
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Secondly: Seeing that this wrongdoing is prevalent among the Muslims, and that your refusing to work in this field will not change the situation, in this case, if we cannot do away with the evil altogether, we should strive to reduce it as much as possible. If you work in this field with the aim of stopping oppression and reducing it for the Muslims as much as you can, then in this case you will be doing good. But whoever enters this field for the purpose of earning a salary, or to apply the (man-made) laws, and so on, it is a kind of oppression and wrongdoing, and he is one of those who collect the maks. He does not take anything unlawfully from anyone but the equivalent will be taken from his good deeds on the Day of Resurrection. We ask Allaah to keep us safe and sound. Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said in Majmoo’ al-Fataawa (28/284): It is not permissible for a man to aid in oppression or wrongdoing. Cooperation is of two types: 1 – Cooperation in righteousness and piety, such as jihad, upholding the sacred limits set by Allaah, protecting people’s rights, and giving people their dues. These are things that have been enjoined by Allaah and His Messenger. 2 – Cooperation in sin and transgression, such as helping to shed the blood of one who is protected by sharee’ah, or taking the wealth of one who is protected by sharee’ah, or beating one who does not deserve to be beaten, and so on. These are things that have been forbidden by Allaah and His Messenger. Sharee’ah may be summed up in the words (interpretation 187
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of the meaning): “So keep your duty to Allaah and fear Him as much as you can” [al-Taghaabun 64:16] and in the words of the Prophet (peace and blessings of Allaah be upon him): “Whatever I enjoin upon you, do as much as of it as you can.” Narrated in al-Saheehayn. However, what we must strive to do is to achieve what is in the people’s best interests and to reduce or cancel what is detrimental to their interests. If there is a conflict, then we should see where the interests of the Muslims are greater, then pursue that, even if that is at the expense of another interest of the Muslims. We should also strive to ward off the greater evil even if that means allowing a lesser evil. This is what is prescribed in Islam. The one who helps others in sin and transgression is the one who helps the wrongdoer in his wrongdoing. As for the one who helps the one who has been wronged to lessen that wrong, or helps to ensure that his rights are restored, he is working for the one who has been wronged, not for the wrongdoer, like the one who lends money to the one who has been wronged. For example, if the guardian of an orphan or the person in charge of a waqf is asked for money by an oppressor and he strives to ward that off by giving less money to him or to someone else after trying hard to resist, then he has done well, and “No ground (of complaint) can there be against the Muhsinoon (good-doers” [al-Tawbah 9:91 – interpretation of the meaning]. Similarly if an unfair tax is imposed upon the people of a town, road, marketplace or city, and a man among them intervenes to ward it off from them as much as possible, and he tries to divide it into installments so that it is within their ability to pay without trying to win concessions for himself or for any other person, and without taking any bribe, but rather he acts on their behalf, then he has done good. But usually the one who gets involves in such matters is 188
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working on behalf of the oppressors, siding with them, accepting bribes and letting some people off whilst imposing the charge on others. This is one of the worst kinds of wrongdoers who will be gathered in boxes of fire, them, their helpers and the like, and they will be thrown into Hellfire. And Allaah knows best. Islam Q&A (www.islam-qa.com) 27068: Should he take what he entitled to without the one who wronged him knowing? Question: I am always follow halal and avoid haram.I work in a shop it belongs to a ju(yahooth)and he seems as a munafik.He had a lot of shops and he closed it suddenly to claim the money from the government and he sack the people without paying their wages.and he keep 5 people (including me) and open another branch.he didn’t pay the wages for the previous month.after he paid some amount less than wages a month ago,but he didn’t pay for the previous a big amount.and now shop taking is alright but he doesn’t pay us and saying no money.now we face difficulies without our wages and this the only income to us.one my colleques is also a muslim he and another person said will take our wages every day from sales if he pay our wages properly and whole amount then we can put it back to the till and they follow it.But I am affraid to do it as whether it will be haram or not.I am finding difficulties and I heard he wants to send us also.then we will never get our wages.so please clear my dout and guide me according to islam.again I want to mention I work honestly,but he is realy munafik (israel). 189
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Answer: Praise be to Allaah. The scholars call this issue “the issue of settling scores”, concerning which there is a dispute among the scholars. Some of them say that it is not allowed to take what one is entitled to from a wrongdoer, and some say that it is allowed subject to the condition that he does not take more than he is entitled to and that there is no risk of being found out and punished. The latter is the correct view. Shaykh al-Shanqeeti (may Allaah have mercy on him) said: If someone wrongs you and takes something of yours in an unlawful manner, and you cannot prove it, but you are able to do something similar to the way in which he wronged you, with no risk of being found out or punished, do you have the right to take what you are entitled to or not? The more correct of the two scholarly opinions, and the one which seems closest to the apparent meaning of the texts and is based on the more sound analogy, is that you may take that to which you are entitled, and no more, because Allaah says (interpretation of the meaning): “then punish them with the like of that with which you were afflicted” [al-Nahl 16:126] “Then whoever transgresses the prohibition against you, you transgress likewise against him” [al-Baqarah 2:194] Among the scholars who were of this view are: Ibn Sireen, Ibraaheem al-Nakha’i, Sufyaan and others. 190
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A number of scholars – including Maalik – said that this was not permitted. This is the view of Khaleel ibn Ishaaq al-Maaliki in his Mukhtasar, where he said concerning goods placed with a person for safekeeping: He does not have the right to take anything from them because that person wronged him. Those who held this view quoted as evidence the hadeeth: “Render back trusts to the one who entrusted it to you, and do not betray the one who betrays you.” This hadeeth – even if we assume that it is saheeh – cannot be taken as evidence in this context, because the one who takes as much as he is entitled to, and no more, is not betraying the one who betrayed him, rather he is settling the score fairly with the one who wronged him. Adwa’ al-Bayaan, 3/353 This is also the view of al-Bukhaari and al-Shaafa’i, as narrated by Abu Zar’ah al-‘Iraaqi in Tarh al-Tathreeb, 8/ 226. Al-Tirmidh narrated that it was the view of some of the Taabi’een, among whom he mentioned Sufyaan alThawri. The hadeeth quoted by those who do not allow it is the hadeeth of Abu Hurayrah who said: The Prophet (S) said: “Render back trusts to the one who entrusted it to you, and do not betray the one who betrays you.” Narrated by al-Tirmidhi, 1264; Abu Dawood, 3535; classed as saheeh by al-Albaani in al-Silsilah al-Saheehah, 423. So you can take what you are entitled to from this Jew who owns the workplace, provided that you do not take more than what you are entitled to, and provided that there is no risk of being found out, which may damage the image of Islam, because you cannot prove your rights to people. 191
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If he gives you what you are entitled to after that, in whole or in part, then you have to return what you took from him that is surplus to what you are entitled to. And Allaah knows best. Islam Q&A (www.islam-qa.com) 47513: Ruling on taking part in building a resort village Question: I work as a civil engineer in a company that takes on major contracts. The company has asked me to travel to a large resort city to build a resort village there. What is the ruling on that? Please note that I will lose my job if I refuse. May Allaah reward you with good. Answer: Praise be to Allaah. It is well known that building a resort village involves a number of things that go against sharee’ah, such as making it easy for people to indulge in mixing, wanton display, unveiling, nakedness, alcohol, riba (usury) and many other things that are known to those who work in this area. The resort villages in your country, especially in the area mentioned, are well known for the many haraam things that go on there. As that is the case, taking part in building these resorts or helping in that comes under the heading of cooperating in sin and transgression. Allaah says (interpretation of the meaning): 192
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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] If a person sits with those who are committing sin and does not condemn it, then he bears the same burden of sin as they do, just for sitting with them. Similarly the one who sits with those who mock the signs (or verses) of Allaah bears the same burden of sin as they do, even if he does not mock with them, as 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. Surely, Allaah will collect the hypocrites and disbelievers all together in Hell” [al-Nisa’ 4:140] If this is the case of one who sits with them, then how about one who helps them to build the houses in which they will commit evil and disobey Allaah, or houses in which they will mock the signs of Allaah and so on! You have to advise your bosses that what they are doing is haraam, and that they are partners in sin. If they do not respond, then excuse yourself from doing this work for any reason. For example, you could ask them to transfer you to another site where something permissible is being built, or you could say that it is too far away, or you could take an official holiday. If you cannot do that – but we do not think that the matter will go that far, in sha Allaah – then look for another job. 193
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I ask Allaah to help you to do the right things, for the burdens of this world are lighter than the punishment of the Hereafter. And Allaah knows best. Islam Q&A (www.islam-qa.com) 47396: Ruling on working as the manager of an Internet café Question: I work as the manager of an internet café (a place where individuals can rent computers to access the internet in return for payment of a fee). But some of the people misuse the internet to chat with girls, knowing that there is a video camera and they can see the other party. Some people go to Islamic sites and some go to do some work, and some speak to their family and relatives in other countries. Is this work of mine haraam, or is the sin on those who misuse the internet? Please note that I am not the owner of the café, i.e., I cannot prevent that, and I do not have any other work apart from this and I need the job, because job opportunities are few and far between and I was out of work for six months. Answer: Praise be to Allaah. Undoubtedly the burden of sin rests primarily on the one who commits the haraam action, whether that is looking, writing or speaking, but a share of it also rests on the one who helps him to do that and makes it easy for him, and also on the one who sees an evil action but does not 194
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denounce it. In the answer to question no. 34672 we have stated the ruling on working in an internet café: It is not permissible to work or invest in internet cafes unless they are free of evils. That includes not allowing patrons to enter haraam sites, by blocking them or by throwing those patrons out if they persist in using them. That is because Allaah says (interpretation of the meaning): “Help you one another in AlBirr and AtTaqwa (virtue, righteousness and piety); but do not help one another in sin and transgression. And fear Allaah. Verily, Allaah is Severe in punishment” [al-Maa’idah 5:2] And 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 (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), but that is the weakest of faith.” Narrated by Muslim, 49. Shaykh Ibn Baaz (may Allaah have mercy on him) said: Denouncing it in one’s heart is obligatory for everyone. That means hating the evil action and shunning those who do it, if one is unable to denounce it by taking action or speaking out.” From: al-Durar al-Saniyah fi al-Ajwabah al-Najdiyyah, 16/142. If it not possible to regulate what happens in this café and prevent evil things, it is not permissible to open such a café, as a precaution against falling into sin and disobedience. If you cannot denounce evil in this café then you should save yourself and shun those who commit sin. There is 195
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no guarantee that the wrath and anger of Allaah will not befall them. Look for permissible work from which you can acquire permissible wealth. We remind you that 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] Al-Qurtubi (may Allaah have mercy on him) said in his Tafseer: The words “then sit not with them, until they engage in a talk other than that” mean: words other than kufr. “(But if you stayed with them) certainly in that case you would be like them” – this indicates that it is essential to avoid sinful people if they commit some evil action, because whoever does not avoid them is in effect approving of their actions, and approval of kufr is itself kufr. Allaah says, “you would be like them”, so whoever sits in a gathering of sin and does not denounce them bears a burden of sin just like theirs. They should be denounced if they speak of sin or commit sin. If a person is not able to denounce them then he should get up and leave so that he will not be one of those mentioned in this verse. It was narrated from ‘Umar ibn ‘Abd al-‘Azeez that he punished some people for drinking alcohol, and it was said to him concerning one of those who were present that he was fasting. So he punished that man more severely and recited this verse: “you would be like them” – i.e., approving of sin is in itself a sin. Hence the one who does the action and the one who approves of it are both to be subjected to the punishment for that sin, so they are all doomed. (5/418). 196
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Moreover there is the fear that if a person works in these places his faith will become weak and the sense of protective jealousy (gheerah) will vanish from his heart. The Shaytaan may even entice him to commit sin. Allaah says (interpretation of the meaning): “O you who believe! Follow not the footsteps of Shaytaan (Satan). And whosoever follows the footsteps of Shaytaan (Satan), then, verily, he commands AlFahsha’ [i.e. to commit indecency (illegal sexual intercourse)], and AlMunkar [disbelief and polytheism (i.e. to do evil and wicked deeds; and to speak or to do what is forbidden in Islam)]” [al-Noor 24:21] It should be noted that whoever gives up something for the sake of Allaah, Allaah will compensate him with something better than it, and that what is with Allaah can only be attained by obeying Him. 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] We ask Allaah to provide you with permissible, good work and to bless it for you. And Allaah knows best. Islam Q&A (www.islam-qa.com) 197
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49829: Ruling on working for a company that maintains the Central Bank building Question: I am an engineer, I graduated nearly two years ago, and I looked for suitable work but I could not find anything. Praise be to Allaah, I am well off and live with my father, but I hoped that Allaah would enable me to find work so that he will stop worrying about me sitting and not working or doing anything useful. Now I have found the opportunity to work in a private company that maintains and operates the Central Bank, on an annual contract and with a decent salary. Is the ruling on working for this company the same as the ruling on working in banks? I hope you can answer my question… What if I tell the company that I do not want to work in the bank and ask them to transfer me elsewhere – will the same ruling apply? Please note that I have not found work until now. Answer: Praise be to Allaah. It is not permissible for you to work in the Central Bank either directly or by working for a company that maintains and operates the bank’s equipment, because this involves cooperating in sin and transgression. This central bank is responsible for all the banks and for deciding their interest rates (riba) and enforcing their regulations and promulgating laws and systems that go against the laws of Allaah. If you work for a maintenance and operation company 198
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there is no reason why you should not maintain and operate companies that deal with things that are permissible according to the rulings of sharee’ah, even if your company has other branches that deal with things that are not permissible. What is important for you is not to accept work in this field; you should look for another field where you can operate and maintain things that are permissible according to sharee’ah. On this site you will find many fatwas concerning the ruling on working for riba-based banks and for organizations that guard riba-based banks or operate programs for them. We have quoted in these fatwas the comments of the scholars stating that such jobs are haraam, and this applies completely – if not more emphatically – to companies that take care of these banks. See also the answers to questions no. 21113, 21166, 28771. And Allaah is the Source of strength. Islam Q&A (www.islam-qa.com) 47067: Using the company’s property for personal things Question: We work for a public company and we use the company’s machines and equipment to copy some Islamic articles so that others can benefit from them. We also listen to the lectures of shaykhs and daa’iyahs and recordings of Qur’aan on the computer. Please note that this does not conflict with work time and we only do this during our spare time, after finishing work. Is it permissible for us to do that? With regard to what is mentioned above, will repentance from that be sufficient?. 199
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Answer: Praise be to Allaah. It is not permissible to use copiers and other machines in ways that involve using up things that belong to the company, even if that is done for the purpose of distributing Islamic articles, because the employee is in a position of trust with regard to what he has been given and what he has been made responsible for. So it is not permissible to dispose of or use things that have been entrusted to him for purposes other than work. If it is a private company and is owned by a specific individual, and the owner allows such uses (of machines etc), then there is nothing wrong with that, because it is like a donation from the owner. But if it is a government company then that is not permitted, even if your boss at work gives permission, because he does not own those things himself, so how can he give them to someone else? The same applies to using the computer to listen to lectures and Qur’aan, especially if that involves using the internet etc, which incurs costs for the company. Even if it does not incur costs for the company, it is still a dubious area, because it still involves wear and tear on the computer for purposes other than work. The point is that it is not permissible to do such things, and you have to repent to Allaah and pay back whatever you have used up. If you used papers for photocopying, then you have to give back similar papers. You also have to pay for using the photocopier. If you cannot work out how much expense is involved, do your best to pay off what you owe. You can give paper instead, or something else that will benefit the workplace. 200
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Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: What is the ruling on using government cars for personal purposes? He replied: Using government cars and other equipment that belongs to the state, such as photocopiers, printers, etc for personal purposes is not permissible, because these things are for the public interest and if a person uses them for his own personal needs, this is a kind of aggression against all the people. If something belongs to the Muslims as a whole, it is not permissible for one person to use it for himself. The evidence for that is the fact that the Prophet (peace and blessings of Allaah be upon him) forbade ghulool, i.e., a person taking something from the war-booty for himself, because this (the war-booty) is public property. If a person sees someone using government equipment or cars for his own purposes he should advise him and explain to him that this is haraam. If Allaah guides him, then this is the desired outcome; if not, then he should report him, because that is a kind of cooperating in piety and righteousness. And it was proven that the Prophet (peace and blessings of Allaah be upon him) said: “Support your brother whether he is a oppressor or oppressed.” They said: O Messenger of Allaah, (we know how to help) if he is oppressed, but how (can we help him) if he is an oppressor? He said: “Prevent him from doing wrong, that is how you help him.” And he was asked: If his boss agrees to that, is there any sin on him? He (may Allaah have mercy on him) replied: Even if the boss agrees with that, the boss does not own that thing, so how can he give permission to someone else to use it? Liqa’ al-Baab il-Maftooh, question 238. See also questions no. 40509 and 4651. Islam Q&A (www.islam-qa.com) 201
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43062: He works as the deputy manager in a hotel that sells alcohol – what is the ruling on his work? Question: I work in a hotel as a deputy manager and as manager of reception. Is this job regarded as haraam or makrooh, because the hotel sells alcohol, but I have nothing to do with selling it, buying it, carrying it or serving it – on the contrary my job is solely administrative. Thank you. Answer: Praise be to Allaah. It is not permissible to work in a hotel in which sins are committed, such as drinking alcohol, zina and so on, because it is helping in sin and transgression and failing to denounce evil. 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. Surely, Allaah will collect the hypocrites and disbelievers all together in Hell” [al-Nisa’ 4:140] Al-Qurtubi said: The words of Allaah “then sit not with them, until they engage in a talk other than that” mean something other than kufr. “(but if you stayed with them) certainly in that case you would be like them” this indicates that it is essential to avoid sinners if they are committing evil openly, because the one who does 202
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not avoid them is approving of their actions, and approving of kufr is itself kufr. Allaah says “certainly in that case you would be like them”, so everyone who sits in a sinful gathering and does not denounce them shares the burden of sin with them. He should denounce them if they speak sinful words or commit sinful actions; if he is not able to denounce them then he should get up and leave them, so that he will not be among the people mentioned in this verse. It was narrated that ‘Umar ibn ‘Abd al-‘Azeez (may Allaah be pleased with him) caught some people drinking alcohol, and it was said to him that one of the people present was fasting, but he carried out the punishment on him too and recited this verse: “certainly in that case you would be like them”, i.e., approving of a sin is also sin. Hence the one who did it and the one who approved of it were both punished for sin, so they are all doomed. The similarity between the two does not apply in all aspects, but they may appear to be partners in the sin, because a person is influenced by his companion. Moreover there is the fear that if a person works in such places his faith will become weak and he will lose any sense of gheerah (protective jealousy, pride). The Shaytaan may entice him to commit sin. Allaah says (interpretation of the meaning): “O you who believe! Follow not the footsteps of Shaytaan (Satan). And whosoever follows the footsteps of Shaytaan (Satan), then, verily, he commands AlFahsha’ [i.e. to commit indecency (illegal sexual intercourse)], and AlMunkar [disbelief and polytheism (i.e. to do evil and wicked deeds; and to speak or to do what is forbidden in Islam)]” [al-Noor 24:21] 203
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Remember the words of Allaah (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 the Prophet (peace and blessings of Allaah be upon him) said: “Whoever gives up a thing for the sake of Allaah, Allaah will compensate him with something better than that.” Classed as saheeh by al-Albaani. Do not forget that no soul will ever die until it has been given its full provision, sooner or later. We ask Allaah to help you to give up this job willingly and to compensate you with something better than it, and to grant you provision by His bounty, and to grant us and you sufficient means from that which is permissible so that we have no need of that which is forbidden. And Allaah knows best. Islam Q&A (www.islam-qa.com) 50074: Is it permissible for him to sell gifts that have to do with kaafir festivals? Question: There is a factory that makes glass gifts, such as perfume bottles and candlesticks and exports them to other 204
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countries. I have been offered a position with responsibility for exports, but the factory will ask me to make some gifts that are just for Christian holidays (Christmas) such as crosses and images. Is this work permissible? I fear Allaah now that I have been blessed with some knowledge and have memorized His Book. Answer: Praise be to Allaah. It is not permissible for any Muslim to join in the festivals of the kuffaar, whether by attending the festivities or enabling them to hold their celebrations, or selling any goods or products that have to do with these festivals. Shaykh Muhammad ibn Ibraaheem (may Allaah have mercy on him) wrote to the Minister for Trade, saying: From Muhammad ibn Ibraaheem to His Excellency the Minister for Trade, may Allaah preserve him. Peace be upon you and the mercy of Allaah and His blessings. We have been told that last year, some traders imported gifts for Christmas and the Christian New Year, including Christmas trees, and that some citizens bought these and gave them as gifts to Christian foreigners in our country, joining them in this festival. This is an evil action which they should not have done. Undoubtedly you know that this is not permissible, and you are aware of what the scholars have said about there being scholarly consensus on the prohibiton on joining the kuffaar, mushrikeen and people of the Book in their festivals. 205
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We hope that you will issue a ban on these gifts that have been brought into our country and other things that come under the same ruling and are things that are unique to their celebrations. Fataawa al-Shaykh Muhammad ibn Ibraaheem, 3/105. Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) was asked: Some Muslims join the Christians in their celebrations. What is your advice? He replied: It is not permissible for any Muslim man or woman to join the Christians, Jews or others kaafirs in their festivals, rather that must be avoided, because “Whoever imitates a people is one of them.” The Prophet (peace and blessings of Allaah be upon him) warned us against imitating them and adopting their ways. So the believer, man or woman, must beware of that; it is not permissible to help them in doing that in any way, because these festivals are against sharee’ah, so it is prohibited to take part in them or to cooperate with the people who are celebrating it, or help them in any way, whether by helping them to serve tea or coffee or in other ways such as providing vessels etc, 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. And fear Allaah. Verily, Allaah is Severe in punishment” [al-Maa’idah 5:2] Joining in with the kuffaar on their holidays is a kind of cooperating in sin and transgression. Majmoo’ Fataawa al-Shaykh Ibn Baaz, 6/405 206
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In a statement issued by the scholars of the Standing Committee concerning joining in celebrations of the Millennium, they said: … It is not permissible for a Muslim to cooperate with the kuffaar in any way with regard to their festivals, such as announcing and publicizing their festivals, including the Millennium mentioned above, or promoting them by any means, whether that is via the media or by setting up clock to “count down” to the Millennium, or making clothes or other items that commemorate the occasion, or printing greeting cards or stationery marking this occasion, or offering special discounts or prizes on these occasions, or holding sporting events or producing special logos for them etc. Based on this, it is not permissible for you to participate in making anything that has to do with the festivals of the kuffaar; you should leave this job for the sake of Allaah, and Allaah will compensate you with something better than it in sha Allaah. And Allaah knows best. Islam Q&A (www.islam-qa.com) 34518: If there is half an hour left of the regular work hours of a field worker, should he go back to the office? Question: What is the ruling on a field worker who moves from site to site for his work, when sometimes there is only half an hour left of his regular hours, and if he goes back to the office it will take him half an hour to get there, then his 207
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day will be over. Is it permissible for him to go home in this case? Or what should he do?. Answer: Praise be to Allaah. There is no doubt that you are required to be present for the hours agreed upon in your work contract, and there are no exceptions apart from occasions when permission is given for work purposes or for some need. Based on this, you should inform your superiors of the situation, and if they give you permission to go home, then you may go home, otherwise you have to go back to the office. And Allaah knows best. Islam Q&A (www.islam-qa.com) 40234: He told the students to pay money towards classroom renovations and he gives them grades accordingly Question: The teacher asked us to pay 30 riyals before the exam for renovating the classroom, and he gave extra marks for participation or extra marks in the exam if the participation mark was already complete… and he claimed that this is permissible because the extra marks were not on the exam paper, rather it was in the final total of the marks and the opportunity was available to all students. It was to be paid 208
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before the exam and whoever was not able to pay that money could have had the amount reduced and if he was not able to pay at all, he could have been let off, so he could still have the same advantage as the other students had who did pay. Is what he did correct? Please give a detailed reply, quoting evidence. Answer: Praise be to Allaah. The teacher does not have the right to take anything from the students, even if that this for the purpose of renovating the classroom, because that is not the responsibility of the students; rather it is the responsibility of the school. This money in many ways is similar to the haraam maks (customs levy or purchase tax) – see question no. 39461 concerning the prohibition of the maks. Marks for participation are only given to students for their efforts and hard work in their studies, not for giving money to the teacher! The same applies to grades in the test, they should be based on what the student has written on his test paper, and have nothing to do with renovation or adornment of the classroom. If the teacher gives marks to students in return for them giving him money, this goes against the education system and is also wronging people with regard to their wealth, and exposing the poorer students to embarrassment when they have to tell him that they cannot pay all or some of the money. The teacher has to fear Allaah and give each student the grades that he deserves according to the education system that is in place. He should not ask the students for money, no matter how little. 209
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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) 36599: He treated the financial director and he gave him some money Question: I work as a doctor in one of the hospitals and I treated a patient who is in charge of financial affairs. He gave me some money without me doing any work. Am I entitled to this money? Is it permissible for me to donate it to a charitable cause? Please note that I cannot return it. Answer: Praise be to Allaah. If this money belongs to the state, then it is essential to know under what category a person could obtain it, such as if it comes under the heading of helping the needy, rewarding higly-skilled persons, and so on. If you fit the description, then it is permissible for you to take the money, otherwise you should give it to those who fit the
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description. If you cannot do that, then spend it as needed for your work, and do not take any of it for yourself. This director should fulfil the trust with which he has been charged, and not give this money to anyone except those who are entitled to it. If you can advise him concerning that, then this is what you must do, because the Prophet (peace and blessings of Allaah be upon him) said: “Help your brother whether he is a wrongdoer or is wronged.” A man said: “O Messenger of Allaah, I can help him if he is wronged but what if he is the wrongdoer, how can I help him?” He said: “Stop him or prevent him from doing wrong. That is how you help him.” Narrated by al-Bukhaari, 6952. If this director is giving you this from his own money, then do not accept anything from him, because that comes under the heading of giving gifts to workers that is forbidden in sharee’ah, because of the report narrated by al-Bukhaari, 2597 and Muslim (1832) from Abu Humayd al-Saa’idi (may Allaah be pleased with him), who said: The Prophet (peace and blessings of Allaah be upon him) appointed a man from al-Azd to be in charge of collecting the zakaah, and when he came, he said: “This is for you and this was given to me as a gift.” He (the Prophet (peace and blessings of Allaah be upon him)) said: “Why doesn’t he sit in the house of his father or the house of his mother and see whether he is given anything or not? By the One in Whose hand is my soul, none of you takes anything from it but he will come carrying it on his neck on the Day of Resurrection, even if it is a camel that is groaning or a cow that is mooing or a sheep that is bleating.” Then he raised his hand until we could see the whiteness of his armpit and said: “O Allaah, have I conveyed (the message)? O Allaah, have I conveyed (the message)?” three times. 211
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According to a version narrated by Muslim: Then he addressed us and praised and glorified Allaah, then he said: “I appointed a man from among you to do this task which Allaah has enjoined upon me, and he comes and says, ‘This is your wealth and this is a gift that was given to me.’ Why doesn’t he sit in the house of his father and mother so that gifts will be brought to him if he is telling the truth.” And Allaah knows best. Islam Q&A (www.islam-qa.com) 20869: Ruling on female servants working in households, and are they female slaves?! Question: I’m an Indonesian Muslim, I need a fatwa regarding the status of Woman Labour, who work in midle east. Does they who worked to family and living with that family is considering as a slave ? It is very important to us know about The status about Woman Labour, because this issue used by christian misionaries to denigrating Islam in here. Please attached Fatwa from some Ulama Institution/ authorithies.. Answer: Praise be to Allaah. Firstly: The servants who work in households do not come under the same rulings as slaves, whether male or female. Rather 212
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they come under the ruling of private workers who are hired to work for the employer, and are like any other employee. We have already spoken about female servants and the ruling on bringing them from their countries, and the haraam actions committed by some families towards female servants. Please see the answer to question no. 26282. Secondly: What some of these heads of households have done to these servants is not condoned by Islam, rather Islam forbids it and warns against it. It is not permissible to use that as a means of attacking Islam or giving a bad impression of Islam, because these sins on the part of some Muslims are forbidden by Islam itself. Al-Bukhaari (50) and Muslim (1661) narrated that Abu Dharr said: I cursed a man and slandered his mother, and the Prophet (peace and blessings of Allaah be upon him) said to me: “O Abu Dharr, are you slandering his mother? You are a man in whom there is still some jaahiliyyah (ignorance)! Your slaves are your brothers whom Allaah has put under your command. So whoever has a brother under his command should feed him of what he eats and dress him of what he wears. Do not ask them (slaves) to do things beyond their capacity and if you do so, then help them.” This is the justice of Islam towards slaves who are owned by a person, so how should it be with a servant who is not a slave who belongs to his or her employer, but is rather hired to do a job? Thirdly: It is not permissible to be alone with these female servants, or to look at them, because they are non-mahrams to the 213
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men of the household. Similarly male servants are nonmahrams to the women of the household so it is not permissible for them to uncover in front of them or to be alone with them. Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) was asked: What is the ruling on dealing with servants and drivers – do they come under the same heading as non-mahram men? My mother tells me to go out in front of the servants and to put a scarf on my head. Is that permitted in our pure monotheistic religion which tells us not to disobey the commands of Allaah? He replied: Drivers and servants come under the same rulings as all other men: it is obligatory to observe hijab in front of them if they are not mahrams. It is not permitted to uncover one’s face in front of them or to be alone with any of them, because the Prophet (peace and blessings of Allaah be upon him) said: “No man is alone with a [nonmahram] woman but the third one present is the Shaytaan.” And because of the general meaning of the evidence which indicates that hijab is obligatory and that it is haraam to make a wanton display of oneself or to uncover oneself in front of non-mahrams. It is not permissible to obey your mother or anyone else in matters that involve disobedience towards Allaah. Al-Tabarruj wa Khataruhu by Shaykh Ibn Baaz. And Allaah knows best. Islam Q&A (www.islam-qa.com)
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31781: Working for a company that cheats, and the ruling on working in a company in which some things are permissible and some are haraam Question: He works for a company which mixes haraam things with halaal things, and sells some stolen goods and cheats. Is his income halaal? If he leaves this job, any other job will also involve some things that are forbidden according to sharee’ah, so what should he do? Should he continue in his job or give it up and let his children go hungry when he cannot find any means of taking care of them?.
Answer: Praise be to Allaah. If your work involves helping them in any way with any kind of cheating or stealing, then it is not permissible, 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] But if your work has nothing to do with the haraam things, and the company also has some other departments that do not deal with haraam things, then it is permissible for you to work in the departments that deal with permissible things, subject to the condition mentioned above, which is that there should be no helping anyone to do anything haraam. 215
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Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: It is not permissible to work in riba-based institutions even as a driver or guard, because taking up employment with a riba-based institution implies that one approves of it. A person who hates something could never agree to work in its interests, so if he works in its interests, that means he approves of it, and the one who approves of something haraam has a share of its sin. But if he is directly involved in recording, sending and depositing, etc., then he is undoubtedly involved directly with the haraam thing. It was proven from the hadeeth of Jaabir (may Allaah be pleased with him) that the Prophet (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, and he said: “They are all the same.” Fataawa Islamiyyah, 2/ 401. What you have to do is to denounce those who are in charge of the haraam departments, and advise them to give up these dealings. You also have to advise the purchasers, if you can, and tell them of the faults present in the products that they are buying. With regard to the issue of there being no other work, this is a whisper (waswasah) from the Shaytaan. 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] 216
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There are many kinds of permissible work. So you have to put your trust in Allaah and avoid that which is haraam. With regard to the idea of your children dying of starvation, we ask you: is it better for them to die of starvation – assuming that they do die – or for you to enter Hell for their sake?? Moreover, Allaah is the One Who has created them, and He is the One Who has guaranteed to provide for them, as He says (interpretation of the meaning): “And in the heaven is your provision, and that which you are promised” [al-Dhaariyaat 51:22] “And kill not your children for fear of poverty. We shall provide for them as well as for you. Surely, the killing of them is a great sin” [al-Isra’ 17:31] Allaah has decreed the provision of each person before he emerges from his mother’s womb, so do not fear that Allaah may reduce your rizq (provision), rather fear your own self that is inclined to evil and tempts you to commit sin. Remember the words of the Prophet (peace and blessings of Allaah be upon him): “There is no flesh that is nourished from haraam sources, but the Fire is more suited to it.” Narrated by al-Tirmidhi, no. 614; classed as hasan by alAlbaani in Saheeh al-Tirmidhi. There follow some stories from the life of the RightlyGuided Caliph ‘Umar ibn ‘Abd al-‘Azeez (may Allaah have mercy on him): Some apples were brought to ‘Umar ibn ‘Abd al-‘Azeez 217
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for the bayt al-maal (treasury) of the Muslims, and a small son of his took an apple. He snatched it back from him by force and the child ran to his mother, crying. She sent someone to the marketplace to buy him an apple. When ‘Umar went back home, he noticed the smell of apples and said, “O Faatimah, have you taken anything from this wealth?” She said, “No,” and told him that she had bought an apple for her son with her own money. ‘Umar said: “By Allaah, when I snatched it from him it was as if I was snatching it from my own heart, but I would not like to condemn myself before Allaah for the sake of an apple from the wealth of the Muslims.” Manaaqib ‘Umar ibn ‘Abd al-‘Azeez by Ibn al-Jawzi, p. 190. ‘Umar ibn ‘Abd al-‘Azeez entered upon his daughters after ‘Isha prayer to greet them, and when they realized he was there, they put their hands over their mouths and moved away from him. He said to their guardian, “What is the matter with them?” She said: “They did not have anything to eat for dinner apart from lentils and onions, and they don’t want you to smell that from their mouths.” So ‘Umar wept then he said to his daughters, “O my daughters, what will it benefit you if you live a life of luxury but your father ends up in Hell?” Then they wept loudly. ‘Umar ibn ‘Abd al-‘Azeez by Dr. al-Burunu, 142. ‘Umar ibn ‘Abd al-‘Azeez was rebuked, when he was dying, of leaving his children poor. He sent for them and there were over a dozen males. He looked at them and his eyes filled with tears, then he said: “O my sons, you father has been given the choice between two things, either you will be rich and your father will enter the Fire, or you will be poor and your father will enter Paradise. If you are poor and your father enters Paradise, that is dearer to 218
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him than your being rich and your father entering Hell. Get up, may Allaah protect you.” And Allaah is the Source of strength. Islam Q&A (www.islam-qa.com) 40509: A security guard sleeping when he has nothing to do Question: I am a security guard and sometimes we have nothing to do, and I have some colleagues with me. Is it permissible for me to take a little rest i.e., to sleep for a short while, when my colleagues are there, and if there is work to be done they will wake me up, so that it will not result in my falling short in doing my job. Answer: Praise be to Allaah. If the boss knows about that and does not object, then there is nothing wrong with that. If he does not know then it is better to tell him so that you will have peace of mind and you can be sure that there is no problem, because you are regarded as being employed by him so your time belongs to him. And Allaah knows best. Islam Q&A (www.islam-qa.com) 34718: Important and precise conditions for committing an evil action by force of necessity in order to serve the interests of the Muslims Question: I am an employee working in a company. Sometimes the 219
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company sends us on training courses in our fields of specialization so that we can develop our skills and get promoted. But in these courses we are shown videotapes accompanied by music and sometimes they show women. Please note that these courses are very important, and if we do not attend them the people of bid’ah who hate the Sunnah and fight its followers will join them, because they work with us and thus they will be more entitled to promotion than us. My question is: What is the ruling on our going to courses like these?. Answer: Praise be to Allaah. Those who organize these courses should be advised and directed to use permissible means that are free from music and images of women. If that is achieved then praise be to Allaah, but if that is not achieved and the presence of good people in this institution will result in benefitting people and serving apparent interests of the Muslims, and your continued presence or the development of your skills depends on your attending these courses, and that will block the way to innovators and other deviants, and you are not attending solely for worldly purposes, but rather to serve the greater interests of the Muslims, then perhaps your attendance in that case may be acceptable. But at the same time you should strive to lower your gaze and hate what you see accidentally, and not enjoy the music. This means that you are committing the lesser of two evils, because if the good people are not promoted to key positions, this will lead to the evildoers and corrupt 220
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people taking these positions, which will be a source of great mischief which should be warded off, even if that involves committing a lesser evil. Our scholars have issued fatwas stating that it is permissible to do things like that mentioned in the question, which is following the principle of doing the lesser of two evils so as to ward off the greater evil. Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked by some military students about music in the army. He said (may Allaah have mercy on him): “Those brothers who hate music will be rewarded for their hatred by Allaah. If they are able to remove it or reduce it, this is what is needed; if they are unable to do that then they should not forsake the greater interest which is joining the army, because of this relatively lesser evil. A person should weigh up the pros and cons. If the good people fail to do this work because of this sin, it will be left to the evildoers. You know how dangerous the army would be if there were no good people in it. I would not like to give examples of what would happen if the evildoers and corrupt people were to take charge of the army and then seize power; there would be such evil and corruption the extent of which only Allaah knows. So I encourage my religiously-committed brothers to join the army and to seek the help of Allaah in reforming whatever they can. This evil – I mean the evil of music – is undoubtedly an evil in my view, even though there is some difference of scholarly opinion concerning it as I have referred to above, but I say: this evil is relatively insignificant when compared to the great interests that may be served by having religiously committed and righteous people in positions of leadership in the army. From Liqaa’aat al-Baab al-Maftoohah, 1/102, question no. 168. 221
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Shaykh Ibn Baaz (may Allaah have mercy on him) was asked, after a speech that he gave to the students in the media department of the Arabic Language college: A Muslim journalist may be forced to attend some parties or plays, so he attends even though there is music and disturbing scenes, so that he can explain its damaging effect on society. Is he sinning thereby? He replied: If the aim is to serve the interests of the public and not to enjoy the event, and the purpose of his attending it to warn against evil, and he enters this gathering or meeting in which there are regrettable elements in order to find out about its evil and expose its faults for a good purpose, then there is nothing wrong with that. But if he goes there for the purpose of enjoyment or for evil purposes, then he should not do that. Allaah says (interpretation of the meaning): “And when you (Muhammad) see those who engage in a false conversation about Our Verses (of the Qur’aan) by mocking at them, stay away from them till they turn to another topic” [al-An’aam 6:68] And 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 where wine is being drunk.” AlTirmidhi, 2725. Allaah describes those who sit with those who engage in a false conversation and do not denounce them as being like them. From Fataawa Islamiyyah, 4/368. And Allaah knows best. Islam Q&A (www.islam-qa.com) 222
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38877: He wants to work in a company that produces programs for riba-based banks Question: I am a communications engineer and I have been offered a job in a communications company in the field of network security. This is a field in which I can serve Islam, but in the field of network security it is inevitable that I will deal with programs for riba-based transactions, and the company does projects for a number of banks etc. Is it permissible for me to work there?. Answer: Praise be to Allaah. It is not permissible to help with riba in any way, whether that is writing it down, witnessing it, working as a security guard, programming, looking after equipment or any other kind of help, 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. And fear Allaah. Verily, Allaah is Severe in punishment” [al-Maa’idah 5:2] If you can avoid that, then your work is permissible, otherwise you should look for another job that is permissible. Be certain that provision comes from Allaah, and that it is acquired by obeying Him, as He says (interpretation of the meaning): “And whosoever fears Allaah and keeps his duty to Him, 223
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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] It is known that many companies deal with riba, and that whoever specializes in a field such as yours will encounter some difficulty in looking for permissible work. But that cannot compare with the great sin that is borne by the one who helps others to commit a sin for which Allaah threatens those who do it with war. So fear Allaah and beware of His punishment. Make sure your food is halaal, for every body that is nourished from haraam sources, the Fire is more fitting for it. (Hadeeth narrated by al-Tabaraani and by Abu Na’eem in al-Hilyah; classed as saheeh by al-Albaani in Saheeh al-Jaami’, no. 4519. And Allaah knows best. Islam Q&A (www.islam-qa.com) 27304: Ruling on talking to women at work Question: Sometimes I have to talk to some of the women [at work] and discuss with them some issues that have to do with work. Is there any sin on me for that? Is it permissible for me to work in this company or should I look for another job?. 224
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Answer: Praise be to Allaah. There can be no doubt that the fitnah (temptation) of women is great. The Prophet (peace and blessings of Allaah be upon him) said, “I have not left behind me any fitnah that is more harmful to men than women.” Narrated by al-Bukhaari, 4808; Muslim, 2704. Hence the Muslim has to be cautious of this fitnah and keep away from anything that may cause him to fall prey to it. Some of the greatest causes of this fitnah are looking at women and mixing with them. Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) said: Allaah says (interpretation of the meaning): “Tell the believing men to lower their gaze (from looking at forbidden things), and protect their private parts (from illegal sexual acts). That is purer for them. Verily, Allaah is AllAware of what they do. And tell the believing women to lower their gaze (from looking at forbidden things), and protect their private parts (from illegal sexual acts) and not to show off their adornment except only that which is apparent (like both eyes for necessity to see the way, or outer palms of hands or one eye or dress like veil, gloves, headcover, apron), and to draw their veils all over Juyoobihinna (i.e. their bodies, faces, necks and bosoms) and not to reveal their adornment except to their husbands, or their fathers, or their husband’s fathers, or their sons, or their husband’s sons, or their brothers or their brother’s sons, or their sister’s sons, or their (Muslim) women (i.e. their sisters in Islam), or the (female) slaves whom their right hands possess, or old male servants who lack vigour, or small 225
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children who have no sense of feminine sex. And let them not stamp their feet so as to reveal what they hide of their adornment. And all of you beg Allaah to forgive you all, O believers, that you may be successful” [al-Noor 24:3031] Here Allaah commands His Prophet (peace and blessings of Allaah be upon him) to tell the believing men and women to lower their gaze and guard their chastity, then He explains that that is purer for them. It is known that guarding one’s chastity and avoiding immoral actions is achieved only by avoiding the means that lead to such actions. Undoubtedly letting one’s gaze wander and mixing of men and women in the workplace and elsewhere are among the greatest means that lead to immorality. These two things that are required of the believer cannot be fulfilled when he is working with non-mahram women as colleagues or partners at work. Undoubtedly his working with her or her working with him in the work place is a situation in which it is impossible to lower one’s gaze and guard one’s chastity and attain purity of soul. Hence Allaah commanded the believing women to lower their gaze, guard their chastity and not show their adornment except only that which is apparent, and Allaah commanded them to draw their veils all over Juyoobihinna (i.e. their bodies, faces, necks and bosoms), which implies covering the head and face, because the jayb (pl. juyoob) is the site of the head and face. So how can one lower one’s gaze, guard one’s chastity and avoid showing one’s adornment when women go to men’s workplaces and mix with them? Mixing will inevitably lead to falling into these haraam actions. 226
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How can the Muslim woman lower her gaze when she is with a non-mahram man all the time, claiming that he is her work colleague and she is his equal with regard to work. Khatr Mushaarikat al-Mar’ah li’l-Rajul fi Maydaan ‘Amalihi. Conclusion: If your work involves continually looking at and mixing with women, we advise you to leave this job and look for another, or to move to another department in the same company where there are no women. If your work does not involve continually looking at and mixing with women, rather it only happens sometimes in an area other than the place where you work, then there is nothing wrong with staying in the job, so long as you lower your gaze and do the parts of your job that involve contact with women in the shortest possible time, and keep away from the causes of fitnah as much as possible. We ask Allaah to help us to avoid fitnah (temptation, both obvious and hidden. And Allaah knows best. Islam Q&A (www.islam-qa.com) 20959: Should he sit with his colleagues at work when they are drinking alcohol? Question:
I work for an american company. I am the only muslim. I am forced to be on business trips or functions with people from my work who sometimes drink alcohol. am I doing sin by being with them when I am not drinking or doing 227
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anything against my beleives.If I don’t participate in those functions, maybe I will jeopardize my Job. Answer: Praise be to Allaah. Allaah has favoured this ummah over other nations in many matters, chief among which is enjoining what is good and forbidding what is evil. Allaah says (interpretation of the meaning): “You (true believers in Islamic Monotheism, and real followers of Prophet Muhammad and his Sunnah) are the best of peoples ever raised up for mankind; you enjoin Al-Ma‘roof (i.e. Islamic Monotheism and all that Islam has ordained) and forbid AlMunkar (polytheism, disbelief and all that Islam has forbidden), and you believe in Allaah” [Aal ‘Imraan 3:110] What you have to do – as you are the only Muslim in your company, as you say – is to be proud of the teachings [?] of your religion, and strive to apply them, and not to do anything that you are forbidden to do. This is something that will raise you in status and increase your reward. Staying with them even though you are not drinking alcohol yourself is still a sin in itself, because Allaah has commanded us not to sit in places where evil is committed, otherwise what befalls those who are committing the evil action will also befall us. 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 228
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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] “And when you (Muhammad) see those who engage in a false conversation about Our Verses (of the Qur’aan) by mocking at them, stay away from them till they turn to another topic. And if Shaytaan (Satan) causes you to forget, then after the remembrance sit not you in the company of those people who are the Zaalimoon (polytheists and wrongdoers)” [al-An’aam 6:68] 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 (by taking action); if he cannot, then with his tongue (by speaking out); if he cannot, then with his heart (by hating it and feeling that it is wrong), and that is the weakest of faith.” Narrated by Muslim, 70. This denunciation of the heart refers to the stress and agitation that one feels in the presence of evil. This is an individual obligation upon all people in all situations, and they have no excuse for not doing this, because no one has any power over the heart. Staying in a place where evil is being committed goes against this required denunciation. Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said: The believer has to fear Allaah with regard to His slaves, but their guidance is not his responsibility. This is what is meant by the verse in which Allaah says (interpretation of the meaning): “O you who believe! Take care of your ownselves. If you 229
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follow the (right) guidance [and enjoin what is right (Islamic Monotheism and all that Islam orders one to do) and forbid what is wrong (polytheism, disbelief and all that Islam has forbidden)] no hurt can come to you from those who are in error” [al-Maa’idah 5:105] Following right guidance means doing all the obligatory duties. If a Muslim does his duty of enjoining what is good and forbidding what is evil, as well as other duties, the misguidance of those who are misguided will never harm him. This may be done sometimes with the heart, sometimes with the tongue, and sometimes with the hand. Denunciation with the heart is obligatory in every situation, because no harm can result from it, and whoever does not do that is not a Muslim, as the Prophet (peace and blessings of Allaah be upon him) said: “And that is the weakest of faith.” Majmoo’ al-Fataawa, 28/127 Moreover the Prophet (peace and blessings of Allaah be upon him) forbade sitting at a table where wine is being drunk. It was narrated that ‘Umar ibn al-Khattaab (may Allaah be pleased with him) 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 where wine is being drunk.” Narrated by Ahmad, 126; classed as saheeh by al-Albaani in Irwa’ al-Ghaleel, 7/6. See also the answer to question no. 8957; 6992. Finally we remind you of the words of Allaah (interpretation of the meaning): 230
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“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] So give up these evil things, and those trips and sitting with those people. Seek the reward for that with your Lord. If this leads to your leaving your job, then you will have a great reward with Allaah and you will find goodness, a way out and provision by His Leave. And Allaah knows best. Islam Q&A (www.islam-qa.com) 26123: Salary of an employee who cheated in his exam Question: If a student cheats in his exam and passes because of that, and gets a certificate, then he gets work because of that certificate and gets a salary for that work, is this regarded as halaal? Please note that he cannot repeat the exam because he took it many years ago, and everything has changed. What should he do in order to expiate for that? Answer: Praise be to Allaah. 231
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If the student cheated in the exam, and he passed because of that cheating, and got the certificate and worked because of that, and he succeeded in his work, and many years have since passed, then he has to repent and seek forgiveness from Allaah and feel regret for what has happened. For Allaah forgives and the one who repents from sin is like one who has not sinned. Shaykh ‘Abd al-Kareem al-Khudayr. (www.islamqa.com) 13715: Ruling on working as an expert in insurance matters Question: Could you please tell me if working as an actuary is permitted in Islam? It involves calculating premium rates for insurance and pension schemes by using interest rates. Answer: Praise be to Allaah. Insurance is one of the things that are forbidden. See the answer to Question # 8889. If it is known that it is haraam, then it is haraam to work in this field, because that involves co-operating in sin. Allaah says (interpretation of the meaning): “but do not help one another in sin and transgression” [al-Maa’idah 5:2] So you have to look for other work which does not involve anything haraam. Whoever gives up something for the 232
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sake of Allaah, Allaah will compensate him with something better. May Allaah help us all to do that which He loves and which pleases Him. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 9496: Ruling on working as a defence lawyer Question: When working as a defence lawyer, one may have to support and defend evil, because the defence lawyer tries to prove the innocence of the guilty person whom he is defending. Is the income of a defence lawyer who does that haraam? Are there any Islamic conditions attached to a person working as a defence lawyer? Answer: Praise be to Allaah. Defence also means protection, and if a person defends and protects evil then undoubtedly this is haraam, because it means that he is falling into that which Allaah has forbidden: “but do not help one another in sin and transgression” [al-Maa’idah 5:2 – interpretation of the meaning] But if he protects and defends good, then this is a praiseworthy kind of protection as enjoined in the aayah: 233
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“Help you one another in AlBirr and AtTaqwa (virtue, righteousness and piety)” [al-Maa’idah 5:2 – interpretation of the meaning] On this basis, whoever has prepared himself to do that must, before taking on a specific case, examine and study it. If the one who is asking for his defence is in the right, then he should take on the case and support the truth and the one who is in the right; if the one who is asking for his defence is not in the right then he may also indulge in a case of that nature but the lawyer may go against the wishes of the one who is seeking his defence in the sense that he is protecting this person to prevent him from falling into anything that Allaah has forbidden, and he does not defend him in the way that he wants. That is because the Prophet SAWS (peace and blessings of Allaah be upon him) said: “Help your brother whether he is a wrongdoer or one to whom wrong is done.” They said, “O Messenger of Allaah, (we know what it means to help) the one to whom wrong is done, but how can we help him if he is a wrongdoer?” He said, “Stop him from doing wrong to others, that is how you will help him.” If he knows that the one who is seeking his protection has no rights then he must advise him and warn him and put him off getting involved in this case; he should explain to him what is wrong with his claim so that he will give it up out of conviction. Majallat al-Da’wah no. 1789, p. 61 (www.islam-qa.com) 12786: Ruling on working as a film developer Question: A muslim work at film development store, his job is taking 234
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film from customer put it in the machine to be devolpe. Is his income halal or not? Answer: Praise be to Allaah. This ruling needs to be divided into categories. If he is developing pictures which people need for necessary reasons or for some reason which will serve the general interest, then it is permissible to develop these pictures and take that as a profession and a source of income, because whatever is permitted for reasons of necessity or serving the common interest, it is permissible to deal in it in all kinds of transactions and contracts. What is permitted in essence for reasons of necessity, it is also permitted to take its price. This kind of pictures and the cameras and machines used for them are a means of serving a necessary purpose which people need, and the means are subject to the same rulings as the ends, provided that this is only done as much as is necessary and as is needed to serve those needs and achieve that interest only, based on the principle “actions based on necessity should measued by that necessity.” The second type of pictures are those for which there is no need and which do not serve any purpose. The most correct view concerning these pictures is that they are haraam and that it is not permissible to keep these pictures. Therefore it is haraam to develop these pictures. See Ahkaam al-Tasweer by Muhammad Waasil, p. 602. See also the answer to Question # 3243 concerning the earnings of one who makes images. And Allaah knows best. 235
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Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 10946: He wants to work some days of the week and spend the rest in worship Question: I know a Brother in Islaam, who left his haraam job, after realsing the haraam nature of it - Alhamdhu Lillah. He is now looking for a job that is just sufficient to feed and clothe his family. He is keen to work only as many days to earn that income. The rest of the week he wants to spend in the mosque reading Qu’raan and praying etc.. Is his behaviour permissible? Does Islaam not say that the daytime is for seeking sustenance and the night for prayers.? Is it not better for him to seek a good job so that the extra money can be given as zakat to the poor? Doesn’t his family have rights over him with regard to time. Answer: Praise be to Allaah. The Muslim who is able to earn a living must strive to earn that which will keep him and those under his guardianship, such as his wife and children, from having to beg, and to earn what he needs to spend on their maintenance. If he manages to do that, then if he spends the rest of his time, whether during the night or the day, in worshipping Allaah by praying, fasting, reading Qur’aan, that is better. There is no specific time for worship in general, but yes, praying qiyaam at night is better than praying during the day. This does not mean that there is no reward for praying naafil prayers during 236
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the day. He should start by doing that which is obligatory, whether the obligation is towards Allaah or towards His creation, then he can use the rest of his time for doing that which is mustahabb, and if he indulges in some permissible activities for the purpose of relaxation and recreation, that is OK. Shaykh ‘Abd al-Kareem alKhudayr (www.islam-qa.com) 9978: Ruling on telling bosses about a worker who is doing something wrong or is negligent Question: If I find out that one of the workers is falling short in his work or is doing something wrong, is it permissible for me to tell the boss about that? Answer: Praise be to Allaah. What is prescribed in sharee’ah is for you to advise him and point him in the right direction, and urge him to fulfil the trust. If he does not respond, then you have to refer the matter to the appropriate people, because Allaah says (interpretation of the meaning); “Help you one another in Al Birr and At Taqwa (virtue, righteousness and piety)” [al-Maa’idah 5:2] And the Prophet (peace and blessings of Allaah be upon him) said: “Religion is sincerity (naseehah)” three times. It was 237
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asked, “To whom, O Messenger of Allaah?” He said, “To Allaah, to His Book, to His Messenger, to the leaders of the Muslims and to their common folk.” (Narrated by Muslim in his Saheeh). And Allaah is the Source of strength. Kitaab Majmoo’ Fataawa wa Maqaalaat Mutanawwi’ah li Samaahat al-Shaykh al-‘Allaamah ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz (may Allaah have mercy on him), vol. 8, p. 420 (www.islam-qa.com) 12489: Should a boss agree to give permission to an employee who is cheating on the company’s time? Question: Some employees leave work to deal with some other personal interests that have nothing to do with the job. They ask their boss for permission to leave, and they make up excuses which may or may not be convincing. If the boss knows that these excuses are not true, is he sinning if he agrees to give the employee permission to leave? Answer: Praise be to Allaah. It is not permissible for the boss or manager of the department, or whoever is acting in their stead, to agree to anything that he thinks is not right. He has to check on the matter. If there is any need for this request due to an urgent need and if giving permission will not affect the work, then it is OK. But if he knows that an excuse is false or he thinks it is most likely to be false, then he should not give permission and should not agree to it, 238
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because that is a betrayal of trust and a lack of sincerity towards the one who put him in this position of trust and towards the Muslims. Allaah says (interpretation of the meaning): “Verily, Allaah commands that you should render back the trusts to those, to whom they are due” [al-Nisaa’ 4:85] And Allaah says, describing the believers: “Those who are faithfully true to their Amanaat (all the duties which Allaah has ordained, honesty, moral responsibility and trusts) and to their covenants” [alMu’minoon 23:8] And He says (interpretation of the meaning): “O you who believe! Betray not Allaah and His Messenger, nor betray knowingly your Amaanaat (things entrusted to you, and all the duties which Allaah has ordained for you)” [al-Anfaal 8:27] Kitaab Majmoo’ Fataawa wa Maqaalaat Mutanawwi’ah li Samaahat al-Shaykh al-‘Allaamah ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz (may Allaah have mercy on him), vol. 9, p. 438 (www.islam-qa.com) 12866: Conditions of it being permissible to settle in kaafir countries Question: What are the conditions of it being permissible to settle in kaafir countries? Answer: Praise be to Allaah. 239
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The scholars (may Allaah have mercy on them) forbade settling in or going to countries where a Muslim is not able to practise his religion openly. The one who goes there to study, do business, or earn money, and those who are resident there all come under the same rulings and there is no difference between them. The rulings concerning all of them are the same as the rulings concerning those who are resident there, and there is no difference, if they are unable to practise their religion openly, and they are able to migrate from there. Claiming to hate the kuffaar whilst living among them is not enough. It is haraam to travel to them and settle among them for a number of reasons, including the following: 1- Practising the religion openly and in such a way that a person frees himself from any blame is very difficult and is not happening. 2- The statements of the scholars (may Allaah have mercy on them) clearly indicate that the person who does not know his religion with proof and evidence, and is not able to defend it and refute the specious arguments of the kaafireen, is not permitted to travel to their lands. 3- One of the conditions of travelling to their lands is that a person should be sure that he will not be subjected to fitnah (confusion or temptation) by the means of their force, authorities, specious arguments and temptations, and he should be sure that he will not imitate them or be influenced by what they do. Majmoo’ Fataawa wa Maqaalaat Mutanawwi’ah li Samaahat al-Shaykh al-‘Allaamah ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz (may Allaah have mercy on him). Vol. 9, p.43 (www.islam-qa.com) 240
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8802: Asking about the circumstances of those who are seeking employment Question: I work for a boss who sometimes asks me about some of the people who want to work for him, or who are already working for him – he asks about their attitude and manners, how good they are and how qualified they are. Is it permissible for me to co-operate with him on this matter? Please advise us, may Allaah reward you with good. Answer: Praise be to Allaah. It is permissible for you to co-operate with him on the matter, so long as you do your best to be certain of the information that you are giving to him, and you avoid lying or cheating, because if this is done truthfully and sincerely, it is counted as cooperating in righteousness and piety, and as offering sincere advice to a brother (naseehah). May Allaah help us all. Majmoo’ Fataawaa wa Maqaalaat Mutanawwi’ah li Samaahat al-Shaykh al-‘Allaamah ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz (may Allaah have mercy on him), vol. 8, o. 420 (www.islam-qa.com) 9374: Reading Qur’aan during work time Question: I am an employee and at work I read Qur’aan when I 241
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have nothing else to do. But my boss has forbidden me to do that, saying that this is work time and is not for reading Qur’aan. What is the ruling on that? May Allaah reward you with good. Answer: Praise be to Allaah. If you do not have any work, there is nothing wrong with reading Qur’aan, or reciting Tasbeeh (saying Subhaan Allaah) or Tahleel (saying Laa ilaaha ill-Allaah) or other dhikr. That is better than remaining silent. But if your reading is keeping you from doing something that has to do with your work, then it is not permissible for you to do that, because during the time that is specifically for work, it is not permissible for you to keep busy with something that will prevent you from doing your work. Majmoo’ Fataawa wa Maqaalaat Mutanawwi’ah li Samaahat al-Shaykh al-‘Allaamah ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz (may Allaah have mercy on him), vol. 8, p. 361 (www.islam-qa.com) 11289: Tutoring the children of a bank employee Question: A man is giving private lessons to the children of a man who works in a riba-based bank. What is the ruling on the money he takes from that man? What is the ruling on teaching his children? What is the ruling if that man found another source of income which is halaal, alongside this (haraam) source? What is the ruling on eating food that is offered when visiting him? Thank you. 242
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Answer: Praise be to Allaah. If he is teaching them permissible topics, then it is permissible for him to accept payment, even from the manager of the bank, because his work is not haraam, so his payment is not haraam. He is not responsible for the source of the money with which he is paid. With regard to food, he should not eat the food of any person whose earning he knows to be haraam. If the householder’s earnings are a mixture, whereby some is halaal and some is haraam, and they cannot be distinguished, then it is permissible to eat (what he offers), but it may be better not to do so. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 11335: Forging certificates in order to gain employment Question: A man wants to do a certain job which he is able to do and can win the competition (for jobs), but he does not have the certificate which will entitle him to enter the competition. Is it permissible for him to forge the certificate to enter the competition, and if he succeeds, will his wages be permissible for him or not? Answer: Praise be to Allaah. 243
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It seems to me, from the pure sharee’ah and its sublime goals, that such actions are not permissible, because this is gaining employment by means of lying and deceiving. These are forbidden, and are things that open the door to evil and pave the way for deceit. Undoubtedly those who are entrusted with the task of hiring employees must seek qualified and trustworthy people as much as possible. Shaykh Ibn Baaz (may Allaah have mercy on him) (www.islam-qa.com) 11315: He works as an accountant in a company where he writes down the calculations for ribaa Question: An accountant works balancing the books for a company. He writes down the figures and calculates the expenses and profits, etc… Among the figures which the accountant write down is the amount of interest – in figures – which the company takes from the bank in return for the balance in their account. He does not deposit anything in the bank and he does not ask the bank for the ribaa (interest). But he calculates all the figures for the company – only by writing them down – such as wages etc. and the price of raw materials, and this figure is included in that. Is simply writing down this figure in the final statement haraam? Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who replied: Yes (it is haraam), because it is included in the general 244
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meaning of the hadeeth: 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.” And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 4651: Workplace questions etc. Question: Below question are for a working employee : 1) Can I claim medical expenses by producing the fake bill even the company knews this and allows to do so as this is the normal tendency . 2) Can one take sick leave when one is really not sick . If i dont take i may lose the benefit . 3) Can we wear Tie while praying Namaz (salah ) as i heared that in Islam one can pray without removing his shoe .What about praying with the shirt tucked in . 4) Can i manipulate the timings while entering in the register . Company does not do anything for the one who works beyond the working hours . 5) Many people does not like beard especially non-muslim .If for the interview i dont shave , i will get the disadvantage . What is your opinion — BOTHER or NOT TO BOTHER these non-muslim as i should see the nod of Almighty rather than these kafirs . 245
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Answer: Praise be to Allaah. (1, 2, 4) Fiddling medical bills, leave and timings. Allaah says (interpretation of the meaning): “Verily, Allaah commands that you should render back the trusts to those, to whom they are due; and that when you judge between men, you judge with justice. Verily, how excellent is the teaching which He (Allaah) gives you! Truly, Allaah is Ever AllHearer, AllSeer” [al-Nisaa’ 4:58] “O you who believe! Betray not Allaah and His Messenger, nor betray knowingly your Amaanaat (things entrusted to you, and all the duties which Allaah has ordained for you)” [al-Anfaal 8:27] In these aayaat there is the command to fulfil all kinds of trusts which people may be given. Fulfilling trusts and carrying them out properly is one of the greatest signs of faith. It was reported in al-Saheehayn from Abu Hurayrah (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “The signs of the munaafiq (hypocrite) are three: when he speaks, he lies; when he makes a promise, he breaks it; and when he is entrusted with something he betrays that trust.” (Narrated by al-Bukhaari, no. 32; Muslim, no. 89). According to a report narrated by Muslim (no. 90), “Even if he fasts and prays and claims that he is a Muslim.” This indicates that betrayal is a characteristic of the hypocrites. In al-Musnad it was narrated from Anas that the Prophet (peace and blessings of Allaah be upon him) said: “There is no eemaan (faith) for the one who cannot 246
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be trusted and there is no religion for the one who does not keep his promise.” (Musnad al-Imaam Ahmad ibn Hanbal, no. 11935). The Prophet (peace and blessings of Allaah be upon him) used to pray: “Allaahumma inni a’oodhu bika min aljoo’i fa innahu bi’s al-dajee’, wa a’oodhi bika min alkhiyaanah fa innahaa bi’sat il-bitaanah (O Allaah, I seek refuge with You from hunger, for it is the worst of bedfellows, and I seek refuge with You from betrayal, for it is the worst of companions).” (Narrated by al-Nasaa’i, no. 5373; Abu Dawood, no. 1323; Ibn Maajah, 3345. Al-Albaani said, it is hasan saheeh. Saheeh Sunan al-Nasaa’i, 3/1112). Maymoon ibn Mihraan said: “Three things are to be fulfilled for the righteous and impious alike: trust, promises and the upholding of family ties.” Hence it is obligatory for an employee to remember that his Lord is always watching and to fulfil the trust of his work honestly, sincerely and carefully, so that his conscience will be clear, his earnings will be good (halaal) and his Lord will be pleased with him. What you have mentioned about fiddling (with medical expenses, etc.) is a form of cheating, deception and betrayal which is not appropriate. “A believer may have any (bad) qualities apart from treachery and lying.” (Narrated by Imaam Ahmad, no. 21149, from the marfoo’ hadeeth of Abu Umaamah may Allaah be pleased with him). So it is not permissible for you to manipulate the timings of your attendance at work, or to take sick leave when you are not sick, or to ask for things to which you are not entitled by giving false proof. All of that is haraam 247
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according to Islam, and is acting like the hypocrites. The fact that your boss or superior takes the matter lightly is not an acceptable excuse for doing something haraam. And Allaah knows best. (3) With regard to neckties, please see Question # 1399 (4) With regard to praying wearing trousers or pants. If they are concealing and loose, not tight, then it is OK to pray in them. It is better to wear a shirt over them which covers the area from the navel to the knee and comes down to mid-calf or to the ankles, because that is more concealing. (5) With regard to the beard, it is obligatory to leave it alone and let it grow, in obedience to the command of the Messenger of Allaah, and ignore what they say. Whoever gives up something for the sake of Allaah, Allaah will compensate him with something better than it. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 5230: Ruling on going on strike Question: What is the ruling on going on strike to attain some workers’ demands or to improve their situation? Answer: Praise be to Allaah. Striking is a breach of the contract between the worker 248
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and his employer, and Allaah calls on us in His Book to honour and uphold the contracts that one person may take upon himself towards another person. So the worker has to do all the work that he agreed to do in a manner that pleases Allaah and in accordance with the aayah (interpretation of the meaning); “O you who believe! Fulfil (your) obligations…” [alMaa’idah 5:1] Strikes are often accompanied by trouble, discord and violence, which is unacceptable in Islam because of the Fiqhi principle that warding off evil takes priority over achieving benefits. There are a number of other means which can be resorted to in order to achieve one’s goals, and which may be more effective than striking. A wise man would not leave any legitimate avenue unexplored. As for stopping work because one has not been paid, this is permissible, because in this case the employer is in breach of contract, so the worker has the right to stop work until he gets paid. The Prophet (peace and blessings of Allaah be upon him) said: “Give the hired worker his wages before his sweat dries.” (Narrated by Ibn Maajah). And Allaah knows best. Masaa’il wa Rasaa’il, Muhammad al-Mahmood al-Najdi, p. 48. (www.islam-qa.com) 1830: Students working in restaurants that serve alcohol and pork Question: Many Muslim students in this country have to work to cover their tuition and living expenses, because for many of them, what they get from their families is not enough. 249
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This makes it essential for them to work as they cannot make ends meet otherwise. Often the only work they can find is in these restaurants that sell wine or offer meals containing pork or other haraam things. What is the ruling on working in these places? What is the ruling on a Muslim selling wine and pork, or producing wine and selling it to non-Muslims, given that some Muslims in these countries have taken this as their profession? Answer: Praise be to Allaah. If a Muslim cannot find work that is permissible according to sharee’ah, he may work in restaurants run by kaafirs, so long as he himself does not directly deal with pouring wine or carrying it or making it or selling it. The same applies to serving pork and other haraam things. Majma’ al-Fiqh al-Islami, p. 45 (www.islam-qa.com) 2889: The boss is a gay kaafir Question: as salaamu al laaykum, i am recently working for a computer company and i found out that my boss (who is a kaffir) is a gay. i have heard this from one of the other co-workers. until now, i thought he was a normal person but he never bother me. is it allowed for a muslim to work for such a people? Answer: Praise be to Allaah. 250
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If your work is permitted (according to Islam), then it permissible for you to continue working for this person, as long as you are careful to watch how he behaves. If you can call him to Islam, and explain to him in a wise and appropriate manner the ruling concerning this evil deed that he is committing (if you are sure that this is indeed the case), then you will have a great reward from Allaah. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 2875: A Muslim working for an atheist Question: Salaam. I work for a person who doesnt believe in God. Is it ok to work for him ?? He is ok with me and allows time off for prayers. Answer: Praise be to Allaah. If your work is in a permitted field, there is nothing wrong with your working for him, so long as you continue to obey the commands of Allaah. You should also do your duty of da’wah, calling to Allaah in the best way. Perhaps Allaah will guide him through you. The Prophet (peace and blessings of Allaah be upon him) said to ‘Ali (may Allaah be pleased with him) when he sent him to the kuffaar on the day of Khaybar: “Call them to Islam and tell them what they have to do, for by Allaah, if Allaah were to guide one man through you, it would be better for you than red camels.” (Red camels were the most 251
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precious form of wealth to the Arabs at that time). (Reported by al-Bukhaari, 2787). Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 2151: Secrets in the medical profession Question: What is a secret? And what are the rulings governing secrets in a specific profession dealing with secret or confidential issues, such as medicine? Answer: Praise be to Allaah. A secret is something which one person discloses to another and asks him not to tell anyone else. This includes situations where it is obvious that the matter should not be disclosed, such as when a man looks around to make sure that there is nobody listening to what he is saying, and so on, as well as private and embarrassing matters that no-one would like everyone to know about. A secret is a trust for which the person who has been asked to keep it is responsible. This is in accordance with both the teachings of Islam and the requirements of chivalry and good manners. In general, secrets should not be disclosed and spreading secrets without a good reason is considered to be subject to the disapproval of sharee’ah. The duty to keep secrets applies even more to people working in professions where disclosure of secrets could 252
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reflect badly on the profession itself, as is the case in the medical profession, where people come to practitioners to seek advice and ask for help, and so they have to tell them everything that may help them to do their job properly, including matters which they may not disclose to anyone else, even their closest family members. The obligation to keep secrets does not apply in cases where concealing something may lead to a greater harm that outweighs any harm feared as a result of revealing it. Such situations are of two types: Cases where a secret has to be revealed on the grounds of choosing the lesser of two evils in order to avoid greater harm, and allowing harm to befall an individual for the sake of the general good. Such cases are of two types: Where the good of an entire society is at stake Where the good of an individual is at stake Cases where it is permissible to reveal a secret because This is in the interests of society as a whole This will protect society from harm In all these situations, strict attention must be paid to the aims and priorities of sharee’ah, which are to protect Islam, lives, minds, lineages and wealth. Majma’ al-Fiqh al-Islami, p. 180 (www.islam-qa.com) 2097: Can an employee take promotional items from the company for his own use? Question: Assalamu alaikum,
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Can you please tell me whether the souvenirs (like Tshirts,pens,etc) of the company where we/our friends work, which we get free, is halal? Jazakallah. Answer: Praise be to Allaah. If the company where you work gives you these things to keep, then there is nothing wrong with taking them and using them, so long as they are permissible according to Islamic rulings. But if the company gives them to you to distribute to people outside the company for advertising and promotional purposes, then you have no right to take them unless you have been given permission to do so. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 213: Employment in private and government sectors Question: Finding Islamic employment is sometimes difficult. Is it necessarily incorrect to work for a state government? I feel that it’s better than working for most businesses, at least better than working for businesses revolve around interest transactions. I would greatly appreciate some direction on this. Thank You
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Answer: All Praise be to Allaah. Muslims must realize that the age of living estranged (religiously) in non-Muslim societies effects the proliferation of the haraam and the diminishment of the halaal. It is very possible what you have suggested is true, since the business sector specifically is more involved in interest than those in the government sector. However, I do not think that this cannot be generalized as a matter of principle in this matter. In general, we can say that it is permissible for the muslim to work in any sector as long as the work there involves halaal activities, and that it is not permissible to work in any occupation or position in any sector which would involve the Muslim in a function that is muharram. (interpretation of the meaning): “... And for those who fear Allaah, He (ever) prepares a way out, and He provides for him from (sources) he never could imagine. And if anyone puts his trust in Allaah, sufficient is (Allaah) for him. For Allaah will surely accomplish His purpose; indeed, for all things has Allaah appointed a due proportion”. (Surah At-Talaaq, 65:2-3) Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
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Chapter 5 Transactions Employment for a Salary: Forbidden Kinds of Wealth 42579: Fatwa from the Standing Committee on the “Business and “Hibbat al-Jazeerah” companies and pyramid marketing schemes Question: The Standing Committee for Academic Research and Issuing Fatwas has received many questions about pyramid marketing companies such as the “Business” and “Hibbat al-Jazeerah” companies, whose work may be summed up as being the attempt to convince a person to buy a product on the basis that he will also convince others to buy; they in turn will convince others, and so on. The more levels of participants there are, the more the first person will gain in commission, reaching thousands of riyals. Every participant convinces others to join in return for a large commission, if he is successful in getting new customers to join his list of members. This is what is called pyramid marketing or network marketing. Answer: Praise be to Allaah. The Committee replied: This kind of dealing is haraam, because the purpose of this dealing is to earn commission, not to buy the product. The commission may reach tens of thousands, whilst the product is not worth more than a few hundred. Any smart person who is offered a choice between the two will choose the commission. Hence these companies rely on 256
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marketing and advertising of their product which emphasizes the size of the large commission which the participant can earn, and offers the incentive of a large profit in return for a small sum, which is the price of the product. The product marketed by such companies is merely a screen or a means of earning these commissions and profits. Because this commission is really the point of the transaction, it is haraam according to sharee’ah for several reasons: 1 – It involves riba of two types, riba al-fadl (involving exchange of goods of the same type but of different quantity) and riba al-nasi’ah (involving deferred payment of a larger amount than would be paid if it were paid immediately). The participant pays a small amount of money in order to gain a lot of money, in other words he pays cash for cash of a different amount and with deferred payment. This is the kind of riba that is forbidden according to the texts and to scholarly consensus. The product which the company sells to the agent is simply a screen for this transaction; it is not what the participant is seeking and it makes no difference to the ruling. 2 – It is a kind of gharar (ambiguous transaction) that is forbidden in sharee’ah, because the participant does not know whether he will be successful in finding the number of purchasers (participants) required or not. No matter how long pyramid or network marketing lasts, it must inevitably reach an end, and when a person joins the pyramid he does not know whether he will be in a higher level and thus make a profit, or in the lower levels and thus make a loss. The fact of the matter is that most of the members of the pyramid lose out, except for the few at the top. So what usually happens is loss, which is the case of all ambiguous transactions. One of two things may happen, and it is usually the one that is most feared. The Prophet (peace and blessings of Allaah be upon him) 257
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forbade ambiguous transactions, as was narrated by Muslim in his Saheeh. 3 – These transactions involve consuming people’s wealth unlawfully, because these contracts benefit no one but the companies and some participants whom the company encourages with the aim of tricking others. This is what is forbidden in the Qur’aan, where Allaah says (interpretation of the meaning): “O you who believe! Eat not up your property among yourselves unjustly” [al-Nisa’ 4:29] 4 – This transaction involves cheating, deceiving and tricking people, by showing the product as if that is the purpose of this transaction, when that is not the case, and by enticing them with the idea of large commission which people do not usually earn. This is the kind of deceit that is forbidden in sharee’ah. The Prophet (peace and blessings of Allaah be upon him) said: “Whoever deceives us is not one of us.” Narrated by Muslim in his Saheeh. And the Prophet (peace and blessings of Allaah be upon him) said: “The two parties to a transaction have the choice, so long as they have not parted. If they are sincere and open in their dealings, the transaction will be blessed for them, but if they lie and conceal anything, the blessing of their transaction will be erased.” Agreed upon. With regard to the view that this transaction is a kind of brokerage, this is not true. Brokerage is a transaction whereby the broker receives payment in return for selling the product, whereas in network marketing the participant pays a fee in order to market the product. Brokerage means marketing the product in a real sense, unlike network marketing where the real aim is to market the transaction, not the product, so the participant markets to others who 258
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will market to others who will market to others and so on, unlike brokerage in which the broker markets the product to those who really want the product. The difference between the two is quite clear. With regard to the view that the transaction is a kind of gift, this is also not true. Even if we accept that, not every gift is permissible according to sharee’ah. A gift given in return for a loan is riba. Hence ‘Abd-Allaah ibn Salaam said to Abu Burdah (may Allaah be pleased with them both): “You are in a land where riba is widespread among them. If you have some right over a man and he gives you a load of straw or a load of barley or a load of fodder, this is riba.” Narrated by al-Bukhaari in his Saheeh. Gifts are subject to the rulings on the reason for which they are given. Hence the Prophet (peace and blessings of Allaah be upon him) said, concerning the zakaatcollector who came and said: “This is for you and this is what was given to me as a gift”: “Why don’t you sit in the house of your father and mother and see whether you are given any gifts or not?” Agreed upon. These commissions are only paid for the purpose of joining the network marketing scheme, no matter what names are given to them, whether they are called gifts or anything else. That does not change their nature or the ruling on them in the slightest. It is worth mentioning that there are companies that have appeared in the market which follow the practices of network marketing or pyramid marketing, such as “Smartest Way”, “Gold Quest” and “Seven Diamonds”. The ruling on these companies is no different from the ruling on the companies mentioned above, even though the products they offer may vary. And Allaah is the Source of strength. May Allaah send 259
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blessings and peace upon our Prophet Muhammad and his family and companions. Standing Committee for Academic Research and Issuing Fatwas. Fatwa no. 22935, dated 14/3/1425 AH. (www.islam-qa.com) 42909: Taking a card and giving money to its owner and five other people, in a pyramid scheme Question: I took a card from a friend of mine and I have to pay 0 for this card, and 0 to the person who gave the card to my friend, and 0 to five people who did the same thing, one after the other (i.e., like a chain letter or something similar). The sixth person takes 0 and the company that is in charge of this takes 0. It carries on like this until everyone who sends the card gets 0. If he gives four cards to four people, and each of them gives the card to another person, the first one will get 00 and so on. Is it permissible to take part in this scheme?. Answer: Praise be to Allaah. This scheme involves gambling and consuming people’s wealth unlawfully, both of which are clearly forbidden as 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 260
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(Satan’s) handiwork. So avoid (strictly all) that (abomination) in order that you may be successful. 91. 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] “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 way in which this scheme involves gambling is that the person who joins it spends his money and gets nothing in return, hoping that he will get more money. So he is not certain whether he will win or lose, and this is the definition of gambling. The way in which it involves consuming people’s wealth unlawfully is obvious. No one gains money from this scheme except the ones who set it up and a small number of those who join it; most of them come out with nothing but sin and regret. Hence in some western countries such schemes are known as pyramids of illusion or selling air. Dr Waa’il Ghunaym, the head of marketing in an e-mail company says: This idea is based on a principle that is akin to gambling, whereby each person puts his money on the table then the one who is the most eloquent and persuasive takes it all. Joining the scheme earlier also plays a role in acquiring the thousands upon thousands, because the one who starts it and those who follow him, up to a certain level of the 261
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pyramid – which varies according to how big the company grows and how many levels there are in the pyramid – are the ones who will earn the large amounts of money. They are like the gamblers who win big. Their intelligence plays no role in their huge earnings, all that they do is to convince a number of people to join and they sit and watch what their followers will do and so on. It remains that the first one is better off, and the pyramid has different levels, as follows: 1 – The kings of the pyramids of illusion. They are the ones who will earn huge amounts because they joined it first and their numbers are few 2 – The dealers of the pyramids of illusion. They are the ones who will earn something but it will be a very ordinary amount and not that on which they pinned their hopes. Their number is also few. 3 – Those who escape unscathed from the pyramids of illusion. They are the ones who will neither win nor lose, but they managed to get back the money that they paid in. Their number is moderate. 4 – The victims of the pyramid, who are more than 80 % of those who join the scheme. Their number is greater the more levels there are in the pyramid. The number of those who are able to convince others to join becomes greater the more levels the pyramid acquires. This clearly shows us that the greater earnings can only come when more losers join the scheme, because the company will make profits, and the kings and dealers will make a profit, and this mathematical equation can only be achieved at the expense of victims of the illusion, who donated their wealth to the kings and dealers of the pyramid.
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And he said: On January 5, 2000 the department of consumer protection in one of the states of the US issued a warning about a club that was using its membership cards as a means to propagate these pyramids of illusion. The Trade Department in that state had already warned about these pyramid schemes and described them as follows: they promise a quick and certain profit, and they tell everyone of how successful this idea has been for some workers who joined the scheme. They are based on face-to-face meetings in which they use psychological pressure so that a person does not think and signs up as soon as the presentation ends. The Department stated that these pyramid schemes are based on lies and that very few of those who join will make any gains. The Canadian government added a clause to its Criminal Code expressly forbidding any individual or organization to operate pyramid schemes. The government described these schemes as a program in which a person pays a sum of money to join the group, in return for attending lectures or getting some educational material on this subject, then he is required to try to persuade a certain number of people to do the same. The Canadian police website states that millions of dollars were collected from people who joined the scheme and lost their money, whilst a very small number of people acquired a huge amount of money. Robert Carols, author of False Profits, published a detailed analysis which proves to all that these pyramid schemes are no more than a fraud that is based on a large number of participants, in which only the people at the top of the pyramid gain anything; they are usually the owner of the company and the original members with him. 263
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The Standing Committee has been asked about various forms of such schemes, and they have stated that they are all haraam and that they are kinds of riba and gambling. It says in Fataawa al-Lajnah al-Daa’imah (15/212): If the matter is as described, then this scheme is a kind of gambling that Allaah has forbidden in the verse (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 they also said (15/215): This kind of operation is not permissible, rather it is an evil action and one of the worst of major sins, because it involves riba al-fadl and riba al-nasee’ah, both of which are haraam according to the consensus of the Muslims. And it involves toying with people’s wealth and consuming it unlawfully. In this sense it comes under the ruling on gambling which is haraam according to the texts of Islam and according to scholarly consensus. And they also said (15/218): The transactions mentioned involve ambiguity, riba and gambling, all of which are major sins that incur the wrath and anger of Allaah. Islam Q&A (www.islam-qa.com)
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42513: Stealing phone time from a kaafir state Question: I decided to ask about a phenomenon that is widespread in this country, and people are confused as to whether it is halaal or haraam. The issue is stolen phone time. There are a lot of Arab students in this country and each one of them has to make overseas calls. Because the cost of making overseas calls is very high, they have all started to go to places where using the telephones is much cheaper than usual. The reason for that is that these phones are connected to phones belonging to individuals living in this country or they belong to the government. Many people justify this by saying that the government is not Muslim and is hostile towards Islam and Muslims, so we are entitled, indeed obliged, to corrupt their economy. So they regard this as permissible if the phones belong to the government. Answer: Praise be to Allaah. It is not permissible for you to transgress against the property of this government even if they are kaafirs, because they have trusted you and have allowed you to enter their land on the basis of this trust, and you have promised to respect their trust and not betray it. Simply by entering their land you have given them this covenant and promise, otherwise they would not have allowed you to enter. The Muslim should not break his promise or covenant deceitfully or betray a trust. Allaah says (interpretation of the meaning):
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“And fulfil (every) covenant. Verily, the covenant will be questioned about” [al-Isra’ 17:34] “O you who believe! Fulfil (your) obligations” [al-Maa’idah 5:1] And the Prophet (peace and blessings of Allaah be upon him) said: “The signs of the hypocrite are three: when he speaks he lies, when he makes a promise he breaks it, and when he is entrusted with something, he betrays that trust.” Agreed upon; narrated from Abu Hurayrah. Muslim added: “… even though he prays and fasts and claims to be a Muslim.” 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 li’l-Ifta’, 23/446. (www.islam-qa.com) 32503: Taking more than one’s salary from a company in a kaafir land Question: I am a young man living in a western country. I work in a telecommunications company and I have a colleague who works with me. We have full control over the money that is paid in by customers. My colleague always takes a share of the money and says that we have the right to do that, on the grounds that the owner of the company does not 266
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give us our full rights. The salary that we are given is according to the conditions upon which we accepted the job. And we do something else too: if one of the customers is one of our acquaintances, we give him a discount. Please help me, because I tried to advise my colleague but he is convinced that what he is doing is permissible. Answer: Praise be to Allaah. Allaah has commanded us to fulfil our trusts properly, as He says (interpretation of the meaning): “Verily, Allaah commands that you should render back the trusts to those, to whom they are due” [al-Nisa’ 4:58] And the Messenger of Allaah (peace and blessings of Allaah be upon him) described betraying the ummah as one of the signs of hypocrisy, Allaah forbid. It was narrated from Abu Hurayrah (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “The signs of the hypocrite are three: when he speaks he lies, when he makes a promise he breaks it, and when he is entrusted with something he betrays (that trust).” Narrated by al-Bukhaari, 33; Muslim, 59. With regard to this prohibition, it makes no difference if a Muslim betrays the trust of a fellow-Muslim or of a kaafir who has entrusted his wealth or property to him. Rather it is by being honest and trustworthy that he can give a good example of Muslims. Many nations entered 267
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Islam because of the trustworthiness and honesty of the Muslim traders. Conversely, if a Muslim is treacherous or tells lies, this puts people off Islam and turns them away from the path of Allaah. Al-Shaafa’i (may Allaah have mercy on him) said: If a Muslim enters daar al-harb (non-Muslim lands) in safety and gains some control over any of their wealth, it is not permissible for him to take anything of it, great or small, because if they have granted him safety then they are entitled to the same from him, and because it is not permissible for him to take anything from them when he is under their protection except that which he would be permitted to take from the wealth of the Muslims or of ahl al-dhimmah (non-Muslims living under Muslim protection). Al-Umm, 4/284. Because you have agreed upon a specific salary with the company, it is not permissible for you to take anything extra without the knowledge of the company owner. The claim that they are not giving you what you deserve is no excuse. If you open this door, then every worker will make similar claims and rights and trusts will be lost. Similarly it is not permissible for you to give discounts to anyone or to waive the price altogether. This money is not yours to do that with. You have to take the price in full no matter who the customers are. So what you both have to do is to repent to Allaah by giving up what you are doing, regretting it and resolving not to do it again. You also have to give back to the company what belongs to it, namely whatever you took in addition to your salary and the discounts that you allowed to your acquaintances and friends. 268
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See also the answer to question no. 14367. And Allaah knows best. Islam Q&A (www.islam-qa.com) 12600: Being paid a salary by a company even though one does not work for them Question: During the summer holidays many young men go to the employment office to find summer jobs, especially those who complain of boredom or who want to get some work experience or earn money – which is the usual reason. When a young man goes to the employment office they send him to an institution or a particular company to work there for the summer. When he goes to the institution, either they put him to work or they tell him to come back at the end of the month and we will give you the salary, without him working for them. Even if he asks them to give him any work to do, they do not give him any, but they give him the salary because they are afraid of the employment office. What is the ruling on taking this salary?. Answer: Praise be to Allaah. It seems that the money taken from these institutions and companies is haraam, because 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”
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[al-Nisa’ 4:29] And the Prophet (peace and blessings of Allaah be upon him) said: “It is not permissible to take the wealth of a Muslim unless he gives it willingly.” Narrated by Ahmad, 20172; classed as saheeh by al-Albaani in Irwa’ alGhaleel, 1459. The reason for that is that this money is being given to you under compulsion; no commercial company that seeks to make a profit would give salaries to employees who do not do any work for them. The questioner states that they are doing that out of fear of the employment office, so it seems that they are giving it out of fear of some punishment or penalty. This is also a kind of consuming people’s wealth unlawfully. Based on this, it is not permissible for you to take this salary. You have to return the money to them. We ask Allaah to help you to do that which is good, and to make it easy for you to do good wherever it is. We appreciate your keenness to ask about the ruling on this money; this is an indication of goodness in you. We ask Allaah to compensate you with something better. And Allaah knows best. Islam Q&A (www.islam-qa.com) 22870: Is rent received from a bank halaal? Question: We rent our complex for a bank...whether the rent which we receive from the bank is halal. please clarify. 270
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Answer: Praise be to Allaah. Firstly: Dealing in riba is haraam and is a major sin. Allaah says (interpretation of the meaning): “O you who believe! Fear Allaah and give up what remains (due to you) from Ribaa (from now onward) if you are (really) believers. 279. And if you do not do it, then take a notice of war from Allaah and His Messenger but if you repent, you shall have your capital sums. Deal not unjustly (by asking more than your capital sums), and you shall not be dealt with unjustly (by receiving less than your capital sums)” [al-Baqarah 2:278-278] Secondly: Once it is established that it is haraam to deal in riba, then it is also haraam to help others in that in any way whatsoever. That is because Allaah says (interpretation of the meaning): “Help you one another in AlBirr and AtTaqwa (virtue, righteousness and piety); but do not help one another in sin and transgression” [al-Maa’idah 5:2] Based on this, it is not permissible for you to rent a place to a bank that deals in riba, because that is helping the bank in this major sin, namely riba. It was proven that the Prophet (peace and blessings of Allaah be upon him) cursed the one who consumes riba, the one who pays it, the one who writes it down and the two who witness it, 271
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and he said: “They are all the same.” Narrated by Muslim, 1598. Al-Nawawi said: This indicates that it is haraam to cooperate in falsehood. Al-Sindi said: All of them are cursed for their participation in sin. The scholars of the Standing Committee for Issuing Fatwas were asked: I own a building and one of the banks applied to rent it. This bank is one of those that deal in riba. Is it permissible for me to rent it to this bank and others that deal in riba, or not? They replied: That is not permissible, because the bank mentioned is going to use it as a place for dealing in riba, which is haraam. Renting it to them for this purpose is helping them in doing something haraam. Allaah says (interpretation of the meaning): “Help you one another in AlBirr and AtTaqwa (virtue, righteousness and piety); but do not help one another in sin and transgression” [al-Maa’idah 5:2] Fataawa Islamiyyah, 2/423, 424 Shaykh ‘Abd al-‘Azeez ibn Baaz said: There are many verses and ahaadeeth which indicate that it is haraam to cooperate in sin. By the same token it is haraam to rent property to owners of banks that deal in riba, because of the evidence mentioned. Fataawa Islamiyyah, 2/395 272
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The rent that you take from the bank is haraam wealth, which you must get rid of by giving it in charity. You must hasten to do that, because the Prophet (peace and blessings of Allaah be upon him) said: “Every body that is nourished on haraam things, the Fire is more fitting for it.” Narrated by al-Tabaraani; classed as saheeh by alAlbaani in Saheeh al-Jaami’, 4519. With regard to the rent that you took before you knew that it is haraam, it is permissible for you, because Allaah said, when He revealed the prohibition of riba (interpretation of the meaning): “So whosoever receives an admonition from his Lord and stops eating Ribaa, shall not be punished for the past; his case is for Allaah (to judge)” [al-Baqarah 2:275] See also questions no. 2492 and 8196 And Allaah knows best. Islam Q&A (www.islam-qa.com) 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 273
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we cannot compare alcohol to pork because 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. 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] 274
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So it is not permissible for anyone to say, this is halaal 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) 275
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say when he was in Makkah at the time of the Conquest: “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 276
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are, such as idols. The purpose for which they are used is 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 277
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and blessings of Allaah be upon him) cursed alcohol, 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 (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 nonMuslims is not haraam, and there is no text in the Qur’aan or Sunnah that says that it is haraam to sell it to nonMuslims”, 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. 278
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Fourthly: 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) 33858: He took some money by force from a man and he wants to repent Question: A long time ago I was on a journey with some people whom I did not know and we wanted to exchange some money. One of them gave me some money to exchange it 279
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for him, so I exchanged it and spent it on my family. When he asked me for the money I told him to get lost. I have repented, praise be to Allaah, but I do not know the man or where he lives. What should I do?. Answer: Praise be to Allaah. If the situation is as you describe then you did something bad and committed a great sin. You have to repent and seek forgiveness, and you have to try hard to look for the owner of the money. If you find him, then ask his pardon and give him the money. If you cannot find him then look for his heir and give him the money. If you cannot find his heir, then give the money in charity with the intention that the reward should go to the owner. If you find the owner or his heir after that, then tell him what happened; if he approves, all well and good, otherwise give him what is his due, then you will have the reward for the money given in charity. And Allaah is the Source of strength. Fataawa al-Lajnah al-Daa’imah li’l-Buhooth wa’l-Ifta’, 14/24. (www.islam-qa.com) 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. 280
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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) 47791: He used to take things from work; what should he do now that he has repented? Question: I am an employee in a government department. I used to take some pens, paper, paper clips and erasers home with me. After that Allaah enabled me to repent and follow the right path, praise be to Allaah. But what should I do about these things so that I may clear my conscience? Please note that I do not remember form which office I took them. What should I do?. Answer: Praise be to Allaah.
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Allaah has commanded us to keep our trusts, and He has forbidden us to take people’s wealth or property in unlawful ways. Allaah says (interpretation of the meaning): “Verily, Allaah commands that you should render back the trusts to those, to whom they are due” [al-Nisa’ 4:58] It was narrated that Abu Humayd al_Saa’idi said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “By Allaah, no one of you takes anything unlawfully but he will meet Allaah carrying it on the Day of Resurrection. I will certainly recognize some of you who meet Allaah carrying a camel that is groaning or a cow that is lowing or a sheep that is bleating.” Then he raised his hand until the whiteness of his armpit could be seen and said: “O Allaah, have I conveyed (the message)?” Narrated by al-Bukhaari, 6578; Muslim, 1832. Praise be to Allaah Who has enabled you to repent. This is a blessing from Allaah to you, for which He deserves to be thanked. So praise Allaah and ask Him for more of His bounty and help. You do not have to disclose to the department what you have done, rather it is sufficient for you to return the things themselves or the equivalent in whatever way you can. If you cannot return them then you can give an equivalent amount in charity. You should try to find the office from which you took them; if you cannot do that, then it is sufficient – in sha Allaah – for you to return them to the department itself. The Standing Committee was asked about a man who used to work in the armed forces and took a coat without permission. They replied: 282
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You have to return something equivalent to the coat that you took or its value to the section from which you took it. If you cannot then give the equivalent amount in charity to a poor person. Fataawa al-Lajnah al-Daa’imah, 23/430. For more information please see questions no. 43100, 40019, 33858. 20062. Islam Q&A (www.islam-qa.com) 44922: Editing a book containing pictures Question: We are a new company wich is dealing about design. About more than 1 month ago we get a contract with a bank to edit a training book for it employees. The problem is that before we edit this book we thought that we will be able to edit a book without pictures, but the bank ask us to edit a book with pictures. We know that pictures is haram, so I asked to my brother that we can not edit such book, but my friend reply me that we can not stop our contract cause if we stop it the bank will lead us to the justice court and we may have very serious problems. So we continue our contract with this bank till we finished to edit this book, now the book is being printing and we will soon receive the paymenent of the bank for our work. So our dear sheikh here is another problem too, I just read that dealing with company wich are dealing with ribaa is haram, and the bank for wich we edited the book is a pure ribaa bank. So we will soon receive the payment of this bank, is this money haram ? If this money is haram, can I take back my personnal money I invest to buy the ink for the printer and to buy the orther things wich had a 283
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connection with this project. Can I pay the employee and the rent of the computer that we use for this project and all other equipements and electricity and bill phones ? Can we use the money of this bank to pay the taxes (like automotive insurances and so on …) and to pay back debts ? For the money wich will left what we will do with it ? can I give it to poor people or to build Islamic center or to use it for other dawah purpose ?. Answer: Praise be to Allaah. If what is meant by your words “pictures are haraam” is photographs, this matter has been discussed previously in the answers to questions no. 13633, 10668 and 7918. Drawing pictures of animate beings by hand is haraam. See question no. 39806. You do not say anything in your question about the content of this book. If the book is an advertisement for the activities of the riba-based bank, then printing it is haraam because that involves helping the bank to deal in riba. 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 it is not permissible to accept any payment at all, and you should donate all income from this project to charity. But if the content of the book is permissible and by printing the book you are not helping the bank in its haraam activities or doing advertising for them, then take 284
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out of the money enough to purify it, i.e., the payment for printing haraam pictures. We ask Allaah to compensate you with something better, for whoever gives up something for the sake of Allaah, Allaah will compensate him with something better than that. And Allaah knows best. Islam Q&A (www.islam-qa.com) 22914: Is it permissible to do research for a student in return for payment? Question: Some teachers ask their students to do research and give the students grades for that. Is it permissible for me to do this research for the student in return for payment that I take from him?. Answer: Praise be to Allaah. Doing research that is required by teachers in government schools or elsewhere is a requirement of study that serves specific goals such as training the student to research, acquainting them with the sources, finding out how able he is to derive information and organize it, and other aims of asking the student to do research. Hence if some teachers or others do this work on the student’s behalf in return for payment or without payment, this is a haraam action, and the payment for it is haraam earnings, because it involves deceit, lying and falsification. This is a kind of cooperating in sin, and Allaah says (interpretation of the meaning): 285
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“but do not help one another in sin and transgression” [al-Maa’idah 5:2] And the Prophet (peace and blessings of Allaah be upon him) said: “Whoever deceives us is not one of us.” Narrated by Muslim, 101 To sum up: it is not permissible for a student to delegate someone to do research on his behalf, and it is not permissible for anyone to do it on his behalf in secret, or to take payment for that. And Allaah is the source of strength. May Allaah send blessings and peace upon of Prophet Muhammad and his family and companions. Fataawa al-Lajnah al-Daa’imah li’l-Buhooth al-‘Ilmiyyah wa’l-Ifta’, 12/203. (www.islam-qa.com) 47354: Can traders agree on prices before they submit their tenders? Question: Is it permissible for a group of traders to agree on prices before they submit their tenders, after they learn of the amount allocated for this particular deal, in order to prevent another trader undercutting them, and after one of them wins the deal, they will share it with one another. Answer: Praise be to Allaah. It is not permissible for the traders to agree on prices before submitting their tenders, because that harms the one who 286
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is seeing the deal, who only invited them to submit their tenders in order to get the best deal. The Prophet (peace and blessings of Allaah be upon him) said: “Leave the people alone (to engage in trade), and Allaah will provide for some of them by means of others.” Narrated by Muslim, 1522. Moreover, agreeing in advance and sharing out the deal among the traders without the knowledge of the agent is deceiving him, and in the hadeeth it says, “Whoever deceives us is not one of us.” Narrated by Muslim, 101. The Standing Committee was asked about buyers at an auction agreeing not to increase the price beyond a specific limit. They replied: The agreement between buyers to stop when the price at an auction reaches a certain limit is a kind of selfishness, which will cause harm to the sellers of the product. Both selfishness and harming others are forbidden. This is a bad attitude that does not befit the Muslims and is not approved of by Islamic sharee’ah. The seller who is affected by such a conspiracy not to raise the price beyond a pre-set limit has the choice, if he realizes that he has been cheated, of either annulling the sale or allowing it to proceed. Fataawa al-Lajnah al-Daa’imah, 13/114. The Muslim should strive to ensure that his food comes from good, halaal sources. The Prophet (peace and blessings of Allaah be upon him) said: “Every body that is nourished from haraam sources, the Fire is more suited for it.” Narrated by al-Tabaraani and Abu Na’eem from Abu Bakr; classed as saheeh by al-Albaani in Saheeh alJaami’, no. 4519. It was also narrated by al-Tirmidhi, 614, from the hadeeth of Ka’b ibn ‘Ajrah, where the wording is: “No flesh grows 287
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that was nourished from haraam sources, but the Fire is more suited for it.” May Allaah protect us and you from the evil thereof. And Allaah knows best. Islam Q&A (www.islam-qa.com)
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