Islam: Questions And Answers - Jurisprudence and Islamic Rulings: Transactions - Part 8

ISLAM: QUESTIONS AND ANSWERS

Jurisprudence and Islamic Rulings: Transactions - Part 8 Volume 29 of a Series of Islamic Books by Muhammad Saed Abdul-Rahman

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Islam: Questions And Answers Volume 29 Jurisprudence and Islamic Rulings: Transactions - Part 8

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Islam: Questions And Answers Volume 29 Jurisprudence and Islamic Rulings: Transactions - Part 8

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 29 paperback 1 86179 464 9 ISBN for volume 29 hardback 1 86179 465 7 ISBN for volume 29 pdf eBook 1 86179 466 5 ISBN for volume 29 Microsoft eBook 1 86179 467 3 ISBN for volume 29 Palm eBook 1 86179 468 1 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 .............................................................................. 1 Chapter 1................................................................................... 3

Transactions ........................................................... 3 Employment for a Salary: General ............................................................................ 3 49677: Where should he deposit his money in these times when riba is so widespread? ................ 3 45018: Should he accept his father’s money that was earned from haraam sources? ....................... 5 45670: He used to take money without his parents’ knowledge; what should he do now? .......... 10 45016: He stole from his father and brother, and now regrets it ..................................................... 11 34591: Accepting gifts and donations from haraam wealth .......................................................... 13 40234: He told the students to pay money towards classroom renovations and he gives them grades accordingly ........................................... 15 40245: He is trying to get out of paying back to the property bank on the grounds that he has a right in the bayt al-maal .................................. 16 40468: Is it permissible for him to take the money left over by the students after a trip because he was not paid anything for supervising?.............................................................. 19 46645: He is not going to be transferred, so should he take the relocation costs? ......................... 20 34551: He died and left behind wealth on which he did not pay zakaah, and interest ................ 22 40649: Do not betray the one who betrays you ........ 25 42567: Ruling on participating in pension plans...... 29 40019: He pilfered some money and does not know how much, and he cannot repay it. What v

should he do? ........................................................... 30 40157: He is afraid that if he returns money that he stole before he was guided, he will be found out. What should he do? ............................ 32 36788: Invitation to a dinner given by a riba-based bank ........................................................ 33 43100: He took some money unlawfully. How should he repent? ............................................. 34 39488: It is not permissible for your father to accept what is given to him because of his work .................................................................... 35 20695: What should be done with interest? ............. 38 20952: Can he accept money that comes from the lottery company? ....................................... 39 33695: What should a person who accumulated his wealth from haraam sources do? ........................ 40 33852: Ruling on money earned from haraam sources ...................................................................... 41 13710: Cheating at work to get extra travel expenses ................................................................... 42 14367: Is it permissible to steal from the kuffaar?..................................................................... 42 20062: He was given more money than he was entitled to .......................................................... 46 21401: Well-off people taking things that are only for the poor from a kaafir state ......................... 48 31217: Can she use things that her father takes from work unlawfully? ............................................. 50 22399: Ruling on working for or buying magazines whose content is mostly haraam, as is the case with many women’s magazines, both Arabic and western ........................................... 52 25758: Ruling on taxes that are paid on goods ........ 54 1203: Taking an orphan’s property is stealing .......... 56 8872: He stole money and gave it to his father ........ 57 12088: Kuwaitis being paid through the United Nations for the delay in compensation from vi

the Iraqis ................................................................... 57 5559: Their father left behind haraam money .......... 59 7959: Lying to the government in order to receive assistance ..................................................... 60 4642: He had his beard shaved by the barber, then he repented – so should he pay the barber? ...... 62 66: What to with income partly haram and partly halal.200697.66.html ................................................ 62 29: Money earned from doing forbidden things ....... 63 Chapter 2................................................................................. 65

Transactions ......................................................... 65 Insurance ....................................................................... 65 21886: Insurance on credit cards .............................. 65 45656: How should they dispose of insurance money after their father’s death? .............................. 66 40336: Working for an insurance company .............. 67 39474: Benefitting from insurance ........................... 69 22933: Ruling on shares in a car insurance company ................................................................... 72 9348: He works for a company that deals with insurance .................................................................. 74 30740: Borrowing from one who stipulates life insurance as a condition of giving the loan ........ 77 21559: Can the heirs benefit from compensation paid out by the car insurance? .................................. 79 21262: Should he appoint a kaafir lawyer to get his money from the insurance company? ........... 80 10805: Life insurance ............................................... 81 11361: Is it permissible to take out insurance to cover funeral expenses? ....................................... 82 8889: The true nature of insurance and the rulings concerning it ................................................. 83 1401: Working for A Company That Covers All Employees with Insurance ................................. 87 5392: Compulsory car insurance .............................. 88 4540: Ruling on accepting compensation for disability caused at a private school ......................... 89 vii

Chapter 3................................................................................. 92

Transactions ......................................................... 92 Blood Money ................................................................. 92 40269: Husband forcing his wife to abort a pregnancy ................................................................. 92 12049: He killed a man then he committed suicide. Do the kin of his victim have any financial rights? ........................................................ 94 9112: His father killed his mother; can he take the inheritance from him on the basis that it is diyah (blood money)? ................................. 95 Chapter 4................................................................................. 97

Transactions ......................................................... 97 Debts ............................................................................. 97 13945: It is permissible to waive part of a debt in return for bringing forward repayment. ........ 97 33700: Should marriage be given priority over settling debts? ................................................. 100 26842: He let him off the debt and now he is asking for it to be paid ........................................ 101 13180: Writing a debt and having it witnessed ...... 102 21626: He borrowed money and the person to whom it was owed has died, and he does not know how to repay it ........................................ 106 3469: Which should he do first – go for Hajj or pay off his father’s debt? .................................... 108 6362: Paying a debt with a check which the vendor has not yet cashed ....................................... 108 5980: He has a debt for something haraam – should he repay it?............................................... 109 5979: Too much debt .............................................. 111 5345: People borrow things and do not return them. What to do? ........................................ 112 4693: Giving charity on behalf of others ................ 114 3674: He has repented but he still owes money for music tapes ....................................................... 115 2806: If one can’t find the lender in order to viii

repay a debt, what should one do? ......................... 116 58: Borrowing money from one whose income comprises haram money ............................ 117 Chapter 5............................................................................... 118

Transactions ....................................................... 118 Felonies: General ........................................................ 118 40269: Husband forcing his wife to abort a pregnancy ............................................................... 118 Question: ................................................................ 118 Answer: .................................................................. 118 13317: Abortion of pregnancy resulting from rape ................................................................ 120 12475: Rulings to do with abortion ........................ 124 12289: Ruling on aborting a deformed foetus ........ 126 11875: She had an abortion in the second month; does she have to offer any expiation? ........ 129 48996: Her husband is going to divorce her and she is in the early stages of pregnancy. Can she have an abortion?...................................... 131 33683: Blood-money and expiation must be paid if one kills a kaafir who is protected by sharee’ah ............................................................ 132 39502: A vehicle overturned in front of him and he hit it, and two people died .......................... 136 42321: Ruling on aborting a pregnancy in the early stages ............................................................. 138 8894: Should we forgive the kuffaar if they harm us? ................................................................. 139 10923: Murder is one of the greatest of major sins ............................................................... 149 12118: Abortion of physically deformed foetus ...................................................................... 150 13319: Abortion after the soul has been breathed into the foetus .......................................... 153 13331: Abortion of a foetus resulting from a zina relationship .................................................. 155 ix

11406: Killing non Muslims .................................. 158 4661: There is No Expiation Upon Her ................. 159 4038: Ruling on aborting or caring for a child whose mother has AIDS ................................ 160 4017: Does a woman have to defend herself against a would-be rapist? ...................................... 161 2160: Ruling on surgery that causes sterility ......... 164 2100: What can be done for someone who has committed suicide? .......................................... 165 1182: Running the fingers through the beard when making wudoo’ ............................................. 167 2437: Murdering of women and children ............... 167 20: Repentance (tawbah) from stealing—on returning items anonymously ................................. 169 Chapter 6............................................................................... 170

Transactions ....................................................... 170 Felonies: Killing by Mistake, Manslaughter ............... 170 46720: Two cars collided and three people died. What does he have to do? .............................. 170 38853: He killed a Christian by mistake – should he fast for two consecutive months? ....... 172 12733: What should a woman who deliberately aborts her foetus do (to expiate for her sin)? .......... 174 5241: The girl took some pills from her mother’s pocket and swallowed them .................... 175 10019: She gave her baby daughter a bottle and went to sleep, and the baby died ...................... 176 Chapter 7............................................................................... 177

Transactions ....................................................... 177 Punishment and Judicial Sentences ............................. 177 13926: Can a thief have his hand surgically reattached?.............................................................. 177 14312: It is not permissible to replace stoning of an adulterer with killing by the sword or by shooting .............................................. 178 12797: Does this hadeeth contradict the principle of equality and justice in Islam?.............. 179 x

14528: He has repented from zina; does the hadd punishment have to be carried out on him? ................................................................... 181 47834: Is repentance accepted if the hadd punishment is not carried out on a person? ............ 183 12406: Why should a person who disbelieves after becoming Muslim be executed? .................... 187 12461: If a person commits a crime which deserves a hadd punishment in a land that is not ruled according to that which Allaah has revealed, what is to be done? ................................. 190 47086: Returning stolen property to its kaafir owners .......................................................... 192 8980: Who is the one who should carry out the hadd punishment for zina? ............................... 196 13233: Description of flogging for an unmarriezd person who commits zina.................... 203 27113: Will the zaani (fornicator) who repents be forgiven even if the hadd punishment is not carried out on him?................................................. 206 21058: The punishment for lesbianism .................. 209 20848: He hugged his sister when they were both naked .............................................................. 214 20824: The reasons for capital punishment in Islam ................................................................... 215 21716: She fed her mother something harmful and she died ............................................................ 220 8981: She committed adultery when she was a minor – should the hadd punishment be carried out on her? .................................................. 221 7545: He has repented from stealing from the kuffaar .............................................................. 224 31234: He bought things and has not paid for them .................................................................. 227 20037: What is the punishment for one who drinks alcohol, and are his prayer and fasting valid? .......................................................... 230 xi

20327: Why is the apostate to be executed in Islam? ................................................................. 233 10050: Why does Islam forbid lesbianism and homosexuality? ................................................ 238 14238: Why is the hand cut off in the case of stealing but not in the case of (daylight) robbery or seizing by force? ................................... 244 14240: What is the difference between compensation (diyah) and theft (sariqah) when it comes to the hand? .................................... 245 21900: Ruling on financial penalties in Islam ........ 247 9589: Her husband stole from a store, claiming that their prices were too high ................................ 249 8895: He committed zinaa then he became Muslim; should he be subjected to the punishment? ................................................. 254 5157: Health care for prisoners in Islam ................ 255 6202: Will a sinner be punished in the Hereafter if the legal punishment (hadd) is carried out on him in this world? ........................ 260 2936: Questions about the punishment for hiraabah (aggression) ............................................. 262 1670: Can sihr (witchcraft, magic) kill? ................ 269 1978: Ruling on aborting a deformed fetus ............ 270 2104: Muslim attitude towards the sin of homosexuality ........................................................ 271 811: Why death is the punishment for Apostasy .... 273 18: Repentance (tawbah) from murder ................... 275

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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 8, is the twenty-ninth 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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Chapter 1 Transactions Employment for a Salary: General 49677: Where should he deposit his money in these times when riba is so widespread? Question: Where should I deposit my money in an age when people have become so negligent and the banks are dubious because of riba, and we have no Islamic banks and keeping the money at home is not safe? I want to deposit my money in a place that is permissible, without committing any sin. And I want to invest it and pay zakaah on it, otherwise it will get used up and the amount of zakaah will be reduced. Answer: Praise be to Allaah. Depositing one’s money in a riba-based bank helps the bank to deal in riba; this applies even if you do not get any interest on your deposit. If you do get interest, this is the riba that is forbidden by Allaah and His Messenger. The Messenger of Allaah (peace and blessings of Allaah be upon him) cursed the one who consumes riba and the one who gives it. Whoever has wealth that he wants to save or invest should 3

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look for a permissible way of doing so. He may give the money to a trustworthy man to do business with it for him, and they can share the profit in whatever manner they agree upon. If he cannot find any way to save it other than depositing it in the bank, then there is no sin in that if it is done out of necessity, so long as that does not involve any interest. He should choose the least evil of the banks, and the one that is closest to the way of dealing that is prescribed in sharee’ah. Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) said: With regard to depositing money in bank accounts that pay interest monthly or annually, this is a kind of riba that is forbidden according to scholarly consensus. With regard to depositing it without interest, it is better not to do that except in cases of necessity if the bank deals with interest, because depositing money with the bank, even if no interest is paid, helps the bank to engage in its ribabased transactions, so there is the fear that the one who does this may come under the heading of those who help others in sin and transgression, even if he does not intend to do so. We must beware of that which Allaah has forbidden and look for sound ways of preserving and disposing of wealth. May Allaah help the Muslims to do that which will lead to their happiness and victory and salvation. May He help them to quickly establish Islamic banks that are free of riba, for He is Able to do that. May Allaah send blessings and peace upon our Prophet Muhammad and his family and companions. Fataawa Ibn Baaz, 4/30, 311 See also question no. 22392 4

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And Allaah knows best. Islam Q&A (www.islam-qa.com) 45018: Should he accept his father’s money that was earned from haraam sources? Question: I hope you can advise me about this matter. I am a young man, twenty-one years old. I am studying in business college and my father works in tourism (in the private sector, in one of the resort cities). He is an electrical engineer and works in the village as the director of the engineering department, which means that he is responsible for everything that has to do with electricity, staring with light fixtures and ending with water pumps, and including refrigerators for storing wine, lights for dance halls, televisions, etc. He receives a high salary for this work, four thousand Egyptian pounds. As well as studying, I was also working in a restaurant – just because I liked the work, not because I needed to. When I wanted to become independent and start a small business of my own, I could not find anyone except my father from whom to take the money I needed. But I was not sure as to whether my father’s money is halaal or haraam, so I consulted one of the shaykhs who are known to be of Ahl al-Sunnah, and he told me that as his money is mixed, it is not permissible for me to take anything of it except for essential things such as food, drink, clothing and tuition fees. As for what I need as capital to start my own business, it is permissible to take it from him as a loan. But now my father wants to help me as a father, and work alongside me in the store. Sometimes I would leave the store to him and go and take care of the store’s needs and my own needs. In this way my father started to learn 5

Jurisprudence and Islamic Rulings

about my work and was able to run the store by himself. This is where the first problem arises … I used to keep precise records of what I took from my father, but since he joined me in the store, things have become mixed up. My father sometimes takes money from his own pocket and puts it in the till, or buys goods for the store from his own pocket. This can be kept track of with a great deal of effort, but what I cannot keep track of is the fact that he may buy food for the house, then he finds that the store needs it, so he brings some of what he bought for the house and puts it in the store, without my knowledge and without consulting me, and without telling me how much it cost so I can repay him. The second problem is that he is not happy with the idea of my returning the money to him, he regards it as my money and my brothers’ money, and he is working and bringing this money for us, so he will never accept the money being returned to him. The third problem is that he is not convinced that his money is haraam – if it is haraam. He thinks that it is the kind of “necessity which means that forbidden things are permitted” and his government job pays only 400 Egyptian pounds – not the difference. We are a family of five, two of whom are studying in university. He thinks that the wealth of the state is all haraam because the state deals with riba-based loans and imposes taxes and allows trade in alcohol, so everyone who works has some haraam element in his income. My question now is: 1- What is the ruling on my father’s wealth? Does the principle of “necessity which means that forbidden things are permitted” apply here? If that is the case, is it permissible for us to make use of his haraam earnings because he is looking after us? 2- How can I work out how much money my father has 6

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contributed to my business, when he himself does not know how much it is? 3- How can I return this money to him – if I have to return it – if he refuses to take it? Is it permissible for me to insist and to pay back the debts I owe to the people to whom it is owed? 4- What is permissible to me of my father’s wealth? If he dies, is it permissible for me to inherit his wealth?. Answer: Praise be to Allaah. Undoubtedly working in the tourist industry as it exists at present, especially in your country, involves a lot of things that go against sharee’ah, such as mixing, tabarruj (wanton display of women), alcohol and other haraam things. As this is the case, part of your father’s wealth is haraam. This is what the scholars call mixed wealth. The scholars have stated that if a person has mixed wealth that includes both halaal and haraam, it is permissible to eat from his wealth and it is permissible to deal with him in all ways, but it is better to be cautious. With regard to your father claiming that this is a necessity, that is not correct, because there are many means of earning a halaal living. Allaah says (interpretation of the meaning): “And whosoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (from every difficulty). 3. And He will provide him from (sources) he never could imagine” [al-Talaaq 65:2-3] 7

Jurisprudence and Islamic Rulings

If a person makes this claim, then soon he will claim that he can do all kinds of haraam things because of necessity. You should understand that there are severe consequences to consuming haraam wealth, even if that is only that one’s du’aa’s are not answered, as it says in Saheeh Muslim, that the Prophet (peace and blessings of Allaah be upon him) said: “Allaah is Good and only accepts that which is good…” and he mentioned a man who has been traveling for a long time and is unkempt and covered with dust, and he raises his hands to the heavens (and says), “O Lord, O Lord,” when his food is haraam, his drink is haraam, his clothes are haraam, and he is nourished with haraam, so how can he receive any response? Narrated by Muslim, no. 1015. The wealth that your father has acquired through the haraam job is described by the scholars as wealth that is haraam because of the way in which it was acquired, i.e., he earned it in a haraam manner. Some scholars are of the view that this wealth is haraam only for the one who earns it, but for the one who takes it from him in a permissible way, it is not haraam for him, such as if your father gives you a gift or spends on you and so on. Shaykh Ibn ‘Uthaymeen said: Some of the scholars said that in the case of wealth that is haraam because of the way in which it was acquired, the sin is only on the one who earned it, not on the one who takes it in a permissible way from the one who acquired it. This is unlike wealth that is haraam in and of itself, such as alcohol, wealth seized by force, and so on. This view has a strong basis, because the Messenger (peace and blessings of Allaah be upon him) bought food from the Jews for his family, and he ate from the lamb that the Jewish women gave him in Khaybar, and he accepted the invitation of a Jew, even though it is well known that most of the Jews consume 8

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riba and haraam wealth. Perhaps this view is further supported by the words of the Prophet (peace and blessings of Allaah be upon him) concerning the meat that was given in charity to Bareerah: “It is charity for her and a gift from her to us.” Al-Qawl al-Mufeed ‘ala Kitaab al-Tawheed, 3/112. Shaykh Ibn ‘Uthaymeen said: With regard to that which is haraam because of the way in which it is acquired, such as that which is taken by means of deceit, or by means of riba, or by means of lying and so on, this is haraam for the one who acquires it, but it is not haraam for anyone else if he acquires it from him in a permissible manner. This is indicated by the fact that the Prophet (peace and blessings of Allaah be upon him) used to deal with the Jews even though they used to consume haraam wealth and riba. This indicates that it is not haraam for anyone other than the one who acquired it. Tafseer Soorat al-Baqarah, 1/198. Based on this, then you can inherit from your father and you do not have to keep track of what he has contributed to your business, or return what he contributed, but if you are cautious about consuming any of his wealth as much as you can, that is better. And Allaah knows best. For more information, see Ahkaam al-Qur’aan by Ibn al‘Arabi, 1/324; al-Majmoo’, 9/430; al-Fataawa alFiqhiyyah al-Kubra by al-Bayhaqi, 2/233; Kashshaaf alQinaa’, 3/496, question no. 21701. Islam Q&A (www.islam-qa.com)

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45670: He used to take money without his parents’ knowledge; what should he do now? Question: I have a very important question, which I hope you can answer. My father has a store in which he sells cards for public telephones. Every time I needed a card I used to tell my father or my mother that I was going to take a card from the store and they would let me do that. But there came a time when I needed a card nearly every day. And I would take a card with the knowledge of the clerk who was working in the store, but I did not tell my father or mother, because I felt that they would never agree to that. When I realized how wrong this was, I never took anything without their knowledge after that. I regretted what I had done and repented to Allaah. Is repentance enough or do I have to tell them what I was doing? Or can I at least take part of my own money and give it to them without them knowing that it was me who gave them this money, because I cannot tell them openly? Can I give them the money until I have paid off what I took, knowing that I do not know the true amount I took because I took so many cards?. Answer: Praise be to Allaah. We hope that when you used a lot of these cards it was for good and permissible purposes, because if it was used for the opposite then your using them will be compounded by other sins too, so you should pay attention to this fact. As you have acknowledged that you were wrong to take these cards without your parents’ permission, you have to repent from doing that – praise be to Allaah Who has 10

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guided you to repent and regret your actions. But you should understand that there are conditions for repentance, which is not valid unless they are met. These conditions include: immediately giving up the forbidden action, resolving not to go back to it, and restoring people’s rightful property or seeking their forgiveness. You do not have to tell your father what you did, rather what you have to do is to return the money in whatever way you can. You should try hard to figure out the value of the cards you took without your father’s permission, and give this money to him. We ask Allaah to accept your repentance and to guide you to do righteous deeds. And Allaah knows best. For more information see the answers to questions no. 43100, 33858, 31234, 40157 And Allaah knows best. Islam Q&A (www.islam-qa.com) 45016: He stole from his father and brother, and now regrets it Question: When I was a teenager, I used to take money from my father and my older brother without their knowledge. Now I regret what I did, and I am wondering whether I should return the money to its owners, but I do not know exactly how much I took. Answer: Praise be to Allaah. 11

Jurisprudence and Islamic Rulings

What you did comes under the heading of stealing, but you regret what you have done and the Prophet (peace and blessings of Allaah be upon him) said: “Regret is repentance.” Narrated by Ahmad, 3558; Ibn Maajah (4252; classed as saheeh by al-Albaani in Saheeh Ibn Maajah. What is meant is that regret is the major part of repentance. Praise be to Allaah that you have been guided to repent. Part of your repentance is returning things to their rightful owners, or asking them to forgive you and let you off. You have to figure out how much you took, and do your best to work it out, then return it to your father and brother. You do not have to tell them that you had stolen this money from them, rather the point is to return the money to its rightful owners in whatever way possible. See also questions no. 31234 and 40157. If you want to tell them what happened and ask for their forgiveness, this will not harm you, in sha Allaah, especially since you did this when you were a teenager and Allaah has now enabled you to repent from it. The Prophet (peace and blessings of Allaah be upon him) said: “The one who repents is like one who did not sin.” Narrated by Ibn Maajah, 4250; classed as saheeh by alAlbaani in Saheeh Ibn Maajah. You must hasten to do that, because the Prophet (peace and blessings of Allaah be upon him) said to his companions one day: “Do you know who is the one who is bankrupt?” They said: “Among us, the one who is bankrupt is the one who has no dirhams and no goods.” He said: “Rather the one who is bankrupt amongst my ummah is the one who will come on the Day of Resurrection with prayer, fasting and 12

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zakaah, but he will come having insulted this one, slandered that one, consumed the wealth of this one, shed the blood of that one and beaten this one, all of whom will be given some of his hasanaat (good deeds), and if his hasanaat run out before the scores have been settled, some of their sins will be taken and thrown onto him, then he will be cast into the Fire.” Narrated by Muslim, 2581. We ask Allaah to accept your repentance, and to help you to say and do the right thing. And Allaah knows best. Islam Q&A (www.islam-qa.com) 34591: Accepting gifts and donations from haraam wealth Question: Some Muslims here in Britain accumulate their wealth from both halaal and haraam sources, because they are businessmen and some of the things in which they deal are alcohol and pork. They vary in the extent to which they do that. In some cases most of the person’s wealth comes from haraam sources, and in others only a little of their earnings is haraam. Is it permissible for us Muslims to mix with them and eat their food if they invite us? Is it permissible for us to accept their donations from this wealth for the mosque?. Answer: Praise be to Allaah. Firstly: You have to advise them and warn them of the 13

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evil consequences of dealing in haraam things and acquiring wealth from haraam sources. You should cooperate with your brothers among the righteous to remind them and warn them of the wrath of Allaah and the severity of His punishment of those who disobey Him and wage war against Him by committing haraam actions. You should teach them that the pleasures of this world are few, and that the Hereafter is better and more lasting. If they respond, then praise be to Allaah. In that case they are your brothers in Islam. Then you should advise them to return that which they took wrongfully to its rightful owners, if they know who they are, and to follow their bad deeds with good deeds, so that Allaah will accept their repentance and turn their bad deeds into good deeds. Then it will be permissible for you to mix with them as your brothers in faith, and to eat their food and accept their donations for building and furnishing the mosque etc., because by repenting and returning to people what is rightfully theirs as much as possible, their previous sins will be forgiven, as Allaah says (interpretation of the meaning): “So whosoever receives an admonition from his Lord and stops eating Ribaa, shall not be punished for the past; his case is for Allaah (to judge)” [al-Baqarah 2:275]. Secondly: If they still refuse to heed advice and reminders, and they persist in doing haraam things, then you have to forsake them for the sake of Allaah, and not respond to their invitations or accept their donations, as a rebuke to them and, in the hope that this will deter them from committing evil actions. And Allaah is the Source of strength. 14

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Fataawa al-Lajnah al-Daa’imah, 16/182-183. (www.islam-qa.com) 40234: He told the students to pay money towards classroom renovations and he gives them grades accordingly Question: The teacher asked us to pay 30 riyals before the exam for renovating the classroom, and he gave extra marks for participation or extra marks in the exam if the participation mark was already complete… and he claimed that this is permissible because the extra marks were not on the exam paper, rather it was in the final total of the marks and the opportunity was available to all students. It was to be paid before the exam and whoever was not able to pay that money could have had the amount reduced and if he was not able to pay at all, he could have been let off, so he could still have the same advantage as the other students had who did pay. Is what he did correct? Please give a detailed reply, quoting evidence. Answer: Praise be to Allaah. The teacher does not have the right to take anything from the students, even if that this for the purpose of renovating the classroom, because that is not the responsibility of the students; rather it is the responsibility of the school. This money in many ways is similar to the haraam maks (customs levy or purchase tax) – see question no. 39461 concerning the prohibition of the maks. Marks for participation are only given to students for their 15

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efforts and hard work in their studies, not for giving money to the teacher! The same applies to grades in the test, they should be based on what the student has written on his test paper, and have nothing to do with renovation or adornment of the classroom. If the teacher gives marks to students in return for them giving him money, this goes against the education system and is also wronging people with regard to their wealth, and exposing the poorer students to embarrassment when they have to tell him that they cannot pay all or some of the money. The teacher has to fear Allaah and give each student the grades that he deserves according to the education system that is in place. He should not ask the students for money, no matter how little. The teacher should encourage the students to donate money for repairs to the classroom, or for any other charitable cause. That comes under the heading of cooperating in righteousness and piety. It also makes the students get used to spending money on charitable causes. But that should have nothing to do with the grades that the students get. And Allaah knows best. Islam Q&A (www.islam-qa.com) 40245: He is trying to get out of paying back to the property bank on the grounds that he has a right in the bayt al-maal Question: Some people do not pay back the property bank on the 16

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grounds that they have a right to the bayt al-maal of the Muslims, but the state is not giving them their rights. What is your opinion on that? We hope you will reply. Answer: Praise be to Allaah. It is not permissible to try to get out of paying back to the property bank, because that is a kind of betrayal and transgression against the public wealth. Allaah says (interpretation of the meaning): “Verily, Allaah commands that you should render back the trusts to those, to whom they are due; and that when you judge between men, you judge with justice. Verily, how excellent is the teaching which He (Allaah) gives you! Truly, Allaah is Ever AllHearer, AllSeer” [al-Nisa’ 4:58] And the Prophet (peace and blessings of Allaah be upon him) said: “The Muslims are bound by their conditions.” Narrated by al-Tirmidhi, 1352; Abu Dawood, 3594; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi. He (peace and blessings of Allaah be upon him) also said: “I appoint a man among you to do work that Allaah has appointed me to do, then he comes and says: ‘This is your wealth and this is a gift that I was given.’ Why doesn’t he sit in the house of his father and mother and see if he is given anything? By Allaah, no one of you takes anything unlawfully but he will meet Allaah carrying it on the Day of Resurrection. I do not want to see any one of you carrying a camel groaning or a cow mooing or a sheep bleating when he meets Allaah.” Then he raised his arm (so high that) his armpit could be seen and said, O Allaah, have I conveyed the message?” 17

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Narrated by al-Bukhaari, 6578; Muslim, 1832. The bayt al-maal (treasury) of the Muslims belongs to all the Muslims, not just to a particular group of people. Those who are in charge of it are simply entrusted with looking after it and collecting it and distributing it to those who are entitled to it. It is not permissible for anyone to transgress against it or to take anything from it that he is not entitled to. If we assume that there is someone who does steal from it and transgress against it, it is not permissible for us to join him in that grave sin. If it were permissible to plunder and steal the wealth of the state on the grounds that one is taking from the bayt al-maal, there would be a great deal of evil, corruption, aggression and wrongdoing, and all of them would be guilty of betrayal. So beware of betrayal with regard to the public wealth, for this is wrongdoing and aggression against all the Muslims. With regard to his saying that the state does not give him his due from the bayt al-maal, even if this is true it does not allow him to break the covenant that he took upon himself when he signed the contract with the bank, because breaking a covenant or contract (‘aqd, pl. ‘uqood) is a kind of betrayal, and Allaah says (interpretation of the meaning): “O you who believe! Fulfil (your) obligations (‘uqood)” [al-Maa’idah 5:1] “Certainly Allaah likes not the treacherous” [al-Anfaal 8:58] And the Prophet (peace and blessings of Allaah be upon him) forbade betraying the one who betrays you, so how can you betray him when he has not betrayed you?! 18

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He (peace and blessings of Allaah be upon him) said: “Render back the trust to the one who entrusted it to you, and do not betray the one who betrays you.” Narrated by al-Tirmidhi, 1264; Abu Dawood, 3534. al-Albaani said it is a saheeh hasan hadeeth. Al-Silsilah al-Saheehah, 423. and Allaah knows best. Islam Q&A (www.islam-qa.com) 40468: Is it permissible for him to take the money left over by the students after a trip because he was not paid anything for supervising? Question: I am the manager of classes for Qur’aan memorization. During trips with the students the money is sometimes more than is required for the trip. Is it permissible for me to take this money, knowing that I am not paid anything for my work with these circles? Is it permissible for me to take what I need of this money or to take something from the subscriptions paid by the students to join these circles?. Answer: Praise be to Allaah. You do not have the right to take anything from this money, because you have been entrusted to spend it for the purpose for which it was given, which is to take the students on trips. So it is not permissible for you to spend it on anything other than the purpose it was paid for. Allaah says (interpretation of the meaning): 19

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“Verily, Allaah commands that you should render back the trusts to those, to whom they are due” [al-Nisa’ 4:58] What you must do is to give the money back to those who paid it, or keep it for them so that you can spend it on the purpose for which it was paid. The fact that you do not receive any salary or remuneration does not allow you to betray the trust and consume wealth unlawfully. You should ask for your right to be given something in return for your work. You do not have the right to take anything from the fees paid for the study-circles either, for the reasons stated above. What you have to do is to fear Allaah and beware of all haraam wealth. I ask Allaah to help you and guide you and to grant you plentiful provision. And Allaah knows best. Islam Q&A (www.islam-qa.com) 46645: He is not going to be transferred, so should he take the relocation costs? Question: I work in a government department, and I was going to be transferred but then the transfer did not take place. Despite that I was still paid the relocation costs. Should I take this money and spent it on things that are just for work? Please note that I am a secretary for a department head and sometimes I need money for things that are required for work. Or should I leave it, knowing that it 20

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has been allocated in the budget in my name, and all I have to do is go and collect it? Please advise me, may Allaah reward you with good. Answer: Praise be to Allaah. It is not permissible for you to take the relocation costs when you are not going to relocate. What you have to do is to leave that money alone and not collect it. You also have to tell the people in charge that you are not entitled to this money. Perhaps by doing that you will set a good example to your colleagues. Strive to ensure your food is good [from halaal sources], for Allaah has enjoined upon the believers that which He has enjoined upon the Messengers, which is to eat of good [halaal] things and to do righteous deeds. Allaah says (interpretation of the meaning): “O (you) Messengers! Eat of the Tayyibaat [all kinds of Halaal (lawful) foods which Allaah has made lawful (meat of slaughtered eatable animals, milk products, fats, vegetables, fruits)] and do righteous deeds. Verily, I am WellAcquainted with what you do” [al-Mumin’oon 23:51] “O you who believe (in the Oneness of Allaah — Islamic Monotheism)! Eat of the lawful things that We have provided you with, and be grateful to Allaah, if it is indeed He Whom you worship” [al-Baqarah 2:172] And the Prophet SAWS (peace and blessings of Allaah be upon him) said: “Every body that is nourished from 21

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haraam sources, the Fire is more suited to it.” Narrated by al-Tabaraani and classed as saheeh by al-Albaani in Saheeh al-Jaami’. And Shaykh Ibn Baaz (may Allaah have mercy on him) was asked: I am an employee working in a government department, and sometimes we are paid overtime by the administration, without us been asked to do any overtime and without us coming to work. They regard it as an occasional bonus for the employees, and the boss knows about that and approves of it. Is it permissible to take this money? If it is not permissible, then what should I do about the money that I have taken previously, noting that I have spent it? He replied: If the situation is as you describe, that is a reprehensible action which is not permitted. Rather it is a kind of betrayal. You have to return the money that you have taken in this manner to the state treasury. If you cannot do that, then you have to give it in charity to the poor Muslims or to charitable projects, as well as repenting to Allaah, and you must resolve sincerely not to do that again, because it is not permissible for a Muslim to take something from the Bayt al-Maal (treasury) of the Muslims except in ways that are permitted in sharee’ah, and that are known to and approved of by the state. Fataawa Islamiyyah, 4/312. Islam Q&A (www.islamqa.com) 34551: He died and left behind wealth on which he did not pay zakaah, and interest Question: There is a young man who has not yet reached the age of twenty, and he has two older sisters. His father died and 22

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left them an inheritance, but his father only prayed occasionally and he did not pay zakaah of 2.5% on his accumulated wealth each year. He used to spend on his household from the interest he got from the bank. My question is: 1- What is the ruling on the zakaah on this wealth that was not paid for several years? 2- How can expiation be offered for that haraam interest that he used to spend on his household for several years? 3- This man left behind a large amount of his wealth in the form of certificates that pay interest. How can these haraam certificates be gotten rid of, knowing that this young man has no experience in administering wealth or trading, and he does not even have time for that because of his studies?. 4- What are the forms of ongoing charity (sadaqah jaariyyah) that are accepted nowadays? 5- The father died of liver cancer and there were no signs of a bad end just before he died. He used to repeat the phrase Al-hamdu Lillaah (praise be to Allaah) often before he died. Is he a shaheed because he died of an internal disease?. Answer: Praise be to Allaah. If the deceased had repented to Allaah for not praying and was keen to perform prayers before he died, then there is the hope that he is a shaheed (martyr), because the Prophet (peace and blessings of Allaah be upon him) said: “The martyrs are five: the one who dies of the plague, the one who dies of an internal disease, the one who dies by 23

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drowning, the one who is crushed by a falling wall and the one who is martyred for the sake of Allaah.” Narrated by al-Bukhaari, 2829; Muslim, 1914. Al-Nawawi (may Allaah have mercy on him) said: The one who dies of an internal disease refers to stomach disease, i.e., diarrhoea. Al-Qaadi said: And it was said that it refers to the one who is afflicted with dropsy and his stomach swells; and it was said it is the one who suffers from a complaint in his stomach; and it was said that it is the one who dies from any kind of internal disease. From Sharh Muslim. 1 – It is obligatory to pay the zakaah that is owed from past years, by estimating how much he owned – each year – of permissible wealth on which zakaah is due, such as currency and gold, that reached the threshold at which zakaah becomes due and that had been in his possession for a full hijri year, and without including the haraam interest. One quarter of one tenth should be paid on that, i.e. 2.5%. Then what is left for the following year should be estimated and 2.5% paid likewise, and so on. 2 – With regard to what his heirs have consumed of interest (riba), they should repent from that, if they knew that it was haraam, and they should try hard to make du’aa’ for their father that he be forgiven by Allaah, because consuming riba is a major sin. May Allaah protect us and all the Muslims from that. 3 – The heirs are not entitled to anything from the certificate mentioned but the original capital. It is not permissible to take the haraam interest. If the bank insists that the heirs take it, it should be taken from the bank and given to the poor and needy, or spent in the interests of the Muslims, so as to get rid of it. See question no. 20695. If there is an Islamic bank whose transactions are governed 24

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by sharee’ah, it is permissible to invest the money through them. Ongoing charity (sadaqah jaariyah) may be done in many ways, such as building a mosque or contributing to the building, buying books for seekers of Islamic knowledge, buying Mushafs to be placed in the mosque, or donating a house or shop as a waqf and stipulating that its income be spent on the poor, orphans, relatives, students or others, as stated by the founder, or donating money for building a charitable hospital, and so on. In some countries there are organizations that are responsible for waqfs, which you can contact and establish a waqf or contribute to one through them. The best way in which you can benefit the deceased after his death is to make du’aa’ for him and strive hard in making du’aa’ for him that Allaah bestow His vast mercy upon him and forgive him his sins. We ask Allaah to accept (your good deeds) and to help you to honour your father. And Allaah knows best. Islam Q&A (www.islam-qa.com) 40649: Do not betray the one who betrays you Question: There is a person who works in a private office, but he had some health problems and had to stop working during the period of medical treatment. After that he went back to work and asked for his rights (his wages) for the days when he had worked, but his boss did not acknowledge his rights. This person is in need of the money, so he started to take some from the amount that he collects each day during the course of his work. He does not want to do 25

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anything except take what is due to him, no more than that. Is this haraam or halaal?.

Answer: Praise be to Allaah. It is not permissible for him to do that, because the money that he is taking, claiming that he is entitled to it, is something that his boss has entrusted him with, and the one who is entrusted with something is obliged to honour that trust and render it back to its owner. It is not permissible for him to betray him with regard to that. Allaah says (interpretation of the meaning): “Verily, Allaah commands that you should render back the trusts to those, to whom they are due” [al-Nisa’ 4:58] And the Prophet (peace and blessings of Allaah be upon him) said: “Render back the trust to the one who entrusted it to you, and do not betray those who betray you.” Narrated by al-Tirmidhi, 1264; classed as saheeh by alAlbaani in Saheeh al-Tirmidhi. The Prophet (peace and blessings of Allaah be upon him) enjoined rendering back trusts to those who entrusted them to you, and he forbade betraying the one who betrayed you. The Standing Committee was asked about a man who works in a grocery store, and his boss only gives him his salary every four or six months. Is it permissible for him to take his monthly salary from the money of the grocery store in which he works without his boss’s knowledge? 26

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They replied: It is not permissible for you to take your salary from the grocery store in which you work without your boss’s knowledge or permission. You have to ask your boss for your salary, and if he refuses then you should refer your complaint to the appropriate authorities so that they can make him pay you. Fataawa al-Lajnah al-Daa’imah, 15/145. Shaykh al-Islam Ibn Taymiyah said in Majmoo’ al-Fataawa, 30/372: If a man has a right due to him from another, can he take it or its equivalent without his permission? This falls into two categories: 1 – If the reason for his demanding his right is obvious and does not require proof, such as a woman’s right to maintenance from her husband, or the child’s right to maintenance from his father, or the guest’s right to hospitality from the people with whom he is staying, then in this case he has the right to take it without permission from the one who owes that to him without a doubt. It was proven in al-Saheehayn that Hind bint ‘Utbah ibn Rabee’ah said: “O Messenger of Allaah, Abu Sufyaan is a stingy man and he does not give me sufficient maintenance for myself and my child.” He said: “Take what is sufficient for you and your child, on a reasonable basis.” In this report the Prophet (S) permitted her to take her maintenance, on a reasonable basis, without asking the permission of the owner of the money. Similarly, if it is known that a person’s wealth has clearly been wrongfully seized and the people know about that, he may take the seized wealth or its equivalent from the one who seized it, and so on. 2 – If the reason for demanding his right is not obvious, such as when a person denies that he owes him money, or denies that he seized his wealth unlawfully, and the 27

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claimant has no proof. There are two scholarly views in this case. One is that he should not take it; this is the view of Maalik and Ahmad. The other is that he can take it; this is the view of al-Shaafa’i. Those who say that he should not take it if he has no clear proof of his right quote as evidence the report narrated in al-Sunan from Abu Hurayrah, that the Prophet (peace and blessings of Allaah be upon him) said: “Render back the trust to the one who entrusted it to you, and do not betray those who betray you.” And in al-Musnad it is narrated that Basheer ibn al-Khasaasah said: “O Messenger of Allaah, we have neighbours who do not leave anything, great or small, but they take it. If we have the opportunity to take something from them, should we take it?” He said, “No. Render back the trust to the one who entrusted it to you, and do not betray those who betray you.” These ahaadeeth explain that if the right of the one who is wronged is not obvious, and he takes it in a sneaky manner, he does not have the right to do that, even if all he intends is to take something equivalent to his right, but he does that by betraying someone who trusted him. That is because when he entrusted him with his wealth and he took some of it without his permission and there is no clear proof of his rights, then this is a betrayal of trust. That is because betrayal in and of itself is haraam, so it should not be used as a means of taking one’s rights. Betrayal is akin to lying. If it is said that this is not a betrayal, rather it is taking one’s rights and the Prophet (peace and blessings of Allaah be upon him) only forbade betraying the one who betrays you, in the sense of taking more from his wealth than is your right – it should be noted that this argument is weak on a number of counts, one of which is that in the hadeeth it says, “we have neighbours who do not leave anything, great or small, 28

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but they take it. If we have the opportunity to take something from them, should we take it?” He said, “No. Render back the trust to the one who entrusted it to you, and do not betray those who betray you.” The second is that he said: “Do not betray those who betray you,” i.e., you should not respond to the one who betrays you by doing the same thing to him as he did to you. The third is that this action is undoubtedly a betrayal. Rather those who allowed it did so as a retaliatory measure, because there are cases in which retaliation is allowed, such as murder, banditry and seizing wealth unlawfully. And there are some cases in which retaliation is not allowed, such as immoral actions, lying, etc. When he said here, “Do not betray those who betray you,” it is known that this is a case in which it is not permitted to punish in like manner. Islam Q&A (www.islam-qa.com) 42567: Ruling on participating in pension plans Question: I live in England and the government deducts a certain amount of money every month from my salary for it to count towards my pension when I retire. What is the ruling on this form of pension? There is also the option of applying for a private pension with a private company, whereby they also take a certain amount of money from you every month and they invest it and then give you a pension after you retire at the age of 60 or 65. What is the ruling on this form of pension? May Allah SWT bless you. Answer: Praise be to Allaah. 29

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Participating in pension plans other than those organized by the government is a kind of gambling, because a person may contribute to the scheme for a number of months, then become disabled or die, so he and his heirs may get much more money than was taken from them, or he may pay many installments then what he takes from them is less than what he paid. This is gambling. For more details please see the questions on insurance on this site. If they are investing the money deducted in haraam things such as making alcohol, or in riba-based loans, this is another reason to regard this as haraam, because that is helping them in sin and transgression. This applies if your participation in this scheme is voluntary. It is not permissible to participate in it in this case, and whoever gives up something for the sake of Allaah, Allaah will compensate him with something better than that. But if participation is compulsory, then there is no sin on you, but it is not permissible for you or your heirs to take more than was taken from you. You can leave the rest, or take it and donate it to charitable causes. With regard to participating in the government pension plan, this may not come under the same ruling, in the sense that the government or treasury (bayt al-maal) is responsible for spending on the people if they need that. And Allaah knows best. Shaykh Muhammad Saalih alMunajjid (www.islam-qa.com) 40019: He pilfered some money and does not know how much, and he cannot repay it. What should he do? Question: During some part of my life I was a sinner, and my 30

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problem is that I used to pilfer from the petty cash in the place where I was. After Allaah guided me I became aware of my sin and I started to give back the money I owed. But the problem is that I do not know exactly how much it was. I tried to get the owner of the place to forgive me without mentioning the reason but I could not do it. I do not have any other money that I could use to pay it off. Will Allaah accept my repentance if I cannot return what I owe? If there is anything that I can do, what is it?. Answer: Praise be to Allaah. What you have to do is to repent to Allaah and return all the money that you took. Your repentance is not complete otherwise. If you do not know the exact amount, then it is sufficient to do what you think is most likely, and be on the safe side [?] when estimating how much you owe. If you are not sure whether the amount is eighty or one hundred, for example, then pay one hundred, so that you will meet your Lord free from the burden of this treachery and wrongdoing. Al-Bukhaari (2449) narrated that Abu Hurayrah (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Whoever has wronged his brother with regard to his honour or anything else, let him settle the matter now, before there is no dinar and no dirham, and if he has any righteous deeds some will be taken from him according to the wrong he did, and if he has no hasanaat (good deeds), some of the other person’s sayi’aat (bad deeds) will be taken and given to him.” Whatever you are unable to repay now is a debt that you owe, and you will not have discharged your duty until you pay it. What you have to do in that case is to make sure that it is mentioned in your will, lest death come 31

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upon you suddenly before you can pay it off. Al-Bukhaari (2738) and Muslim (1627) narrated from Ibn ‘Umar that he heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say: “No Muslim who has anything concerning which a will should be made should spend three nights without making a written will.” ‘Abd-Allaah ibn ‘Umar said: I never spent one night since I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say that but I had my will with me. We ask Allaah to help you and give you strength. And Allaah knows best. Islam Q&A (www.islam-qa.com) 40157: He is afraid that if he returns money that he stole before he was guided, he will be found out. What should he do? Question: By the grace of Allaah, and with all praise to Him, He has guided me to the path of truth and goodness, and I hope that Allaah will complete His blessing upon me and guide every sinner, and bring the Muslims back to their religion, for He is Able to do that. I learned from the scholars that repentance is not valid unless I give people back what is rightfully theirs. I worked in a company nearly ten years ago, and I stole a sum of money, the exact amount of which I cannot remember, but it was no more than one hundred dinars. Returning the money now may cause some problems for me and my family, especially since my family and I are still in touch with the owners of the company. What should I do? 32

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Can I send the money to them via mail without mentioning my name, just writing a letter which says that this money was taken from them unlawfully?. Answer: Praise be to Allaah. We praise Allaah for having enabled you to repent. It is well known that money is the fitnah (trial) of this ummah, so being enabled to repent from having taken people’s money unlawfully is a great blessing for which you must always thank Allaah. In order to make your repentance complete you have to return the money to its owners. It is good that you are asking this question. We have already discussed this matter in our answer to question no. 31234, in which it stated that the one who wants to return property to its rightful owners does not have to disclose his identity to them, because the purpose is to restore the property to its rightful owner, not to know who the thief is. Hence you should look for a suitable way by means of which you can preserve your dignity whilst also returning the property to its rightful owners without embarrassing yourself in front of the owners of this company. And Allaah knows best. Islam Q&A (www.islam-qa.com) 36788: Invitation to a dinner given by a riba-based bank Question: What is the ruling on accepting an invitation to a dinner or party given by banks that deal in riba?.

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Answer: Praise be to Allaah. It is not permissible to accept invitations to dinners etc given by banks that deal in riba. And Allaah is the Source of strength, Fataawa al-Lajnah al-Daa’imah li’l-Buhooth al-‘Ilmiyyah wa’l-Ifta’, 14/42. (www.islam-qa.com) 43100: He took some money unlawfully. How should he repent? Question: He was employed in a government department, and some income came to him in an unlawful manner. Then Allaah guided him. What should he do about those things that he has spent in an inappropriate manner, knowing that he does not know how much there was?. Answer: Praise be to Allaah. He has to return what he took from each person to its rightful owner, if he can find him or his heirs. If he tried hard and could not do that, then he should give the money in charity with the intention that it is being given on behalf of its owner. And Allaah is the Source of strength. Fataawa al-Lajnah al-Daa’imah li’l-Buhooth al-‘Ilmiyyah wa’l-Ifta’, 14/25. (www.islam-qa.com) 34

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39488: It is not permissible for your father to accept what is given to him because of his work Question: My father works for a company and some people give him money or personal gifts at work. He stopped taking this money but he soon went back to taking it. He tells me, “I don’t differentiate between those who give me gifts and those who do not.” What is the situation with regard to the money we take from him, the food we eat and the clothes and gold we wear; and what is the situation with regard to our du’aa’ to Allaah. When he gives us food as a gift, should we accept it? Once he forced me to accept clothes from some of these people. Is it permissible for me to wear them?. Answer: Praise be to Allaah. It is not permissible for your father to accept what is given to him because of his work, because al-Bukhaari (6636) and Muslim (1832) narrated from Abu Humayd al-Saa’idi that the Messenger of Allaah (peace and blessings of Allaah be upon him) appointed a man to collect the zakaah, and when he had finished his work, the man came and said, “O Messenger of Allaah, this is for you and this was given to me as a gift.” He said, “Why don’t you sit in the house of your father and mother and see whether you get any gifts or not?” Then the Messenger of Allaah (peace and blessings of Allaah be upon him) stood up after ‘Isha’ prayer, testified (to the Oneness of Allaah) and praised Him as He deserves to be praised, then he said, “What is the matter with a zakaah-collector whom we appoint, then he comes and says, ‘This is for you, and this was given to 35

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me as a gift.’ Why does he not sit in the house of his father and mother and see whether he receives any gifts or not? By the One in Whose hand is my soul, no one of you steals anything from it [the zakaah] but he will come on the Day of Resurrection carrying it on his shoulders, even if it is a camel that he brings groaning, or a cow that he brings mooing, or a sheep that he brings bleating. I have conveyed the message.” Abu Humayd said: Then the Messenger of Allaah (peace and blessings of Allaah be upon him) raised his hand until I could see the whiteness of his armpit. So your father should be told what the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “ ‘Why don’t you sit in the house of your father and mother and see whether you receive any gifts or not?’ – because you are only getting these gifts because of the job to which you have been appointed.” If that is the case, then these gifts belong to the job, and he has no right to take them for himself. Shaykh Ibn Baaz (may Allaah have mercy on him) said: This hadeeth indicates that it is obligatory for the person who is employed by the state to do the job for which he has been appointed, and he has no right to take any gift that has to do with his work. If he takes it then he should put it in the bayt al-maal (public treasury), and it is not permissible for him to take it for himself because of this saheeh hadeeth, and because that is a means that leads to evil and betraying trust. From Fataawa ‘Ulama’ al-Balad al-Haraam, p. 655 Ahmad and al-Bayhaqi narrated that the Prophet (peace and blessings of Allaah be upon him) said: “Gifts given to workers (employees) are ghulool (lit. stolen war booty)” i.e., a betrayal. This hadeeth was classed as saheeh by alAlbaani in Saheeh al-Jaami’, no. 7021. 36

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Your father’s saying that he does not differentiate between those who give him things and those who do not does not alter the fact that this is haraam, but if he makes things difficult those who do not give him anything, then that makes his sin more serious. His claim that he does not differentiate between those who give him gifts and those who do not is dubious, because gifts have an effect on the heart. Man is created in such a way that he likes those who are kind to him, so these gifts may make your father biased towards the one who gave him the gift, so he may give him something he is not entitled to. So let him fear Allaah, and refrain from these haraam earnings, for all the pleasures of this world are temporary, so how about if they are also haraam? Whatever he has received of these gifts, it is not permissible for you to take them or make use of them, because this is haraam wealth, Whatever you have saved from your father’s salary that he was paid in return for his permissible work, there is nothing wrong with you benefitting from it. With regard to the clothes that he forced you to take, if they were bought for the regular price, there is nothing wrong with you wearing them, but if he took them as a gift or for a reduced price, you should not wear them. Try to advise your father, and remind him of the seriousness of haraam wealth, and encourage him to ask the scholars so that they can dispel his doubts. And Allaah knows best. Islam Q&A (www.islam-qa.com)

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20695: What should be done with interest? Question: I am working in a company where they gave to employees a few years ago a mount of money they put in a blocked account for 5 years. This amount of money is with interest and they give it to you after 5 years or when you give your resignation. I know it is haram but we did not have any choice. I am going to leave the company in a few month, and I would like to know how I have to do with this money. Can I keep what they gave me initially and give the amount of interest os saddakka ? Can you please help me, because I do not want to commit a sin. Answer: Praise be to Allaah. The money that you are going to take after five years will be composed of the capital – which is the money paid by the company – and the riba-based profits – which are known as interest. Because riba-based money is not permissible for you, you have no right to take any more than the capital, and you have to leave the interest to the bank, because Allaah says (interpretation of the meaning): “but if you repent, you shall have your capital sums” [al-Baqarah 2:279] See also question no. 22392. If the bank insists on your taking this haraam interest, then you should take it and you have to get rid of it by

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giving it to charity; it is not permissible for you to keep it or benefit from it in any way. See question no. 292. And Allaah knows best. Islam Q&A (www.islam-qa.com) 20952: Can he accept money that comes from the lottery company? Question: I recently found out that the scholarship I receive to help pay my school tuition is funded by the Florida lottery. Should I not accept the scholarship any more?. Answer: Praise be to Allaah. If this money is only a scholarship and is not subject to any condition requiring you to work with them – for example – or to advertise for them and commend their work, then there is nothing to prevent you accepting it. Money that is haraam because of its source may be made use of and taken possession of if it is transferred in a manner that is Islamically acceptable. Shaykh Ibn ‘Uthaymeen said: … Others said with regard to that which is haraam because of its source, the sin is one on the one who acquired it, not on the one who takes it in a permissible manner from the one who acquired it. This is unlike things that are haraam in and of themselves, such as alcohol, goods 39

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seized by force, etc. This is a strong opinion, based on the fact that the Messenger of Allaah (peace and blessings of Allaah be upon him) bought food for his family from a Jew – narrated by al-Bukhaari, 1954; Muslim, 3007. And he ate from the roast sheep that was given to him by the Jewish woman at al-Khaybar, and he accepted the invitation of a Jew. Narrated by Ahmad, 3/210. It is well known that most of the Jews deal in riba (usury) and consume haraam wealth. This view may be supported by the fact that the Prophet (peace and blessings of Allaah be upon him) said, concerning the meat that was given in charity to Bareerah, “It is charity for her and for us it is a gift.” Narrated by al-Bukhaari, 1398; Muslim, 2764. Al-Qawl al-Mufeed Sharh Kitaab al-Tawheed, 3/138, 139. For more information, please see the answers to questions no. 4820. We should point out that it is not permissible for a Muslim to remain in the land of kufr or to study in a mixed environment, because that involves doing several things that are forbidden in sharee’ah. For more information please see the answers to questions no. 2956 and 10338. And Allaah knows best. Islam Q&A (www.islam-qa.com) 33695: What should a person who accumulated his wealth from haraam sources do? Question: A man worked in a haraam field (dealing in hashish) and made a lot of money and had children. He owns cars, 40

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farms and land, all of it from haraam money. He wants to repent – what should he do with his wife, wealth, cars and farms?. Answer: Praise be to Allaah. He should get rid of the haraam wealth by spending it in charitable ways. With regard to his wife and children, he need not worry about them. And Allaah is the Source of strength. Fataawa al-Lajnah al-Daa’imah li’l-Buhooth wa’l-Ifta, 14/ 29. (www.islam-qa.com) 33852: Ruling on money earned from haraam sources Question: Is it true that if a man who gathered his wealth from haraam sources such as selling wine and manufacturing it, or making and distributing drugs, repents to Allaah, then his wealth becomes halaal?. Answer: Praise be to Allaah. If he knew at the time of earning haraam money that it was haraam, then it does not become permissible for him when he repents, rather he has to get rid of it by spending it on charitable causes. And Allaah is the Source of strength. 41

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Fataawa al-Lajnah al-Daa’imah li’l-Buhooth wa’l-Ifta’, 14/32. (www.islam-qa.com) 13710: Cheating at work to get extra travel expenses Question: If an employee is entitled to travel expenses to move his family from his city to his place of work, and his family did not in fact move, rather he forged documents and received an amount of money for that, is that permissible or not?. Answer: Praise be to Allaah. This action is not permissible according to pure Islamic sharee’ah, because he is acquiring money by means of lying and deception. Acquiring money in that manner is haraam and must be denounced and warned against. May Allaah grant us sufficient provision and keep us safe from that. Majmoo’ Fataawa wa Maqaalaat li’l-Shaykh Ibn Baaz, 6/401 (www.islam-qa.com) 14367: Is it permissible to steal from the kuffaar? Question: Is stealing from the kuffar haram if you live in a kaafir country? The person I’m thinking of is certainly not 42

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starving or in need of the things that he steals. It is also rather safe to live as a muslim in this country and the oppression is not grave. Answer: Praise be to Allaah. No one is unaware of the fact that stealing is a major sin, for which Allaah has enjoined the punishment of having the hand cut off. Sharee’ah makes no distinction between the wealth of a male and the wealth of a female, or between the wealth of a minor and the wealth of an adult, or between the wealth of a Muslim and the wealth of a kaafir. The only exception made by sharee’ah is the wealth of kaafirs who are waging war against the Muslims. The Muslim should be a good example of trustworthiness, honouring agreements and good character. When Muslims have had such characteristics, this has been the cause of many kaafirs entering Islam, because they saw the beauties of Islam and the good character of its people. The Muslim who regards the kaafirs’ wealth as permissible, whether he is in a Muslim country or in a kaafir country, is doing the kaafirs a great favour and helping them to distort the image of Islam and Muslims; he is thereby helping those who are launching attacks against Islam. When a Muslim enters a kaafir country, it is as if he entering into a peaceful agreement with them – which is the visa which is given to him to enable him to enter their country – so if he takes their wealth unlawfully, then he is breaking that agreement, in addition to being a thief. The wealth that he steals from them is haraam. It was narrated that al-Mugheerah ibn Shu’bah kept company 43

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with some people during the Jaahiliyyah. He killed them and took their wealth, then he came and entered Islam. The Prophet (peace and blessings of Allaah be upon him) said: “As for your Islam, I accept it, and as for the wealth, I have nothing to do with it.” According to a report narrated by Abu Dawood, “As for your Islam, we accept it, and as for the wealth it is obtained through treachery, and we have no need of it.” (Narrated by al-Bukhaari, 2583; Abu Dawood, 2765; classed as saheeh by al-Albaani in Saheeh Abi Dawood, 2403). Al-Haafiz Ibn Hajar said: The phrase “and as for the wealth, I have nothing to do with it” means, I will not touch it because it was obtained through treachery. What we learn from this is that it is not permissible to take the wealth of the kuffaar by treachery when they have trusted you and granted you safety, because when people accompany one another (when travelling), they do so on the basis of mutual trust, and that trust should not be betrayed, whether the other person is a Muslim or a kaafir. The wealth of the kuffaar is only permissible in the case of combat and war. Perhaps the Prophet (peace and blessings of Allaah be upon him) let him keep the wealth in the hope that the people of its owner might become Muslim, then he could return their wealth to them. Fath al-Baari, 5/341 Al-Shaafa’i (may Allaah have mercy on him) said: When a Muslim enters dar al-harb (the non-Muslim lands) on peaceful terms, and finds himself in position to take something of their wealth, it is not permissible for him to take it, whether it is a little or a lot, because if he is safe from them, they should be safe from him, and because it is not permissible for him to take anything from them when they have given him safety except what it is 44

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permissible for him to take from the wealth of the Muslims and ahl al-dhimmah (non-Muslims living under the protection of the Muslim state). Wealth may be forbidden for a number of reasons: If the owner is a Muslim if the owner is (a non-Muslim) living under the protection of the Muslim state if the owner is one with whom there is a peace deal, until the deal expires; such people are considered to be like ahl al-dhimmah as far as the sanctity of their wealth is concerned, until the deal expires. Al-Umm, 4/284 Al-Sarkhasi (may Allaah have mercy on him) said: It is not right for a Muslim who is on peaceful terms with them to betray them, because betrayal is haraam. The Prophet (peace and blessings of Allaah be upon him) said: “Every betrayer will have a banner by his backside on the Day of Resurrection, by which his betrayal will be known.” If he betrays them and steals their wealth, and brings it to the Muslim lands, it is not right for a Muslim to buy from him if he knows about that, because he has obtained it in an evil manner, and buying from him is encouraging him in that, which it is not right for the Muslim to do. The basic principle in this matter is the hadeeth of al-Mugheerah ibn Shu’bah (may Allaah be pleased with him), when he killed his companions and brought their wealth to Madeenah and became Muslim, and asked the Messenger of Allaah (peace and blessings of Allaah be upon him) to take the khums of his wealth, and he said, “As for your Islam, we accept it, and as for the wealth it is obtained through treachery, and we have no need of it.” Al-Mabsoot, 10/96 And Allaah knows best. 45

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Islam Q&A (www.islam-qa.com) 20062: He was given more money than he was entitled to Question: What is the ruling in Islam if you have been overpaid by your employers, undercharged when purchasing an item, given too much change and if your phone company has accidentally credited your account with some money. Answer: Praise be to Allaah. Firstly: in all the cases mentioned above, you must give back to people what is their due. It is not permissible for you to take the money of other people if they forget or make a mistake. What you have been given does not belong to you and it is not permissible for you to take it. If something is credited to your account by mistake or because of forgetfulness, it is not permissible for you to take it. This is indicated by all the evidence of sharee’ah. Allaah says (interpretation of the meaning): “O you who believe! Eat not up your property among yourselves unjustly except it be a trade amongst you, by mutual consent” [al-Nisa’ 4:29] “Verily, Allaah commands that you should render back the trusts to those, to whom they are due; and that when you judge between men, you judge with justice. Verily, 46

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how excellent is the teaching which He (Allaah) gives you! Truly, Allaah is Ever AllHearer, AllSeer” [al-Nisa’ 4:58] It was narrated from Abu Hurayrah that the Prophet (peace and blessings of Allaah be upon him) said: “The signs of a hypocrite are three: when he speaks he lies, when he makes a promise he breaks it, and when he is entrusted with something he breaks that trust.” (Narrated by alBukhaari, 33; Muslim, 59). Ahmad (94, 23) narrated that the Prophet (peace and blessings of Allaah be upon him) said: “It is not permissible for a man to take his brother’s wealth unlawfully.” That is because Allaah has forbidden the Muslim to take his fellow-Muslim’s wealth. According to a report narrated by Ibn Hibbaan (13/317): The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “It is not permissible for a Muslim to take his brother’s stick without his consent.” Classed as saheeh by Shaykh al-Albaani in Ghaayat al-Muraam, 456. It was narrated that Abu Humayd al-Saa’idi said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “… By Allaah, no one of you takes something unlawfully but he will meet Allaah carrying it on the Day of Resurrection. So I will recognize one of you meeting Allaah carrying a camel bellowing, or a cow mooing, or a sheep bleating.” Then he raised his hand until the whiteness of his armpit could be seen, and he said, “O Allaah, have I conveyed (the message)?” Narrated by al-Bukhaari, 6578; Muslim, 1832. Secondly: But if the owner of the money has given you more than 47

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you are entitled to, then that belongs to you and there is nothing wrong with that, because the Prophet (peace and blessings of Allaah be upon him) said: “Whatever of this wealth comes to you and you were not hoping for it or asking for it, then take it, otherwise do not hope for it.” (Narrated by al-Bukhaari, 1473; Muslim, 1045). And Allaah knows best. Islam Q&A (www.islam-qa.com) 21401: Well-off people taking things that are only for the poor from a kaafir state Question: In USA, some Muslims request food stamps -which are assigned to poor people- while they have enough money. They hide their bank accounts information to be eligible for these stamps. When I advised them, they told me that it is not haram because they dont take money from an Islamic country! Is that correct? Answer: Praise be to Allaah. Firstly: It is not permissible for you to stay in a kaafir country unless you have a valid shar’i reason and fulfil the conditions set out by sharee’ah. These have already been explained several times. Please see Question #12866 and 6154. Secondly: 48

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It is not permissible for those who are not entitled to take these food stamps, whether that is from a Muslim country or from a kaafir country, because the one who takes them in this case comes under the ruling on one who tells lies, and Allaah and His Messenger have forbidden telling lies. It was narrated from Abu Hurayrah that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “The signs of the hypocrite are three: when he speaks he lies, when he makes a promise he breaks it and when he is entrusted with something he betrays that trust.” (Narrated by al-Bukhaari, 33; Muslim 59). It was narrated from ‘Abd-Allaah ibn Mas’ood that the Prophet (peace and blessings of Allaah be upon him) said: “Truthfulness leads to righteousness, and righteousness leads to Paradise. A man will keep on telling the truth until he becomes a siddeeq (one who speaks the truth). Lying leads to evildoing and evildoing leads to Hell. A man will keep on telling lies until he is recorded with Allaah as a liar.” (Narrated by al-Bukhaari, 5743; Muslim, 2607). This also involves consuming people’s property unlawfully. Allaah says (interpretation of the meaning): “And eat up not one another’s property unjustly” [al-Baqarah 2:188] It is not permissible for a Muslim to ask people for money when he has no need of it. Muslim narrated in his Saheeh (no. 1041) that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever asks the people for money in order to amass more wealth is asking for a burning coal, so let him ask for less or more.” What this means is 49

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asking so that he may accumulate a large amount when he does not need to. This was stated by al-Haafiz. Thirdly: Muslims should be above doing such reprehensible deeds which are not only damage their own image and reputation but that of their religion as well, for this action may be a cause of the kaafirs attacking their religion or criticizing it. Allaah praises those who are poor but do not ask people for anything. Allaah says (interpretation of the meaning): “(Charity is) for Fuqaraa’ (the poor), who in Allaah’s Cause are restricted (from travel), and cannot move about in the land (for trade or work). The one who knows them not, thinks that they are rich because of their modesty. You may know them by their mark, they do not beg of people at all. And whatever you spend in good, surely, Allaah knows it well” [al-Baqarah 2:273] So what about one who is not poor and is not in need, but he asks or begs from people? Could this be something praiseworthy and commendable? And Allaah knows best. Islam Q&A (www.islam-qa.com) 31217: Can she use things that her father takes from work unlawfully? Question: My problem is that my father works for one of the airline 50

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companies and sometimes he brings things home with him, either from the airplanes or from the airport. I tell him that this is not permissible and that it is haraam, and I say, “This doesn’t belong to you,” but he does not listen to my advice, even though he is religiously committed or he appears outwardly to be committed. I am trying to make him inwardly committed too, but he does not respond to me. I think that he does not accept that from me because I am his daughter and I am confused about the things that he brings home and I do not use them. But sometimes I am forced to use them because he does not buy them from the market, on the grounds that we already have them, but they are from a haraam source. What is the ruling on these things? If I use them unwillingly or because I am forced to, what is the ruling? Answer: Praise be to Allaah. Your question covers two issues: 1 – Your father taking things that belong to his work without permission. 2 – Your using this property that your father has brought home. 1 – With regard to your father, it is haraam for him to take something without the permission of its owner, because Allaah says (interpretation of the meaning): “And eat up not one another’s property unjustly (in any illegal way, e.g. stealing, robbing, deceiving)” [al-Baqarah 2:188] And the Prophet (peace and blessings of Allaah be upon 51

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him) said: “It is not permissible for you to take the property of a Muslim except with his consent.” (Narrated by Ahmad, 201172). On this basis, you have to advise your father to return these things to their owner; he will be a sinner unless he does that. If he does not know who the owner is, then he should give them in charity. 2 – With regard to other members of the household apart from your father, it is not permissible for them to use these things, because they have been taken unlawfully, except in cases of necessity where a person fears that he will miss out on some benefit or he fears losing a limb or his life. In this case it is permitted but only as much as is necessary. Shaykh Khaalid ibn ‘Ali al-Mushayqih – Assistant Professor at Imaam Muhammad ibn Sa’ood University, al-Qaseem (www.islam-qa.com) 22399: Ruling on working for or buying magazines whose content is mostly haraam, as is the case with many women’s magazines, both Arabic and western Question: Can you please tell me what dose Islam say, about these newspapers, that are in these Muslim countries, with pictures of woman and man and other living things on them, and you will see advertisements of things which are against Islam. You can read about actors, singers and dancers and when you open these newspapers you will see a big picture of kaffir woman or a kaffir man dress in kaffir clothes. You will also find what new movies are playing. You can read about how to get your face look the best or how to get your nose look perfect. Beside these things you will find many other things that are prohibited 52

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in Islam, but on the other side you will also find news of the local city, country and the world news. You can read about sports, business, stocks that are haraam in Islam. After all this, is working in these newspaper companies Halaal or Haraam. And in the western society you see the local Muslim news papers, where there are adds for getting people loans on low interest getting people house on low interest and Indian movies stores adds and then there is the entertainment section about dancing and music picture of half naked girls and picture of fashion that is against Islam. The person who works for a newspaper like this, is his income halaal or haraam. I mean all the people who are involved in it, from the one who writes the news from the one who prints it, from the one who delivers it, are there income halaal or haraam. And reading these newspapers is that halaal or haraam The people who are doing this work are they committing a sin and the ones who are reading it too. Then we have these newspapers in the western countries which are full of things that are totally against Islam, picture of half naked girls in them, other topics of sex, drinking, music, movies, interest, gambling and many other things which are against Islam, you think it is ok for us Muslims to buy such a newspaper which has all this information in it, they might be some good in it but 99% is evil. Now the person who works for such a newspaper company is his income halaal or haraam? and every one who is involved in this operation does not matter what level they are at, how much they are involved in it, but they are a part of it some how, is there income halaal or haraam? 53

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Are they committing a great sin.? Are we when buying such a product committing a sin? Answer: Praise be to Allaah. Working for such newspapers and magazines whose content is mostly haraam is not permissible, and the income from such work is also haraam, because when Allaah forbids a thing He also forbids its price. It is also haraam to distribute them, read them, buy them or sell them, and anything else that has to do with them. Rather we must boycott them. Shaykh ‘Abd al-Kareem al-Khudayr. (www.islam-qa.com) 25758: Ruling on taxes that are paid on goods Question: What is the ruling on customs tax paid on imported goods? Is it permissible to pay a sum of money to any of the customs officers in order to reduce the customs payment? For example – paying a sum of money to the officer who evaluates the customs so that he will charge less for customs or submit a report that does not tell the truth? Answer: Praise be to Allaah. With regard to the maks (duty, tax) that is taken from the 54

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Muslims, this is haraam, because Allaah says (interpretation of the meaning): “O you who believe! Eat not up your property among yourselves unjustly” [al-Nisa’ 4:29] And the Prophet (peace and blessings of Allaah be upon him) said: “It is not permissible to take the wealth of a Muslim except with his consent.” (Narrated by Ahmad and classed as saheeh by al-Albaani in al-Irwa’, 1459). Siddeeq Hasan al-Bukhaari said in al-Rawdah alNadiyyah, 2/215, concerning customs duty that is levied on the Muslims: “ If we think about it, this is undoubtedly nothing more than the maks.” Maks is a kind of tax and refers to money that was taken from vendors in the marketplaces during the Jaahiliyyah, or taken from merchants when they passed through. (See ‘Awn al-Ma’bood, hadeeth no. 2548). This tax is one of the major sins, because the Prophet (peace and blessings of Allaah be upon him) said, concerning the woman who had committed zina (adultery), then came to the Prophet (peace and blessings of Allaah be upon him) so that the hadd punishment might be carried out on her, “By the one in Whose hand is my soul, she has repented in such a way that if the one who wrongfully takes the maks from people had repented like this, he would have been forgiven.” (Narrated by Muslim, 3208). Al-Nawawi (may Allaah have mercy on him) said in Sharh Saheeh Muslim (11/203): “This shows that the maks is one of the most evil of sins and actions that condemn a man to Hell.” If a Muslim cannot find any means of warding off this evil from himself other than paying a sum of money to the customs official, then it is permissible for the one who is paying to do that, but for the official who takes this money, it is haraam for him. See Majmoo’ al-Fataawa by Shaykh al-Islam Ibn Taymiyah (30/359, 358). This is so long as no greater evil will result from that unavoidable 55

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bribe. But if a greater evil will result from that, then it is not permissible to pay it in that case. Also, we must point out the importance of not telling lies. If a person is forced to pay then he should pay and seek the reward for his being wronged with Allaah. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 1203: Taking an orphan’s property is stealing Question: I made a vow and I have orphans under my care. Can I fulfil this vow from the property of these orphans? Answer: Praise be to Allaah. It is not permissible to fulfil the vow from the property of the orphans. Allaah says (interpretation of the meaning): “And come not near to the orphan’s property, except to improve it” [al-An’aam 6:152] If we pay this from the orphan’s property, there is no benefit to the orphan, rather taking it is counted as stealing. Everyone who is in charge of orphans’ property has to dispose of it in the manner which he thinks is in the orphans’ best interests. With regard to that which is not in their interests, or which serves some interest but there is some doubt as to whether it is in their best interests, then it is not permissible to dispose of it in that manner, 56

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because of the quotation mentioned (interpretation of the meaning): “And come not near to the orphan’s property, except to improve it” [al-An’aam 6:152] So it is not permissible dispose of it, even if they are her children. al-Da’wah magazine, issue# 1798 p/61 (www.islamqa.com) 8872: He stole money and gave it to his father Question: A boy stole some money, and gave it to his father. Then his father died and did not leave anything behind. Does the son have to pay it back once he reaches the age of puberty? Answer: Praise be to Allaah. Yes, he has to pay it back. And Allaah knows best. Fataawa al-Imaam al-Nawawi, p. 144 (www.islamqa.com) 12088: Kuwaitis being paid through the United Nations for the delay in compensation from the Iraqis Question: One of the laws concerning compensation for those who 57

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were affected by the Iraqi invasion of Kuwait is that those who were expelled from Kuwait should be given salaries for the period during which they were exiled, in addition to a lump sum to be decided by the UN – which is supervising the payment of compensation – which is a penalty on Iraq for not paying this amount all this time. Is it permissible for those who were affected by the war to take this additional amount or not? Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who answered as follows: He may take as much as he lost, but it is not permissible for him to take more because this is riba. Even if we assume that it is a penalty, it should be given to the Bayt al-Maal (treasury) of the Muslims, he (the individual) has no right to it. Question: when they try to justify it, they say: this is money which you had the right to take ten years ago. If you had taken it ten years ago, you could have benefited from it and invested it, so this additional sum is compensation for withholding it all this time. Answer: This is not permissible according to sharee’ah, because firstly, if he had taken the money at that time and used it, he could have lost it. Secondly, it is not permissible to take an additional amount in return for delaying payment, as stated above. Question: does the fact that the additional amount was not stipulated in advance change anything? 58

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Answer: It does not change anything, and it is not permissible to take the additional amount even if it was not stipulated in advance. Moreover, it is known that the one who is paying this amount is being forced to do so. Shaykh Muhammad ibn Saalih al-‘Uthaymeen (www.islam-qa.com) 5559: Their father left behind haraam money Question: A muslim man had invested (buy shares)in company dealing with alcohol. He then made some profit by selling the shares. Some years later he died. His children realise that what their father did was wrong. What can his children do.Can they sadaqa or donate for the public use(build roads, mosque, madrasah etc)with the money that their father made profit from selling the shares. If all the money has been used, can his children use their own money to donate for the public. Answer: Praise be to Allaah. One of the duties which the children owe to their father is to give the money which he earned from selling these shares to something which will be of public benefit, such as building roads, schools and other facilities. But it should not be used to buy food for them or for others – to be on the safe side – and it should not be used to build a mosque. By paying out this money they will clear their father of sin, but this will not bring them closer to Allaah, because Allaah is good and only accepts that which is good. 59

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Whether they pay the exact same money or an equivalent amount from their own wealth, it is OK, because the prohibition has to do with how it was earned, not the currency itself. If they pay an amount equal to that which was earned, this will be sufficient. Ibn al-Qayyim (may Allaah have mercy on him) said concerning a principle which he mentioned about mixing permissible things with forbidden things: “… there are two kinds of this. The first is when the forbidden thing is haraam in and of itself, such as blood and urine… The second is when it is haraam in the way in which it was earned, not because it is haraam in and of itself, such as money that is taken by force. This second kind does not necessitate avoiding that which is halaal or prohibiting it in totality. If his money is mixed with haraam money, or is mostly haraam, he should take out the haraam amount, then the rest becomes permissible for him with no sense of it being makrooh, regardless of whether what he takes out is the exact same money that he earned in a haraam manner or is an equivalent amount, because its being haraam does not have to do with the essence of the money itself; it has to do with the way in which it was earned. (Badaa’i’ al-Fawaa’id, 3/257) (www.islam-qa.com) 7959: Lying to the government in order to receive assistance Question: THERE ARE PEOPLE I KNOW WHO WORK IN ENGLAND IN A RESTAURANT AND ARE PAYED VERY WELL, BUT WHAT THEY DO IS THEY TELL 60

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THE AUTHORITY THAT THEY ARE PAYED LESS SO THAT THEY CAN RECEIVE EXTRA MONEY. THE GOVERNMENT HELPS THOSE WHO ARE ON LOW INCOME. IS THIS HALAL FOR THEM TO LIE AND GET THIS EXTRA MONEY? WHEN ASKED THEY REPLY THAT THE TAX IS QUITE HIGH IN THIS COUNTRY. BUT DOES IT MEAN YOU CAN LIE AND GET EXTRA? PLEASE EXPLAIN.IF IT IS WRONG THEN THE MONEY IS HARAM? THE DUA IS NOT ACCEPTED? HAJ IS NOT ACCEPTED? PLEASE CAN YOU EXPLAIN. THANKYOU. Answer: Praise be to Allaah. It is not permissible to tell lies; doing so is haraam. Money which he has taken on this basis is also haraam and he has no right to it. With regard to his du’aa’, the fact that he is consuming haraam wealth may be a reason why his du’aa’ is not being accepted, because of the hadeeth, “Then he mentioned a man who had been travelling for a long time and was dishevelled and dusty; he stretches out his hands towards the heavens and says, ‘O Lord, O Lord’, but his food is haraam, his drink is haraam, his clothing is haraam. He is nourished by haraam, so how can his du’aa’ be accepted?” (Narrated by Muslim, 1015). With regard to his Hajj, the poet said: “If you go for Hajj with money whose origin is haraam, You will not have made Hajj, but the camels will have.” And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 61

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4642: He had his beard shaved by the barber, then he repented – so should he pay the barber? Question: A man had his beard shaved, and said (to the barber), “I will pay you later, I owe you.” Then Allaah guided him and he began to follow the Islamic rulings [i.e., he grew a beard]. Should he pay the barber or not? Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, and he answered as follows: He should tell him: “I am not going to give you the money, because it was (in payment for) a haraam deed,” and he should give it away in charity. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 66: What to with income partly haram and partly halal Question: My friend is asking again—He was working in a restaurant, serving everything except wine (khamr)but the meat there is not halal and he knows that; he was carrying the empty glasses of wine and washing them, he knows that that is not allowed. His Q is: he felt guilty so he left 62

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the restaurant. He had money out of that job and he wants to start a new halal business. CAN HE USE THAT MONEY TO START A NEW JOB? IF HIS MONEY IS NOT HALAL, DOES HE NEED TO GET RID OF THAT MONEY OR CAN HE WORK WITH IT AND FROM THE PROFIT HE CAN TAKE THE SAME AMOUNT OF MONEY? WAJAZAKUM ALLAH KHAYRAYAMAN Answer: The job which this brother was performing is the kind in which halal and haram have been mixed together. At the same time that he was serving food that contained haram ingredients such as pork or lahm ul-maita (meat not properly slaughtered), he was serving things that are halal as well washing dishes and glasses. If he had known at the time he was working about the prohibition of the haram things, then his income in this situation comprises mixed money, both halal and haram. So if he wants to repent to Allah, then he needs to get rid of the portion of his income which his haram, by estimating and approximating to his best judgment how much the haram portion of the income was which was earned via haram service. He can spend it in any of the various charitable means, and he cannot benefit from it whether by investment or otherwise. As for the remaining portion which is the halal amount, he is allowed to use it to his benefit. Excerpts from the book “I would like to repent BUT...” (www.islam-qa.com) 29: Money earned from doing forbidden things Question: I used to do forbidden things and get paid for them. Now 63

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I have repented. Do I have to return the amounts thus earned? Answer: Yes, one who commits haram (forbidden) deeds and accepts payments for them, should get rid of the amounts earned from them when he repents. But such amounts should not be returned to those who paid them. For instance, when a call-girl repents, she should not return her wages of sin to her customers. When a singer repents he should not return the wages he earned to the band to which he belonged or the party which paid. When a man who used to sell wine or drugs repents he should not return the amounts to those who used to buy from him. Nor should he who used to swear for others as a false witness return the amounts he earned to those for whose benefit he used to swear. The reason being that if he returns the amounts to him who paid, then he will be depositing with him both the unlawful money as well as the unlawful commodity that he took through bribe or wages of sin. Therefore it will be enough if he gets rid of such unlawful earning himself. This is the preference of Sheikh al-Islam Ibn Taimiyyah as well as his pupil Ibn ul-Qayyim as stated in his Madarij. Excerpted from the book I Want to Repent but… (www.islam-qa.com)

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Chapter 2 Transactions Insurance 21886: Insurance on credit cards Question: If we want to get a credit card such as Visa or Mastercard, then insurance on it is compulsory, so that if it is stolen or if money is stolen from someone else through it, compensation will be paid by the insurance company. Answer: Praise be to Allaah. This insurance is haraam and is not permissible. It is a type of gambling, which Allaah has forbidden in His Book. Allaah says (interpretation of the meaning): “O you who believe! Intoxicants (all kinds of alcoholic drinks), and gambling, and AlAnsaab (stone altars for sacrifices to idols, jinn, etc), and AlAzlaam (arrows for seeking luck or decision) are an abomination of Shaytaan’s (Satan’s) handiwork. So avoid (strictly all) that (abomination) in order that you may be successful” [al-Maa’idah 5:90] The insurance company takes the premium, then if the card is stolen it pays compensation, but if nothing happens it keeps those payments.

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Whether a theft will occur or not is something that is unknown, and the amount, if any, that may be stolen if the card is stolen is also unknown. This is obviously deceit and ambiguity. Their taking the money, if nothing happens, is consuming people’s wealth unlawfully. 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] This is in addition to the fact that most credit cards are also subject to conditions that involve riba (usury, interest), etc. Islam Q&A (www.islam-qa.com) 45656: How should they dispose of insurance money after their father’s death? Question: After my husband died we began to get money from the National Insurance and Pension Organization. We referred this matter to the scholars, and some of them said that this money should be distributed according to sharee’ah because it is like an estate left by the deceased; others said that it should be distributed according to the rules and regulations governing insurance, because it is the result of an agreement between the deceased and that organization. We referred the second answer to the 66

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scholars who held the first view, and they said that insurance for government employees is something compulsory and the employee does not have the right to cancel it. Now I am arguing with my children about this matter. What should I do?. Answer: Praise be to Allaah. Insurance policies are based on ambiguity and are akin to gambling, and it is not permissible for a Muslim to join them voluntarily. If a Muslim is forced to join, and part of his salary is deducted for that each month, then he does not have the right to take anything more than what was deducted from him for that. If his job ends or he leaves, he can take what was deducted from him and spend the rest on charitable causes. Similarly if this employee dies, it is not permissible for his heirs to make use of what they take from these institutions, apart from what was deducted from their father’s salary. What they take every month should be divided according to sharee’ah, based on each person’s share of the inheritance, not according to the rules and regulations governing insurance. Sharee’ah takes precedence over them, not the other way round. See the answer to questions no. 2352, 21559 and 21262. Islam Q&A (www.islam-qa.com) 40336: Working for an insurance company Question: Is life insurance halaal or haraam? What is the ruling on those who work in companies offering life insurance?. 67

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Answer: Praise be to Allaah. Firstly: Life insurance is a kind of commercial insurance, which is haraam, because it involves uncertainty, riba and gambling, and consuming wealth unlawfully. It is not permissible to work in commercial insurance companies, because this is a kind of cooperating in sin, which Allaah has forbidden, as He says (interpretation of the meaning): “Help you one another in AlBirr and AtTaqwa (virtue, righteousness and piety); but do not help one another in sin and transgression. And fear Allaah. Verily, Allaah is Severe in punishment” [al-Maa’idah 5:2] See also question no. 8889. Secondly: There is nothing wrong with your keeping the money that you earned from working in that company before you came to know that it is haraam, 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)” [al-Baqarah 2:275] With regard to the money that you took from the company after you came to know that it is haraam, then you have to get rid of it, because it is haraam wealth, so you can spend it on charitable causes. See also questions no. 33852 and 2492. See Fataawa al-Lajnah al-Daa’imah li’l-Buhooth al‘Ilmiyyah wa’l-Ifta’, 15/8. 68

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And Allaah knows best. Islam Q&A (www.islam-qa.com) 39474: Benefitting from insurance Question: In 1996 I was in a car crash, and I was supposed to submit my papers to the insurance company, but I did not do so until I was in another accident in 2001, when I did not have any insurance. As a result of that accident I became paralyzed and needed treatment. I am very poor, praise be to Allaah. Because I tried all possible ways (with no success) can I submit my papers to the insurance company? Allaah knows the distress and hardship that I am facing. Answer: Praise be to Allaah. We ask Allaah to heal you and restore you to health, and to relieve your distress and hardship. If what is meant by submitting your papers to the insurance company is that you have health insurance, or intend to take out health insurance, you should note that this insurance is haraam, as is so-called life insurance, because the insurance policy in both cases involves ambiguity and a kind of gambling. This has been stated by the scholars in their fatwas. It says in Fataawa al-Lajnah al-Daa’imah (15/297): A – It is not permissible for the Muslim to insure himself 69

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against sickness, whether that is in a Muslim country or in a kaafir country, because that involves ambiguity and a kind of gambling. B – It is not permissible for a Muslim to insure his life or all or some of his physical faculties, or to insure his wealth, possessions, cars and the like, whether that is in a Muslim country or in a kaafir country, because these are kinds of commercial insurance, which is haraam because it involves ambiguity and a kind of gambling. End quote. Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: “Insurance means that a person pays a certain amount to the company each month or each year against an accident that may happen to the thing insured. It is known that the one who pays insurance is losing in all cases, and the insurance company may win or lose, because if the accident is very serious and costs more than the money paid by the customer, the company will lose, but if it is minor and costs less than the money paid by the customer, or if no accident happens at all, then the company will win and the customer will lose. This kind of contract – i.e., contracts in which a person may win or lose – is regarded as a kind of gambling which Allaah forbids in His Book and mentions alongside drinking alcohol and worshipping idols. Based on this, this kind of insurance is haraam. I do not know of any kind of insurance based on ambiguity that is permissible, rather all kinds are haraam, because of the hadeeth of Abu Hurayrah (may Allaah be pleased with him) who said that the Prophet (peace and blessings of Allaah be upon him) forbade transactions based on ambiguity. 70

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And Shaykh Ibn ‘Uthaymeen said: Life insurance is not permissible, because if the angel of death comes to the one whose life is insured, he cannot refer him to the insurance company. So this is a mistake and foolish misguidance, and it involves depending on this company instead of Allaah, because the person is depending on the company, if he dies, to take care of his heirs, which means depending on someone other than Allaah. This is akin to gambling, indeed it is gambling in a real sense, and in His Book Allaah mentions gambling alongside shirk, divination with arrows and alcohol. In the case of insurance, a man may pay money for years and years, and he may lose it, but if he dies soon the company may be the loser. All contracts in which there may be gains or losses are kinds of gambling. End quote. From Fataawa ‘Ulama’ al-Balad al-Haraam, p. 652, 653. See also questions no. 10805 and 8889. Secondly: If you are forced to take out insurance and there is an accident, it is permissible for you to take from the insurance company the same amount as the payments you have made, but you should not take any more than that. If they force you to take it then you should donate it to charity. We advise you to fear Allaah and to turn to Him and make a lot of du’aa’, for anyone who turns to Him will never be disappointed. And we remind you of the words of the Prophet (peace and blessings of Allaah be upon him): “Whoever is stricken with poverty and turns to people 71

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for help, his needs will never be met, but whoever is stricken with poverty and turns to Allaah, Allaah will send him provision sooner or later.” Narrated by al-Tirmidhi, 2326; Abu Dawood, 1645. Classed as saheeh by al-Albaani in Saheeh al-Tirmidhi. And Allaah knows best. Islam Q&A (www.islam-qa.com) 22933: Ruling on shares in a car insurance company Question: What is the ruling on shares in a car insurance company? Are the profits that I make halaal or haraam?. Answer: Praise be to Allaah. All forms of commercial insurance that are dealt with nowadays are haraam because they involve riba (usury) and ambiguity. See questions no. 8889 and 10805. Shaykh Ibn Jibreen was asked about the ruling on car insurance; he replied: In my opinion insurance is a kind of ambiguity, because the company may take money from some of its clients each year and those clients do not make any claims for repairs etc. And they may take a little from some other clients and lose a great deal. There are some people who deal with cars who have little faith and do not fear Allaah, 72

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and when their cars are insured they do not care what happens, so they expose themselves to danger and drive recklessly, so they may cause accidents and kill believing souls and destroy wealth that is protected in sharee’ah, and they do not care about that because they know that the insurance company will bear the resulting costs. I say that this insurance is not permissible because of these reasons and others, whether that is car insurance, life insurance, property insurance etc. Fataawa Islamiyyah, 3/5 If this is the ruling on insurance, then buying shares in these companies is haraam. Hence the scholars of the Standing Committee said: It is not permissible to buy shares in commercial insurance companies, because insurance policies include ambiguity and riba, which are forbidden in Islamic sharee’ah. Fataawa Islamiyyah. 2/43 Based on this, the profits earned through shares in insurance companies are also haraam. The Muslim who has indulged in any of these things and taken any of these profits should get rid of them and spend them in charitable ways. The Muslim has to seek to earn a halaal income, because every body that is nourished on haraam things, the Fire is more suited for it. We ask Allaah to set the Muslims’ affairs straight. And Allaah knows best. Islam Q&A (www.islam-qa.com) 73

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9348: He works for a company that deals with insurance Question: I work for a shipping company that ship package all over the world. I was told by my supervisor that i will be require to ask the customer if they want too add insurance wich s 35 cent on every hundred dollar to protect their package and i have to push button on the computer and it’s done in seconds.My questin is will this make my job haram because of the insurance ? Is this RIBA ? Will I be CURSE by ALLAH for this ?. Answer: Praise be to Allaah. Firstly: Working in shipping is halaal if the products being shipped are things that are permissible according to sharee’ah and are not haraam things such as alcohol, pork or anything that it is forbidden to eat, drink, wear, etc. Secondly: The commercial insurance which insurance companies deal in is haraam. One of the reasons for it being haraam is the fact that it involves riba and gambling, both of which are haraam according to the texts of the Qur’aan and Sunnah, and the consensus (ijmaa’) of the Muslims. See Question no. 8889. Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) said: Insurance on one’s life and property is haraam according 74

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to sharee’ah and is not permitted, because it involves ambiguity and riba. Allaah has forbidden all riba-based transactions and all transactions that involve ambiguity, out of mercy towards this ummah and to protect it from that which may harm it. Allaah says (interpretation of the meaning): “Allaah has permitted trading and forbidden Riba” [al-Baqarah 2:275] and it was narrated in a saheeh hadeeth that the Messenger of Allaah (peace and blessings of Allaah be upon him) forbade transactions involving ambiguity. And Allaah is the Source of strength. Fataawa Islamiyyah, 3/5 Thirdly: Allaah describes riba as a very serious issue, and warns against it, as He says (interpretation of the meaning): “O you who believe! Fear Allaah and give up what remains (due to you) from Ribaa (from now onward) if you are (really) believers. And if you do not do it, then take a notice of war from Allaah and His Messenger” [al-Baqarah 2:278-279] Muslim (1598) narrated that Jaabir said: The Messenger of Allaah (peace and blessings of Allaah be upon him) cursed the one who consumes riba, the one who pays it, the one who writes it down and the two who witness it. He said, “They are all the same.” Al-Nawawi said: This clearly shows that it is haraam to write d own the 75

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contract between the two parties or to witness it. It also shows that it is haraam to help others to commit falsehood. Your pushing the button to proceed with the insurance is like writing it down, so it is included in the hadeeth quoted above. Fourthly: It is not permissible for a Muslim to work for a company that deals in riba and other haraam transactions. The prohibition is not restricted to the one who writes down the details of the riba or the one who witnesses it, rather it includes all the employees who work in the company, even the doorkeepers and security guards, because this helps the company to do the haraam transactions that they engage in. And Allaah says (interpretation of the meaning): “Help you one another in AlBirr and AtTaqwa (virtue, righteousness and piety); but do not help one another in sin and transgression” [al-Maa’idah 5:2] Fifthly: The Muslim should look for halaal work, for consuming haraam wealth is one of the things that prevent du’aa’ from being answered, and is one of the causes of entering Hell. Any body that has been nourished on haraam earnings, the Fire is more fitting for it. If a Muslim gives up something haraam in obedience to Allaah, then Allaah will replace it with something better than it, for whoever gives up something for the sake of Allaah, Allaah will compensate him with something better. And Allaah knows best. Islam Q&A (www.islam-qa.com) 76

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30740: Borrowing from one who stipulates life insurance as a condition of giving the loan Question: I work in a company that gives interest-free housing loans, but they stipulate that the employee must have life insurance. That is so that the company will take the money it is owed from the insurance company in the event that the employee dies before praying off the loan. Is this loan halaal or haraam? Please advise us, may Allaah reward you with good. Answer: Praise be to Allaah. Taking good loans which are prescribed in sharee’ah and which do not involve interest is permissible, but it is not permissible to make that dependent upon conditions which are not Islamically acceptable. That includes the condition mentioned in the question; what renders it unacceptable is the fact that the company stipulates that the person who is borrowing the money is required to take out life insurance. There is no doubt that life insurance – and indeed all kinds of insurance – is haraam, and it is a form of gambling. Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) said: Insurance on one’s life and possessions is forbidden according to sharee’ah and is not permitted, because it involves ambiguity and riba (usury, interest) and Allaah has forbidden all kinds of transactions that involve riba and ambiguity out of mercy towards the ummah and in 77

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order to protect them from harm. Allaah says (interpretation of the meaning): “Allaah has permitted trading and forbidden Riba” [al-Baqarah 2:275] and it was narrated in a saheeh report that the Messenger of Allaah SAWS (peace and blessings of Allaah be upon him) forbade transactions that involve ambiguity. And Allaah is the source of strength. Fataawa Islamiyyah, 3/5 On this basis, it is not permissible to participate in housing loan programs where the company stipulates that the beneficiary must take out life insurance. “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 – interpretation of the meaning] “and whosoever fears Allaah and keeps his duty to Him, He will make his matter easy for him” [al-Talaaq 65:4 – interpretation of the meaning] 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 (www.islam-qa.com)

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21559: Can the heirs benefit from compensation paid out by the car insurance? Question: My brother died in a car accident after the car struck a camel. The car which he was driving was covered by comprehensive insurance for the driver. After he died, the insurance company was obliged to pay compensation worth 150,000 dirhams. My question is: What should we do in this situation and with this money? Should we accept the money from the insurance company? Is it permissible for us to give it in charity? Should the heirs take it? Answer: Praise be to Allaah. If your brother is the one who insured the car, you should not take more than the amount he paid for the insurance and you should give the rest in charity, because insurance policies are a form of gambling and are a kind of ambiguous contract, which are not permitted by sharee’ah. (See question no. 8889). We ask Allaah to give us sufficient of what is halaal so that we will have no need of what is haraam, and to make us independent by His Bounty. And Allaah is the Source of strength. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 79

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21262: Should he appoint a kaafir lawyer to get his money from the insurance company? Question: I am a student in America. A few weeks ago I had an accident and it was Allaah’s will that I suffer injuries in my back and shoulders. (The muscles are torn, according to the doctor, but he did not take an x-ray of my back in order to be certain). The accident was not my fault, hence the insurance company of the person who caused it will take responsibility for (repairs to) my car and my medical treatment, in accordance with the law. I tried to call the insurance company three times concerning the pain in my back and shoulders, so that I can get treatment at their expense, but they did not respond to me. It is as if they are trying to put me off and get out of paying. Am I allowed to hire a kaafir lawyer to get compensation for the harm caused to me by the accident and for the disruption to my life – knowing that the lawyer may get compensation from them which may be many times more than the value of the car, and I do not know about the medical costs (which are very expensive in America)? Answer: Praise be to Allaah. It is permissible for you to hire a lawyer if the company is indeed trying to put you off and is not doing what it should, and the expenses of this lawyer will be charged to them. This is not wrongdoing to them in this case. But with regard to the expenses of the accident and your medical treatment, do not take more from this company that the amount you have given them during the period when you have had insurance with them, because any additional 80

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amount is counted as ribaa (usury, interest) and it is not permissible for you to take it. As far as I know, insurance is compulsory for you [in the US]; if it was voluntary then you should not have been involved in these insurance contracts. Shaykh Sa’d al-Humayd (www.islam-qa.com) 10805: Life insurance Question: Is it permissible to take out life insurance so as to ensure that my family are provided for after I die? Please supply the evidence (daleel) for your response. Answer: Praise be to Allaah. Shaykh Ibn Baaz (may Allaah have mercy on him) was asked about life insurance, and he said: Insurance of one’s life or possessions is haraam and is not permitted, because it involves gharar (buying/selling something where it is not known whether what is being bought/sold will actually be achieved/delivered, or in what specific quantity, thus putting one’s money at undue risk to being lost) and riba (usury, interest). Allaah has forbidden all transactions that are based on riba, and all transactions which involve deceit, as a mercy to this ummah, and to protect them from that which may harm them. Allaah says (interpretation of the meaning): “whereas Allaah has permitted trading and forbidden Ribaa”[al-Baqarah 2:275] 81

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And it was narrated in a saheeh report that the Prophet (peace and blessings of Allaah be upon him) forbade deceit. And Allaah is the source of strength. Fataawa Islamiyyah, 3/5 (www.islam-qa.com) 11361: Is it permissible to take out insurance to cover funeral expenses? Question: We are small muslim community in London and in our last meeting our member pointed out that the funeral expenses are going up sharply and there is good chance that deceased family or the single person can not afford the expenses then in this case we should get insurance for funeral arrangements. Please advis urgently in this matter. Answer: Praise be to Allaah. Insurance – which means paying a specific sum of money in return for something unknown is not permitted because it is like buying something sight unseen and is a form of deceit. But if the Muslims were to help one another, and those of means were to donate to others who do not have the means of paying for such things, this would be counted as co-operating in righteousness and piety which is enjoined in Islam. Allaah says (interpretation of the meaning): “Help you one another in Al Birr and At Taqwa (virtue, 82

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righteousness and piety); but do not help one another in sin and transgression” [al-Maa’idah 5:2] It should be noted that if a person is compelled to take out insurance and does so unwillingly, not by choice, then in this case there is no sin on him. . Shaykh ‘Abd al-Kareem al-Khudayr (www.islam-qa.com) 8889: The true nature of insurance and the rulings concerning it Question: What are the rulings on commercial insurance which is widespread nowadays? Answer: Praise be to Allaah. 1) All kinds of commercial insurance are clearly and undoubtedly ribaa (interest/usury). Insurance is the sale of money for money, of a greater or lesser amount, with a delay in one of the payments. It involves riba al-fadl (interest-based transaction) and riba al-nas’ (interest to be charged if payment is delayed beyond the due date), because the insurance companies take people’s money and promise to pay them more or less money when a specific accident against which insurance has been taken out happens. This is riba, and riba is forbidden in the Qur’aan, in many aayaat. 83

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2) All kinds of commercial insurance are based on nothing but gambling which is haraam according to the Qur’aan: “O you who believe! Intoxicants (all kinds of alcoholic drinks), and gambling, and AlAnsaab (stone altars for sacrifice to idols etc.) and AlAzlaam (arrows for seeking luck or decision) are an abomination of Shaytaan’s (Satan’s) handiwork. So avoid (strictly all) that (abomination) in order that you may be successful” (al-Maa’idah 5:90 – interpretation of the meaning). All kinds of insurance are kinds of playing with chances. They tell you, Pay this much money, then if this happens to you we will give you this much. This is pure gambling. Insisting on differentiating between insurance and gambling is pure stubbornness that is unacceptable to any sound mind. The insurance companies themselves admit that insurance is gambling. 3) All kinds of insurance are forms of uncertainty, and transactions which involve uncertainty are forbidden according to many saheeh ahaadeeth, such as the hadeeth narrated by Abu Hurayrah (may Allaah be pleased with him): “The Messenger of Allaah (peace and blessings of Allaah be upon him) forbade transactions determined by throwing a stone and transactions which involved some uncertainty.” (Narrated by Muslim). [“Transactions determined by throwing a stone” – this was a type of transaction that was prevalent in the markets of pre-Islamic Arabia, whereby a stone was thrown by either the buyer or the seller, and whatever it touched, its transaction became binding. “Transactions which involved some uncertainty” – is a transaction in which there is no guarantee that the seller can deliver the goods 84

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for which he receives payment. Footnotes from the translation of Saheeh Muslim. (Translator)]. All forms of commercial insurance are based on uncertainty of the most extreme kind. Insurance companies and those who sell insurance refuse to insure cases except where there is clear uncertainty in whether or not the condition being insured against will happen or not. In other words, the condition being insured against must have a possibility of happening or not happening (as opposed to, for example, someone who has a preexisting condition, such as a person who is on death row applying for life insurance—translator.) Moreover, this transaction involves something uncertain, which is when an accident will happen and the extent of the damage caused. Hence insurance combines three kinds of extreme uncertainty. 4) All kinds of commercial insurance consume people’s wealth unjustly, which is haraam according to the Qur’aan: “O you who believe! Eat not up your property among yourselves unjustly” (al-Nisaa’ 4:29 – interpretation of the meaning). All forms of commercial insurance are fraudulent transactions aimed at consuming people’s wealth unjustly. The precise statistics calculated by one of the German experts state that what people get back of what has been taken from them is no more than 2.9%. Insurance is an immense loss for the nation, and there is no evidence or excuse to be found in the actions of the kuffaar who have lost the ties of kinship and friendship and are therefore forced to resort to insurance, which they hate as much as they hate death. 85

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These are only some of the violations of sharee’ah which insurance is essentially based upon. There are numerous other violations which we do not have room to mention here, and there is no need to do so, because just one of the violations which we have mentioned above is sufficient to make insurance one of the things which is most prohibited in the sharee’ah of Allaah. It is a shame that some people are deceived by the ways in which the insurance companies make insurance attractive and confuse them by calling it “co-operative” or “mutual support” or “Islamic”, or other names which do not change the unjust nature of insurance in the slightest. The insurance companies’ claim that the ‘ulamaa’ have issued fatwaas stating that so-called “co-operative insurance” is halaal, is a lie. The reason for this confusion is that some insurance companies approached the ‘ulamaa’ with a deceitful set-up which has nothing to do with any kind of insurance, but they said that it was a kind of insurance which they called “co-operative insurance” (to make it sound attractive and to confuse the people). They said that it was purely in the nature of a donation, and that it was a kind of the co-operation enjoined by Allaah in the aayah (interpretation of the meaning): “Help you one another in AlBirr and AtTaqwa (virtue, righteousness and piety)…” (al-Maa’idah 5:2), and that the aim was to co-operate in alleviating the overwhelming disasters that may befall people. But in fact what they called cooperative insurance was just like any other kind of insurance; the only difference was in the way in which it was set up, not in its essential nature. It was far from being any kind of simple donation or co-operation in righteousness and piety; in fact it is a kind of co-operation in sin and transgression. It was not aimed at helping to relieve the distress of calamities, but at depriving people 86

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of their wealth by unjust means, which is absolutely haraam, as are other kinds of insurance. Hence what they proposed to the ‘ulamaa’ is not even insurance at all. With regard to the claim made by some, that part of the premium (money paid to the insurer) is returned, this does not change anything and does not free insurance from the taint of ribaa, gambling, transactions based on uncertainty, unjust consumption of people’s wealth and going against the principle of trusting in Allaah (tawakkul), and other kinds of haraam actions. Insurance is deceit and confusion. Anyone who wishes to learn more should refer to the essay al-Ta’meen wa Ahkaamuhu (Insurance and its rulings). I call on every Muslim who has pride in his religion and whose hopes are focused on Allaah and the Last Day to fear Allaah and to avoid all kinds of insurance, no matter how attractive their proponents make them, for they are undoubtedly forbidden. In this manner he will protect his religion and his wealth, and he will be blessed with security from the Owner of security, may He be exalted. May Allaah help me and you to have insight into matters of religion and to do that which is pleasing to the Lord of the Worlds. See: Khalaasah fi Hukm al-Ta’meen by Shaykh Dr. Sulaymaan ibn Ibraaheem al-Thaniyaan Member of faculty, Sharee’ah College, al-Qaseem (www.islamqa.com) 1401: Working for A Company That Covers All Employees with Insurance Question: I read your replay to the question regarding working for a 87

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life insurance company. The company I work for provides as part of the benefits package a life insurance policy for all employees. Is this haram on my part even if I had not asked for it? What does one do regarding such a situation if the company does not cancell the policy upon request? May allah bless you for your help. Answer: Praise be to Allaah. So long as it is not you who has set up and agreed to the insurance, there is no sin on you working there, so long as the work is permissible. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 5392: Compulsory car insurance Question: I live in a country where it is compulsory for a driver to get a car insurance. If the driver can prove that he drove for 5 years without claiming any accident (= non claim bonus), the cost of the car insurance will be much cheaper. 1) I know that car insurance is not lawful in Islam. What a Muslim should do knowing that a)it is difficult and expensive for a Muslim family to use taxis or public transport b)you can be jailed for driving without a car insurance. 2) Some brothers have driven in their countries for 5 years without claiming any accident but they cannot prove it (by getting a non claim bonus from their former insurance 88

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company). Some other brothers did not drive for 5 years without claiming any accident. Is it lawful for these brothers to falsify a document (a non claim bonus) in order to pay as less money as possible to the insurance company? Answer: Praise be to Allaah. After discussing this question with Shaykh Muhammad Al-Saalih Al-‘Uthaymeen, we came up with the following: What we understand from the question is that the amount of money paid for the insurance is related to the value of the car, i.e. what the car is worth when the insurance is taken out. What this person is planning to do is a kind of lying, but it is done for the purpose of reducing the unfairness to which he is being subjected, namely being compelled to take out Haraam insurance. If there is no harm caused to him or to the reputation of the Muslims by his doing this, then there is no sin on him if he does that because he is forced to. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 4540: Ruling on accepting compensation for disability caused at a private school Question: i have a deaf sister who became deaf due to cannoing at school a couple of years ago, My questions are, 1.how much islamic Obligation is on someone who is completely deaf? 89

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2. are we allowed to claim compensation from the school through their insurance which should cover such accidents? jazakhallah khairan for your time, effort and truthful answears. Answer: Praise be to Allaah. Firstly, so long as the deaf person is responsible and of sound mind, he is obliged to do all the duties that he is able to fulfil. With regard to the second question, we put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who said: How did she become deaf? We said: through an accident that happened at school, such as a table or chair falling on her, which caused her to become deaf. The school considered itself to be responsible for that. He replied: the responsible party is the one who caused the accident. If it happened that there is no one who can be held responsible, then it is not permissible for her to accept the compensation. Question: Suppose that the school or its administration was responsible, and it is a private school that is run for profit? Answer: The compensation is to be paid by the one who caused 90

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the accident. If someone moved the table or an electrical cable and it fell on this girl, then he is responsible and has to pay compensation. Question: If, according to the system in that country, the school is obliged to pay compensation, can these people take it as per the system? Answer: The man is a Muslim, he cannot take people’s wealth except in a lawful manner. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)

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Chapter 3 Transactions Blood Money 40269: Husband forcing his wife to abort a pregnancy Question: What is the ruling on a husband who tries to make his wife abort against her wishes in the second month of pregnancy because he wants to divorce her, by giving her medicine that will cause that to happen, even though he did not manage to bring about an abortion? Is that halaal or haraam? What is the expiation for doing that?. Answer: Praise be to Allaah. Aborting a pregnancy is not permissible, whether the soul has been breathed into the embryo or not, but if that is after the soul has been breathed in, the prohibition is more emphatic. If a husband tells his wife to abort a pregnancy, it is not permissible for her to obey him. Shaykh Muhammad ibn Ibraaheem (may Allaah have mercy on him) said: Trying to abort a pregnancy is not permissible if it is not proven that the foetus has died; if that is proven then it is permissible.

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Majmoo’ Fataawa al-Shaykh Ibn Ibraaheem, 11/151 Shaykh Saalih al-Fawzaan (may Allaah preserve him) said: Firstly: It is not permissible to abort a pregnancy. Once pregnancy is discovered, it must be protected and it is haraam for the mother to harm the pregnancy or disturb it in any way, because it is a trust that Allaah has placed in her womb and it has rights, so it is not permissible to mistreat it, harm it or destroy it. The shar’i evidence indicates that it is haraam to abort a pregnancy. The fact that a baby cannot be born without an operation is no excuse for abortion; many women only give birth by means of an operation (i.e., caesarian), so this is no excuse for aborting the pregnancy. Secondly: If the soul has been breathed into the foetus and it has started to move, then it is aborted after that and it dies, then (the woman) is regarded as having killed a soul and she is obliged to offer expiation by freeing a slave; if that is not possible, then she must fast for two consecutive months in repentance to Allaah. That is if four months of pregnancy have passed, because in that case the soul has been breathed into the foetus. If it is aborted after that, then kafaarah (expiation) as described must be offered. This is a serious matter which cannot be taken lightly. If a woman cannot bear a pregnancy for reasons of sickness, then she has to take medication to prevent getting pregnant in the first place; she may take contraceptive pills to delay getting pregnant for a while, until she regains her health and strength. Al-Muntaqa, 5/301-302 93

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Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) was asked about a man who said to his wife: “Abort what is in your womb and the sin will be on me.” If she does that and listens to him, what expiation will they have to offer? He replied: If she does that, then they both have to offer expiation by freeing a believing slave; if that is not possible then they have to fast for two consecutive months and they have to give a male or female slave to the heir that did not take part in the killing, and not to the father, because the father is the one who ordered that he be killed, so he does not deserve anything. “A male or female slave” is the diyah (blood money) for the foetus, i.e., the value of a male or female slave, which the scholars stated is equivalent to one-tenth of the diyah for his mother. We have already discussed the ruling on abortion in more than one answer. Please see questions no. 13317, 42321, 12733. With regard to the expiation for that, because the pregnancy was in the second month or before the soul had been breathed into the foetus, and the abortion did not take place, then no expiation is required. But what is required is repentance to Allaah from this haraam action. And Allaah knows best. Islam Q&A (www.islam-qa.com) 12049: He killed a man then he committed suicide. Do the kin of his victim have any financial rights? Question: One person killed another, then he killed himself. Do the 94

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kin of the victim have any financial rights over the kin of the killer who then committed suicide? Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who answered as follows: The kin of the victim have the right to diyah (blood money) from the wealth of the killer if he left any wealth. If he did not leave any wealth then they have no rights over the clan of the killer. Shaykh Muhammad ibn Saalih al-‘Uthaymeen (www.islam-qa.com) 9112: His father killed his mother; can he take the inheritance from him on the basis that it is diyah (blood money)? Question: My father murder my mother when i was very young 15 years old. Both my mother and father are kafir and i was a kafir at that time.My father never went to prison for the crime,now he is very old and may die soon.He is planning to leave me alot of money.Can i accept this money? Ca it be consider blod money? Answer: Praise be to Allaah. 95

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We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who answered as follows: If he is going to give it to you on the basis that it is diyah (blood money), then you should not take it, because he is a kaafir and you are a Muslim; a Muslim cannot inherit from a kaafir, and diyah is a kind of inheritance. If he is going to give it to you just to make you feel better (as a gift), then there is nothing wrong with taking it. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)

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Chapter 4 Transactions Debts 13945: It is permissible to waive part of a debt in return for bringing forward repayment. Question: I have a debt which is not due to be repaid yet, but the lender has asked me to repay it ahead of time. I agreed, but on condition that he waive part of the debt. Is that permissible?. Answer: Praise be to Allaah. If the lender or debtor wants to pay off the debt before it is due, it is permissible to waive part of the debt in return for bringing forward the repayment. This issue is referred to by the scholars as da’ wa ta’ajjal, i.e., waive part of the debt and bring forward repayment. The scholars differed as to whether this transaction is valid. Most of the scholars were of the view that it is haraam, and they quoted as evidence the fact that this transaction is akin to riba, concerning which there is consensus that it is haraam. Riba (interest, usury) means paying extra on a debt in return for delaying payment. But in this case it is the mirror image, i.e., reducing the debt in return for bringing forward repayment. 97

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Al-Sarkhasi said in his book al-Mabsoot: If a man owes something to another man, to be paid later, and it is the price of something that has been bought, and he waives part of it in return for bringing the payment forward, that is not good … because this is the mirror image of increasing the debt in return for delaying payment, which is riba. Do you not see that in the case of a debt that is due, if they agree to increase the debt so that he can pay it later, do you not agree that this is not permissible? By the same token, with regard to the debt that is not yet due, waiving part of it in return for it being paid sooner is the same. Ibn Rushd al-Maaliki said in his book Bidaayah alMujtahid (2/144): The argument of those who said that this is not permissible is that it is like paying extra if more time is given, and there is consensus that that is haraam. Others were of the view that it is permissible, such as ‘Abd-Allaah ibn ‘Abbaas and Zayd ibn Thaabit (may Allaah be pleased with them). This is also one of the two opinions of Imam al_Shaafa’i and Imam Ahmad. This view was also favoured by Shaykh al-Islam Ibn Taymiyah and his student Ibn al-Qayyim. It was also regarded as permissible by Ibn ‘Aabideen among the Hanafi fuqaha’, as stated in his footnotes on al-Durr al-Mukhtaar, 5/160 They quoted several things as evidence for its being permissible: 1 – The report narrated by al-Haakim and al-Tabaraani from Ibn ‘Abbaas, according to which when the Prophet (peace and blessings of Allaah be upon him) was commanded to expel Bani al-Nadeer, some of them came to him and said: “O Prophet of Allaah, you have been commanded to expel us but some people owe us money which is not due to be paid yet.” The Messenger of Allaah 98

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(peace and blessings of Allaah be upon him) said: “Waive some of the debt so that they will pay you sooner.” In Majma’ al-Zawaa’id it says that its isnaad includes Muslim ibn Khaalid al-Zinji, who is da’eef (weak) but some regarded him as mawthooq (trustworthy). Ibn al-Qayyim (may Allaah have mercy on him) said in Ahkaam Ahl al-Dhimmah (1/396): Its isnaad is hasan and there is nothing wrong with it apart from Muslim ibn Khaalid al-Zinji, whose hadeeth does not go below the level of hasan. 2 – The words of ‘Abd-Allaah ibn ‘Abbaas (may Allaah be pleased with him): “Rather riba means delay payment for me and I shall increase the amount; it does not mean bring forward the payment and I will waive some of the debt.” 3 – The fact that this transaction benefits both parties (the lender and the debtor); the lender benefits from having the loan repaid sooner, and the debtor benefits from having part of the debt waived. They responded to the evidence of those who regard it as haraam by stating that comparing this transaction to riba is not correct, because it is the opposite of riba. In the case of riba, the debt is increased in return for delaying repayment, but in this case the debt and the time are both reduced. So how can something be compared to its opposite? This is what is meant by the words of Ibn ‘Abbaas quoted above. Ibn al-Qayyim (may Allaah have mercy on him) said: This is the opposite of riba, for riba means increasing the time allowed and the amount owed, which is harmful to the debtor. But what we are talking about means that the debtor pays off his debt and the lender benefits by 99

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receiving repayment sooner. So both parties benefit without either being harmed, unlike the case of riba on which there is consensus, because in that case the harm is done to the debtor, and all the benefit goes to the lender. This is the opposite of riba. The Standing Committee was asked about this matter and said: This is an issue concerning which there is a difference of opinion among the scholars. The correct scholarly view is that it is permissible to waive debts and bring forward repayment. This was narrated from Imam Ahmad and was the view favoured by Shaykh Ibn Taymiyah and Shaykh Ibn al-Qayyim. It was attributed to Ibn ‘Abbaas (may Allaah be pleased with him). Fataawa al-Lajnah, 13/168 A statement issued by the Fiqh Council says: Waiving part of a debt in order to bring forward repayment, whether that is at the request of the lender or the debtor, is permissible according to sharee’ah, and it is not the kind of riba that is haraam. And Allaah knows best. Islam Q&A (www.islam-qa.com) 33700: Should marriage be given priority over settling debts? Question: If a person owes money, but at present he cannot pay it 100

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off, and he intends to pay it off as soon as he is able to do so, noting that the people to whom he owes that money are not in the same city as he is – if he gets some money and he fears that he may fall into temptation, and he wants to get married, can he give priority to marriage instead of paying off his debts?. Answer: Praise be to Allaah. He should give priority to paying off his debts before he gets married, unless the people to whom he owes money give him permission to give priority to marriage, in which case he is permitted to do that. With regard to his fears of falling into temptation, he has to fast in order to protect himself, because the Prophet (peace and blessings of Allaah be upon him) said: “O young men, whoever among you can afford it, let him get married, because that is more effective in guarding one’s chastity and lowering one’s gaze. Whoever cannot afford it, let him fast, for that will be a shield for him.” Agreed upon. And Allaah is the Source of strength. Fataawa al-Lajnah al-Daa’imah li’l-Buhooth wa’l-Ifta’, 14/39. (www.islam-qa.com) 26842: He let him off the debt and now he is asking for it to be paid Question: I lent money to one of my friends, and he brought the 101

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money to pay off the debt, but I said to him, “I don’t want anything,” and I did not take it. Then I needed the money after that, so I asked him for the money and he paid it off. Is that permissible?. Answer: Praise be to Allaah. If the lender lets the debtor off from paying the debt, then he no longer owes the money, and if he no longer owes the money he cannot be asked for it, unless he has borrowed money again. Based on this it is not permissible for you to ask for the money back after you let him off, and you have no right to the money that he gave you. You have to return the money to him. The Standing Committee was asked about a man who let off the person who owed him money, then he asked for it and took it from him. They replied: If the matter is as described, you do not have the right to take the money that you already let him off paying. Fataawa al-Lajnah al-Daa’imah, 13/177 But if you told him (that you have no right to it) but he still let you keep the money, there is nothing wrong with taking it. And Allaah knows best. Islam Q&A (www.islam-qa.com) 13180: Writing a debt and having it witnessed Question: Can you please tell me what is the correct procedure for giving debt (Lending money to a person). 102

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I am comitting a mistake/sin if i dont keep a witness and lend some money to another person. Answer: Praise be to Allaah. The correct way of lending money is that mentioned by Allaah in Soorat al-Baqarah, in the aayah on debt, where Allaah says (interpretation of the meaning): “O you who believe! When you contract a debt for a fixed period, write it down. Let a scribe write it down in justice between you. Let not the scribe refuse to write as Allaah has taught him, so let him write. Let him (the debtor) who incurs the liability dictate, and he must fear Allaah, his Lord, and diminish not anything of what he owes. But if the debtor is of poor understanding, or weak, or is unable to dictate for himself, then let his guardian dictate in justice. And get two witnesses out of your own men. And if there are not two men (available), then a man and two women, such as you agree for witnesses, so that if one of them (two women) errs, the other can remind her. And the witnesses should not refuse when they are called (for evidence). You should not become weary to write it (your contract), whether it be small or big, for its fixed term, that is more just with Allaah; more solid as evidence, and more convenient to prevent doubts among yourselves, save when it is a present trade which you carry out on the spot among yourselves, then there is no sin on you if you do not write it down. But take witnesses whenever you make a commercial contract. Let neither scribe nor witness suffer any harm, but if you do (such harm), it would be wickedness in you. So be afraid of Allaah; and Allaah teaches you. And Allaah is the All-Knower of each and everything. And if you are on a journey and cannot find a scribe, 103

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then let there be a pledge taken (mortgaging), then if one of you entrusts the other, let the one who is entrusted discharge his trust (faithfully), and let him be afraid of Allaah, his Lord. And conceal not the evidence, for he who hides it, surely, his heart is sinful. And Allaah is AllKnower of what you do”[al-Baqarah 2:282-283] So the correct way of lending money is: 1- To specify the period of the loan, i.e., the length of time after which the loan must be repaid. 2- Writing down the loan and the time when it is to be repaid. 3- If the one who writes down the loan is a person other than the debtor, then the debtor is the one who should dictate to him the details of the loan. 4- If the debtor is unable to dictate because of sickness or some other reason, then the one who should dictate on his behalf is his guardian. 5- The loan should be witnessed, and the witnesses should be two men, or one man and two women. 6- The lender has the right to ask the borrower to guarantee the loan with a pledge which the lender will keep. The benefit of the pledge is that if the time comes for the debt to be repaid and the borrower refuses to pay, the item in pledge may be sold and the debt paid with that money; anything left over is to be given to the owner of the pledge, namely the debtor. Guaranteeing a debt in one of these three ways (writing, witnesses or pledge) is mustahabb and is preferable, but it is not obligatory (waajib). Some of the scholars are of the view that it is obligatory to write down a loan, but most of the scholars say that it is mustahabb, and this is 104

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the more correct view. See Tafseer al-Qurtubi, 3/383. The reason for that is to protect people’s rights so that they will not be exposed to loss because of forgetfulness or confusion, and as a precaution against those who do not fear Allaah. If a loan is not written down and not witnessed, and no pledge is taken, that does not mean that it is a sin. The aayah itself indicates that: “then if one of you entrusts the other, let the one who is entrusted discharge his trust (faithfully), and let him be afraid of Allaah, his Lord” [al-Baqarah 2:283 – interpretation of the meaning] Trust means not guaranteeing the loan by writing it down, having it witnessed or asking for a pledge. But in this case it is essential to fear Allaah. Hence in this case Allaah commanded the one who is in debt to fear Allaah and discharge his trust: “let the one who is entrusted discharge his trust (faithfully), and let him be afraid of Allaah, his Lord”. See Tafseer al-Sa’di, 168-172. If the loan is not written down and the debtor denies it or takes a long time to repay it, then the lender has no one to blame but himself, because he exposed his property to loss. It was narrated from the Prophet (peace and blessings of Allaah be upon him) that if a loan is not written down, the du’aa’ of the lender against the debtor will not be accepted if he takes too long to pay or he denies the loan. He (peace and blessings of Allaah be upon him) said: “There are three who call upon Allaah but their prayer will not be answered:… a man who lent money to another man but he did not have (the loan) witnessed.” (Saheeh al-Jaami’, 3075). Whoever thinks about these rulings and others will see 105

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the perfection of the Islamic sharee’ah and how concerned it is to protect people’s rights and not expose them to loss. For Allaah commands the one who has wealth to protect it and not to expose it to loss, no matter how little it may be: “You should not become weary to write it (your contract), whether it be small or big, for its fixed term” [al-Baqarah 2:282 – interpretation of the meaning] Is there any other law that combines the interests of this world and the Hereafter in such a perfect way as the Islamic sharee’ah does? Could anyone come up with anything more perfect than these rulings? Allaah the Almighty indeed spoke the truth when He said (interpretation of the meaning): “And who is better in judgement than Allaah for a people who have firm Faith” [al-Maa’idah 5:50] We ask Allaah to make us steadfast in adhering to His religion until we meet Him adhering to it. And Allaah knows best. May Allaah bless our Prophet Muhammad and grant him peace. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 21626: He borrowed money and the person to whom it was owed has died, and he does not know how to repay it Question: My husband’s father borrowed an amount of money before 106

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1948, but he did not have enough money to pay it back, and the person whose money it was died. Then disaster befell Palestine and we were expelled from there. His financial position remained bad, then my husband’s father died, and my husband’s and my financial position was not good. Now my husband and I want to pay off this debt, knowing that we have been living in Saudi since 1967 and I do not know anything about the heirs of the man who lent the money. My husband has a brother who is out of work and has a family and handicapped children; his eyesight is very poor and he cannot work. So should we give this money to my husband’s brother with the intention of repaying this debt on behalf of the person who has died, and the charity will be on behalf of the one to whom that money belongs? Please advise me, may Allaah reward you with all good. Answer: Praise be to Allaah. You have to look for the heirs of the person to whom this money belongs, trying all ways and means to find them and not be negligent in this matter, then you should give the money to them. If you are not able to do that, then give the money in charity with the intention that the reward should go to him (the owner), giving it in any charitable cause that will help to meet the needs of the Muslims. Our advice is not to give it to your husband’s brother, because that may be seen as favouritism, and lest he be accused of that and people slander his honour because of that. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 107

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3469: Which should he do first – go for Hajj or pay off his father’s debt? Question: Which takes priority, doing the obligatory (first) Hajj, or paying off one’s father’s debt? Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, and he answered as follows: Praise be to Allaah, Lord of the worlds, and peace and blessings be upon our Prophet Muhammad and upon his family and companions, and upon those who follow them in truth until the Day of Judgement. The obligatory Hajj comes first, because he is not obliged to pay off his father’s debts, but if the father left anything behind, this should be used to pay off the debts. If he did not leave anything, then the matter is up to Allaah. The son should rest assured that if the father took money from people with the intention of paying it back, then Allaah will see to it that it is paid back to the one who lent it, so he should not feel anxious or guilty. In conclusion, therefore, he should do his Hajj because he is able to. And Allaah knows best. Shaykh Muhammad ibn Saalih al-‘Uthaymeen (www.islam-qa.com) 6362: Paying a debt with a check which the vendor has not yet cashed Question: I bought some merchandise from a company and I paid 108

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them by acheque It has been so long now and they never cashed it,and the cheque is void by now anyways. Do I still owe them the money or it is their fault for not cashing the cheque and taking the money. Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah preserve him), who answered as follows: Yes, you are still in debt to them, because when they did not cash the cheque, the money stayed in your account at the bank. You are in debt to them because the check is merely an instruction to the bank to transfer the money. And Allaah knows best. Shaykh Muhammad ibn Saalih al-‘Uthaymeen (www.islam-qa.com) 5980: He has a debt for something haraam – should he repay it? Question: Is it permissable for someone to repay a debt on something that was haram? jazakallah khairyn. Answer: Praise be to Allaah. 109

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He should look at this forbidden thing and if the transaction was with a Muslim, then it is not permissible for him to pay the debt, because when Allaah forbids a thing He also forbids its price, and because whatever it is forbidden to sell in Islam has no price. The Prophet (peace and blessings of Allaah be upon him) forbade the price of a dog and said: “If he comes asking for its price, then fill his palm with dust.” This is reported in Al-Saheeh from the hadeeth of Ibn Abbaas. It was reported from Abu Mas’ood al-Ansaari (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) forbade the price of a dog, the earnings of a prostitute and the fee (hulwaan) of a fortune-teller (narrated by al-Bukhaari, 2083). The word hulwaan comes from the phrase “halawtuhu hulwaanan”, meaning “I gave it to him”; the root of this word is al-halaawah (meaning “sweet”) and it is likened to something sweet because he takes the money so easily, without having to work hard or make any effort… Hulwaan also means “bribe.” But if a person is forced to repay the debt, then in this case he should pay it whilst seeking the forgiveness of Allaah and repenting to Him for buying haraam things, whether from a Muslim or anyone else. If the transaction was with a non-Muslim in whose religion the thing he sold is not viewed as forbidden, then the debt has to be paid whilst also repenting. The Muslim has to avoid dealing in things that Allaah has forbidden. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)

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5979: Too much debt Question: I have indebted myself to the point to where I cannot remember all the people I owe money or the amounts. What do I do to solve or make expiation, and when will I be able to make Hajj and the debt not cause it to be rejected? Jazakallah Khairyn Answer: Praise be to Allaah. There are two aspects to this question. Firstly: what can you do to solve this problem? Secondly: when can you go for Hajj without the debts leading to your Hajj being rejected? With regard to the first issue: try to pay off your debts to the people you know about. Whoever asks you to pay back the debt and has proof that you owe him, or you can remember that you owe him, pay him back. If you know that you owe somebody and how much you owe him, but you cannot find him, or you know the amount you owe but you do not know to whom it is owed, then give that amount in charity on that person’s behalf. If he comes along later, give him the choice between approving of the charity and gaining the reward for it, or asking you to pay him back, in which case the reward (for giving charity) will be yours. With regard to the second issue: if you want to go for 111

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Hajj, then you can either pay off your debts, especially those where you know how much is owed to whom, or you can ask for their permission and then go for Hajj. May Allaah help you and make it easy for you to pay off your debts and fulfil your duties. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 5345: People borrow things and do not return them. What to do? Question: There is a very bad situation here were people in the community are neither keeping thier trust nor keeping to thier word. Alhumdillah my husband works and Mashallah has a very kind heart and when people ask him for either money or to borrow our books (islamic which are not cheap) the brothers (who all most all of them do not work and count on the government to provide for them), do not pay him back, or they may pass on his books to other brothers with out my husbands knowledege, My husband is far to busy to be trying to round up all of these amenis and also he finds it hard to ask. I feel like asking the brothers when they call up to return our things but my husband would not like this nor really do I feel that it is right however what should we do? Answer: Praise be to Allaah.

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Know that Allaah will never cause the reward of anyone who does a good deed to be lost, and al-qard al-hasan (a goodly loan lent for the sake of Allaah) is the best type of deed that will bring a person closer to Allaah. But if your husband knows that a particular person will not fulfil a trust or will take a long time to repay a loan, there is no sin on him if he declines to lend him money or books. But if a person is in difficulty and has no money, it is better to give him more time and treat him with kindness. Allaah says (interpretation of the meaning): “And if the debtor is in a hard time (has no money), then grant him time till it is easy for him to repay…” [alBaqarah 2:280]. If you ask for your husband’s rights, or if he asks for them himself, there is no sin on him for that, because it is his due, but he should be kind and considerate. The Prophet (peace and blessings of Allaah be upon him) said: “A man died and it was said to him: ‘What did you used to say (do, i.e., in your lifetime)?’ He said: ‘I used to engage in business with people, and I used to give the rich time to repay their debts and I used to deduct part of the debt for the poor’. So he was forgiven.” (Reported by al-Bukhaari, no 2216). The person who borrows something has to give it back. 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 reported from Abu Hurayrah (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Whoever takes people’s money with the intention of repaying it, Allaah 113

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will help him to repay it; whoever takes people’s money with the intention of wasting it, Allaah will destroy him.” (Al-Bukhaari, 2212). Know that nothing is lost with Allaah, and that you will get back what you have lost in this world. You will receive hasanaat (good deeds) on the Day of Resurrection when people will be most in need of hasanaat. And Allaah is the source of strength. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 4693: Giving charity on behalf of others Question: A number of years ago I took one hundred Saudi riyaals from each of a number of colleagues. Later on I travelled to another region and forgot these colleagues, and they forgot me. Now I do not know where they are. What should I do about the money I owe them? Please tell me, may Allaah reward you. Answer: Praise be to Allaah. If the case is as you describe in your question, and you have forgotten the person who lent you one hundred Riyaals, then what is prescribed in Islam is that you should give an equivalent amount in charity on their behalf. When you remember any of them, then pay him what you owe him, unless he accepts the fact that you gave charity on his behalf. This will clear you of debt and bring reward to you and to them. 114

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Shaykh Ibn Baaz (may Allaah have mercy on him). Fataawa Islamiyyah, 3/10 (www.islam-qa.com) 3674: He has repented but he still owes money for music tapes Question: Assalamu Alaykum wa rahmatu ‘llah, Alhamdu lillah who is guiding me towards repentence from listening to music. My problem is that I purchased many CD’s from a company a while back and I have not paid the m yet, and the company is asking me for payment now, and I can not return the CD’s anymore. I know that it is haram for me to sell those CD’s to make a profit, in this case is it permissible for me to sell those CD’s to the Kuffar and get just enough money to pay the company I bought them from? If not what should I do? Jazakum Allah Khairan ya shaikh, and may Allah reward you for your efforts as well as all your helpers. Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn al‘Uthaymeen, may Allaah preserve him: “In the name of Allaah, Most Gracious, Most Merciful. Praise be to Allaah, Lord of the Worlds, and peace and blessings be upon our Prophet Muhammad and upon all his family and companions. What you must do now is to erase the songs from the tapes and return the tapes or pay the value of the empty tapes, because the tapes themselves are worth something, and it is only the songs that are 115

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haraam. You have two options: either erase the songs and return the tapes, or erase the songs and give them money equivalent to the value of the empty tapes.” If you cannot return the tapes, then pay them the cost of the empty tapes. If you cannot erase the songs, then just destroy the tapes. Do not sell them to a kaafir with the songs still recorded on them. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 2806: If one can’t find the lender in order to repay a debt, what should one do? Question: As-Salaamu-Alaikum. Many years ago I had borrowed a certain amount of money from a friend when I was working in a foreign country. I could not repay that amount at that time. Now I have no way of contacting or even locating that person to repay the loan and it seems that I will never be able to locate him. I have seen in ahadeeth how important it is to repay a debt. This is a great burden on me and I keep praying to Allah to help me in repaying it. If I am unable to find this gentleman how can I ever lighten this burden? The other thing in this scenario is that money gets devalued over years and the amount of money if returned now will have a lesser value. Is it enough to repay the exact amount or add to it taking into consideration the devaluation of the currency. Please advise me because this is one of the problems I am unable to solve and causing me great stress. May Allah reward you. 116

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Answer: Praise be to Allaah. If the currency in which you borrowed the money still has value, then you should repay the same amount. If you have tried to find the person without success, then give the same amount in charity on his behalf, and Allaah will ensure that the reward reaches him, for He knows the hearts of His slaves and He is Able to do all things. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 58: Borrowing money from one whose income comprises haram money Question: Is one allowed to borrow money from some one works in a restaurant which sells haram things? If he borrowed this money already what is the hukm? Answer: Yes, it is permissable for a Muslim to borrow from someone in such a situation. The daleel (evidence) for this is that the Prophet (peace be upon him) borrowed from the Jews and they were dealing in riba. Furthermore, in most cases, such a person’s income is not totally haram, because it is a mix of earnings gained by selling both halal and haram items. However, you should advise him and clarify to him the Islamic ruling on what he is doing. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 117

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Chapter 5 Transactions Felonies: General 40269: Husband forcing his wife to abort a pregnancy Question: What is the ruling on a husband who tries to make his wife abort against her wishes in the second month of pregnancy because he wants to divorce her, by giving her medicine that will cause that to happen, even though he did not manage to bring about an abortion? Is that halaal or haraam? What is the expiation for doing that?.

Answer: Praise be to Allaah. Aborting a pregnancy is not permissible, whether the soul has been breathed into the embryo or not, but if that is after the soul has been breathed in, the prohibition is more emphatic. If a husband tells his wife to abort a pregnancy, it is not permissible for her to obey him. Shaykh Muhammad ibn Ibraaheem (may Allaah have mercy on him) said: Trying to abort a pregnancy is not permissible if it is not proven that the foetus has died; if that is proven then it is permissible. 118

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Majmoo’ Fataawa al-Shaykh Ibn Ibraaheem, 11/151 Shaykh Saalih al-Fawzaan (may Allaah preserve him) said: Firstly: It is not permissible to abort a pregnancy. Once pregnancy is discovered, it must be protected and it is haraam for the mother to harm the pregnancy or disturb it in any way, because it is a trust that Allaah has placed in her womb and it has rights, so it is not permissible to mistreat it, harm it or destroy it. The shar’i evidence indicates that it is haraam to abort a pregnancy. The fact that a baby cannot be born without an operation is no excuse for abortion; many women only give birth by means of an operation (i.e., caesarian), so this is no excuse for aborting the pregnancy. Secondly: If the soul has been breathed into the foetus and it has started to move, then it is aborted after that and it dies, then (the woman) is regarded as having killed a soul and she is obliged to offer expiation by freeing a slave; if that is not possible, then she must fast for two consecutive months in repentance to Allaah. That is if four months of pregnancy have passed, because in that case the soul has been breathed into the foetus. If it is aborted after that, then kafaarah (expiation) as described must be offered. This is a serious matter which cannot be taken lightly. If a woman cannot bear a pregnancy for reasons of sickness, then she has to take medication to prevent getting pregnant in the first place; she may take contraceptive pills to delay getting pregnant for a while, until she regains her health and strength. Al-Muntaqa, 5/301-302 119

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Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) was asked about a man who said to his wife: “Abort what is in your womb and the sin will be on me.” If she does that and listens to him, what expiation will they have to offer? He replied: If she does that, then they both have to offer expiation by freeing a believing slave; if that is not possible then they have to fast for two consecutive months and they have to give a male or female slave to the heir that did not take part in the killing, and not to the father, because the father is the one who ordered that he be killed, so he does not deserve anything. “A male or female slave” is the diyah (blood money) for the foetus, i.e., the value of a male or female slave, which the scholars stated is equivalent to one-tenth of the diyah for his mother. We have already discussed the ruling on abortion in more than one answer. Please see questions no. 13317, 42321, 12733. With regard to the expiation for that, because the pregnancy was in the second month or before the soul had been breathed into the foetus, and the abortion did not take place, then no expiation is required. But what is required is repentance to Allaah from this haraam action. And Allaah knows best. Islam Q&A (www.islam-qa.com) 13317: Abortion of pregnancy resulting from rape Question: What can those Muslim women do who have been 120

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assaulted and become pregnant as a result of rape? Is it permissible for them to abort the foetus or not? Answer: Praise be to Allaah. Because the Muslims have become so weak and humiliated, they, along with their lands and their honour, have become fair game for anyone; the nations call one another to attack them from all sides. Many Muslim women have often become a target for the scavenging wolves of humanity, who do not fear Allaah or any deterrent, as is the case in many countries in the Muslim world, and as has happened in Bosnia and Herzegovina, in the Philippines, in Chechnya, in Eritrea, and in the prisons of some of the contemptible systems of the Arab world. There follow some important points concerning the woman who has been raped: 1 – The raped woman who did her utmost to resist these thugs and their ilk is not guilty of any sin, because she was forced into it, and the one who is forced to do something is not guilty of sin in the case of kufr, which is worse than zinaa (unlawful sexual activity), as Allaah says (interpretation of the meaning): “except him who is forced thereto and whose heart is at rest with Faith…” [al-Nahl 16:106] The Prophet (peace and blessings of Allaah be upon him) said: “Allaah has forgiven for my ummah for their mistakes, what they forget and what they are forced to do.” (Narrated by Ibn Maajah in al-Talaaq, 2033; classed 121

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as saheeh by al-Albaani in Saheeh Sunan Ibn Maajah, 1664). The Muslim woman who has fallen prey to a rapist will be rewarded for bearing this calamity with patience, if she seeks reward with Allaah for the harm that has befallen her. The Prophet (peace and blessings of Allaah be upon him) said: “No stress or exhaustion befalls the Muslim, nor worry or distress, even a thorn which pricks him, but Allaah will expiate for his sins because of that.” (Narrated by al-Bukhaari and Muslim). 2 – Young Muslim men should hasten to marry women such as these who have been tormented, so as to reduce their suffering and console them, to compensate them for the loss of the most precious thing that they possess, which is their virginity. 3 – With regard to their having abortions – the basic principle concerning abortion is that it is haraam and is not allowed from the moment of conception when it becomes a new being and is “placed in a place of safety” [cf. al-Mursalaat 77:21], i.e., the womb, even if this being is the result of a haraam relationship such as zinaa. In the case of the Ghaamidi woman who had confessed to zina and thus the punishment of stoning became obligatory, the Messenger (peace and blessings of Allaah be upon him) told her to go away until after she had given birth, then after she had given birth, he told her to go away until the child was weaned. 4 – There are some fuqahaa’ who think that it is permissible to have an abortion within the first forty days of pregnancy. Some of them even permit it until before the soul is breathed into the embryo. The stronger the excuse, the clearer the reason for the concession is, and if that is within the first forty days it is, this means that the concession is more appropriate. 122

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5 – Undoubtedly the rape of a Muslim woman by an evil enemy is a strong reason for the Muslim woman and for her family to have an abortion. For she will hate this foetus, the result of this iniquitous attack, and she will want to get rid of it. So this concession is to be given because of necessity, especially in the first days of the pregnancy. 6 – Nevertheless, there is nothing wrong with a Muslim woman who has suffered this disaster keeping the foetus without being forced to get rid of it. If it is decreed that it should remain in her womb for the usual term and she gives birth to it, then it will be a Muslim child, as the Prophet (peace and blessings of Allaah be upon him) said: “Every newborn is born in a state of fitrah (the natural state of man, i.e., Islam).” (Narrated by al-Bukhaari). The fitrah is the religion of Tawheed, i.e., Islam. It has been stated in fiqh that if the parents have different religions, the child should follow the parent who has the best religion. This is in cases where the father is known, but what about the child who has no father? He is a Muslim child, no doubt, and the Muslim society is obliged to take care of his upbringing, to spend on him and to bring him up well. They should not leave the burden to his poor, suffering mother. One of the basic principles of Islam is to relieve distress and hardship, so if a Muslim girl who is keen to remain chaste is exposed to bestial aggression and fears the effect that this may have on her reputation or her honour, or fears that she may be an outcast or that she may be subjected to harm such as being killed, or she fears that she may suffer psychological or nervous diseases, or that her sanity may be affected, or that shame may be brought upon her family for a matter in which she is not guilty of any sin, or that the child will not find any place of safety, then I say: that if this is the case, there is nothing wrong 123

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with her aborting the foetus before the soul is breathed into it, especially when it has become easy for a woman to find out if she is pregnant or not, with the advance of medical means of detecting pregnancy in the first week. The earlier the abortion is carried out, the more appropriate this concession is. And Allaah knows best. From Ahkaam al-Janeen fi’l-Fiqh al-Islaami by ‘Umar ibn Muhammad ibn Ibraaheem Ghaanim (www.islam-qa.com) 12475: Rulings to do with abortion Question: I would like to know the rulings that have to do with abortion of the foetus at various stages. Answer: Praise be to Allaah. Firstly: We have already stated in the answer to question no. 42321 the ruling on abortion. Please refer to this information. Secondly: With regard to the rulings following an abortion, they vary according to the time of the abortion, and fall into four categories, as follows: 1 – If the pregnancy is aborted within the first two stages (the nutfah (drop) stage which results from the mixing of the “two waters” which is the first forty days after the 124

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embryo attaches itself in the womb, and the ‘alaqah (clot) stage where it turns into solid blood during the second forty days), which add up to a total of eighty days, then in this case if it is aborted as a nutfah or ‘alaqah, there are no rulings to be followed, and there is no scholarly dispute on this point. The woman should continue to fast and pray as if she had not had an abortion, but she has to do wudoo’ for each prayer if she has any bleeding, as in the case of a woman suffering from istihaadah (non-menstrual vaginal bleeding). 2 – If the pregnancy is aborted in the third stage, the mudghah (chewed piece of flesh) stage, when the embryo looks like a piece of meat with the limbs and features beginning to appear, which lasts for forty days from the eighty-first to the one hundred and twentieth day, then there are two scenarios: (i) This embryo does not have any human features and the midwives or other attendants did not testify that this was the beginning of a human being. In this case the ruling on abortion of this mudghah is the same as the ruling on abortion in the first two stages, and there are no rulings to be followed. (ii) The embryo has complete human features or some human features such as a hand or foot, etc, or there are features but they are indistinct, or the midwives or other attendants testified that this was the beginning of a human being. In this case the rulings on nifaas are to be followed, and this signals the end of ‘iddah (waiting period following divorce or death of the husband, if applicable). 3 – If the pregnancy is aborted in the fourth stage, i.e., after the soul has been breathed into the foetus, which is after the beginning of the fifth month or after one hundred and twenty days of pregnancy have passed. Here there are two scenarios: 125

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(i) If the foetus did not cry after birth, then the rulings mentioned with regard to the second stage of the mudghah are to be followed, but in addition the foetus should be washed, shrouded and the funeral prayer offered for him; he should be given a name and the ‘aqeeqah offered for him. (ii) If the foetus cried after birth, then the rulings concerning a full-term baby apply, as mentioned above; in addition the child may take possession of wealth bequeathed or inherited; he may inherit or be inherited from, etc. Fataawa al-Lajnah al-Daa’imah, 21/434-438. Islam Q&A (www.islam-qa.com) 12289: Ruling on aborting a deformed foetus Question: A woman is pregnant and has had several scans, which show that there are deformities in the foetus. Is it permissible to abort it?. Answer: Praise be to Allaah. Firstly: We have already stated in the answer to question no. 12811 the ruling on aborting a foetus that is physically deformed, and that this is permissible before the soul is breathed into the foetus, i.e., before 120 days of pregnancy have passed. This is allowed after exhausting all possible 126

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means of treating the problem. But after the soul has been breathed into the foetus it is not permissible to abort it because of deformity. The parents have to be patient and accept the will and decree of Allaah, and remember the words of Allaah (interpretation of the meaning): “and it may be that you dislike a thing which is good for you and that you like a thing which is bad for you. Allaah knows but you do not know” [al-Baqarah 2:216] “it may be that you dislike a thing and Allaah brings through it a great deal of good” [al-Nisa’ 4:19] And the Prophet (peace and blessings of Allaah be upon him) said: “How wonderful is the affair of the believer, for all his affairs are good, and that applies to no one but the believer. If something good happens to him he gives thanks and that is good for him, and if something bad happens to him he bears it with patience and that is good for him.” Narrated by Muslim, 2999. Secondly: Here we will add something from a fatwa of the Standing Committee concerning this matter. The Standing Committee was asked about aborting a pregnancy in the fifth month, after scans proved that the foetus was deformed and the top of the skull was absent. They replied: It is not permissible to abort the foetus because of the deformity mentioned in the question. Allaah may heal the 127

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foetus during the remainder of the pregnancy, and it may be born normal and healthy, as has happened to many people. Fataawa al-Lajnah al-Daa’imah, 21/440. They were also asked about a pregnant woman who was treated for cancer with radiotherapy, which would affect the foetus and cause it to be born deformed – is it permissible to abort it? They replied: It is not permissible to abort the foetus which it is feared may be deformed. Rather the matter should be left to the will of Allaah; it may be free of deformity. Fataawa al-Lajnah al-Daa’imah, 21/249. They were also asked about a woman in the fifth month of pregnancy; scans had shown the presence of several deformities in the foetus which made the doctors sure that it would die after birth. These deformities were as follows: a deformity in the heart, a severe deformity of the spinal cord and spinal column, the size of the head is very small, there is a large sac between the head and body that is bigger than the head, the intestines are outside the abdominal cavity, and there is a deformity in the brain. Is it permissible to abort it? They replied: After studying the question, the Committee replied that it is not permissible to abort this pregnancy, because often the doctor’s reports are speculative, and the basic principle is that the foetus must be respected and it is forbidden to abort it, because Allaah may make the foetus whole during the remainder of the pregnancy, so it may be born free of the things that the doctors mentioned, even if what they 128

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said was correct. We must think positively of Allaah and ask Him to heal him and make him whole, and to cause him to be born healthy. His parents have to fear Allaah and ask Him to heal him from all ills and to delight them with a healthy child. The Prophet (peace and blessings of Allaah be upon him) said: “Allaah says: ‘I am as My slave thinks I am.’” Fataawa al-Lajnah al-Daa’imah, 21/250251. They were also asked about a woman in the fifth month of pregnancy, whose foetus has some deformities which expose the mother’s life to danger. Is it permissible to abort it? They replied: After studying the question, the Committee replied that if the situation is as described, and continuation of the pregnancy to full term will result in danger to the mother’s life, then there is nothing wrong with aborting the pregnancy before it reaches full term, in order to protect the mother’s life. But if the abortion is because of the deformities only, then it is not permissible to abort the pregnancy. Fataawa al-Lajnah al-Daa’imah, 21/452. Islam Q&A (www.islam-qa.com) 11875: She had an abortion in the second month; does she have to offer any expiation? Question: I have five children, praise be to Allaah. Allaah decreed that I should conceive a sixth child, but I took some pills to abort it, approximately one and a half months after 129

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conception, and it was aborted. Now I greatly regret what I did. What should I do? Do I have to offer any expiation?. Answer: Praise be to Allaah. The basic principle is that it is not permissible to abort a woman’s pregnancy at any stage except for a legitimate shar’i reason. If the pregnancy is still a nutfah (drop), i.e., forty days or less, and if aborting it will serve a shar’i interest or ward off some harm that may affect the mother, it is permissible to abort it in this case. That does not include fears of hardship incurred by raising children or not being able to pay their expenses or to educate them, or being content with a certain number of children, or other excuses that are not acceptable according to sharee’ah. But if the pregnancy has lasted for more than forty days, it is haraam to abort it, because after forty days it becomes an ‘alaqah (clot) which is the beginning of a person. It is not permissible to abort it after it reaches this stage, unless a trustworthy council of doctors agrees that continuing the pregnancy poses a threat to the life of the mother, and there is the fear that she may die if the pregnancy continues. Therefore your aborting the pregnancy after one and a half months on the basis of your own justification means that you committed a forbidden action, so you have to repent sincerely from that and not do such a thing again in the future. Fataawa al-Lajnah al-Daa’imah, 21/450. Secondly: With regard to expiation, no expiation is required of you, because expiation is only required for abortion of a foetus 130

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into whom the soul has been breathed, which is after one hundred and twenty days have passed since conception. It says in Fataawa al-Lajnah al-Daa’imah (21/434): If the soul had been breathed into the foetus that was aborted, i.e., four or more months had passed, then expiation must be offered, which is to free a believing slave; if that is not possible then you have to fast for two consecutive months. If the soul had not yet been breathed into the foetus then it was a sin to abort the foetus, but no expiation is required. Rather what is required is repentance and praying for forgiveness. Islam Q&A (www.islam-qa.com) 48996: Her husband is going to divorce her and she is in the early stages of pregnancy. Can she have an abortion? Question: My husband and I have a lot of problems, and we are about to separate. Then I found out that I am pregnant, in the first forty days of pregnancy. Is it permissible for me to abort this foetus without my husband’s permission, because he will not be pleased with that? If we are going to separate, why should I remain pregnant?. Answer: Praise be to Allaah. I asked our Shaykh ‘Abd al-Rahmaan al-Barraak about this question and he replied: It is not permissible for her to have an abortion without 131

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her husband’s permission, because the husband has a right concerning the child just as the wife does. Islam Q&A (www.islam-qa.com) 33683: Blood-money and expiation must be paid if one kills a kaafir who is protected by sharee’ah Question: I work in a Muslim country, and I struck one of the kaafirs who came to work here with my car, and he died. I did not do that deliberately. Do I have to offer kafaarah (expiation) or not?. Answer: Praise be to Allaah. Yes, you have to offer expiation, and also pay the diyah (blood money) which must be given to his family. The evidence for that is the verse in which Allaah says (interpretation of the meaning): “It is not for a believer to kill a believer except (that it be) by mistake; and whosoever kills a believer by mistake, (it is ordained that) he must set free a believing slave and a compensation (blood money, i.e. Diya) be given to the deceased’s family unless they remit it. If the deceased belonged to a people at war with you and he was a believer, the freeing of a believing slave (is prescribed); and if he belonged to a people with whom you have a treaty of mutual alliance, compensation (blood money — Diya) must be paid to his family, and a believing slave 132

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must be freed. And whoso finds this (the penance of freeing a slave) beyond his means, he must fast for two consecutive months in order to seek repentance from Allaah. And Allaah is Ever AllKnowing, AllWise” [alNisa’ 4:92] The majority of scholars are of the view that expiation must be offered by one who kills a kaafir who is protected by sharee’ah. The kaafirs who are protected by sharee’ah are of three types: 1 – Al-dhimmi. This is one with whom we have a contract or treaty of al-dhimmah (i.e., one who lives in a Muslim state) 2 – Al-mu’aahad. This is one with whose people we have a peace treaty. 2 – Al-musta’man. This is one who has entered the Muslim land and has been guaranteed safety, such as those who come to do business, to work, to visit relatives, and so on. Whoever kills a kaafir who is protected by sharee’ah has to do two things: 1 – Diyah (blood-money). He has to pay the diyah to the family of the deceased. This applies so long as his family are not muhaaribeen (i.e., belong to a people who are at war with the Muslim state). If his family are muhaaribeen, then they do not deserve the diyah, because their wealth and their blood are not sacred. Tafseer al-Sa’di, p. 277. 2 – Kafaarah (expiation). This is the view of the majority. Ibn Qudaamah said in al-Mughni, 12/224: (Expiation) must be offered for killing a kaafir who is 133

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protected by sharee’ah, whether he was a dhimmi or musta’man. This is the view of the majority of scholars. Al-Hasan and Maalik said that no expiation is to be offered, because Allaah says (interpretation of the meaning): “and whosoever kills a believer by mistake, (it is ordained that) he must set free a believing slave” [al-Nisa’ 4:92] So their understanding was that no expiation is required for a non-believer. But we note that Allaah says (interpretation of the meaning): “and if he belonged to a people with whom you have a treaty of mutual alliance, compensation (blood money — Diyha) must be paid to his family, and a believing slave must be freed” [al-Nisa’ 4:92] A dhimmi comes under the same category as those mentioned here, and this is what may be understood from this verse. And because he is a human being who was killed wrongfully, so expiation must be offered for killing him, as in the case of a Muslim. End of quote. This view was favoured by a number of mufassireen, such as al-Tabari (9/43); al-Qurtubi (5/325); Ibn Katheer (2/ 376). Ibn Jareer al-Tabari said (9/40-43): Then the commentators differed concerning the description of the victim who belonged to a people with 134

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whom we have a treaty of mutual alliance – is he a believer or a kaafir? Some of them said, he is a kaafir but his killer has to pay the diyah (blood money), because he and his people have a treaty, so the diyah must be paid to his people because of the treaty between them and the believers; this is wealth that belongs to them and it is not permissible for the believers to take any of their wealth unless they give it willingly… Then al-Tabari said: The better of the two views on the meaning of this verse is the view of those who said: what is meant by that is the victim from among ahl al-‘ahd [those with whom the Muslims have a treaty], because the verse is ambiguous, as it says, “and if he belonged to a people with whom you have a treaty of mutual alliance”, and it does not say, “and he is a believer,” as it says with regard to the case of one who was slain and was a believer and belonged to a people at war with the Muslims… The fact that it does not describe this person as a believer, as it does in the case of the two types mentioned previously, clearly indicates that what we are saying is correct. It was narrated that Ibn ‘Abbaas said concerning the phrase “and if he belonged to a people with whom you have a treaty of mutual alliance”: If he was a kaafir who was under your protection and was killed, then his killer has to pay the diyah to his family, and set free a believing slave, or fast for two consecutive months. This view was also favoured by Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) in his commentary on Soorat al-Nisa’, tape no. 27, side 2. And Allaah knows best. Islam Q&A (www.islam-qa.com) 135

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39502: A vehicle overturned in front of him and he hit it, and two people died Question: I was driving my car at a speed of 80 kph, which is less than the speed limit for that type of road, a two-lane coastal highway. Suddenly a bus came in the opposite direction, crossed the central reservation and overturned in front of me. I hit it straightaway because I could not avoid it, as it came out so suddenly. Two of the bus passengers died, and when I asked the passengers who were rescued from the accident they told me that the driver of the bus was not the original driver and he did not have a licence. My question is: do I have to offer expiation or pay the diyah (blood money) or not?. Answer: Praise be to Allaah. If the matter is as you say, and you were travelling under the speed limit, and you were unable to avoid hitting the bus, because it came out so suddenly and overturned in front of you, then there is no blame on you and you do not have to pay the diyah or offer any expiation, because you did not break the rules and you were not negligent. Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked about a person whose car overturned, and his father who was travelling with him died – does he have to offer any expiation? He said: It is essential to determine the cause of the accident; if it was caused by negligence or breaking the rules, then he has to pay the diyah and offer expiation. If 136

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it was not caused by breaking the rules or negligence on his part them he does not have to do anything. Fataawa Islamiyyah, 3/357. The Standing Committee was asked a similar question and replied: If the driver was negligent or there is a reason that caused the accident such as his breaking the rules or driving too fast, or he was drowsy and so on, or he was negligent in checking his car or neglected some safety precaution, then he has to offer the expiation for killing, which is freeing a believing slave; if he cannot do that then he has to fast for two consecutive months as an act of repentance to Allaah. If he did not cause the accident in any way, then he does not have to do anything. Fataawa Islamiyyah, 2/356 It says in a report of the Islamic Fiqh Council, issued during its eighth conference in 1414 AH (1993 CE) concerning situations in which a driver is exonerated of blame: (a) If the accident happened as the result of reasons beyond his control, and he was unable to avoid it; this includes anything that is beyond man’s control. (b) If it was mostly caused by the one who was harmed. Majallat al-Majma’ al-Fiqhi, issue no 8, part 2, p. 372. This applies in your case. And Allaah knows best. Islam Q&A (www.islam-qa.com) 137

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42321: Ruling on aborting a pregnancy in the early stages Question: What is the ruling on aborting a pregnancy in the early months (1-3) before the soul is breathed into the foetus?. Answer: Praise be to Allaah. The Council of Senior Scholars issued the following statement: 1 – It is not permissible to abort a pregnancy at any stage unless there is a legitimate reason, and within very precise limits. 2 – If the pregnancy is in the first stage, which is a period of forty days, and aborting it serves a legitimate purpose or will ward off harm, then it is permissible to abort it. But aborting it at this stage for fear of the difficulty of raising children or of being unable to bear the costs of maintaining and educating them, or for fear for their future or because the couple feel that they have enough children – this is not permissible. 3 – It is not permissible to abort a pregnancy when it is an ‘alaqah (clot) or mudghah (chewed lump of flesh) (which are the second and third periods of forty days each) until a trustworthy medical committee has decided that continuing the pregnancy poses a threat to the mother’s wellbeing, in that there is the fear that she will die if the pregnancy continues. It is permissible to abort it once all means of warding off that danger have been exhausted. 4 – After the third stage, and after four months have 138

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passed, it is not permissible to abort the pregnancy unless a group of trustworthy medical specialists decide that keeping the foetus in his mother’s womb will cause her death, and that should only be done after all means of keeping the foetus alive have been exhausted. A concession is made allowing abortion in this case so as to ward off the greater of two evils and to serve the greater of two interests. Al-Fataawa al-Jaami’ah, 3/1056 (www.islam-qa.com) 8894: Should we forgive the kuffaar if they harm us? Question: What is the ruling on forgiving kufaar if they talk bad about us behind our back, or do something to us like put a dent in our car. The normal rule I know is to forgive the ignorant when they do these things, but I read in Usoolus Sunnah (a book in english) that Imam Ahmad said “I forgive everyone except a mubtadi’” - so if he does not forgive a mubtadi’ then why should we forgive kufaar?. Answer: Praise be to Allaah. Firstly: Islam urges us to be tolerant and forgive others. This is indicated in both the Qur’aan and the Sunnah. Indeed, one of the features of Islam is that it is deen al-rahmah (the religion of mercy). By the same token the Muslim should be easy going, not one who puts others off; he 139

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should forgive when he is able to take revenge and be tolerant when people make mistakes. Allaah says (interpretation of the meaning): “Many of the people of the Scripture (Jews and Christians) wish that if they could turn you away as disbelievers after you have believed, out of envy from their ownselves, even after the truth (that Muhammad is Allaah’s Messenger) has become manifest unto them. But forgive and overlook, till Allaah brings His Command. Verily, Allaah is Able to do all things” [al-Baqarah 2:109] “So, because of their breach of their covenant, We cursed them and made their hearts grow hard. They change the words from their (right) places and have abandoned a good part of the Message that was sent to them. And you will not cease to discover deceit in them, except a few of them. But forgive them and overlook (their misdeeds). Verily, Allaah loves AlMuhsinoon (gooddoers” [al-Maa’idah 5:13] “O you who believe! Verily, among your wives and your children there are enemies for you (who may stop you from the obedience of Allaah); therefore beware of them! But if you pardon (them) and overlook, and forgive (their faults), then verily, Allaah is OftForgiving, Most Merciful” [al-Taghaabun 64:14] So this forgiveness of the kaafirs should be for the sake of seeking reward with Allaah and softening the hearts of the kaafirs to the idea of entering the religion of Allaah. This is a kind of gentleness and tolerance that is encouraged and is aimed at achieving great things, namely reward from Allaah and encouraging the kaafirs to enter 140

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the religion of Islam. For the attitude of the Muslims conquered the hearts of many of the mushrikeen before the Muslims’ swords and cavalry conquered their strongholds, and they entered the religion of Allaah in crowds, seeking whatever it was in this religion that created such a good attitude in its people. Allaah says concerning this (interpretation of the meaning): “And by the Mercy of Allaah, you dealt with them gently. And had you been severe and harshhearted, they would have broken away from about you; so pass over (their faults), and ask (Allaah’s) forgiveness for them; and consult them in the affairs. Then when you have taken a decision, put your trust in Allaah, certainly, Allaah loves those who put their trust (in Him)” [Aal ‘Imraan 3:159] The mercy, kindness and gentleness of the Messenger of Allaah (peace and blessings of Allaah be upon him) was the reason why people entered the religion of Allaah. If the Messenger of Allaah (peace and blessings of Allaah be upon him) had not been so kind and gentle, he would have put off the people around him, and they would have left him and not believed in his message. It was narrated from ‘Urwah ibn al-Zubayr that ‘Aa’ishah (may Allaah be pleased with her), the wife of the Prophet (peace and blessings of Allaah be upon him) said: A group of Jews entered upon the Messenger of Allaah (peace and blessings of Allaah be upon him) and said, “Al-saam ‘alaykum.” (al-saam means death). ‘Aa’ishah said: “I understood them, and said, ‘Wa ‘alaykum al-saam wa’lla’nah (and upon you be death and curses).’ But the Messenger of Allaah (peace and blessings of Allaah be upon him) said, ‘Wait, O ‘Aa’ishah, for Allaah loves 141

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kindness in all things.’ I said, ‘O Messenger of Allaah, did you not hear what they said?’ The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘I said, “Wa ‘alaykum (and also unto you).”’” Narrated by al-Bukhaari, 5678; Muslim, 2164 Ibn Hajar said, commenting on this hadeeth: Because the Jews at that time were people with whom the Muslims had a treaty, so it seems that this was for the purpose of maintaining harmony with them. Fath al-Baari, 11/43 Secondly: Allaah has given the Muslim permission, if aggression is committed against him, to settle the score, but He encourages him to forgive. Allaah says (interpretation of the meaning): “The recompense for an evil is an evil like thereof; but whoever forgives and makes reconciliation, his reward is with Allaah. Verily, He likes not the Zaalimoon (oppressors, polytheists, and wrongdoers). And indeed whosoever takes revenge after he has suffered wrong, for such there is no way (of blame) against them. 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. And verily, whosoever shows patience and forgives, that would truly be from the things recommended by Allaah” [al-Shoora 42:40-43] “Allaah does not like that the evil should be uttered in 142

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public except by him who has been wronged. And Allaah is Ever AllHearer, AllKnower” [al-Nisa’ 4:148] But we should note that the Muslim should forgive any wrong done to him by a kaafir in such a way that does not cause him humiliation, because the Muslim should be proud. Allaah has honoured him and he should feel proud of that and take that as his attitude, because if he is proud then Islam and all the Muslims are honoured. But if this forgiveness will lead to humiliation, then the Muslim has to settle the score. Concerning that Allaah says (interpretation of the meaning): “And those who, when an oppressive wrong is done to them, take revenge” [al-Shoora 42:39] Imam Ibn Rajab al-Hanbali said, commenting on this verse: With regard to the phrase “And those who, when an oppressive wrong is done to them, take revenge” – this does not contradict the idea of forgiveness, because taking revenge may mean demonstrating the ability to take revenge, then one may forgive after that, in which case forgiveness will come in a better context. Al-Nakha’i said concerning this verse: They do not like to be humiliated, so if they are in a position to settle the score, then they will forgive. Mujaahid said: They did not like for the believer to let himself be humiliated, which would lead the evildoers to feel contempt for him. If the believer is wronged, then he should show that he is able to take revenge, then he should forgive after that. Many of the salaf did that, including ‘Ata’, Qutaadah and others. Jaami’ al-‘Uloom wa’l-Hukam, 1/179 Hence forgiveness is not good in all cases, rather it may 143

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be blameworthy if it results in humiliation of the Muslim or encourages the aggressor even further, etc. Allaah has referred to that in the verse (interpretation of the meaning): “but whoever forgives and makes reconciliation, his reward is with Allaah” [al-Shoora 42:40]. Here Allaah states that forgiveness is only good if it is done for the sake of reconciliation; if it leads to bad consequences then it is not good. Hence the Muslim should look at which serves the greater interest – forgiveness or seeking revenge – and act accordingly. This will vary according to circumstances and the people involved. What Imam Ahmad said about forgiving everyone who causes harm except for an innovator (mubtadi’) is in accordance with this, because he thought that forgiving the followers of bid’ah would have bad consequences, which is that the people would be encouraged to follow innovation. So he stated clearly that innovators were not to be forgiven, as a way of putting people off from those innovations. Allaah says (interpretation of the meaning): “O you who believe! Whoever from among you turns back from his religion (Islam), Allaah will bring a people whom He will love and they will love Him; humble towards the believers, stern towards the disbelievers, fighting in the way of Allaah, and never fear of the blame of the blamers. That is the Grace of Allaah which He bestows on whom He wills. And Allaah is AllSufficient for His creatures’ needs, AllKnower” [al-Maa’idah 5:54] “Muhammad is the Messenger of Allaah. And those who 144

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are with him are severe against disbelievers, and merciful among themselves. You see them bowing and falling down prostrate (in prayer), seeking Bounty from Allaah and (His) Good Pleasure. The mark of them (i.e. of their Faith) is on their faces (foreheads) from the traces of prostration (during prayers). This is their description in the Tawraat (Torah). But their description in the Injeel (Gospel) is like a (sown) seed which sends forth its shoot, then makes it strong, and becomes thick and it stands straight on its stem, delighting the sowers, that He may enrage the disbelievers with them. Allaah has promised those among them who believe (i.e. all those who follow Islamic Monotheism, the religion of Prophet Muhammad till the Day of Resurrection) and do righteous good deeds, forgiveness and a mighty reward (i.e. Paradise)” [al-Fath 48:29] So the Muslim has the right to forgive with regard to things that have to do with him, i.e., his personal rights, but he does not have the right to remain silent when the sacred limits of Allaah are transgressed. It was narrated that ‘Aa’ishah (may Allaah be pleased with him) said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) was never given the choice between two things but he chose the easier of them, so long as it was not a sin. But if it was a sin he would be the furthest of the people from it. And the Messenger of Allaah (peace and blessings of Allaah be upon him) never took revenge for himself, unless the sacred limits of Allaah were transgressed, then he would take revenge for the sake of Allaah.” Narrated by al-Bukhaari, 3367; Muslim, 2327 Thirdly: It is permissible for a Muslim to refrain from taking 145

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revenge on a kaafir if the Muslim is in a weak position and is not strong. If he is weak then it is permissible for him not to fight. Allaah forbade the Muslims to fight at the beginning of Islam when they were weak and oppressed. Allaah says (interpretation of the meaning): “Truly, Allaah defends those who believe. Verily, Allaah likes not any treacherous ingrate to Allaah [those who disobey Allaah but obey Shaytaan (Satan)]” [al-Hajj 22:38] Imam al-Qurtubi said, commenting on this verse: It was narrated that this was revealed because of the believers whose numbers had increased in Makkah and they were being persecuted by the kuffaar. After some of them had migrated to Abyssinia, some of the believers in Makkah wanted to fight whomever they could of the kuffaar and to assassinate them, betray them and trick them. So this verse was revealed, in which Allaah promised to defend the believers, and He expressly forbade treachery and betrayal. Tafseer al-Qurtubi, 12/67 But when the Muslims grew stronger after having been weak, Allaah gave the believers permission to fight, as He said: “Permission to fight (against disbelievers) is given to those (believers) who are fought against, because they have been wronged; and surely, Allaah is Able to give them (believers) victory” [al-Hajj 22:39] Imam al-Qurtubi said, commenting on this verse: With regard to the phrase “Permission to fight (against 146

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disbelievers) is given to those (believers) who are fought against”. It was said that this is the explanation of the words “Truly, Allaah defends those who believe”, i.e., He wards off the plots of the kuffaar by allowing the Muslims to fight and by granting them victory. It implies that He gave permission to fight to those who were able to fight, as is indicated by the context. Al-Dahhaak said: The companions of the Messenger of Allaah (peace and blessings of Allaah be upon him) asked for permission to fight the kuffaar because they had persecuted them in Makkah, then Allaah revealed the words “Verily, Allaah likes not any treacherous ingrate to Allaah”. But after the Hijrah He revealed the words “Permission to fight (against disbelievers) is given to those (believers) who are fought against, because they have been wronged”, which abrogated everything in the Qur’aan about ignoring them and forgiving them. This is the first verse which was revealed about fighting. Ibn ‘Abbaas and Ibn Jubayr said: It was revealed when the Prophet (peace and blessings of Allaah be upon him) migrated to Madeenah. Al-Nasaa’i and al-Tirmidhi narrated that Ibn ‘Abbaas said: When the Prophet (peace and blessings of Allaah be upon him) was expelled from Makkah, Abu Bakr said, “They have expelled their Prophet, they will surely be destroyed.” Then Allaah revealed the words (interpretation of the meaning): “Permission to fight (against disbelievers) is given to those (believers) who are fought against, because they have been wronged; and surely, Allaah is Able to give them (believers) victory” [al-Hajj 22:39] Abu Bakr said: “Then I knew that there would be fighting.”

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Classed as saheeh by al-Albaani in Saheeh al-Tirmidhi, 2535 Tafseer al-Qurtubi, 12/68 Fourthly: The Muslim should give up his rights that a kaafir may have taken if insisting on his rights will result in a greater loss of his rights. The scholars mentioned that denouncing an evil action may be haraam if it will lead to a greater evil. I’laam al-Muwaqqi’een, 3/4 Examples of that in the matter under discussion include the following. If Muslims live in a land where the majority are kaafirs, if one of the Muslims is mistreated, insulted or beaten by them, and his taking revenge will leave to the kaafirs wreaking vengeance on him and on his Muslim brothers, then it is wise for him to keep quiet, in the hope that this will be in the interests of the Muslims in that land. And he should seek reward for that with the One with Whom no deed, great or small, is ever lost. But if he can repay this evil and manifest the honour of Islam and the Muslims without that leading to a greater harm from them, then he must ward off that wrongdoing and show pride in his religion, and humiliate kufr and its people. And Allaah knows best. Islam Q&A (www.islam-qa.com)

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10923: Murder is one of the greatest of major sins Question: I took part in a murder, but I was not caught for this crime. I want to expiate for my sin. Will Allaah accept my repentance without me having to hand myself in to the police? Answer: Praise be to Allaah. Murder (killing a person deliberately), if the victim is a believer, is one of the greatest of major sins, because Allaah says (interpretation of the meaning): “And whoever kills a believer intentionally, his recompense is Hell to abide therein; and the Wrath and the Curse of Allaah are upon him, and a great punishment is prepared for him” [al-Nisaa’ 493] And it was narrated that the Prophet (peace and blessings of Allaah be upon him) said: “A man will continue to be sound in his religion so long as he does not shed blood which it is forbidden to shed.” If you killed a believer deliberately, then there are three rights which are connected to that: the rights of Allaah, the rights of the victim and the rights of the victim’s next of kin. With regard to the rights of Allaah: if you repent sincerely to your Lord, then Allaah will accept your repentance, because He says (interpretation of the meaning): 149

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“Say: “O ‘Ibaadi (My slaves) who have transgressed against themselves (by committing evil deeds and sins)! Despair not of the Mercy of Allaah, verily, Allaah forgives all sins. Truly, He is OftForgiving, Most Merciful” [al-Zumar 39:53] With regard to the rights of the victim, he is not alive so you cannot put things right with him. The matter has to wait until the Day of Resurrection, i.e., the settling of scores with you on behalf of the victim will take place on the Day of Resurrection. But I hope that if your repentance is correct and is accepted by Allaah, then Allaah will compensate the victim with what He wills of His bounty until he is satisfied, and you will be reprieved. With regard to the rights of the victim’s next of kin, which is the third right, you cannot be absolved of this until you hand yourself over to them. Therefore you have to hand yourself over to the victim’s next of kin, and tell them that you are the one who killed him, then they have the choice. If they want to they can exact vengeance upon you, if the conditions of qasaas are met; or if they want to they may take the diyah (blood money) from you; or if they want to they can forgive you. From the fataawa of Shaykh ibn ‘Uthaymeen, Majallah al-Da’wah, no. 1789, p. 60 (www.islam-qa.com) 12118: Abortion of physically deformed foetus Question: Is it permissible to abort the foetus after medical tests have shown that it is physically deformed? 150

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Answer: Praise be to Allaah. There are many causes of deformity of the foetus, many of which could be avoided; one could protect oneself from them or reduce their effects. Islam and medicine both urge people to avoid the causes of disease and to protect themselves against it as much as possible. The teachings of Islam urge us to protect our health and to protect the foetus from many diseases which are caused by ignoring the teachings of Islam and falling into sin such as zinaa (unlawful sexual relationships), drinking alcohol, smoking, and taking drugs. Modern medicine also warns mothers of the imminent danger of taking some medications, or being exposed to x-rays or gamma rays, especially in the early days of pregnancy. If it is proven in a definitive fashion, beyond any doubt, by a trustworthy medical committee, that the foetus is deformed, and that this deformity cannot be treated by the specialists, then in my view it is permissible to abort it, in view of the difficulties it would face in life and the hardship this would present to the parents, and the burdens and responsibilities of care it would place on the society. These considerations and others prompted the Islamic Fiqh Committee of the Muslim World League in its 12th conference held in Makkah on 15 Rajab 1410 AH (10/2/ 1990 CE), to issue the statement that “it is permissible to abort a foetus which is deformed in the manner mentioned above, with the consent of the parents and within the first 120 days from the beginning of the pregnancy.” The decision of the committee was in accordance with the fatwa of the Standing Committee for Academic Research and Issuing Fatwas in the Kingdom of Saudi Arabia, no. 2484, issued on 16/7/1399 AH. 151

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But if the soul has been breathed into the foetus and it has completed 120 days, then it is not permissible to abort it, no matter what the deformity, unless continuation of the pregnancy would put the mother’s life in danger. This is because after the soul has been breathed into the foetus, it is considered to be a person who must be protected, regardless of whether it is free of disease or not, and regardless of whether there is hope of recovery or not. That is because Allaah has a reason for everything that He creates, which many people do not know, and He knows best what is right for His creation, as Allaah says (interpretation of the meaning): “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] In the birth of these deformed children there is a lesson for those who are of sound health, and it teaches us of the power of Allaah Who shows His creation the manifestations of His might and the wonders that He has created. Killing and aborting them is a purely materialistic view which pays no attention to matters of religion and morals. Perhaps the existence of these deformities will make people more humble and submissive towards their Lord, and make them bear them with patience, seeking a great reward from Him. Physical deformity is something that Allaah has decreed for some of His slaves. Whoever bears that with patience will attain victory. This is something that happens and has always happened throughout history, but unfortunately studies indicate that the rate of physical deformity is increasing, as the result of pollution of the environment and the increase of harmful rays in the atmosphere, which was previously unknown. 152

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It is by the mercy of Allaah that many deformed foetuses are miscarried or die before they are born. The Muslim woman and the Muslim family must bear with patience whatever happens to them, and seek the reward for that with Allaah. And Allaah knows best. From Ahkaam al-Janeen fi’l-Fiqh al-Islami, by ‘Umar ibn Muhammad ibn Ibraaheem Ghaanim (www.islamqa.com) 13319: Abortion after the soul has been breathed into the foetus Question: What is the ruling on abortion after the fifth month of pregnancy? Answer: Praise be to Allaah. The fuqaha’ of the Sunni Islamic madhhabs are agreed that it is haraam to kill the foetus after the soul has been breathed into it, i.e., after 120 days have passed since conception. It is not permissible to kill it under any circumstances except when continuing the pregnancy would lead to the mother’s death. The differences among the fuqaha’ have to do with abortion in the period before the soul is breathed into the foetus. After the soul is breathed into it, the fuqaha’ are agreed that the foetus has become a human being and a soul which has dignity and is to be respected. Allaah says (interpretation of the meaning): 153

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“And indeed We have honoured the Children of Adam…” [al-Israa’ 17:70] And He says (interpretation of the meaning): “… if anyone killed a person not in retaliation of murder, or (and) to spread mischief in the land — it would be as if he killed all mankind, and if anyone saved a life, it would be as if he saved the life of all mankind…”[al-Maa’idah 5:32] The Maaliki faqeeh Ibn Jizzi narrated in al-Qawaaneen al-Fiqhiyyah that there was scholarly consensus that it is haraam to have an abortion after the soul has been breathed into the foetus. He said: “When the womb has accepted the sperm it is haraam to interfere with it. It is worse (to do so) when it has been formed; and it is worse when the soul has been breathed into it, for that is considered to be the killing of a soul, according to scholarly consensus.” (al-Qawaaneen al-Fiqhiyyah, 141) Similarly it says in Nihaayat al-Muhtaaj: “The prohibition becomes stronger the closer the time is for the soul to be breathed into the foetus, because it is a crime. Then if it has taken on a human form and the midwives can palpate it, it must be protected fully.” (Nihaayat al-Muhtaaj, 8/ 442) The author of al-Bahr al-Raa’iq stated that when some of the features of the foetus become distinct, it is to be considered as a child. The author of al-Binaayah said: “It is not permitted to interfere with the foetus once its features have become distinct. If it can be distinguished from the ‘alaqah (clot) and the blood, it should be considered as having become a soul, and there is no doubt that the sanctity of the soul is protected by scholarly consensus and by the texts of the Qur’aan.” 154

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Thus it is clear to us that abortion after the soul has been breathed into the foetus is a crime which it is not permitted to commit, except in cases of extreme and certain necessity, not where necessity is merely imagined, i.e., where the necessity is proven. This means cases where preserving the foetus would put the mother’s life in danger, noting that with the advances in modern medicine and the scientific possibilities available nowadays, abortions performed to save the mother’s life have become very rare. Ahkaam al-Janeen fi’l-Fiqh al-Islami by ‘Umar ibn Muhammad ibn Ibraaheem ‘Aamir (www.islam-qa.com) 13331: Abortion of a foetus resulting from a zina relationship Question: Is it permissible for a woman who has committed immoral actions to abort the foetus? Answer: Praise be to Allaah. The efforts and ijtihaad of the fuqaha’ have focused on abortion in general terms, and the rulings on that and the consequences that may follow. They have not gone into details concerning cases where the pregnancy results from immorality. This may be because they consider that to come under the same ruling as abortion of a pregnancy resulting from a proper marriage. If abortion of a pregnancy resulting from a proper marriage is haraam under normal circumstances, then it is even more so in cases where the pregnancy results from immorality, 155

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because permitting abortion of pregnancy which results from immorality would encourage evil actions and the spread of immorality. One of the basic principles of Islam is that it forbids immorality and all the ways that lead to it, e.g., it forbids tabarruj (wanton display of one’s charms) and free mixing (of men and women). In addition, an innocent foetus which has committed no sin should not be sacrificed because of a sin committed by someone else. Allaah says (interpretation of the meaning): “No one laden with burdens can bear another’s burden” [al-Israa’ 17:15] It is known that the Messenger of Allaah (peace and blessings of Allaah be upon him) sent the Ghaamidi woman who was pregnant as a result of zinaa away until she gave birth, then after the birth he sent her away until she had breastfed the child and weaned him. She came back with the child who had a piece of bread. The Prophet (peace and blessings of Allaah be upon him) gave the child to one of the Muslims, then he gave orders that she should be placed in a hole up to her chest, and commanded the people to stone her. Imaam al-Nawawi said concerning this hadeeth: “A pregnant woman should not be stoned until she gives birth, whether her pregnancy is the result of zina or otherwise. This is agreed upon, lest her foetus be killed. The same applies if her hadd punishment is flogging; a pregnant woman should not be flogged, according to consensus, until she has given birth.” (Saheeh Muslim bi Sharh al-Nawawi, 11/202) This incident shows us the extent to which Islam is concerned with the foetus, even if it is the result of zina: the Prophet (peace and blessings of Allaah be upon him) delayed the carrying out of the hadd punishment on the mother in order to save the life of the foetus. 156

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Can it be imagined that the Lawgiver would permit killing the foetuses by abortion in order to fulfil the wishes of those who follow their whims and desires? Furthermore, those who say that abortion is permitted within the first forty days of a legitimate pregnancy based their ijtihaad on a concession, like not fasting in Ramadaan for those who have valid excuses, or shortening the fourrak’ah prayers whilst travelling, but it is stated in sharee’ah that concessions cannot be connected to sins. Imaam al-Quraafi said: “With regard to sins, they cannot be taken as reasons for concessions. Hence one who is travelling for the purpose of sin cannot shorten his prayers or break his fast, because the reason for doing these is travelling, but in this case the reason for travelling is to commit sin, so the concession does not apply, because granting a concession on the basis of sin will encourage people to sin further.” (al-Furooq, 2/33) Similarly, the basic principles of Islamic sharee’ah do not give the same concessions to a woman who is pregnant as a result of zinaa as are given to a woman who is pregnant as a result of proper marriage, lest that help her in her sin, and it does not make it easy for her to get rid of the results of her evil actions. In addition, the foetus in the case of zinaa has no guardian, because according to sharee’ah the title of father can only be given to the one who has a child from a woman in a proper marriage. This is part of the meaning of the hadeeth: “The child goes to the owner of the bed and the adulterer gets nothing but the stones (despair, i.e. to be stoned to death).” (Narrated by al-Bukhaari and Muslim). The guardian of the foetus in such cases is the sultan or ruler – the one who is in charge of the Muslims’ affairs – for he is the guardian of those who have no guardian. The way in which the ruler disposes of people’s affairs is based 157

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on the interests of the people, and there is no interest to be served in destroying the soul of the foetus in order to preserve the mother’s interests, because that would involve encouraging her and others to persist in this evil action. It is permissible to resort to aborting the foetus of a woman who has committed this evil action but now wants to repent sincerely, and is very afraid. This is a major principle of sharee’ah, and is subject to the condition that this be done as early in the pregnancy as possible, and that this fatwa be given only in individual cases and not be treated as a general fatwa, lest this concession becomes a means of encouraging evil in the Muslim society. And Allaah knows best. From Ahkaam al-Janeen fi’l-Fiqh al-Islami by ‘Umar ibn Muhammad ibn Ibraaheem Ghaanim (www.islamqa.com) 11406: Killing non Muslims Question: I’ve read that in Islam it is a greater sin to kill a Muslim than a non-Muslim. However, on death a Muslim will be in Paradise whereas the non-Muslim will be in Hell.To kill a non-Muslim is to deny them forever the chance of becoming a Muslim, and condemns them to Hell. Is this not then a greater sin? Answer: Praise be to Allaah. Killing a non-Muslim when he is a mu’aahid (one of those 158

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who have a peace treaty with the Muslims) is a sin, one of the major sins. Al-Bukhaari narrated that ‘Abd-Allaah ibn ‘Amr ibn al-‘Aas (may Allaah be pleased with them both) said: “The Prophet (peace and blessings of Allaah be upon him) said: ‘Whoever kills a mu’aahid will not smell the fragrance of Paradise, even though its fragrance may detected from a distance of forty days.’” But with regard to non-Muslims who are at war with the Muslims and do not have a peace treaty with the Muslims or are not living under Muslim rule, then Muslims are commanded to kill them, because Allaah says (interpretation of the meaning): “Fight those of the disbelievers who are close to you, and let them find harshness in you” [al-Tawbah 9:123] But this should be in the case of jihaad under the leadership of one of the leaders of the Muslims, or his deputy. Shaykh ‘Abd al-Kareem al-Khudayr . (www.islamqa.com) 4661: There is No Expiation Upon Her Question: A woman was breast feeding her child in the bed. She then left that child to look after other children. She stayed with the other children until they slept. She also was exhausted and slept with them. When she woke, she found that the first baby cried a great deal and was being affected by the crying. He was taken to the hospital and stayed there a number of days. He then died because of that. The question is: Does that mother have to make an expiation? If so, what is it? 159

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Answer: Praise be to Allaah. If the events were as described in the question, there is no expiation upon the mother of the child. This is because she did not do anything that caused the child’s death. Shaikh ibn Baz (www.islam-qa.com) 4038: Ruling on aborting or caring for a child whose mother has AIDS Question: Is it permissible for a mother who has AIDS to have an abortion if she gets pregnant? Does she have the right to take care of the child? Is it permissible for either spouse to nullify the nikaah (marriage contract) if it is discovered that the other has AIDS? Answer: Praise be to Allaah. Firstly: abortion in the case of a mother who has AIDS: Because AIDS is not usually transmitted by a mother to the foetus until the later stages of pregnancy – after the soul has been breathed into the child – or during delivery, it is not permissible according to sharee’ah for her to abort the foetus. Secondly: a mother with AIDS taking care of her healthy child and breastfeeding him: Because current medical knowledge indicates that there 160

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is no definite risk to the child from a mother who has AIDS, because the way she deals with him is the ordinary way of mixing with people, from the point of view of sharee’ah, there is no reason why the mother should not take care of her child and breastfeed him, so long as there is no medical report to state that she should not do so. Thirdly: the right of the healthy spouse to ask for separation from a spouse who has AIDS: The wife has the right to demand separation from a husband who has AIDS on the grounds that AIDS is a contagious disease that is transmitted primarily through sexual contact. (Majma’ al-Fiqh al-Islami, pp. 204-206) (www.islamqa.com) 4017: Does a woman have to defend herself against a would-be rapist? Question: Does a woman have to defend herself if someone wants to rape her, and is she allowed to use a weapon for that purpose? Answer: Praise be to Allaah. A woman who is being forced to commit zinaa [unlawful sexual activity] is obliged to defend herself and should not give in even if she kills the one who wants to do that to her. This self-defence is waajib (obligatory), and she is not at fault if she kills the one who wants to force her into 161

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zinaa. Imaam Ahmad and Ibn Hibbaan reported that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever is killed defending his property is a shaheed (martyr), whoever is killed defending himself is a shaheed, whoever is killed defending his religion is a shaheed, and whoever is killed defending his family is a shaheed.” In the commentary on this hadeeth it says: “whoever is killed defending his family is a shaheed” refers to the one who defends the honour of his wife and female relatives. If a man is obliged to defend his wife and fight off the one who wants to rape her – even if this leads to his own death – then this obligation applies even more to the woman herself, who must defend herself and not give in to the aggressor who wants to violate her honour, even if she is killed, because if she is killed she will also be a shaheedah, just as her husband will be a shaheed if he was killed defending her honour. Shahaadah (martyrdom, the status of shaheed) is a high status which is only achieved by the one who dies in the way of obedience to Allaah and that which He loves, which indicates that Allaah loves this kind of defence, a man’s fighting to defend his wife’s honour and a woman’s fighting to defend herself. But if she is unable to defend herself, and the evil aggressor overpowers her and rapes her by force, then she should not be subjected to any punishment (hadd or ta’zeer); rather, the punishment should be carried out on the evil aggressor. It says in al-Mughni by Ibn Qudaamah al-Hanbali: “Concerning a woman who was pursued by a man, and she killed him to protect herself, Ahmad said: ‘If she knew that he wanted [to rape] her, and she killed him to protect herself, then she is not at fault.’ Ahmad mentioned the hadeeth which al-Zuhri reported from al-Qaasim ibn Muhammad, from ‘Ubayd ibn ‘Umayr, in which it said that a man had visitors from [the tribe of] Hudhayl, and 162

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he wanted [to rape] a woman, so she threw a rock at him and killed him. ‘Umar said, ‘By Allaah, there is no diyah for him ever’ i.e., she did not have to pay the ‘blood money’ for him. If it is permissible to defend one’s money, which one can give away, then a woman defending and protecting herself and her honour which cannot be given away, is clearly more permissible than a man defending his money. If this is clear, then she is obliged to defend herself if she can, because letting someone overpower her [rape her] is haraam, and by not defending herself, she lets him overpower her.” [al-Mughni, 8/331] And Allaah knows best. Al-Mufassal fi Ahkaam alMar’ah, 5/42-43. Ibn al-Qayyim (may Allaah have mercy on him) said in al-Turuq al-Hukmiyyah, 18: “(Section) … A woman who had committed zinaa was brought to ‘Umar ibn alKhattaab (may Allaah be pleased with him), and he asked her about it and she admitted it, so he commanded that she should be stoned. ‘Ali said: ‘Maybe she had a reason.’ So he said to her, ‘What made you do that?’ She said, ‘I had a partner who shared livestock with me; his camels had water and milk, and mine had none. I got thirsty, so I asked him to give me something to drink, but he refused unless I let him have his way with me. I refused three times, but I was so thirsty that I thought I was going to die, so I gave him what he wanted, and he gave me something to drink.’ ‘Ali said: ‘Allaahu akbar! “… But if one is forced by necessity without wilful disobedience nor transgressing due limits, then there is no sin on him. Truly Allah is Oft-Forgiving, Most Merciful.” [al-Baqarah 2:173 – interpretation of the meaning].’” In Sunan al-Bayhaqi it says: “From Abu ‘Abd al-Rahmaan al-Sulami, who said: ‘A woman was brought to ‘Umar who had been extremely thirsty, and had passed by a shepherd and asked him to give her something to drink; 163

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he had refused to give her something to drink unless she let him have his way with her. [‘Umar] consulted with the people as to whether he should have her stoned. ‘Ali said, ‘She was forced to do it. I think you should let her go.’ So he did so. I say: this is what should be done. If a woman is in desperate need of food and drink from a man, which he will not give her unless she lets him have his way with her, and she is scared that she will die without them, so she lets him have his way with her, then she is not to be punished. If it were asked, is it permissible for her in this situation to let him have his way with her, or does she have to suffer [her hunger and thirst] with patience, even if she dies? The answer is that her case is like that of a woman who is forced to commit zinaa, to whom it is said, ‘Either you let me have my way with you, or I will kill you.’ The woman who is forced to do this should not be punished; she can save herself from being killed in this manner, but if she bears it (i.e., being killed) with sabr (patience), this is better for her. (But she does not have to put up with with being killed). And Allaah knows best.” Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 2160: Ruling on surgery that causes sterility Question: What is the ruling on operations that prevent pregnancy? Answer: Praise be to Allaah. It is not permitted to carry out operations on men or 164

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women that will lead to complete sterility, such as cutting the vas deferens (vasectomy) in men, or removing the ovaries or womb (hysterectomy) in women. This is because cutting off all possibility of future offspring with no valid reason is haraam, as it goes against what the Prophet SAWS (peace and blessings of Allaah be upon him) wanted for his ummah, and is a source of shame and humiliation for the Muslims. The more the Muslims increase in number, the more this is a source of pride and status for them. Allaah has guaranteed to provide for His slaves, as He says (interpretation of the meaning): “And no living, moving creature is there on earth but its provision is due from Allaah. And He knows its dweeling place and its deposit (in the uterus, grave, etc.). All is in a Clear Book.” [Hood 11:6]. So cutting off all possibility of future offspring for no good reason goes against this teaching. However, if it is necessary to carry out an operation of the kind mentioned – such as a case where the mother’s life will be in danger if she becomes pregnant, or she is suffering from a disease in her womb which it is feared could spread and kill her (such as cancer), so she has no choice but to have her womb removed – then there is nothing wrong with carrying out these operations in such cases of necessity. And Allaah knows best. Fataawaa al-Mar’ah al-Muslimah (2/974); Fataawaa li’lShaykh Ibn ‘Uthaymeen (2/975); Fataawaa al-Shaykh Muhammad ibn Ibraaheem. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 2100: What can be done for someone who has committed suicide? Question: Salaamu-Alaikum.

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I hope you don’t mind me asking this question, but my cousin committed suicide two weeks ago because he could not handle the exams pressure, according to the note he left. The family all know what he has done is terribly wrong and un-Islamic and the consequences are stated in the hadiths of our beloved prophet. What I would like to know is that is there anything that we can do to help him in the hereafter? Is there anything we should be doing to his grave? basically, what should his family do to help themselves get over the terrible situation and help him? Please help! Jazakallahulkhair . Answer: Praise be to Allaah. We ask Allaah to compensate you for this tragedy and reward you for your patience. We have already discussed the issue of suicide in brief under question 373, section 5. As regards what you can do for your deceased loved one: if he was a Muslim who died without having done something that would put him beyond the pale of Islam (such as denying any part of the religion, making fun of some part of it, or totally neglecting Islam to the extent that he did not learn or do anything, etc.), then you can do many kinds of good deeds that may reach him (see question 763 for more details). May Allaah take care of us and you by His Mercy. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)

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1182: Running the fingers through the beard when making wudoo’ Question: Does running the fingers through the beard when making wudoo’ mean that one must ensure that water reaches the skin under the beard? Answer: Praise be to Allaah. The outside of a thick beard should be washed, but it is not a must to wash the inside or the skin underneath. However, it is encouraged to run one’s fingers through the beard. Al-Nawawi (may Allaah have mercy on him) said: “The scholars agree unanimously that a thick beard should be washed, but that the inner layers do not need to be washed, nor does the skin underneath. This is the opinion of the majority of scholars among the Sahaabah, Taabi’een and those who came after them.” Ibn Rushd said: “This is an issue in which I know of no difference of opinion.” However, if the beard is thin and the skin underneath is visible, then it should be washed thoroughly when performing wudoo’. (Fataawa al-Lajnah al-Daa’imah, 5/ 206) (www.islam-qa.com) 2437: Murdering of women and children Question: From where in Qur’an, few killers find their way ? Is such way already exist? 167

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Answer: Praise be to Allaah Why does the question associate between crime and the holy Qur’aan? The Qur’aan was sent as a mercy for people, as a guidance and light, to guide to truth and righteousness and the Straight Path. No one can believe that any person with religion or any mercy in his heart would split a pregnant woman’s belly and take the infant out then kill it; kill children one by one in front of their parents; smash heads with axes; or, burn the living. Only a criminal with a heart harder than a stone which has no mercy, does not know Allaah, and does not believe in the hereafter would do such acts. It is not even possible for a sane person to believe that such a person is a Muslim. This is a fact that can’t be hidden even if the person is disguised in Muslim clothing and grows a beard. Furthermore, it is not possible to call the killing of unarmed innocent Muslim villagers Jihaad. A Muslim—even while in Jihaad to establish the word of Allaah and in battle with the armies which stand to stop the spread of the word of Allaah—is absolutely not permitted to mutilate the dead; nor to kill a child; nor to kill a woman unless she bears weapons; nor to burn anyone with fire. For those who want to know what Islam is, they need to learn it from the Qur’aan and the Hadeeth (recorded sayings) of the Prophet , and not through the behavior of criminals and the suspicious. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 168

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20: Repentance (tawbah) from stealing—on returning items anonymously Question: I find it extremely difficult to go back to those whom I had stolen from, nor can I ever confess to them in order to gain their forgiveness. What shall I do? Answer: It is not necessary for you to face the embarrassment of informing them yourself, or offering compensation in person. You can send their dues to them say, by mail, or through another person without revealing your identity. You can also place it in their sight without their knowledge, or say to them if you have to go in person that “someone” - who doesn’t like to reveal his name says this is your property. In short, the important thing is to return to the people their property. Excerpts from the book “I would like to repent BUT...” (www.islam-qa.com)

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Chapter 6 Transactions Felonies: Killing by Mistake, Manslaughter 46720: Two cars collided and three people died. What does he have to do? Question: What is the ruling on someone who had a traffic accident and three people died in the car that hit him, and the accident was not deliberate on the part of either driver?. Answer: Praise be to Allaah. Traffic accidents should be referred to the experts in that field and eyewitnesses who saw what happened; this brief description is not enough. If the experts rule that one of the two parties was negligent or aggressive, such as if he drove in the opposite direction or he cut off the other driver, or he was careless in changing tires which led to his car turning over and hitting the other car, then he is the negligible party and is liable for the deaths of others and the destruction of property. There may have been negligence on both sides, in which case each party is liable for damage caused to the other, whether that be damage caused to people or property, to the extent to which they were negligent. The Islamic Fiqh Council issued a statement on traffic accidents in which it says: 170

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Accidents involving vehicles are subject to the Islamic shar’i rulings on criminal acts, even though they are usually caused by errors. The driver is responsible for damage caused to the other person, whether that is physical harm suffered by him or damage to his property. After deciding who is at fault and the extent of damage caused, he is not to be absolved of blame except in the following cases: 1 – If the accident happened as the result of something beyond his control and he could not avoid it. 2 – If the damage is caused primarily by the one to whom the damage is done. 3 – If the accident resulted from negligence or aggression on the part of another, and the other is to be deemed responsible. And they said: If the driver and the injured party both caused the accident, then each of them is liable for physical damage or damage to property caused to the other. Shaykh Ibn Baaz (may Allaah have mercy on him) was asked: There was an accident in which two cars crashed into one another. In one car there were two people, one of whom died. According to the police, the driver of the first car was 30% responsible, and the driver of the other car was 70% responsible. With regard to the kafaarah (expiation), should the driver of the first car fast for two consecutive months or for a time proportionate to the degree to which he is to blame, as is the case with diyah (blood money)? He replied: If two or more people are jointly responsible for killing someone by mistake, then each of them has to offer expiation independently, because expiations cannot be split between individuals, as the scholars have stated, 171

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Fataawa Islamiyyah, 3/360 The Shaykh was also asked: When my father was driving a car, he crashed into another car and the driver of the other car died, may Allaah have mercy on him. The police confirmed that the accident was entirely the fault of the deceased and the family of the deceased agreed to forgo the diyah (blood money), may Allaah reward them with good. My question now is: Does my father have to offer the expiation of fasting for two consecutive months or not? He replied: If the situation is as you describe then your father does not have to offer any expiation because he is not to blame and he cannot be described as a killer. Fataawa Islamiyyah, 3/356. The point of quoting these fatwas is so that you may know the importance of following the rulings of the experts and eyewitnesses and finding out the details so that it may be determined who is to blame and to what degree. The fact that the accident was not caused by a deliberate action does not mean that the blood money or expiation can be waived. And Allaah knows best. Islam Q&A (www.islam-qa.com) 38853: He killed a Christian by mistake – should he fast for two consecutive months? Question: Allaah decreed that I should hit a Christian person in a car accident, and it was ruled that I was 25% to blame. I

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have paid the diyah (blood money), but my question is, should I fast for two months or not?. Answer: Praise be to Allaah. Whoever accidentally kills a Christian who is a dhimmi (one with whom we have a contract or treaty of aldhimmah (i.e., one who lives in a Muslim state)) or a musta’man (one who has entered the Muslim land and has been guaranteed safety, such as those who come to do business, to work, to visit relatives, and so on) or is partly responsible for his death, must offer expiation (kafaarah), according to the majority of scholars. Ibn Qudaamah (may Allaah have mercy on him) said in al-Mughni (12/224): It (expiation) must be offered for killing a kaafir who is protected (by sharee’ah), whether he was a dhimmi or musta’man. This is the view of the majority of scholars). See also the answer to question no. 33683 As the specialists have ruled that you are partly responsible for this accident, so you are regarded as being partly responsible for this death. If a number of people are responsible for an accidental death, then each one of them must offer expiation in full. This is the view of the four imams. See al-Mughni, 12/226. The expiation for accidental killing is to free a slave; if the person cannot do that then he must fast for two consecutive months, because Allaah says (interpretation of the meaning): “and if he belonged to a people with whom you have a treaty of mutual alliance, compensation (blood money — Diya) must be paid to his family, and a believing slave 173

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must be freed. And whoso finds this (the penance of freeing a slave) beyond his means, he must fast for two consecutive months in order to seek repentance from Allaah. And Allaah is Ever AllKnowing, AllWise” [alNisa’ 4:92] And Allaah knows best. Islam Q&A (www.islam-qa.com) 12733: What should a woman who deliberately aborts her foetus do (to expiate for her sin)? Question: you will be able to answer my question. I would like to know, besides repenting to Allah, is there a certain punishment a sister in Islam should receive for having an Abortion? And,if so, who carries out the punishment? Answer: Praise be to Allaah. She has to repent for deliberately aborting her pregnanacy after it had been created, because aborting it is haraam and is not allowed. Once pregnancy is known, it has to be protected and it is haraam for the mother to harm it in any way, because it is a trust which Allaah has placed in her womb, and it has rights. So it is not permitted to treat it badly or to abort it. Shaykh al-Fawzaan said: if the soul has been breathed into the foetus and it has started to move, then the woman aborts it after that and it dies, then she is considered to have killed a soul and she is obliged to offer the kafaarah (expiation), which is freeing a slave. If she cannot do that, then she has to fast for two consecutive months and repent 174

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to Allaah. That is if the pregnancy was over four months, because in that case the soul has been breathed into it. So if she aborts it after that time, then she has to offer kafaarah as we have menioned. This is a serious matter and it is not permissible to take it lightly. And Allaah knows best. See al-Fataawa al-Jaami’ah li’l-Mar’ah al-Muslimah, 3/1052 Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 5241: The girl took some pills from her mother’s pocket and swallowed them Question: A woman is saying that her little daughter put her hand in her pocket and took some pills without her mother realizing. She swallowed them and died because of that. Her mother was awake but did not realize that she had taken the pills, and thought that she was only playing. What is the ruling on this, and does the mother have to pay any diyah (blood money) or offer kafaarah (expiation)? Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who replied as follows: The mother has to take good care of her daughter. 175

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Question: but she was not paying attention. Answer: she does not have to do anything (diyah or kafaarah). And Allaah knows best. Shaykh Muhammad ibn Saalih al-‘Uthaymeen (www.islam-qa.com) 10019: She gave her baby daughter a bottle and went to sleep, and the baby died Question: A mother gave her baby girl a bottle and went to sleep. When she woke up she found the child dead. Answer: Praise be to Allaah. I asked Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) about this and he replied as follows: If she does not remember pushing the bottle into the baby’s mouth, then she is not to blame. And Allaah knows best. Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) (www.islam-qa.com)

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Chapter 7 Transactions Punishment and Judicial Sentences 13926: Can a thief have his hand surgically reattached? Question: In the event that the punishment of amputation is carried out, is the criminal entitled to have the amputated hand reattached by means of a surgical procedure?. Answer: Praise be to Allaah. The thief has no right to have the amputated hand reattached, because that means that the signs of the punishment for his crime disappear, and the effectiveness of the rebuke and lesson is lost. It is contrary to the idea of punishment and example as mentioned in the verse in which Allaah says (interpretation of the meaning): “And (as for) the male thief and the female thief, cut off (from the wrist joint) their (right) hands as a recompense for that which they committed, a punishment by way of example from Allaah. And Allaah is AllPowerful, AllWise” [al-Maa’idah 5:38] Fataawa al-Lajnah al-Daa’imah, 22/220. (www.islam-qa.com) 177

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14312: It is not permissible to replace stoning of an adulterer with killing by the sword or by shooting Question: Is it permissible to execute a married adulterer by some method other than stoning, such as killing him with a sword or by shooting him?. Answer: Praise be to Allaah. It is essential to stone the married adulterer until he dies, following the Sunnah of the Messenger (peace and blessings of Allaah be upon him), as it is proven that he said that, did it and enjoined it. The Messenger of Allaah (peace and blessings of Allaah be upon him) stoned Maa’iz, the Juhani woman, the Ghaamidi woman, and the two Jews. All of that is proven in saheeh ahaadeeth narrated from the Prophet (peace and blessings of Allaah be upon him). The scholars among the Sahaabah (may Allaah be pleased with them), the Taabi’een and those who came after them are also unanimously agreed on that. No one differed from them apart from those to whose views no attention is to be paid. Al-Bukhaari and Muslim narrated in their Saheehs from Ibn ‘Abbaas (may Allaah be pleased with him) that ‘Umar (may Allaah be pleased with him) said: “Allaah sent Muhammad (peace and blessings of Allaah be upon him) with the truth and revealed to him the Book, and one of the things that Allaah revealed was the verse of stoning. We have read it and understood it. The Messenger of Allaah (peace and blessings of Allaah be upon him) stoned (adulterers) and we stoned (them) after him, but I fear that there may come a time when some people say: ‘By Allaah, we do not find 178

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the verse of stoning in the Book of Allaah.’ So they will go astray by forsaking an obligation that Allaah has revealed. According to the Book of Allaah, stoning is deserved by the one who commits zina, if he is married, men and women alike, if proof is established or the woman becomes pregnant or they confess…” Based on this, it is not permissible to replace stoning with killing by the sword or shooting, because stoning is a more severe punishment and a more effective deterrent to the sin of zina, which is the most grave sin after shirk and killing a soul whom Allaah has forbidden us to kill. The hadd punishment of stoning for a married person who commits zina is one of the matters that is determined by the Qur’aan and Sunnah and there is no room for ijtihaad or personal opinion. If killing by the sword or shooting were permissible in the case of the married adulterer then the Prophet (peace and blessings of Allaah be upon him) would have done that and would have explained it to his ummah, and his companions after him would have done that too. Fataawa al-Lajnah al-Daa’imah, 22/48-49. (www.islam-qa.com) 12797: Does this hadeeth contradict the principle of equality and justice in Islam? Question: How sound is the following hadeeth, which was narrated by Abu Dawood and others: “Forgive the people of good character for their mistakes”? I have read that some people are not sure about it because it contradicts the Qur’aan and its verses which call for equality and justice. 179

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Answer: Praise be to Allaah. This hadeeth was narrated by Imam Ahmad, Abu Dawood, al-Nasaa’i, al-Bayhaqi and others from ‘Aa’ishah (may Allaah be pleased with her), who said that the Prophet (peace and blessings of Allaah be upon him) said: “Forgive the people of good character for their mistakes, except in cases of hadd punishments.” It has other isnaads which are not free of faults, but when taken together render the hadeeth hasan. What is meant by the hadeeth is that it is recommended not to take people of good character to task if they slip up or make mistakes which are out of character, except in cases where a hadd punishment is required and news of the sin reaches the ruler, in which case the hadd punishment must be carried out. What is meant by “people of good character” is ordinary people who possess an honourable attitude and other praiseworthy characteristics, those who are always obedient and are known for their good character, but who may slip sometimes and commit sins. This meaning was narrated by Ibn al-Qayyim (may Allaah have mercy on him) who said: The Prophet (peace and blessings of Allaah be upon him) did not call the pious who worship a great deal “people of good character” and this phrase is not used in the words of Allaah or His Messenger to describe the obedient and pious. It seems that it refers to those who are respected among the people for their status and high position. Allaah has singled them out for a kind of honour above others of their kind, meaning that if a person is modest and of good character, but then he slips up and the Shaytaan overpowers him briefly (and makes him do something out of character), we should not hasten to 180

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rebuke him and punish him, rather his mistake should be forgiven, provided that it does not involve transgressing one of the sacred limits of Allaah (for which a hadd punishment is required), because the hadd punishment must be carried out regardless of whether the one who deserves it is regarded as honourable or ignoble. The Prophet (peace and blessings of Allaah be upon him) said: “Those who came before you were destroyed because if a nobleman among them stole they would let him off, but if a weak and insignificant person stole they would carry out the punishment on him. By Allaah, if Faatimah the daughter of Muhammad were to steal, I would cut off her hand.” Saheeh – agreed upon. This highlights one of the wonderful aspects of this perfect sharee’ah. From the above it may be understood that the meaning of this hadeeth does not contradict the principle of equality and justice in Islam, rather it encourages overlooking sins and mistakes that are not subject to hadd punishments if they are committed by people who do not ordinarily do such things, and if not imposing a ta’zeer punishment will not lead to further trouble. Fataawa al-Lajnah al-‘Daa’imah, 22/18-22. (www.islam-qa.com) 14528: He has repented from zina; does the hadd punishment have to be carried out on him? Question:

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my children. But I committed the sin of zina, and I regretted it and repented to Allaah. Is that sufficient or not? Or must the hadd punishment also be carried out?. Answer: Praise be to Allaah. Undoubtedly zina is a major sin, and among the means that lead to it are nakedness of women, mixing of men with non-mahram women, the decline in morals and the corruptness of the environment in general. If you committed zina because of being away from your wife and mixing with evil and corrupt people, then you regretted your sin and repented to Allaah sincerely, then we hope that Allaah will accept your repentance and forgive your sin, because Allaah says (interpretation of the meaning): “And those who invoke not any other ilâh (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse and whoever does this shall receive the punishment. 69. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace; 70. Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allaah will change their sins into good deeds, and Allaah is OftForgiving, Most Merciful” [al-Furqaan 25:68-70] And it was narrated from ‘Ubaadah ibn al-Saamit (may Allaah be pleased with him), in the hadeeth about the women’s oath of allegiance, that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever among you is faithful (to this pledge) his reward will be with 182

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Allaah, and whoever does any of these things and is punished, his punishment will be an expiation for him, and whoever does any of these things but Allaah conceals him, then it is up to Allaah: if He wills He will punish him and if He wills He will forgive him.” But you have to flee from this corrupt environment that tempts you to sin and seek to earn a living in another country that is less evil, so as to protect your religious commitment. The earth of Allaah is spacious and no one will ever be without a land where he can earn a living and acquire the provision that Allaah has decreed for him. And whoever fears Allaah, He will make a way for him to get out (from every difficulty) And He will provide him from (sources) he never could imagine. Fataawa al-Lajnah al-Daa’imah, 22/42-44. (www.islam-qa.com) 47834: Is repentance accepted if the hadd punishment is not carried out on a person? Question: I have a question that is confusing me. If a married or unmarried person commits the sin of immoral conduct, or major sins such as stealing, backbiting, riba, etc, and persists in doing that for a long time, then he comes to know Allaah and he repents sincerely to Allaah, seeking the Face of Allaah, and he seeks the forgiveness of those about whom he gossiped, and returns what he stole, and gives up riba (usury) and all the sins that there are between him and Allaah such as zina, drinking, failing to pray etc, but the hadd punishment is not carried out on him, will Allaah accept his repentance and his worship, no matter 183

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how great his sins were? Or is it possible that Allaah will not accept his repentance and his worship will be rejected? Will Allaah save him from the torment of the grave and from Hell? What should he do in order to avoid punishment and so that Allaah will be pleased with him?. Answer: Praise be to Allaah. You should note that it is not permissible for a Muslim to think of the sins from which he has repented as being too great, for the mercy, pardon and forgiveness of Allaah are greater than his sins. If the sins had to do with other people, then it is obligatory to restore people’s rights to them. If the sin has to do with something that is between a person and his Lord, then it is sufficient for him to repent, seek forgiveness, regret what he did and resolve not to go back to those sins. It is not a condition of repentance that the hadd punishment be carried out on the repentant person. He should conceal himself with the concealment of Allaah, Achieving sincere repentance is better than confessing so that the hadd punishment may be carried out. This person has repented well and has given back to people what is rightfully theirs, so he should not let the Shaytaan come and spoil his repentance. It should be noted that Allaah turns the bad deeds of the repentant into good deeds. Allaah says (interpretation of the meaning): “And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual 184

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intercourse and whoever does this shall receive the punishment. 69. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace; 70. Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allaah will change their sins into good deeds, and Allaah is OftForgiving, Most Merciful. 71. And whosoever repents and does righteous good deeds; then verily, he repents towards Allaah with true repentance” [al-Furqaan 25:68-71] The offenses which the sultan (Muslim ruler) hears of are the ones for which the hudood punishments must be carried out. As for those of which he does not hear, then it is better to repent from them and to conceal oneself with the concealment of Allaah. The scholars of the Standing Committee said: If the shar’i ruler hears of offenses and they are proven by sufficient evidence, then the hadd punishments must be carried out, and it is not waived by repentance, according to scholarly consensus. The Ghaamidi woman came to the Prophet (peace and blessings of Allaah be upon him) asking him to carry out the hadd punishment on her after she had repented, and he said concerning her: “She has repented in a manner that if the people of Madeenah were to repent in this way, it would be sufficient for them.” But despite that he carried out the shar’i hadd punishment on her. But no one has the right to do that but the sultaan. But if news of that offence does not reach the sultaan, 185

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then the Muslim should conceal himself with the concealment of Allaah and repent sincerely to Allaah, so that Allaah may accept his repentance. Fataawa al-Lajnah al-Daa’imah, 22/15 And they said – responding to one who wanted to carry out the hadd punishment and who was not sure that repentance from zina would be accepted – If a person repents to his Lord sincerely, then Allaah has promised that He will accept his repentance, and will compensate him with reward. This is by His kindness and generosity. Allaah says (interpretation of the meaning): “And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse and whoever does this shall receive the punishment. 69. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace; 70. Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allaah will change their sins into good deeds, and Allaah is OftForgiving, Most Merciful.” [al-Furqaan 25:68-70] The conditions of repentance include: giving up the sin, regretting what one has done and resolving not to go back to it. If the matter involves the rights of other people, then one must also ask them for forgiveness. It was narrated from ‘Ubaadah ibn al-Saamit (may Allaah be pleased with him) that when the women gave their 186

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oath of allegiance (bay’ah) to the Prophet (peace and blessings of Allaah be upon him), he said: “Whoever among you is faithful (to this oath), his reward will be with Allaah. Whoever does any of these things (wrong actions) and is punished for it, that will be an expiation for him. Whoever does any of these things and Allaah conceals him, then it is up to Allaah: if He wills He will punish him and if He wills He will forgive him.” The Prophet (peace and blessings of Allaah be upon him) encouraged sincere repentance. In the story of Maa’iz he said: “Why did you not leave him alone, perhaps he would have repented and Allaah would have accepted his repentance.” Maalik narrated in al-Muwatta’ from Zayd ibn Aslam that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “O people, the time has come for you stop transgressing the sacred limits set by Allaah. Whoever commits any of these evil actions, let him conceal himself with the concealment of Allaah, for whoever discloses his actions, then we have to carry out the hadd punishment (that is prescribed in) the Book of Allaah.” So you have to repent sincerely, offer prayers regularly in congregation and do a great deal of good deeds. Fataawa al-Lajnah al-Daa’imah, 22/44,45 For more information please see the answers to questions no. 264, 23485, 10983, 728. And Allaah knows best. Islam Q&A (www.islamqa.com) 12406: Why should a person who disbelieves after becoming Muslim be executed? Question: The punishment for the apostate is execution. Why such harshness?. 187

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Answer: Praise be to Allaah. The punishment for apostasy from the religion of Islam is execution. Allaah says (interpretation of the meaning): “And whosoever of you turns back from his religion and dies as a disbeliever, then his deeds will be lost in this life and in the Hereafter, and they will be the dwellers of the Fire. They will abide therein forever” [al-Baqarah 2:217] And it was proven that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever changes his religion, execute him.” Narrated by al-Bukhaari in his Saheeh. What this hadeeth means is that whoever leaves Islam and changes to another religion and persists in that and does not repent, is to be executed. It was also proven that the Prophet (peace and blessings of Allaah be upon him) said: “It is not permissible to shed the blood of a person who bears witness that there is no god but Allaah and that I am the Messenger of Allaah except in three cases: a life for a life, a previously-married person who commits adultery, and one who leaves Islam and forsakes the jamaa’ah.” Narrated by al-Bukhaari and Muslim. This harsh punishment is for a number of reasons: 1 – This punishment is a deterrent to anyone who wants to enter Islam just to follow the crowd or for hypocritical purposes. This will motivate him to examine the matter thoroughly and not to proceed unless he understands the consequences of that in this world and in the Hereafter. The one who announces his Islam has agreed to adhere to all the rulings of Islam of his own free will and consent, one of which rulings is that he is to be executed if he apostatizes from the faith. 188

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2 – The one who announces his Islam has joined the jamaa’ah (main body) of the Muslims, and whoever joins the main body of the Muslims is required to be completely loyal and to support it and protect it against anything that may lead to fitnah or destroy it or cause division. Apostasy from Islam means forsaking the jamaa’ah and its divine order, and has a harmful effect on it. Execution is the greatest deterrent that will prevent people from committing such a crime. 3 – Those Muslims who are weak in faith and others who are against Islam may think that the apostate has only left Islam because of what he has found out about its real nature, because if it were the truth then he would never have turned away from it. So they learn from him all the doubts, lies and fabrications which are aimed at extinguishing the light of Islam and putting people off from it. In this case executing the apostate is obligatory, in order to protect the true religion from the defamation of the liars and to protect the faith of its adherents and remove obstacles from the path of those who are entering the faith. 4 – We also say that the death penalty exists in the modern laws of man to protect the system from disorder in some situation and to protect society against certain crimes which may cause its disintegration, such as drugs etc. If execution can serve as a deterrent to protect man-made systems, then it is more appropriate that the true religion of Allaah, which Falsehood cannot come to it from before it or behind it [cf. Fussilat 41:42], and which is all goodness, happiness and tranquility in this world and in the Hereafter should punish those who commit acts of aggression against it and seek to extinguish its light and defame its image, and who fabricate lies against it to justify their apostasy and deviation. Fataawa al-Lajnah al-Daa’imah, 21/234-231. 189

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Islam Q&A (www.islam-qa.com) 12461: If a person commits a crime which deserves a hadd punishment in a land that is not ruled according to that which Allaah has revealed, what is to be done? Question: If a Muslim commits a crime which deserves a hadd punishment, such as zina (adultery), and he wants to purify himself by having the hadd punishment carried out on him, but his government does not rule according to that which Allaah has revealed, what should he do? If he asks some of his relatives or friends to carry out the hadd punishment on him, is that correct, and will his sins be forgiven?. Answer: Praise be to Allaah. The scholars are unanimously agreed that the hadd punishment can only be carried out by the imam (Islamic ruler) or his deputy. This is in the people’s interests and is for the protection of their soul, their wealth and their honour. The imam is able to carry it out because of the power and authority he has, which make the people obey him, and because no one can accuse the imam of being biased or negligent in carrying out the hadd punishments. Thus the imam is able to carry out the hudood punishments in the proper manner so that the shar’i goals will certainly be achieved. Al-Mawsoo’ah al-Fiqhiyyah, 17/145. 190

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It says in Fataawa al-Lajnah al-Daa’imah, 7/21: The hadd punishments can only be carried out by a Muslim ruler or one who takes the place of the ruler. It is not permissible for individual Muslims to carry out the hadd punishments because of the chaos and fitnah (tribulation) to which that will lead.” It also says (21/5-6): No one can carry out the hadd punishments except the Muslim ruler or his deputy, in order to maintain order and prevent anyone from transgressing against others, and to protect against injustice. And the sinner has to pray for forgiveness and repent to Allaah and do a lot of good deeds. If he is sincere in his repentance towards Allaah, Allaah will accept his repentance and forgive Him by His grace and kindness. Allaah says (interpretation of the meaning): “And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse and whoever does this shall receive the punishment. 69. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace; 70. Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allaah will change their sins into good deeds, and Allaah is OftForgiving, Most Merciful” [al-Furqaan 25:67-70] “And verily, I am indeed forgiving to him who repents, believes (in My Oneness, and associates none in worship with Me) and does righteous good deeds, and then remains constant in doing them (till his death)”[Ta-Ha 20:82] 191

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And the Prophet (peace and blessings of Allaah be upon him) said: “Islam erases whatever came before it, and repentance erases whatever came before it.”. Islam Q&A (www.islam-qa.com) 47086: Returning stolen property to its kaafir owners Question: I have recently started practicing and I am trying to repent from the bad things I have done previously. I understand that I must put right any wrong to any Muslim I may have done. What about non-muslims? I have been told that they refuse Islam and so they have no honour. If for example I have stolen from them, should I return this knowing that I may face criminal prosecutions by the non - Muslims? What should I do with those things that belong to non-muslims?. Answer: Praise be to Allaah. Firstly: we congratulate you for having started to pray regularly and your striving to repent, and we give you the glad tidings that Allaah accepts the repentance of the one who repents to Him and He forgives his sins. The Prophet (peace and blessings of Allaah be upon him) said: “The one who repents from sin is like one who did not sin at all.” Narrated by al-Tirmidhi and classed as saheeh by alAlbaani. Secondly: undoubtedly stealing is a major sin and Allaah 192

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has stipulated a hadd punishment for it in this world and a severe punishment in the Hereafter. Allaah says (Interpretation of the meaning): “And (as for) the male thief and the female thief, cut off (from the wrist joint) their (right) hands as a recompense for that which they committed, a punishment by way of example from Allaah” [al-Maa’idah 5:38] And the Prophet (peace and blessings of Allaah be upon him) said: “May Allaah curse the thief.” Narrated by alBukhaari, 6783 and Muslim, 1687. Stealing is haraam whether the person from whom the property is stolen is a Muslim or a kaafir whose life and wealth is protected by sharee’ah. With regard to a kaafir who is at war against the Muslims, it is permissible to take his wealth, because at a time of war that is regarded as taking booty and is not regarded as stealing. Thirdly: with regard to taking a kaafir’s wealth by means of betrayal and cheating, this is haraam, because betrayal is haraam in Islam whether one deceives a Muslim or a kaafir. Al-Bukhaari (2583) narrated from al-Mugheerah ibn Shu’bah that he had accompanied some people during the Jaahiliyyah, and he killed them and took their wealth. Then he came and embraced Islam, and the Prophet (peace and blessings of Allaah be upon him) said: “As for your Islam it is accepted, but as for the wealth I want nothing of it.” According to a version narrated by Abu Dawood (2765): “As for your Islam, we accept it, but as for the wealth, it is wealth obtained through betrayal and we have no need of it.” Classed as saheeh by al-Albaani in Saheeh Abi Dawood. 193

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Al-Haafiz ibn Hajar said: The words “but as for the wealth I want nothing of it” mean that he did not want it because al-Mugheerah had taken it by means of betrayal. It may be understood from this that it is not permissible to take the wealth of the kuffaar at times of peace by means of betrayal, because friends keep company on a basis of trust, and trusts are to be rendered back to their owners, whether they are Muslims or kaafirs. It is permissible to take the wealth of kaafirs in cases of war, but the Prophet (peace and blessings of Allaah be upon him) sometimes held onto wealth (instead of distributing it as war booty) in the hope that its owners would become Muslims, then he could return their wealth to them. Fath al-Baari, 5/341. An example of betrayal is when a kaafir has entered a Muslin country in safety, or a Muslim has entered a kaafir country in safety (for example, with a visa), and what this visa implies is that they guarantee that the person’s life and wealth are protected safe, and by the same token they should also be guaranteed that their lives and wealth are safe, so it is not permissible to commit acts of aggression against them or to confiscate or steal their wealth. Al-Shaafa’i (may Allaah have mercy on him) said concerning some people who entered the kaafir land and were in a position to take something of their wealth: If a Muslim man entered dar al-harb in safety (i.e., under the protection of the kaafir authorities), and he is able to take something of their wealth, it is not permissible for him to take anything of it, great or small, because if he is safe from them, then they should be safe from him. And it is forbidden to takes property in several cases: (1) if its owner is Muslim, (2) if the owner is living under the protection of the Islamic state, (3) if the owner has been granted protection for a certain period… Al-Umm, 4/284. 194

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Al-Sarkhasi said: It is not proper for a Muslim who has been offered protection to betray them, because betrayal is haraam. If he betrays them and takes their wealth and takes it to dar al-islam (the Muslim lands), it is not right for a Muslim to buy it from him if he knows about that, because it has been obtained by evil means, and buying from him will tempt him to do the same thing again, and it is not right for the Muslim to do that. The basic principle regarding this is the hadeeth of al-Mugheerah ibn Shu’bah (may Allaah be pleased with him)… Al-Mabsoot, 10/96. If Allaah enables a Muslim to repent from taking people’s wealth unlawfully, one of the conditions of this repentance is to restore to people what is rightfully theirs, even if they are kaafirs. If there is the fear of exposure or criminal penalties as a result of returning things to their rightful owners, then it is permissible to look for a suitable way of preserving your honour and returning things to their rightful owners without embarrassing yourself, by sending him the money by mail, or asking someone to give it to him without mentioning your name or the fact that you stole it. It is not necessary for the one who wants to return something to its rightful owner to disclose himself or his identity, because the point is that things should be restored to their rightful owners. Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: If you steal from a person or an organization, then you have to get in touch with the person from whom you stole and tell him, “I have such and such of yours,” then agree on how to settle the matter. But a person may feel that this is too difficult for him and that he cannot go to a person and say, “I stole such and such from you and took such and such from you.” In this case, he can send this 195

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money – or whatever – to him in another, indirect way, such as giving it to a friend of this person, and telling him, “This is for So and so,” and telling him the story and saying, “Now I have repented to Allaah, and I hope that you will give it to him.” Fataawa Islamiyyah, 4/162. See also questions no. 7545, 14367 and 31234. Islam Q&A (www.islam-qa.com) 8980: Who is the one who should carry out the hadd punishment for zina? Question: Is killing of a woman allowed for the sake of family honour ,if she is found guilty of anything that is not good for the family’s name and honour ,for example she is blamed for adultery and is not proved yet or found to have relation with a na-mahrum(not related to her) ,If not kindly state some verses from Quran-e-Majeed and some Ahadiths which render such killings incorrect unless being processed through the court of Islamic Law? Did any such incident occur in the days of The Holy Prophet(P.B.U.H) and how was it dealt with?. Answer: Praise be to Allaah. One of the gravest of major sins with which a person can meet his Lord is the sin of killing a soul whose killing Allaah has forbidden. Allaah says (interpretation of the meaning): 196

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“And whoever kills a believer intentionally, his recompense is Hell to abide therein; and the Wrath and the Curse of Allaah are upon him, and a great punishment is prepared for him” [al-Nisa’ 4:93] It was narrated that Anas (may Allaah be pleased with him) said: The Prophet (peace and blessings of Allaah be upon him) was asked about major sins, and he said: “Associating others with Allaah, disobeying one’s parents, murder and bearing false witness.” Narrated by al-Bukhaari, 2510; Muslim, 88. 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: “The believer will continue to have a good chance of salvation so long as he does not shed haraam blood.” Narrated by al-Bukhaari, 6469. It is not permissible to accuse chaste women of zina. Zina can only be proven by the testimony of four men who see the act take place with their own eyes, and see the penis enter the vagina, or by the unforced confession of the man or woman who committed zina. Anything other than that is accusing a Muslim woman of zina, for which the person should be given eighty lashes. Allaah says (interpretation of the meaning): “And those who accuse chaste women, and produce not four witnesses, flog them with eighty stripes, and reject their testimony forever. They indeed are the Faasiqoon (liars, rebellious, disobedient to Allaah)” [al-Noor 24:4] 197

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It was narrated that Abu Hurayrah and Zayd ibn Khaalid al-Juhani (may Allaah be pleased with them both) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “… Go tomorrow, O Unays, to this woman and if she admits (to adultery) then stone her.” He said: I went to her the next day and she admitted it, so the Messenger of Allaah (peace and blessings of Allaah be upon him) ordered that she be stoned.” Narrated by alBukhaari, 2575; Muslim, 1698. Allaah has specified the punishments for men and women who commit zina. The hadd punishment is stoning if they have been married and one hundred lashes for one who has not been previously married. Allaah says (interpretation of the meaning): “The fornicatress and the fornicator, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allaah, if you believe in Allaah and the Last Day. And let a party of the believers witness their punishment” [al-Noor 24:2] It was narrated from Jaabir that a man from (the tribe of) Aslam came to the Prophet (peace and blessings of Allaah be upon him) when he was in the mosque and he said, “I have committed adultery.” The Prophet (peace and blessings of Allaah be upon him) turned his face away from him. The man came to that side to which the Prophet had turned his face, and testified against himself four times. The Prophet (peace and blessings of Allaah be upon him) said, “Are you mad?” He said, “No.” The Prophet said, “Are you married?” He said, “Yes.” So he commanded that he be stoned in the Musalla (Eid prayer place). When the stones troubled him, he ran away, until he was caught in al-Harrah and killed. 198

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Narrated by al-Bukhaari, 4969; Muslim, 1691. If it is asked: who is it that should carry out this hadd punishment for zina? The answer is: No one should carry out the hadd punishments without the permission of the ruler. If there is no ruler who rules according to sharee’ah then it is not permissible for the ordinary people to carry out the hadd punishments. Whoever does that is sinning, because carrying out the hadd punishments requires examining the matter and requires shar’i knowledge in order to know the conditions of proof. The ordinary people have no knowledge of such things, and the carrying out of one of the hadd punishments by the ordinary people leads to many evils and the loss of security, whereby people will attack one another and kill one another or chop off one another’s hands on the grounds that they are carrying out hadd punishments. Al-Qurtubi said: There is no dispute among the scholars that qisaas (retaliatory punishments) such as execution cannot be carried out except by those in authority who are obliged to carry out the qisaas and carry out hadd punishments etc, because Allaah has addressed the command regarding qisaas to all the Muslims, and it is not possible for all the Muslims to get together to carry out the qisaas, which is why they appointed a leader who may represent them in carrying out the qisaas and hadd punishments. Tafseer al-Qurtubi, 2/245, 246. Ibn Rushd al-Qurtubi said: With regard to the one who should carry out this 199

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punishment – i.e., the hadd punishment for drinking alcohol – they agreed that the ruler should carry it out, and that applies to all the hadd punishments. Bidaayat al-Mujtahid, 2/233. Al-Shawkaani said: It was narrated from Abu’l-Zinaad from his father that the fuqaha’ of the people of Madeenah used to say that no one should carry out any of the hadd punishments except the ruler, unless it is a man carrying out the hadd punishment for zina on his male or female slave. Nayl alAwtaar, 7/295, 296. The family of the woman should prevent her from committing immoral actions and should prevent the things that lead to that, such as going out, speaking to nonmahram men, and everything that may enable her to commit evil. If the only way is to detain her and tie her up, then they have the right to do that, so they should detain her in the house. But as for killing her, they should not do that. Shaykh alIslam Ibn Taymiyah (may Allaah have mercy on him) was asked about a married woman who had children and who formed an attachment to a man and committed immoral actions with him. When she was found out, she tried to leave her husband: did she have any right to her children after doing this? Was there any sin on them if they cut off relations with her? Was it permissible for the one who has proof of that to kill her secretly? If someone else did that would he be sinning? He replied: Praise be to Allaah. Her sons’ and male relatives’ duty is to prevent her from 200

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committing haraam actions, and if the only way they could do that is by detaining her, then they should detain her. If it means that they have to tie her up, then they should tie her up. But the son should not beat his mother, and with regard to treating her kindly, they have no right to do otherwise. It is not permissible for them to cut off ties with her so that she is free to do evil actions, rather they should try to prevent her from doing evil as much as possible. If she needs provision and clothing they should provide that for her. And it is not permissible for them to carry out the hadd punishment – execution or otherwise – on her, and they will be sinning if they do that. Majmoo’ al-Fataawa, 34/177-178. It so happened that some women committed zina at the time of the Prophet (peace and blessings of Allaah be upon him), and no one in their families killed any of these women. One of them was al-Ghaamidiyyah (may Allaah be pleased with her). It was narrated that Buraydah ibn al-Haseeb said: A woman from Ghaamid, a branch of al-Azd, came and said: “O Messenger of Allaah, purify me!” He said, “Woe to you! Go back and seek the forgiveness of Allaah and repent to Him.” She said: “I think that you intend to send me back as you sent Maa’iz ibn Maalik back.” He said, “What has happened to you?” She said that she had become pregnant as a result of zina. He said: “Is it you (who has done that)?” She said: “Yes.” He said to her: “(You will not be punished) until you give birth to that which is in your womb.” A man from among the Ansaar sponsored her [i.e., paid for her needs etc] until she delivered (the child). Then he (that Ansaari) came to the Prophet (peace and blessings of Allaah be upon him) and said: “The Ghaamidi woman has given birth to a child.” He (the Prophet (peace and blessings of Allaah be upon him)) said: “Then we will not stone her and so leave her 201

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child with no one to nurse him.” One of the Ansaar stood up and said: “O Messenger of Allaah, let me be responsible for ensuring that he is nursed.” Then she was stoned to death. Narrated by Muslim, 1695. So the attitude of the family of the woman asked about here, claiming that she deserves to be executed, is wrong in other ways as well, such as: 1 – They do not have the attitude if one of their sons or brothers commits zina. This is like the actions of the people of the Jaahiliyyah who allowed themselves to commit zina but not their women. And these people feel that their honour has been besmirched and their protective jealousy comes to the for if their women commit sin, but there is no protective jealousy on their part if one of their sons or brothers does the same thing. Indeed some fathers boast about their son’s evil actions and encourage him to do it. 2 – They have opened the door for women to fall into sin, by allowing women to attend mixed schools, have bad friends, watch haraam things and sit in reprehensible gatherings. This has led to women’s hearts becoming deadened and attracted to immoral things. Some of them do not arrange marriages for their daughters or sisters and they stipulate impossible conditions, then they want to punish them when they are the ones who deserve punishment more. 3 – They don’t only kill for the sin of zina, rather they do that even if the woman only spoke to or got to know a non-mahram man, for which there is no hadd punishment of killing in sharee’ah. 4 – They open the door for everyone who wants to kill 202

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his sister or daughter on the grounds of nonsensical excuses, when the reason for killing her may be her wealth, or because she knows things about them that they want to conceal, or other such reasons. From time to time we hear claims from the kaafir west or the deviant east that everyone who kills his sister or daughter does so because of honour. That is because many laws let the killer off if he kills any family member for this reason. Even though this claim may be true, we should not be deceived by these people and their claims, because the purpose of these claims is to remove gheerah (protective jealousy) from the hearts of the woman’s family, and to open the door for women to commit immoral actions. What the guardians of women must do is to fear Allaah regarding those who are under their care, and prevent them from committing immoral actions or doing the things that lead to that, and not be either careless or too strict. And Allaah knows best. Islam Q&A (www.islam-qa.com) 13233: Description of flogging for an unmarriezd person who commits zina Question: The punishment for zina For unmarried person as in islam is “The fornicatress and the fornicator, flog each of them

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with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allaah” [al-Noor 24:2] For this punishment to be applicable, Allaah has laid down the condition that the act be witnessed by four men whose word can be trusted; a confession does away with the requirement of four witnesses. 1) My quistion is after 100 lashes the genrally( if person is of normal personality or not very strong) the man will remain alive or not ? 2) How hard or powerful this lashes will be? is there any standard to apply so much strength on each lash?. Answer: Praise be to Allaah. Flogging in the case of hudood punishments is not meant to kill, rather it is intended as a form of discipline and rebuke, and to purify the person of sin. Hence many fuqaha’ have pointed out that it must be done with moderate force, and the person carrying out the punishment should not raise his arm so high that his armpit shows, and he should not use a new whip, or strip the person of his clothing unless it is something like a thick coat, which should be removed. The person being punished should be flogged standing, according to the majority of scholars; he should not be made to lie down and he should not be bound, and blows to the face, head and genitals are to be avoided. Ibn Qudaamah (may Allaah have mercy on him) said: Rather the blows should be distributed all over the body, so that each limb will have its share, but most of them 204

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should be on the fleshy parts such as the buttocks and thighs, and the sensitive areas should be avoided, namely the head, face and genitals of men and women alike. He said concerning the person being punished that he should not be made to lie down, or be bound, and we do not know of any difference of opinion concerning that. Ibn Mas’ood said: It is not prescribed in our religion to make the offender lie down or to tie him up or remove his clothing. The companions of the Messenger of Allaah (peace and blessings of Allaah be upon him) flogged offenders but there is no report that any of them made the offender lie down or tied him up or removed his clothing. His garment should not be removed, rather he is it acceptable if he is wearing one or two garments, but if he is wearing a thick coat, it should be removed, because if it is left on he will not feel the blows. Ahmad said: If winter garments are left on him, he will not feel the blows. Maalik said: His clothes should be removed [apart from that which covers the ‘awrah], because the command to flog implies that the blows should be directly to his body. We have the view of Ibn Mas’ood, and we do not know of any of the Sahaabah who differed with him. Allaah did not command us to strip the offender, rather he commanded us to flog him, so whoever is flogged through his clothes has been flogged. And he said: Once this is established, then the whip should be of moderate quality, not so new that it would cause injury and not so worn out that it hardly hurts him. It was narrated that a man confessed to the Messenger of Allaah (peace and blessings of Allaah be upon him) that he had committed zina, so the Messenger of Allaah (peace and blessings of Allaah be upon him) called for a whip and he was given a broken whip. He said, “Better than this.” So he was brought a brand new whip. He said, “Something 205

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between these two.” Narrated by Maalik from Zayd ibn Aslam in a mursal report; and it was narrated from Abu Hurayrah in a musnad report. It was narrated from ‘Ali (may Allaah be pleased with him) that he said: Moderate blows with a moderate whip. Not so harsh as to kill and not so weak as to be no deterrent. He should not raise his arm completely, or keep it so low that it causes no pain. Ahmad said: His armpit should not show in any of the hudood punishments, i.e., he should not raise his arm so high, because the point is to discipline him, not kill him. From al-Mughni, 1/141-142. From the above it is clear that an ordinary person will not usually be killed by flogging; the purpose is to serve as a rebuke and discipline. And the believers should witness this punishment, as Allaah says (interpretation of the meaning): “The fornicatress and the fornicator, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allaah, if you believe in Allaah and the Last Day. And let a party of the believers witness their punishment” [al-Noor 24:2] And Allaah knows best. Islam Q&A (www.islam-qa.com) 27113: Will the zaani (fornicator) who repents be forgiven even if the hadd punishment is not carried out on him? Question: I would like to know if a person commits fornication and 206

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he truely repents towards Allah would he be forgiven in the hereafter if the hadd of hundred lashes is not carried out on him in this world.Can only repentance expiate him from this sin or unless and untill the hadd is not carried out on him he can never be forgiven and will be punished in the hereafter.Please answer in accordance with Quran and sunnah.I will be very grateful. Answer: Praise be to Allaah. The carrying out of the hadd punishment for a sin for which that punishment has been prescribed is an expiation for that sin. Sincere repentance from sin is also an expiation for sin, and “the one who repents from sin is like the one who did not sin.” And Allaah will turn his bad deeds into good deeds. If he is sincere in his repentance, and prays a great deal for forgiveness, then he does not have to confess so that the hadd punishment may be carried out on him. Rather repentance is sufficient, in sha Allaah. Allaah says (interpretation of the meaning): “And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse ___ and whoever does this shall receive the punishment. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace; Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allaah 207

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will change their sins into good deeds, and Allaah is OftForgiving, Most Merciful. And whosoever repents and does righteous good deeds; then verily, he repents towards Allaah with true repentance” [al-Furqaan 25:68-71] It was narrated from ‘Ubaadah ibn al-Saamit (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Give me your oath of allegiance and your pledge that you will not associate anything in worship with Allaah, or steal, or commit adultery, or kill your children, or utter slander, intentionally forging falsehood (i.e. by making illegal children belonging to their husbands) [cf. al-Mumtahanah 60:12], or disobey with regard to anything that is good. Whoever among you fulfils this pledge, Allaah will reward him, and whoever does any of these things and is punished in this world, that will be an expiation for him. Whoever does any of these things and Allaah conceals it for him, then it is up to Allaah: if He wills He will forgive him and if He wills He will punish him.” Narrated by al-Bukhaari, 18; Muslim, 1709. In Saheeh Muslim (1695) it says that when Maa’iz came to the Prophet (peace and blessings of Allaah be upon him) and confessed that he had committed zina and said, “Purify me (i.e., carry out the hadd punishment on me)”, he said to him, “Woe to you, go back and ask Allaah for forgiveness and repent to Him.” Al- Nawawi said: This hadeeth indicates that the burden of sin is lifted from one who repents from major sins, and this is according to the consensus of the Muslims. 208

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Al-Haafiz Ibn Hajar said: From this case – i.e. the case of Maa’iz when he confessed zina – it may be understood that it is mustahabb for the one whose case is similar to repent to Allaah and to conceal himself and not mention his sin to anyone… This was affirmed by al-Shaafa’i who said: I prefer for the one who has committed a sin and been concealed by Allaah to conceal it himself and to repent. Fath al-Baari, 12/ 124, 125 And it was narrated from ‘Abd-Allaah ibn ‘Umar (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Avoid these sins that Allaah has forbidden, but whoever does any of them, let him conceal himself with the concealment of Allaah and repent to Allaah, for whoever tells us of what he has done, we will carry out (the punishment prescribed in) the Book of Allaah on him.” It was also narrated by al-Haakim in al-Mustadrak ‘ala al-Saheehayn (4/425) and by al-Bayhaqi (8/330); classed as saheeh by al-Albaani in Saheeh al-Jaami’, 149. For more information please see the answers to questions no. 624, 23485, 20983 and 728. Islam Q&A (www.islam-qa.com) 21058: The punishment for lesbianism Question: I know that homosexuality is haram, but I wanted to know the punishment for it. I was told by a fellow sister that it 209

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is the same as if someone committed zinah. The lashing if you are unmarried, and stoning if your married. So which is correct for the punishment of this great sin?????. Answer: Praise be to Allaah. Lesbianism means a woman having sexual relations with another woman. This is undoubtedly haraam, and some scholars regard it as a major sin. See al-Zawaajir ‘an Iqtiraaf al-Kabaa’ir, no. 362. The imams are agreed that there is no hadd punishment for lesbianism because it is not zina (unlawful sexual intercourse), rather it is to be punished with a ta’zeer punishment in which the judge punishes the one who does that with a punishment which will deter her and others from doing this haraam action. It says in al-Mawsoo’ah al-Fiqhiyyah (24/252): The fuqaha’ are agreed that there is no hadd punishment for lesbianism, because it is not zina. Rather a ta’zeer punishment must be imposed, because it is a sin. Ibn Qudaamah said (9/59): If two women engage in lesbian sexual relations, then they are guilty of zina and are cursed, because it was narrated that the Prophet (peace and blessings of Allaah be upon him) said: “If a woman has sexual relations with another woman, then they are both guilty of zina.” There is no hadd punishment for them because they did not have intercourse, rather it is likened to intimate relations that are less than intercourse, and they are to be subjected to a ta’zeer punishment. 210

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It says in Tuhfat al-Muhtaaj, 9/105: There is no hadd punishment for a woman who has sexual relations with another woman, rather they should be punished with a ta’zeer punishment. Some people think that the punishment for lesbianism is the same as the punishment for zina, because of the hadeeth quoted by Ibn Qudaamah as referred to above. This hadeeth was narrated by al-Bayhaqi from Abu Moosa (may Allaah be pleased with him), who said that the Prophet (peace and blessings of Allaah be upon him) said: “If a man has sexual relations with another man, they are both guilty of zina, and if a woman has sexual relations with another woman they are both guilty of zina.” This hadeeth is da’eef (weak); it was classed as da’eef by al-Albaani in Da’eef al-Jaami’, 282. Al-Shawkaani said in Nayl al-Awtaar (7/287): Its isnaad includes Muhammad ibn ‘Abd al-Rahmaan whom Abu Haatim described as kaadhib (a liar). AlBayhaqi said: I do not know him. So the hadeeth is munkar (rejected) with this isnaad. End quote. Even if the hadeeth were saheeh, it is to be understood as meaning that they are guilty of zina in the sense that they are sinning, not with regard to hadd punishment. This was the view of al-Sarkhasi in al-Mabsoot, 9/78. And the Prophet (peace and blessings of Allaah be upon him) said: “Every son of Adam has his share of zina. For the eyes may commit zina and their zina is looking; the hands may commit zina and their zina is touching; the feet may commit zina and their zina is walking; the mouth may commit zina and its zina is kissing. The heart desires and wishes and the private parts confirm that or deny it.” 211

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Narrated by al-Bukhaari, Muslim, and Ahmad. This version narrated by Ahmad, 8321. And Allaah knows best. Secondly: The person who is faced with this problem has to hasten to repent to Allaah, and strive to treat this disease. Some of the ways of treating it are: - Fearing Allaah and worshipping Him and loving Him sincerely, and being serious about that. Allaah says (interpretation of the meaning): “Thus it was, that We might turn away from him evil and illegal sexual intercourse. Surely, he was one of Our chosen, (guided) slaves” [Yoosuf 12:24] - Lowering the gaze, for this is one of the most effective means of purifying the soul. So if a person sees something that attracts him, he should not look again. - Remembering the dead whose deeds have come to an end, so they are not able to wipe out their bad deeds or do more good deeds. - Keeping oneself busy with beneficial things. - Marriage, and hastening to get married if possible. Thirdly: Undoubtedly falling into sin and transgressing the sacred limits of Allaah are among the causes of the punishments that befall people en masse or individually. Punishment comes by the will of Allaah because of sin and affects a person in his religious commitment or in his spiritual or 212

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physical well-being. These punishments may come in this world, in the grave and in the Hereafter. Ibn al-Qayyim (may Allaah have mercy on him) said: There are more than fifty types of effects of sin which are dealt with in detail in the book al-Daa’ wa’l-Dawaa’. When discussing the means of being patient in avoiding sin, in his book Tareeq al-Hijratayn, he mentioned that some of the effects of sin are: blackness of face and darkness in the heart; stress, worry, grief, anxiety and hardheartedness; being forsaken by Allaah, so He does not help or support one; sickness in the heart which, if chronic, leads to death, for sins inevitably deaden the heart. Another effect is humiliation after being honoured; feeling alienated after feeling at ease; feeling far away from Allaah after having found peace of mind in Him; poverty after richness, for he was rich and had capital, which is faith, then when he lost his capital he became poor and deprived, and he can only get that wealth back by repenting sincerely and striving hard; loss of provision, for a person is deprived of provision as a result of sins that he commits. A seal and stain on the heart, for when a person commits sin a black spot appears on his heart, but if he repents it disappears. Allaah, His angels and His slaves turn away from him, for when a person turns away from obedience to Allaah and becomes busy with sin, Allaah and His angels turn away from him. In conclusion, the effects of sin are many more than a person can grasp, and the effects of obedience are many more than a person can comprehend. The best of this world and the Hereafter are to be found in obeying Allaah and the worst of this world and the Hereafter are all to be found in disobeying Allaah. And Allaah knows best. Islam Q&A (www.islam-qa.com) 213

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20848: He hugged his sister when they were both naked Question: When I was 13 years old (adult) I took my sister and hugged her naked. Our gentles touched. But there was no penetration. After 23 years I feel miserable. I want to know is my action subject to hadd If I repent do I need to confess so hadd can be carried on me or is repentenc enough. Answer: Praise be to Allaah. You have to repent to Allaah from this evil and reprehensible action, and regret what you have done, and resolve never to return to anything like this. Whoever repents, Allaah will accept his repentance, as the Prophet (peace and blessings of Allaah be upon him) said: “Allaah accepts the repentance of the one who repents.” Narrated by al-Bukhaari, 6426; Muslim, 1048. It is obligatory to repent from the great sin that you have committed. We ask Allaah to forgive us and you, and to help you to repent sincerely. You deserve to feel sorry and to regret what you did, because a man should protect his family and fight to defend their honour. (Whoever dies defending his honour is a shaheed or martyr). So how could he be the aggressor and sinner? Perhaps this incident will make you more certain of the importance of raising children with moral values and separating them in their beds, and keeping them away from the things that may lead to evil and the things that may provoke desires in them and make them fall into evil. 214

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After all of this we advise you to cover yourself and not tell anyone of what happened. There is no hadd punishment to be carried out on you, rather all you have to do is repent sincerely and do a lot of good deeds (because good deeds wipe out bad deeds). And Allaah knows best. Islam Q&A (www.islam-qa.com) 20824: The reasons for capital punishment in Islam Question: I’d like to know the reasons , justifications and conditions for the enforcement of capital punishment in Islam. Answer: Praise be to Allaah. Capital punishment applies in the case of a person who meets any of the following conditions: 1 – The apostate. The apostate is one who disbelieves after being a Muslim, because the Prophet (peace and blessings of Allaah be upon him) said: “Whoever changes his religion, execute him.” Narrated by al-Bukhaari, 6524. 2 – The married adulterer. The punishment in this case is to be stoned to death. Al-muhsan or the married person here means one who got married and had intercourse with his wife in the vagina, in a legitimate marriage in which both parties are free, of sound mind and adults. If a married man or woman commits adultery, then they are to be stoned to death, 215

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because the Prophet (peace and blessings of Allaah be upon him) said: “Learn from me. Allaah has given them a way out. If an unmarried person commits fornication with an unmarried person, (the punishment is) one hundred lashes and exile for one year. If a married person commits adultery with a married person, (the punishment is) one hundred lashes and stoning.” (Narrated by Muslim, 1690). And al-Bukhaari (2725) and Muslim (1698) narrated from Abu Hurayrah and Zayd ibn Khaalid al-Juhani (may Allaah be pleased with them) that they said: “Two men from among the Bedouin came to the Messenger of Allaah (peace and blessings of Allaah be upon him) and said, ‘O Messenger of Allaah, I adjure you by Allaah to judge me according to the Book of Allaah.’ The other disputant – who was smarter – said: ‘Yes, judge between us according to the Book of Allaah and give me permission to speak first.’ The Messenger of Allaah (peace and blessings of Allaah be upon him) said, ‘Speak.’ He said, ‘My son was employed by this man, and he committed adultery with his wife. I was told that the punishment for my son would be stoning, but that he could be ransomed for one hundred sheep and their offspring. I asked the people of knowledge and they told me that the punishment for my son would be one hundred lashes and exile for one year, and that this woman would be stoned.’ The Messenger of Allaah (S) said: ‘By the One in Whose hand is my soul, I will judge between you according to the Book of Allaah. The offspring and sheep will be returned (i.e., there is no ransom), and your son is to be given one hundred lashes and exiled for one year. O Unays [who was one of the Sahaabah], go tomorrow to that woman and if she admits (this crime) then stone her.’ So 216

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he went to her the next day and she admitted it, and the Messenger of Allaah (peace and blessings of Allaah be upon him) issued orders that she be stoned. 3 – The murderer (one who kills deliberately). He is to be killed in retaliation (qisaas) unless the victim’s next of kin let him off or agree to accept the diyah (blood money), because Allaah says (interpretation of the meaning): “O you who believe! Al-Qisaas (the Law of Equality in punishment) is prescribed for you in case of murder: the free for the free, the slave for the slave, and the female for the female. But if the killer is forgiven by the brother (or the relatives) of the killed against blood money, then adhering to it with fairness and payment of the blood money to the heir should be made in fairness. This is an alleviation and a mercy from your Lord. So after this whoever transgresses the limits (i.e. kills the killer after taking the blood money), he shall have a painful torment” [al-Baqarah 2:178] “And there is (a saving of) life for you in Al-Qisaas (the Law of Equality in punishment), O men of understanding, that you may become Al-Muttaqoon (the pious)” [al-Baqarah 2:179] And the Prophet (peace and blessings of Allaah be upon him) said: “It is not permissible (to shed) the blood of a Muslim who bears witness that there is no god but Allaah and that I am the Messenger of Allaah, except in three cases: a married adulterer, a soul for a soul, or one who leaves the religion and splits from the jamaa’ah.” Narrated by al-Bukhaari, 6484; Muslim, 1676). 4 – Bandits, i.e., al-muhaarib, the one who wages war against Allaah and His Messenger. Allaah says (interpretation of the meaning): 217

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“The recompense of those who wage war against Allaah and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and their feet be cut off from opposite sides, or be exiled from the land. That is their disgrace in this world, and a great torment is theirs in the Hereafter” [al-Maa’idah 5:33] 5 – Spies. The spy is the one who spies on the Muslims and transmits information to their enemies. The evidence for that is the report narrated by al-Bukhaari (3007) and Muslim (2494) which says that Haatib ibn Abi Balta’ah wrote to some of the mushrikeen in Makkah telling them some information about the Messenger of Allaah (peace and blessings of Allaah be upon him). The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “O Haatib, what is this?” He said, “O Messenger of Allaah, do not hasten to judge me. I was a man closely connected to Quraysh, but I did not belong to this tribe, while the other Muhaajireen with you had their relatives in Makkah who would protect their families and property. So I wanted to make up for my lack of blood ties to them by doing them a favor so that they might protect my family. I did not do this because of disbelief or apostasy nor out of preferring kufr (disbelief) to Islam.” The Messenger of Allaah (peace and blessings of Allaah be upon him) said, “He has told you the truth.” ‘Umar said, “O Messenger of Allaah! Let me chop off the head of this hypocrite!” The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “He was present at the battle of Badr, and you do not know, perhaps Allaah looked at the people of Badr and said, ‘Do whatever you like, for I have forgiven you.’” The point in this hadeeth is that the Prophet (peace and blessings of Allaah be upon him) agreed with ‘Umar that 218

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Haatib deserved to be executed for this action, but the Prophet (peace and blessings of Allaah be upon him) told him that there was a reason why he should not be killed, which is that he was one of those who was present at the battle of Badr. Ibn al-Qayyim said in Zaad al-Ma’aad (2/115) concerning the hadeeth of Haatib ibn Abi Balta’ah: This was quoted as evidence by those who do not think that the Muslim spy should be killed, such as al-Shaafa’i, Ahmad and Abu Haneefah (may Allaah have mercy on them). And it was quoted as evidence by those who think that the spy should be killed, such as Maalik and Ibn ‘Aqeel among the companions of Ahmad, and others. They said: This is because the reason for not killing him was that he had been present at Badr. If being Muslim was the reason for not killing him, he would not have given a reason that is more specific, which is the fact that he had been present at Badr. And he said elsewhere in Zaad al-Ma’aad (3/422): The correct view is that execution of a spy depends on the opinion of the ruler; if executing him is in the Muslims’ interests, he should be executed, but if letting him live serves a greater interest, then he should be allowed to live. And Allaah knows best. The above also includes the one who does not pray, the one who practices witchcraft, and the heretic, because they come under the heading of “the one who leaves his religion and splits from the jamaa’ah.” With regard to the conditions of implementing this punishment, there are many. Each crime has its own specific conditions, details of which may be found in the books of fiqh. 219

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To learn more about the wisdom behind executing the apostate and the married adulterer, see question no. 20327. And Allaah knows best. Islam Q&A (www.islam-qa.com) 21716: She fed her mother something harmful and she died Question: My mother told me not to cook a certain type of herb, and she said, “If you cook these herbs it will make me die, because I cannot stand to smell them.” Note that these herbs are permissible according to sharee’ah. And in fact after my mother and I ate some of these herbs for dinner, she died a few hours later. Am I guilty of sin for that? Did I have a hand in my mother’s death? Is there any sin on me for that?. Answer: Praise be to Allaah. If the situation is as you describe in the question, then you have sinned because this was disobedience and bad treatment towards her. You are guilty of sin since you knew that your mother was bothered by (that food) and that she had told you not to cook it. So you were sinning by doing that, and you were disobedient, severing the ties of kinship and disobeying your mother. You have to pay the diyah (blood money) because your act is counted as semi-deliberate killing. You also have to offer expiation (kafaarah), which is to free a believing slave; if you cannot 220

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do that, then you have to fast for two consecutive months, i.e., for sixty days. And you must also repent to Allaah. We ask Allaah to accept your repentance and ours, and to help us to do all that is good. Majmoo’ Fataawa wa Maqaalaat Mutanawwi’ah li’lShaykh Ibn Baaz, 6/22. (www.islam-qa.com) 8981: She committed adultery when she was a minor – should the hadd punishment be carried out on her? Question: What is the punishment for a girl found guilty of adultery if she has not even reached her puberty that is she is still a minor ?. Answer: Praise be to Allaah. The sin of adultery (zina: unlawful sexual relationship) is a major sin which Allaah has mentioned in conjunction with kufr, shirk and murder, as He says (interpretation of the meaning): “And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse and whoever does this shall receive the punishment. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace” 221

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[al-Furqaan 25:69] Al-Qurtubi said: The followers of all religions are agreed that adultery is forbidden; no religion regards it as permissible. Hence the punishment for it is one of the most severe punishments, because it is a crime against honour and lineage, which is one of the five basic principles that Islam seeks to protect, namely life, religion, lineage, reason and wealth. Tafseer al-Qurtubi, 24/20, 21 1 – If a woman has been previously married – i.e., a legitimate marriage with her has been consummated – then her punishment is to be stoned to death. ‘Umar ibn al-Khattaab (may Allaah be pleased with him) said, when he was sitting on the minbar of the Messenger of Allaah (peace and blessings of Allaah be upon him): “Allaah sent Muhammad (peace and blessings of Allaah be upon him) with the truth, and revealed to him the Book. One of the things that He revealed was the verse of stoning, which we have read and understood. The Messenger of Allaah (peace and blessings of Allaah be upon him) carried out the punishment of stoning and we did so after him. I fear that as time goes by, people will say, ‘We do not find any mention of stoning in the Book of Allaah,’ so they will go astray by forsaking an obligation that was revealed by Allaah. In the Book of Allaah, stoning is the punishment deserved by any previously-married person, man or woman, who commits adultery, if proof is established, or pregnancy results, or he or she confesses.” (Narrated by al-Bukhaari, 2462; Muslim, 1691) 2 – If the woman is a virgin – i.e., she is not married yet 222

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or the marriage contract has been done but her husband has not yet consummated the marriage with her – then the punishment is one hundred lashes and exile from her country for a year, as stated in the hadeeth of ‘Ubaadah ibn al-Saamit, who narrated that the Prophet (peace and blessings of Allaah be upon him) said: “Receive (teaching) from me. Allah has ordained a way for those (women). When an unmarried male commits adultery with an unmarried female (they should receive) one hundred lashes and banishment for one year. And in the case of a married male committing adultery with a married female, they shall receive one hundred lashes and be stoned to death.” (Narrated by Muslim, 1690). If the adulterer or adulteress is a minor below the age of puberty, then there is no punishment to be carried out, according to all scholars. Ibn Qudaamah (may Allaah have mercy on him) said: With regard to puberty and sound mind, the scholars are agreed that both are conditions of punishment being obligatory. Al-Mughni, 8/134. The evidence for that is the words of the Messenger of Allaah (peace and blessings of Allaah be upon him): “The Pen has been lifted from three, from the sleeper until he awakes, from the minor until he grows up, and from the insane until he regains his reason.” (Narrated by alNasaa’i, 3432; classed as saheeh by al-Albaani in Saheeh al-Nasaa’i, 3210). But the minor boy or girl should be punished, with something less than the hadd punishment, in a manner that will deter them from doing this action. And their 223

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guardian must also be punished if there was any shortcoming on his part, such as allowing his daughter to mix with boys or being careless concerning such matters. The girl has to conceal what she has done, and her guardian must also conceal it, because the Prophet (peace and blessings of Allaah be upon him) said: “Avoid these filthy things that Allaah has forbidden. Whoever has done any of them, let him conceal himself with the concealment of Allaah, and let him repent to Allaah…” (Narrated by al-Haakim; classed as saheeh by al-Albaani in Saheeh al-Jaami’, 149). If the signs of puberty are present in the boy or the girl, then he or she becomes accountable (mukallif) thereby. Information on these signs may be found in Questions Nos. 21246 and 13262. And Allaah knows best. Islam Q&A (www.islam-qa.com) 7545: He has repented from stealing from the kuffaar Question: I live in a non-muslim country and for a long time was committing many sins, but, alhamdu_lillah who has guided me to his straight path I have repented. However, before I repented I use to do things such as steal from shops, cheat the government for social security money, take public transport without paying and things of that nature (may Allah forgive me). If I inform the authority of these things I will be imprisoned in non-muslim environment! please tell me what I should do! and please ask Allah to forgive me. 224

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Answer: Praise be to Allaah. Praise be to Allaah Who has honoured you by enabling you to repent, We ask Allaah to guide us all to the Straight Path and to make us steadfast in following it until death. You should note that it is not permissible for the Muslims to cheat anyone and take his money unlawfully, even if he is a kaafir. If the Muslim commits any sin, whether stealing or anything else, then repents before the matter is referred to the judge, then he is spared the punishment in that case, and it is not permissible to punish him, because Allaah says concerning banditry (interpretation of the meaning): “The recompense of those who wage war against Allaah and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and their feet be cut off from opposite sides, or be exiled from the land. That is their disgrace in this world, and a great torment is theirs in the Hereafter. Except for those who (having fled away and then) came back (as Muslims) with repentance before they fall into your power; in that case, know that Allaah is OftForgiving, Most Merciful” [al-Maa’idah 5:33-34] And the Prophet (peace and blessings of Allaah be upon him) said: “The one who repents from sin is like one who never sinned.” And the one who did not sin cannot be punished. Al-Ikhtiyaaraat al-Fiqhiyyah, p. 510-526; al-Mughni, 12/ 484 225

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It was narrated from ‘Abd-Allaah ibn ‘Umar (may Allaah be pleased with them both) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said, after al-Aslami had been stoned, “Avoid these immoral actions that Allaah has forbidden. Whoever does any of them, let him conceal that which Allaah has concealed, and let him repent to Allaah, for whoever tells us what he has done, we will carry out the ruling mentioned in the Book of Allaah on him.” (Narrated by al-Haakim in al-Mustadrak ‘ala’l-Saheehayn, 4/425; al-Bayhaqi, 8/330. This hadeeth was classed as saheeh by al-Haakim, Ibn al-Sakan and Ibn al-Mulaqqin). See al-Talkhees al-Habeer, 4/57; Khalaasat al-Badr alMuneer, by Ibn al-Mulaqqin, 2/303. Based on this, you do not have to go to the authorities and tell them about your stealing, rather it is sufficient for you to repent sincerely. But you have to return the money to its owners, because your repentance is not valid otherwise. You do not have to tell them that this is money that you stole from them, especially if you are afraid that they will put you in prison. What matters is returning the money etc to its owners. So you could put it in an envelope, or give it to someone who will give it to them, etc. You must also return the government’s money, and the money of other people. If you do not know exactly how much the money was, then estimate what you think is most likely, i.e., pay until you are sure that you have done what you must do. If you do not know who the owners of the money are, then you can give it in charity on their behalf. Islam Q&A (www.islam-qa.com)

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31234: He bought things and has not paid for them Question: My husband bought some things from some of the kuffaar using a credit card, and he had not paid for them. Is this stealing?. Answer: Praise be to Allaah. Undoubtedly a person who buys something then does not pay for it is stealing it, and stealing is a major sin, for which the Lawgiver has stipulated the hadd punishment of cutting off the right hand: “And (as for) the male thief and the female thief, cut off (from the wrist joint) their (right) hands as a recompense for that which they committed, a punishment by way of example from Allaah” [al-Maa’idah 5:38 – interpretation of the meaning] The one who does this must also give back to people what is rightfully theirs. Whoever does not this is exposing himself to punishment and disgrace. 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, none of you takes something that is not rightfully his but he will meet Allaah carrying it on the Day of Resurrection. I shall certainly recognize some of you coming to meet Allaah carrying a camel bellowing, or a cow mooing, or a sheep bleating.” Then he raised his hand so high that I could see the whiteness of his armpit and said, “O Allaah, have I conveyed (the 227

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message)?” (Narrated by al-Bukhaari, 6578; Muslim, 1832). This person can return the property to its owner in whatever way he sees fit, without exposing his identity to him. If the person from whom it was stolen is in a place that he cannot reach, or he does not know who he is, then he has to give the value of the item in charity on behalf of its owner. If he knows the person then he may give him the choice between his accepting the fact that he gave charity on his behalf or taking what is rightfully his. If he chooses the charity option, he will have the reward of that, otherwise he (the thief) must give him what is rightfully his, and the (reward for) charity will go to the one who has repented, if his repentance is sincere. Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: If you have stolen from a person or from an organization, then you have to contact the person from whom you stole, and tell him “I have such and such that belongs to you.” Then you have to come to an agreement. But a person may feel that this is too difficult and that he cannot go to a person and say – for example – “I stole such and such from you and I took such and such from you.” In this case, he can make sure that this money – for example – reaches him in another, indirect, manner. For example, he could give it to one of the person’s friends, tell him the story and say, “I have now repented to Allaah and I hope that you will give it to him.” If he does that, then 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)” [al-Talaaq 65:2] 228

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“and whosoever fears Allaah and keeps his duty to Him, He will make his matter easy for him” [al-Talaaq 65:4] If we assume that you have stolen from someone and you do not know who he is or where he is, then this is easier, because you can give in charity an amount equal to what you stole, with the intention that the reward be for the owner (of the stolen goods). In that case you will have discharged your duty. The story told by the questioner shows that a person must keep away from such things, because he may steal in a moment of ignorance and foolishness, and not get caught, but then if Allaah blesses him with guidance, he will have a hard time ridding himself of that. Fataawa Islamiyyah, 4/162 The scholars of the Standing Committee said, concerning a soldier who stole from a person: If he knows who the person is or knows someone who knows him, then he has to look for him and give him his silver coins, or the equivalent, or whatever he agrees upon with him. But if he does not know who he is, or he thinks that he will never find him, then he should give an equivalent amount of money in charity on behalf of the owner. Then if he finds him after that, he should tell him what he has done. If he accepts what he has done (giving charity), all well and good; and if does not accept what he did and asks him for his money, he should give it to him, and the (reward for) the charity will then be his. And he must ask Allaah for forgiveness and repent to him, and make du’aa’ for the owner. Fataawa Islamiyyah, 4/165

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And Allaah knows best. Islam Q&A (www.islam-qa.com) 20037: What is the punishment for one who drinks alcohol, and are his prayer and fasting valid? Question: What is the punishment or penalty when one has drunken alcohol? Can the person make salaat/ramadan? Answer: Praise be to Allaah. Allaah says (interpretation of the meaning): “O you who believe! Intoxicants (all kinds of alcoholic drinks), and gambling, and AlAnsaab, 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] In Saheeh al-Bukhaari (2295) and Saheeh Muslim (86) it is narrated that Abu Hurayrah (may Allaah be pleased with him) said: the Prophet (peace and blessings of Allaah be upon him) said: “No one who commits zina is a believer at the moment when he is committing zina, and no one who drinks wine is a believer at the moment when he is drinking it, and no thief is a believer at the moment when 230

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he is stealing, and no robber is a believer at the moment when he is robbing and the people are looking on.” This means that such a person is not a believer in the sense of having complete faith, rather his faith is greatly lacking because of this evil action. It is also narrated in al-Bukhaari (5147) and Muslim (3736) from ‘Abd-Allaah ibn ‘Umar (may Allaah be pleased with them both) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Whoever drinks wine in this world and does not repent from that, he will be deprived of it in the Hereafter.” In Sunan Abi Dawood (3189) it is narrated that Ibn ‘Umar (may Allaah be pleased with them both) said: the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Allaah has cursed alcohol, the one who drinks it, the one who pours it, the one who sells it, the one who buys it, the one who squeezes it (squeezes the grapes, etc), the one for whom it is squeezed, the one who carries it and the one to whom it is carried.” (Classed as saheeh by al-Albaani in Saheeh Abi Dawood, 2/700) In Sunan al-Nasaa’i (5570) it is narrated that Ibn alDaylami said to ‘Abd-Allaah ibn ‘Amr, “O ‘Abd-Allaah ibn ‘Amr, did you hear the Messenger of Allaah (peace and blessings of Allaah be upon him) say anything about wine?” He said, “Yes, I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say, ‘If any man from among my ummah drinks wine, Allaah will not accept his prayers for forty days.’” This was classed as saheeh by al-Albaani in al-Silsilat al-Saheehah (709). What this means is that he will not be rewarded for them, but he is still obliged to pray; in fact he is obliged to do all the prayers. If he forsakes prayer during this time, he will be committing one of the worst of major sins, one which some of the scholars said amounts to kufr, Allaah forbid. 231

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There are very many ahaadeeth and reports which state that alcohol is emphatically forbidden and that it is the mother of all evils; whoever falls into this sin, it will lead him into other evil actions. We ask Allaah to keep us safe and sound. With regard to the punishment of the drinker in this world, the punishment is flogging, according to the consensus of the fuqaha’, because of the report narrated by Muslim (3281) from Anas (may Allaah be pleased with him), who said that the Prophet (peace and blessings of Allaah be upon him) flogged the one who had drunk wine with palm branches stripped of their leaves and with shoes. But there is some difference of opinion as to the number of lashes. The majority of scholars are of the view that it is eighty lashes for a free man and forty for others. They quoted as evidence the hadeeth of Anas quoted above, in which it says that a man who had drunk wine was brought to the Prophet (peace and blessings of Allaah be upon him), and he had him flogged forty times with two palm branches that had been stripped of their leaves. Abu Bakr also did likewise (during his caliphate). When ‘Umar was the caliph, he consulted the people and ‘Abd al-Rahmaan said, “The minimum punishment is eighty,” so that is what ‘Umar commanded. The Sahaabah agreed with ‘Umar (may Allaah be pleased with him) and did not differ. The Council of Senior Scholars is agreed that the punishment for one who drinks wine is the hadd punishment, which is eighty lashes. Some of the scholars – such as Ibn Quddamah (may Allaah have mercy on him) and Shaykh al-Islam [Ibn Taymiyah] in al-Ikhtiyaaraat – think that giving more than forty lashes is left to the discretion of the Muslim leader. So if he thinks that there is a need to give more than forty lashes, 232

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as happened at the time of ‘Umar, then he may make it eighty. And Allaah knows best.” (See Tawdeeh al-Ahkaam, 5/330) With regard to the wine-drinker’s prayer and fasting, undoubtedly he is obliged to perform the prayers on time and to fast in Ramadaan. If he neglects any of his prayers or fasts, then he is committing a major sin which is worse than the sin of drinking alcohol. If he drinks wine during the day in Ramadaan then he is committing two major sins: the first is breaking the fast during the day in Ramadaan and the second is drinking alcohol. He should note that if a Muslim falls into sin and is unable to repent because his faith is weak that does not justify him persisting in sin or failing to do acts of worship and being negligent concerning them. Rather he should do whatever he can of acts of worship and strive to give up the major sins that he is committing. We ask Allaah to help us to avoid sins, both major and minor, for He is the AllHearing, Ever Near. And Allaah knows best. Islam Q&A (www.islam-qa.com) 20327: Why is the apostate to be executed in Islam? Question: As a non Muslim, I find myself Intrigued and attracted to your faith. However, I find it difficult to comprehend how a man can be sentenced to death for speaking( Salman Rushdie). I would have thought that we as humans do not have that right to make those decisions, only god can? Answer: Praise be to Allaah. 233

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We thank you for your confidence in us and for sending this question to us, and we appreciate your being intrigued by our beliefs and your eagerness to find out the answer. We welcome you as a visitor and reader and learner. What stood out from your letter is that you are impressed with the religion of Islam. This is a good sign for us and for you. We are happy for our religion to reach people like you who are seeking for the truth. Our Prophet (peace and blessings of Allaah be upon him) told us that this religion would reach all places on this earth. It was narrated that Tameem al-Daari said: “I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say: ‘This matter (i.e., Islam) will certainly reach everywhere that night and day reach, and Allaah will not leave any house or tent [i.e., all dwellings, in towns and in the desert], but Allaah will cause this religion to enter it, and some people will be honoured because of it [by converting] and others will be humiliated because of it [for refusing to embrace it], and they will be ruled by the Muslims, an honour which Allaah will bestow on Islam and a humiliation which He will inflict on kufr (disbelief).” (Narrated by Ahmad, 16344; classed as saheeh by alAlbaani in al-Silsilah al-Saheehah, 3). In your case, your admiration for Islam will motivate you to find out what this pure monotheistic religion teaches, and how it is in accordance with sound human nature and common sense. We advise you to avoid completely and preconceptions that may influence you and take your time in reading about the teachings of the Islamic religion. Perhaps you could read material on this site about Islam, such as questions no. 219, 21613, 20756, 10590. With regard to your question, “However, I find it difficult to comprehend how a man can be sentenced to death for 234

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speaking. I would have thought that we as humans do not have that right to make those decisions, only god can” – what you say is correct, because no-one has the right to condemn another person to death without evidence from the Book of Allaah and the Sunnah of the Messenger of Allaah (peace and blessings of Allaah be upon him). The ruling of execution because of a word that somebody utters is what the Muslim scholars call al-riddah (apostasy). What is apostasy and what constitutes apostasy? What is the ruling on the apostate (al-murtadd)? 1 – Riddah (apostasy) refers to when a Muslim becomes a disbeliever by saying a clear statement to that effect, or by uttering words which imply that (i.e., which imply kufr or disbelief), or he does something that implies that (i.e., an action which implies kufr or disbelief). 2 – What constitutes apostasy The matters which constitute apostasy are divided into four categories: (a) Apostasy in beliefs, such as associating others with Allaah, denying Him, or denying an attribute which is proven to be one of His attributes, or by affirming that Allaah has a son. Whoever believes that is an apostate and a disbeliever. (b) Apostasy in words, such as insulting Allaah or the Messenger (peace and blessings of Allaah be upon him). (c) Apostasy in actions, such as throwing the Qur’an into a filthy place, because doing that shows disrespect towards the words of Allaah, so it is a sign that one does not believe. Other such actions include prostrating to an idol or to the sun or moon. (d) Apostasy by omission, such as not doing any of the 235

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rituals of Islam, or turning away from following it altogether. 3 – What is the ruling on the apostate? If a Muslim apostatizes and meets the conditions of apostasy – i.e., he is of sound mind, an adult and does that of his own free will – then his blood may be shed with impunity. He is to be executed by the Muslim ruler or by his deputy – such as the qaadi or judge, and he is not to not be washed (after death, in preparation for burial), the funeral prayer is not to be offered for him and he is not to be buried with the Muslims. The evidence that the apostate is to be executed is the words of the Prophet (peace and blessings of Allaah be upon him): “Whoever changes his religion, execute him.” (Narrated by al-Bukhaari, 2794). What is meant by religion here is Islam (i.e., whoever changes from Islam to another religion). The Prophet (peace and blessings of Allaah be upon him) said: “It is not permissible to shed the blood of a Muslim who bears witness that there is no god except Allaah and that I am His Messenger, except in one of three cases: a soul for a soul (i.e., in the case of murder); a married man who commits adultery; and one who leaves his religion and splits form the jamaa’ah (main group of Muslims).” (Narrated by al-Bukhaari, 6878; Muslim, 1676) See al-Mawsoo’ah al-Fiqhiyyah, 22/180. Thus it will be clear to you that execution of the apostate is something that is commanded by Allaah, when he commanded us to obey the Messenger (peace and blessings of Allaah be upon him), as He says (interpretation of the meaning): “O you who believe! Obey Allaah and obey the Messenger 236

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(Muhammad), and those of you (Muslims) who are in authority” [al-Nisa’ 4:59] And the Messenger of Allaah (peace and blessings of Allaah be upon him) has commanded us to execute the apostate as in the hadeeth quoted above: “Whoever changes his religion, execute him.” It may need some time for you to be convinced about this matter, and for you to think about it. Perhaps you think that if a person follows the truth and enters into it and embraces the one true religion which Allaah has enjoined, then we allow him to leave it quite easily whenever he wants and to utter the words of kufr (disbelief) that put him outside of Islam, so he can reject Allaah, His Messenger, His Books and His religion, and there is no punishment as deterrent, how will that affect him and others who enter the religion? Do you not see that this would make the one true religion, that everyone should follow, like a shop or store which a person can enter when he wants and leave when he wants, and it may encourage others to forsake the truth. Moreover, this is not someone who has never known the truth and practiced it and worshipped in accordance with it; rather this is a person who has known the truth, and practiced the religion and done the rituals of worship, so the punishment is no greater than he deserves. Moreover, such strong rulings as this are only applied to such a person whose life is no longer considered to be useful, because he knew the truth and followed the religion, then he left it and forsook it. What soul can be more evil than the soul of such a person? In conclusion, the answer is that Allaah is the One Who 237

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revealed this religion and enjoined it. He is the One Who ruled that the one who enters it and then leaves it is to be executed. This ruling does not come from the Muslims’ ideas or suggestions. As this is the case, then we must follow the ruling of Allaah so long as we are content to accept Him as our Lord and God. May Allaah help us and you to do that which He loves and which pleases Him. We thank you once again. Peace be upon those who follow true guidance. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 10050: Why does Islam forbid lesbianism and homosexuality? Question: Could you please tell me that why is a homosexuality a sin in islam? I know it’s a great sin but my question is why? I haven’t able to find the real reason why? So— if you could can you also tell me that what Allah has says in Quran or in hadith about it. Please let me know as soon as possible. Answer: Praise be to Allaah. The Muslim should not doubt, even for an instant, that what Allaah has prescribed is wise. He should know that there is great wisdom in what Allaah has commanded and what He has forbidden; it is the straight path and is the 238

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only way in which man can be safe and at peace, protecting his honour, his mind and his health, in accordance with the natural disposition (fitrah) with which Allaah has created man. Some heretics have tried to attack Islam and its rulings; they have denounced divorce and plural marriage and permitted alcohol. Those who look at the state of their societies will see the state of misery which those societies have reached. When they rejected divorce, murder took its place. When they rejected plural marriage, men started to take mistresses instead. When they allowed alcohol, all kinds of shameful and immoral actions became widespread. They (gays and lesbians) both go against the natural disposition (fitrah) which Allaah has created in mankind – and also in animals – whereby the male is inclined towards the female, and vice versa. Whoever goes against that goes against the natural disposition of mankind, the fitrah. The spread of homosexuality has caused man diseases which neither the east nor the west can deny exist because of them. Even if the only result of this perversion was AIDS – which attacks the immune system in humans – that would be enough. It also causes the breakup of the family and leads people to give up their work and study because they are preoccupied with these perversions. Since the prohibition has come from his Lord, the Muslim should not wait until medicine proves that harm befalls the one who does that which Allaah has forbidden. Rather he must believe firmly that Allaah only prescribes that which is good for people, and these modern discoveries 239

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should only increase his certainty and confidence in the greatness of Allaah’s wisdom. Ibn al-Qayyim said: Both of them – fornication and homosexuality – involve immorality that goes against the wisdom of Allaah’s creation and commandment. For homosexuality involves innumerable evil and harms, and the one to whom it is done would be better off being killed than having this done to him, because after that he will become so evil and so corrupt that there can be no hope of his being reformed, and all good is lost for him, and he will no longer feel any shame before Allaah or before His creation. The semen of the one who did that to him will act as a poison on his body and soul. The scholars differed as to whether the one to whom it is done will ever enter Paradise. There are two opinions which I heard Shaykh al-Islam (may Allaah have mercy on him) narrate.” (al-Jawaab al-Kaafi, p. 115). 2. Lesbianism means one woman doing to another something like that which a man does to a woman. Homosexuality means having intercourse with males in the back passage. This was the action of the accursed people of the Prophet of Allaah Loot (peace be upon him). In sharee’ah terminology it refers to inserting the tip of the penis into the anus of a male. What is mentioned concerning these actions in the Qur’aan and Sunnah: A – Allaah says (interpretation of the meaning): “And (remember) Loot (Lot), when he said to his people: ‘Do you commit the worst sin such as none preceding you has committed in the ‘Aalameen (mankind and jinn)?

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Verily, you practise your lusts on men instead of women. Nay, but you are a people transgressing beyond bounds (by committing great sins)’”[al-A’raaf 7:80-81] B – “Verily, We sent against them a violent storm of stones (which destroyed them all), except the family of Loot (Lot), them We saved in the last hour of the night” [al-Qamar 54:34 – interpretation of the meaning] C – “And (remember) Loot (Lot), when he said to his people: ‘Do you commit the worst sin such as none preceding you has committed in the ‘Aalameen (mankind and jinn)?” [al-A’raaf 7:80 – interpretation of the meaning] And Allaah says (interpretation of the meaning): “And (remember) Loot (Lot), when he said to his people: ‘You commit AlFaahishah (sodomy the worst sin) which none has preceded you in (committing) it in the ‘Aalameen (mankind and jinn)’”[al-‘Ankaboot 29:28] D – “And (remember) Loot (Lot), We gave him Hukm (right judgement of the affairs and Prophethood) and (religious) knowledge, and We saved him from the town (folk) who practised AlKhabaa’ith (evil, wicked and filthy deeds). Verily, they were a people given to evil, and were Faasiqoon (rebellious, disobedient to Allaah)” [al-Anbiya’ 21:74 – interpretation of the meaning] E – “And (remember) Loot (Lot)! When he said to his people, ‘Do you commit AlFaahishah (evil, great sin, every kind of unlawful sexual intercourse, sodomy) while you see (one another doing evil without any screen) Do you practise your lusts on men instead of women? Nay, but you are a people who behave senselessly.’ 241

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There was no other answer given by his people except that they said: ‘Drive out the family of Loot (Lot) from your city. Verily, these are men who want to be clean and pure!’ So We saved him and his family, except his wife. We destined her to be of those who remained behind. And We rained down on them a rain (of stones). So evil was the rain of those who were warned” [al-Naml 27:54-58 – interpretation of the meaning] These verses refer to the punishment that befell the people of Loot. With regard to the rulings on them: F – Allaah says (interpretation of the meaning]: “And the two persons (man and woman) among you who commit illegal sexual intercourse, hurt them both. And if they repent (promise Allaah that they will never repeat, i.e. commit illegal sexual intercourse and other similar sins) and do righteous good deeds, leave them alone. Surely, Allaah is Ever All-Forgiving (the One Who forgives and accepts repentance), (and He is) Most Merciful” [al-Nisa’ 4:16] Ibn Katheer said: “The words of Allaah ‘And the two persons (man and woman) among you who commit illegal sexual intercourse, hurt them both’ mean, those who commit immoral actions, punish them both. Ibn ‘Abbaas (may Allaah be pleased with him), Sa’eed ibn Jubayr and others said: By condemning them, shaming them and hitting them with shoes. This was the ruling until Allaah abrogated it and replaced it with whipping and stoning. 242

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‘Ikrimah, ‘Ata, al-Hasan and ‘Abd-Allaah ibn Katheer said: This was revealed concerning a man and woman who commit fornication. Al-Saddi said, it was revealed concerning young people before they get married. Mujaahid said: it was revealed concerning two men if they admit it bluntly; a hint is not sufficient – as if he was referring to homosexuality. And Allaah knows best.” (Tafseer Ibn Katheer, 1/463). G – It was narrated that Jaabir (may Allaah be pleased with him): “The Prophet (peace and blessings of Allaah be upon him) said: ‘There is nothing I fear for my ummah more than the deed of the people of Loot.’” (Narrated by al-Tirmidhi, 1457; Ibn Maajah, 2563. This hadeeth was classed as saheeh by Shaykh al-Albaani (may Allaah have mercy on him) in Saheeh al-Jaami’, no. 1552). H – It was narrated that Ibn ‘Abbaas said: “The Prophet (peace and blessings of Allaah be upon him) said: “… cursed is the one who has intercourse with an animal, cursed is the one who does the action of the people of Loot.” (Narrated by Ahmad, 1878. This hadeeth was classed as saheeh by Shaykh al-Albaani in Saheeh al-Jaami’, no. 5891). I – It was narrated that Ibn ‘Abbaas said: “The Prophet (peace and blessings of Allaah be upon him) said: ‘Whoever you find doing the deed of the people of Loot, kill the one who does it and the one to whom it is done.” (Narrated by al-Tirmidhi, 1456; Abu Dawood, 4462; Ibn Maajah, 2561. This hadeeth was classed as saheeh by Shaykh al-Albaani in Saheeh al-Jaami’, no. 6589). And Allaah knows best. 243

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Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 14238: Why is the hand cut off in the case of stealing but not in the case of (daylight) robbery or seizing by force? Question: What is the difference between the thief (saariq, one who breaks in by stealth and steals something that is kept in an appropriate place) and the robber (muntahib, one who takes something by force in front of others)? Why is the hand cut off in the first case and not in the second? Answer: Praise be to Allaah. Ibn al-Qayyim said: The fact that the hand of the thief (saariq) may be cut off for three dirhams, and not in the case of the opportunist thief (mukhtalis, one who steals when a person is not looking), robber or extortioner (ghaasib, one who seizes something by force) is indicative of the perfect wisdom of sharee’ah. For one cannot take precautions against the thief who breaks into houses and breaches one’s hidingplaces and breaks locks; the owner of the goods cannot do any more than that (i.e., hiding them in appropriate places). If it were not prescribed for the hand of the thief to be cut off, then people would steal from one another in this manner and a great deal of harm would be done, and the problem of theft would be grievous indeed. This is unlike the case of the robber and opportunist thief, for the robber is the one who takes things openly in the sight 244

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of people, so they may stop him and restore the rights of the one who has been wronged, or they may testify before the judge. And the opportunist thief is the one who takes things when the owner is not paying attention, etc., so there has to be some form of negligence which enables the opportunist to steal, otherwise when one is careful and alert, he cannot take anything. So he is not like a thief (saariq), rather he is more like a betrayer. Moreover, the opportunist theif (mukhtalis) does not take things from a place where things of that nature are usually hidden, rather he waits until you are not paying attention, then he takes your things when you put something down for a moment and are not paying attention. This is something against which precautions may be taken in most cases, and he (the opportunist) is like the robber who steals openly. With regard to the one who seizes things by force, the case is more obvious: it is even more apt that his hand should not be cut off, but it is permissible to put a stop to the actions of these people by beating them, making an example out of them as a warning to others, imprisoning them for lengthy periods and punishing them by seizing their property. Alaam al-Muwaqqieen, 2/48. (www.islamqa.com) 14240: What is the difference between compensation (diyah) and theft (sariqah) when it comes to the hand? Question: What is the reason why the hand may be cut off for stealing one-quarter of a dinar but the diyah (compensation) for the hand [in cases of injury etc.] may be 500 dinars? Answer: Ibn al-Qayyim said: 245

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“The fact that the hand may be cut off for stealing onequarter of a dinar but the diyah (compensation) for the hand [in cases of injury etc.] may be 500 dinars serves a great interest, and there is a great deal of wisdom behind this. It serves to take precautions concerning two things, people’s wealth and people’s limbs. Cutting off the hand in the case of theft of a quarter of a dinar is to protect people’s wealth. Making the diyah for injury to the hand 500 dinars is to protect and preserve people’s limbs. One of the heretics raised this question and mentioned it in two verses of poetry, saying: “A hand receives five hundred dinars’ compensation, so why can it be chopped off for one-quarter of a dinar? This is a contradiction we can only keep quiet about, and we seek the protection of our Lord from disgrace.” One of the fuqahaa’ answered him by saying that the hand is precious so long as it is honest, but when it becomes dishonest it becomes worthless. And the poet mentioned it by saying: “A hand receives five hundred dinars’ compensation, so why can it be chopped off for one-quarter of a dinar? Protection against physical aggression makes the hand precious, but the hand becomes worthless when it becomes dishonest.” And it was narrated that al-Shaafa’i responded by saying in verse: “There is aggression against the hand, therefore it is precious, but here the hand is the wrongdoer, so it becomes insignificant in the sight of the Creator.” 246

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A’laam al-Muwaqqi’een, 2/49, 50. (www.islam-qa.com) 21900: Ruling on financial penalties in Islam Question: What is the ruling on financial penalties in Islam? Answer: Praise be to Allaah. The majority of scholars, including the four imams, said that imposing financial penalties is not permitted. Some of them responded to the cases in which it was reported that the punishment took the form of imposing a financial penalty by saying that this had been abrogated, and that it had been prescribed at the beginning of Islam but was later abrogated. They gave as the reason for not allowing punishment by seizing money the fact that this kind of punishment could be a means for unjust rulers to seize people’s wealth unlawfully. But Shaykh al-Islam Ibn Taymiyah and his student Ibn al-Qayyim suggested that it is permissible to punish a person by imposing a financial penalty if the authorities think that this will serve the purpose and deter wrongdoers and put a stop to evil, because ta’zeer [punishments to be decided in cases where no specific punishment has been prescribed] is a broad category ranging from verbal rebuke to execution, if evil cannot be stopped in any other way. Imposing financial penalties is one form of ta’zeer punishment which may serve as a deterrent to aggressors. The two shaykhs refuted the claim that this had been abrogated, and they denied that in strong terms. They 247

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quoted as evidence the reports of numerous cases in which financial penalties played a part. The shaykh said: those who claim that this was abrogated do not have any shar’i evidence, either from the Qur’aan or the Sunnah. It is permissible according to the principles set out by Ahmad, because there was no dispute among his companions concerning the fact that financial penalties were not abrogated in totality. Among the evidence that ta’zeer may take the form of a financial penalty are the following: The Prophet (peace and blessings of Allaah be upon him) allowed seizing the property of one who hunted in the sanctuary of Madeenah for the one who found it. He commanded that the amphorae and vessels for wine should be smashed. He commanded ‘Abd-Allaah ibn ‘Umar to burn the two garments which were dyed with safflower. He increased the penalty for one who stole something that was not secured. He destroyed the mosque built by the hypocrites by way of harm (masjid al-diraar). He denied the murderer the right to inherit or to be a beneficiary of a will. Shaykh al-Islam said: financial penalties are of three kinds: 1 – Destruction. This means the destruction of evil items, such as breaking and burning idols, breaking musical instruments, smashing wine vessels, burning down taverns in which wine is sold, destroying books of heresy and

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atheism and promiscuous movies and three-dimensional pictures, and so on. 2 – Changing, such as destroyed forged money and curtains on which there are images, and making them into cushions and so on. 3 – Confiscation. Such as confiscating stolen dates or adulterated saffron and giving it in charity. Such things should be confiscated and given in charity, or their price should be given in charity. Tawdeeh al-Ahkaam min Buloogh al-Maraam, p. 31 (www.islam-qa.com) 9589: Her husband stole from a store, claiming that their prices were too high Question: I have known my husband for 3 years, and he is a very honest Muslim man. However 2 months ago he went to buy something from a shop and the price of this item was higher than in other shops so he stole it. His excuse for his doing was that he can not stand being “ripped off”. Now, two weeks ago he rented a suit for our friend’s wedding, and after went to another shop to buy a shirt and a tie. He found a shirt and a tie in a package and when he decided to buy it he was accused by sales assistant of putting these two together in order to get a cheaper price and this was not true. Therefore he got very angry and in order to “punish” the company, stole a 0 suit, and left to the same company other suit that he rented for . I explained for him that this is haraam, and that there is no excuse for stealing. He is not a thief. He is a very strict Muslim. 249

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Please tell me how to explain to him that in Islam stealing is stealing no matter of the situations. Please answer me, I would really appreciate it. Answer: Praise be to Allaah. 1. We are surprised at your husband’s actions which you have told us about, and we are amazed that you describe him as not being a thief and as being a committed Muslim, when he has done something which the rank-and-file of Muslims – let alone their scholars – know full well to be haraam. We have nothing that we can advise you to tell him, apart from the ruling on stealing, and that it is haraam, and that Allaah says in His mighty Book (interpretation of the meaning): “And (as for) the male thief and the female thief, cut off (from the wrist joint) their (right) hands as a recompense for that which they committed, a punishment by way of example from Allaah…” [al-Maa’idah 5:38] The punishment for stealing in sharee’ah is cutting off the right hand, and the thief is still not free from blame after the punishment has been carried out, until he restores the stolen property to its rightful owner. Allaah also says (interpretation of the meaning): “And eat up not one another’s property unjustly (in any illegal way, e.g. stealing, robbing, deceiving)” [al-Baqarah 2:188] 250

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It was narrated from Ibn ‘Abbaas (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) addressed the people on the Day of Sacrifice and said: “O people, what day is this?” They said: “A sacred day.” He said, “What land is this?” They said, “A sacred land.” He said, “What month is this?” They said, “A sacred month.” He said: “Your blood, your wealth and your honour are sacred to you, just as this day of yours in this land of yours in this month of yours is sacred” – and he repeated it several times. Then he raised his head and said, “O Allaah, have I conveyed it? O Allaah, have I conveyed it?” Ibn ‘Abbaas (may Allaah be pleased with them both) said: “By the one in Whose hand is my soul, it was advice given to his ummah, so let the one who was present convey it to the one who was absent.” (Narrated by al-Bukhaari, 1652). A similar report was narrated in al-Saheehayn from Abu Bakrah. It was narrated that Abu Hurayrah said: A man came to the Messenger of Allaah (peace and blessings of Allaah be upon him) and said, “O Messenger of Allaah, what do you think if a man comes to take my wealth?” He said, “Do not give him your wealth.” He said, “What if he fights me?” He said, “Fight him back.” He said, “What if he kills me?” He said, “Then you will be a shaheed (martyr).” He said, “What if I kill him?” He said, “He will be in the Fire (Hell).” (Narrated by Muslim, 140) It was also narrated from Abu Hurayrah that the Prophet (peace and blessings of Allaah be upon him) said: “Allaah 251

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cursed the thief who steals an egg and has his hand cut off, and steals a rope and has his hand cut off.” (Narrated by al-Bukhaari, 6401; Muslim, 1687). If he thinks that this is permissible for him, then he has been cheated. This is the deception of the Shaytaan. A haraam action should not be met with another haraam action. This is if we accept what he said. But in principle the vendor has the right to sell (his goods) for whatever price he wants. The Prophet (peace and blessings of Allaah be upon him) said: “The buyer and seller have the choice (of either going ahead with or cancelling the transaction) so long as they have not parted.” (Narrated in al-Bukhaari, 1973; Muslim, 1532) If he [your husband] does not like the price of an item, all he has to do is negotiate; he should not steal. If he likes the price, fair enough; otherwise he should go to a different store. As for his “punishing” the store by stealing 900 dollars, this is also haraam. Allaah says (interpretation of the meaning): “And if you punish (your enemy, O you believers in the Oneness of Allâh), then punish them with the like of that with which you were afflicted” [al-Nahl 16:126] A person does not have the right to take whatever wants even if he has been mistreated. If he takes more than what has been taken from him unlawfully, then he becomes a wrongdoer too. This is if the store has done wrong by your husband, but what seems to be the case is the opposite. It is no more than the matter of misplaced suspicion. Would your 252

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husband like it if someone were to do that to him, and steal even half of this amount just because he suspects him? The answer, obviously, would be no. So it is not permissible for him to do that to this storekeeper. We advise you to tell him that this world is fleeting, and that man will meet Allaah on the Day of Resurrection with his deeds, and that theft is a scandal and a humiliation in this world and the next. In this world, it removes the blessing from the thief’s property, and indeed from his life, then it brings him humiliation among people. In the Hereafter it will be even worse. Let him think about this hadeeth: 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, none of you takes something from another unlawfully, but he will meet Allaah carrying it on the Day of Resurrection. I shall see some of you meeting Allaah carrying a camel grunting, or a cow mooing, or a sheep bleating.” Then he raised his arm so high that the whiteness of his armpit became visible, and said, “O Allaah, have I conveyed it?” (narrated by al-Bukhaari, 6578; Muslim, 1832) And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)

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8895: He committed zinaa then he became Muslim; should he be subjected to the punishment? Question: If a kaafir commits zinaa (unlawful sexual intercourse) then he becomes Muslim, should the hadd punishment be carried out on him? Answer: Praise be to Allaah. If a dhimmi (Jew or Christian living under the protection of the Islamic state) commits zinaa then becomes Muslim, and there is evidence to prove that he did commit zinaa, the hadd punishment is no longer to be applied to him; he should not be punished by either hadd (punishment specified in sharee’ah) or ta’zeer (punishment to be specified by the qaadi or Muslim judge in a particular case). This was the view of al-Shaafa’i, based on the aayah (interpretation of the meaning): “Say to those who have disbelieved, if they cease (from disbelief), their past will be forgiven” (al-Anfaal 8:38). He also quoted as evidence the hadeeth of the Prophet (peace and blessings of Allaah be upon him): “Islam wipes out whatever came before it.” (Narrated by Muslim from ‘Amr ibn al-‘Aas). The Qur’aan also states that the punishment for a thief or bandit is no longer applicable if they repent, so this reprieve is more applicable in the case of a kaafir (who 254

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becomes Muslim). Moreover, enforcing the punishment would put people off Islam. This is the same reason which is given by scholars for stating that a person who enters Islam does not have to make up the prayers that he has missed. And Allaah knows best. Fataawa al-Imaam alNawawi, 223 (www.islam-qa.com) 5157: Health care for prisoners in Islam Question: i have a project in the quality of health care in the prison.. do the prisoners have the same health care like other people.. what is the isalmic prespective of justic and equality in this case?? Answer: Praise be to Allaah. Islam pays great attention to the matter of prisons and the circumstances of prisoners; it is rare to find anything similar to this in any place or time. The fuqahaa’ discussed in their books the rulings pertaining to prisoners, their circumstances and how they should be treated. This concern stems from the Islamic concern for the protection of man and respect for his humanity. To make the matter easier to understand and to make the rulings more clear, the scholars divided the subject-matter into two parts: the rulings pertaining to the personal health of prisoners, and the rulings pertaining to health care in the place that is used as a prison. One: Rulings pertaining to the personal health of prisoners 255

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Imprisoning a sick person. The fuqahaa’ discussed the matter of imprisoning a person who is sick in the first place – do the authorities have the right to imprison a sick person? The answer is that this is the matter of ijtihaad, and the final decision rests with the Qaadi (judge) who must weigh up the reason why this person is to be imprisoned, the seriousness of his disease and the possibility of taking care of him in jail. If sufficient health care is available for this sick person in prison, and he is not suffering a serious illness which could kill him if he is detained, it is permissible to imprison him. If such care is not available, the judge may hand him over to someone who can treat him and guard him, without releasing him completely, until it is possible to imprison him again. If a prisoner becomes sick whilst in jail. If a prisoner becomes sick whilst in jail and it is possible to treat him there, then he must be treated without bringing him out. Doctors and servants should not be prevented from going in to see him, treat him and serve him. If not treating him leads to his death, criminal charges are to be laid against those who were the cause of that, and they are to be punished. The Prophet (peace and blessings of Allaah be upon him) passed by a prisoner who was in chains, and he called out, “O Muhammad, O Muhammad!” He came to him and said, “What is the matter?” He said, “I am hungry – feed me. I am thirsty – give me water.” The Prophet (peace and blessings of Allaah be upon him) commanded that his needs should be met. (Narrated by Muslim, 3/1263). And no doubt medical treatment is what the sick person needs. But if it is not possible to treat him inside the prison, he must be taken out to a place where it is possible to treat him, under the supervision of the jail or whoever is delegated to the task of watching and guarding him. 256

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With regard to these rulings, the fuqahaa do not differentiate between physical illness and psychological illness (true psychological illness, that is, as opposed to the made-up psychological illness or the regular psychological illness which many lawyers use as a means of getting criminals let off). Hence the fuqahaa’ (may Allaah have mercy on them) stated that it is not permissible to lock the door on the prisoner – so long as there is the certainty that he will not run away – or to put him in a darkened room, or to harm him in any way or to do anything that will make him terrified. His relatives should not be prevented from visiting him, because this will have an effect on his health and psychology. It is prescribed for the authorities or their representative to set up a special medical wing in the prison, to take care of the prisoners’ health needs. This will spare them the need to take them out to public hospitals and expose them to possible insult and humiliation. Prisoners should be allowed to see their wives and to have intimate relations with them, if there is a suitable place for that in the jail, as a protection for them and their wives. The fuqahaa’ stated that it is obligatory to enable prisoners to do wudoo’ and purify themselves, which is undoubtedly an important protective precaution against sickness. Two: Rulings pertaining to health care in the place that is used as a prison The place that is used as a prison should be spacious, clean, well-ventilated, lit by natural sunlight, and furnished with the necessary facilities such as washrooms, etc. It is not permissible to gather such a large number of prisoners in one place that they will not be able to do wudoo’ and pray. 257

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Three: there follow some of the things which the fuqahaa’ stated it is haraam to use when disciplining or dealing with prisoners: Mutilating the body: it is not permitted to punish a prisoner by cutting off any part of his body or breaking any of his bones. The Prophet (peace and blessings of Allaah be upon him) forbade mutilation of prisoners-of-war and said: “Do not mutilate.” (Narrated by Muslim, 3/1357). Hitting the face, etc., because of the humiliation involved. By the same token, it is not permitted to put chains on prisoners’ necks or to lay them on the ground to whip them, even if this is the hadd (Islamic punishment) prescribed for them, because this involves humiliation and harms their health and bodies. Punishment by fire, strangulation or holding a prisoner’s head under water – except in cases of qasaas and where the punishment needs to fit the crime. For example, if a person has committed aggression against another by burning him, it is permissible to exact retribution against him in the same manner. Starving prisoners or exposing them to the cold, or feeding them harmful things, or preventing them from wearing clothes. If a prisoner dies because of such things, his jailer may be executed in retribution (qasaas) or be required to pay diyah (blood money). Removing prisoners’ clothing, because this uncovers their ‘awrah and exposes them to physical and psychological illness. Preventing them from relieving themselves, doing wudoo’ and praying. It is obvious that this is harmful to the prisoners’ health. Examples of Muslims’ concern for prisoners: 258

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The hadeeth mentioned above shows how the Prophet (peace and blessings of Allaah be upon him) issued commands that prisoners should be cared for and their needs for food and drink met. The Prophet (peace and blessings of Allaah be upon him) often used to hand prisoners over to his companions and urge them to treat them well. The Rightly-Guided Khaleefah ‘Ali ibn Abi Taalib (may Allaah be pleased with him) used to inspect the prisons, meet the prisoners in them and enquire about their circumstances. ‘Umar ibn ‘Abd al-‘Azeez, the fifth Rightly-Guided Khaleefah, used to write to his employees, telling them to see how the prisoners were and to take care of the sick among them. The ‘Abbaasi khaleefah al-Mu’tadid allocated 1500 dinars of the monthly budget to be spent on the needs and medical treatment of prisoners. When the ‘Abbaasi khaleefah al-Muqtadir imprisoned one of his wazeers, Ibn Muqlah, the wazeer got sick. So the khaleefah sent the famous doctor Thaabit ibn Sinaan ibn Thaabit ibn Qurrah to treat him in jail, and he urged him to treat him well. The doctor used to feed him with his own hand and treated him very kindly. At the time of the khaleefah al-Muqtadir, the wazeer ‘Ali ibn ‘Eesaa al-Jarraah wrote to the head of the hospitals of Iraq at that time, telling him: “I have been thinking, may Allaah grant you long life, about those who are in prison. With their large numbers and rough accommodation, they are not free from disease. They are prevented from doing things which will benefit them and meeting with doctors whom they can consult about the sicknesses they are exposed to. So you have to appoint doctors for them who 259

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will go in and see them every day and take them medicine and drinks, and who will go around to all the jails and treat the sick in them and prescribe medicine for them.” This care lasted throughout the khilaafah of al-Muqtadir, al-Qaahir, al-Raadi and al-Muttaqi. For more information, please see: Ahkaam al-Sijn wa Mu’aamilat al-Sujanaa’ fi’l-Islam, p. 367-379; alMawsoo’ah al-Fiqhiyyah, part 16, p. 320-327 And Allaah knows best. Ahkaam al-Sijn wa Mu’aamilat al-Sujanaa’ fi’l-Islam, p. 367-379; al-Mawsoo’ah al-Fiqhiyyah, part 16, p. 320-327 (www.islam-qa.com) 6202: Will a sinner be punished in the Hereafter if the legal punishment (hadd) is carried out on him in this world? Question: If a person do a sin in this world, and then get the punishment for it, will he then get a punishment for the same sin after his death? For example if a person commits adultery, or steal, then he is gets death punishment, or get his hand cut off, will he then get a punishment for that sin in the Hereafter? If he is homosexual and gets stoned to death, is he then free from the fire of hell? Could you please tell me the answer in light of Hadeeth and Quran ? Answer: Praise be to Allaah. 260

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Al-Bukhaari (may Allaah have mercy on him) narrated in his Saheeh (3/143, no. 3679) with his isnaad that ‘Ubaadah ibn al-Saamit, one of those who was present at Badr with the Messenger of Allaah (peace and blessings of Allaah be upon him), said that one of those who had been present at al-‘Aqabah told him: The Messenger of Allaah (peace and blessings of Allaah be upon him) said, with a group of his Sahaabah standing around him: “Come and give me your oath of allegiance, promising that you will not associate anything in worship with Allaah, or steal, or commit zinaa (illegal sexual activity), or kill your children, or utter slander intentionally forging falsehood (by wrongfully attributing illegitimate children to husbands) [cf 60:12], or disobey me with regard to anything good (ma’roof). Whoever among you fulfils this oath, his reward will be due from Allaah, and whoever commits any of these sins and is punished for it in this world, this will be an expiation for him. Whoever commits any of these sins and Allaah conceals it for him, then his case rests with Allaah – if He wills, He will punish him and if He wills, He will forgive him.” So they gave their oath of allegiance to him on that basis. Al-Haafiz said in al-Fath (1/6): “What we learn from this hadeeth is that the carrying out of the punishment is an expiation for the sin, even if the one on whom the hadd is carried out does not repent. This is the view of the majority. It was also said that he has to repent – this was stated by some of the Taabi’een.” The previous hadeeth was also narrated by al-Tirmidhi in his Sunan. After quoting it, he said: “Al-Shaafa’i said concerning this topic: I have not heard any better indication than this hadeeth to show that the hudood (punishments) are an expiation for the people on whom they are carried out. Al-Shaafa’i said: if a person 261

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commits a sin and Allaah conceals it for him, I prefer for him to keep it concealed and to repent, keeping the matter between himself and Allaah. Something similar was narrated from Abu Bakr and ‘Umar, that they commanded a man to conceal his sin.” (Sunan al-Tirmidhi, 1439). So there is no need for the person who commits a punishable sin to go to the Qaadi (judge) and confess and ask for the hadd to be carried out on him; rather, he is encouraged to keep it to himself and to repent, keeping the matter between himself and Allaah, may He be glorified, and to do lots of righteous deeds, for good deeds cancel out bad deeds, and the one who repents from sin is like one who did not sin at all. We ask Allaah to keep us safe and to forgive us. May Allaah bless our Prophet Muhammad. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 2936: Questions about the punishment for hiraabah (aggression) Question: Assalmu Alikum, I have a question regarding the punishments described in Surah 5, in particular verse 33. It states that the punishment for anti-Islamic war mongers is that they are to be a) killed OR b) crucified OR c) have their hands and feet on alternate sides cut-off OR d) exile from the land Are these punishments that apply today, or is the Quran 262

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refering to a particular people from history? If this is Islamic law, under what circumstances do each apply? There are several alternatives, of lessening sevarity... does this imply levels of punishments depending on the sevarity of the crimes being inflicted by the criminal? Also, is this “crucifiction” mentioned the same kind of crucifiction the Romans did to their criminals, i.e. nailing people to a cross, or is this different? I’ve tried finding historical accounts of Muslims practicing this, but the prefered method of execution of criminals seems to have always been beheading by a sword. I think it’s law, as in the next verse, 5:34, Allah states to have mercy on those who repent after they fall into the power of the Believers. But I ceartainly am in no position to give this opinion any wieght, which is why I’m sending this letter. Anyhow, I would like clarification on this in particular with respect to a) Using crucifiction as a means to punish - is this the same as nailing or tying people to a cross and having them die over a period of time? b) to whom exactly do they apply c) does the punishment hold today, or were there revelations which canceled this punishment system d) any other background information you think is relevant May Allah guide me to the Truth. May Allah bless you for this wonderful service you are offering. 263

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Answer: Praise be to Allaah. The whole issue of hiraabah, which is also known as banditry, can be summed up in the following points: Definition of hiraabah Ruling on hiraabah Punishment for hiraabah The reasons for the different types of these punishments Repentance of the muhaarib (person who commits hiraabah) Definition of hiraabah Hiraabah means ambushing people and threatening them with weapons and so on, in the deserts or in the cities, killing them, terrorizing them and seizing their property by force and openly. Wealth is mentioned specifically because this is what usually happens, but the ruling applies also to people who terrorize others for the purposes of rape or sodomy. Ruling on hiraabah Hiraabah is one of the most serious of major sins, and it is forbidden according to the Qur’aan, the Sunnah and ijmaa’ (scholarly consensus). Qur’aan: The Qur’aan says (interpretation of the meaning): “The recompense of those who wage war against Allaah and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and 264

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feet be cut off on the opposite sides, or be exiled from the land. That is their disgrace in this world, and a great torment is theirs in the Hereafter. Except for those who (having fled away and then) come back (as Muslims) with repentance before they fall into your power; in that case, know that Allaah is Oft-Forgiving, Most Merciful.” [al-Maa’idah 5:33] Sunnah: the hadeeth of al-‘Arniyeen. Anas (may Allaah be pleased with him) reported that some people came from ‘Akl or ‘Areenah and avoided Madeenah (i.e., they did not want to stay in Madeenah because they were suffering from a fever). The Prophet (peace and blessings of Allaah be upon him) ordered them to drink the urine and milk of milch-camels (for treatment of their fever). They did that, and when they got better, they killed the shepherd of the Prophet (peace and blessings of Allaah be upon him) and stole the sheep. This news reached (the Prophet (peace and blessings of Allaah be upon him) at the beginning of the day, and he sent people in pursuit of them. At midday, they were brought to him and he commanded that their hands and feet should be cut off and their eyes put out, then they were left in al-Harrah begging for water, but no one gave them water. (Agreed upon). Ijmaa’: the ummah is agreed that hiraabah is haraam. Punishments for hiraabah The punishment for hiraabah is one of the hudood or punishments prescribed by sharee’ah, and the punishment varies according to the severity of the crime. This is explained as follows: Whoever kills someone and steals their property, should definitely be killed and crucified, so that everyone will know about him. It is not permitted to forgive him, by the 265

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consensus of the scholars, as was reported by Ibn alMundhir. Whoever kills but does not steal, should definitely be killed, but not crucified. Whoever steals property but does not kill, his right hand and left foot should be cut off at the same time, then the bleeding should be stopped and he should be released. Whoever merely terrorizes people, but does not kill or steal, should be banished from the land to another country, where he should be detained until he has repented sincerely and is reformed. The evidence for the above is as follows: The words of Allaah (interpretation of the meaning): “The recompense of those who wage war against Allaah and His Messenger and do mischief in the land…” [alMaa’idah 5:33]. The report narrated from Ibn ‘Abbaas (may Allaah be pleased with them both), who said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) made a peace treaty with Abu Barzah Hilaal ibn ‘Awaymir alAslami. Some people came, wanting to embrace Islam, and they were ambushed by the companions of Abu Barzah. Then Jibreel (peace be upon him) brought to the Messenger of Allaah (peace and blessings of Allaah be upon him) the revelation of the punishment for killing and stealing property, which is to be killed and crucified, and the punishment for killing without stealing, which is to be killed… Whoever steals property but does not kill should have his hand and foot from opposite sides cut off. Whoever becomes Muslim, Islam cancels out whatever deeds came before it at the time of shirk.” (Tafseer al-Tabari, 10/260-261). 266

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The reason for different levels of punishment: Different punishments for different degrees of hiraabah have been prescribed for a very important reason. Hiraabah may take different forms, as is well known, it might not involve only killing, or only stealing. It might involve both stealing and killing, or it may involve neither, only terrorizing people. These different forms of crime dictate different forms of punishment. The basic principle in sharee’ah is that the punishment should fit the crime, as Allaah says (interpretation of the meaning): “The recompense for an evil is an evil like thereof…” [al-Shoora 42:40]. If these punishments did not vary according to the crime, and there was room for choice, this might result in the most severe punishment for one whose crime was the least serious, or the lightest punishment for one whose crime was most heinous, which is a travesty of justice. The fact that punishments vary according to the seriousness of the crime makes perfect common sense. Repentance of the muhaarib If the muhaarib repents, it can only be either of the following two scenarios: Either he repents before he is caught In this case, the punishment for hiraabah no longer applies, and he should be treated like one who is not a muhaarib. The punishment of banishment, amputation, or execution etc., no longer applies, except in cases where the victim or his family have the right to demand retribution. The evidence for this is the words of Allaah (interpretation of the meaning): 267

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“The recompense of those who wage war against Allaah and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and feet be cut off on the opposite sides, or be exiled from the land. That is their disgrace in this world, and a great torment is theirs in the Hereafter. Except for those who (having fled away and then) come back (as Muslims) with repentance before they fall into your power; in that case, know that Allaah is Oft-Forgiving, Most Merciful.” [al-Maa’idah 5:33] Or he repents after he is caught In this case the punishment for hiraabah still applies, and indeed the ruler is obliged to carry it out, because the exception mentioned in the aayah clearly applies only to one who repents before he is caught. It is not too difficult for a person who wants to escape the prescribed punishment to feign repentance. This punishment is part of the Islamic sharee’ah which Allaah has prescribed for every time and place, not just for one particular country or period. The Muslims applied this punishment for hiraabah at the time of the Prophet (peace and blessings of Allaah be upon him) and until the present time. The fact that some of the Roman and Pharaonic punishments were similar to those prescribed by Islamic law is of no particular significance, good or bad. These Islamic punishments cannot be regarded as backward or savage or barbaric at all. Any intelligent person who thinks about the severity of the crime of hiraabah and the resulting lack of security in the cities and on the road, terrorizing of the populace, robbing and killing, will know for sure that this ruling is exactly what these criminals deserve. The one who looks at the way the punishments for hiraabah fit the crime exactly will see that this is the essence of justice. How can it be 268

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otherwise when the One Who has prescribed this law is the Almighty, the All-Wise, the All-Knowing, the AllSeeing, the Judge, the Just, the All-Aware? He is the Best Disposer of Affairs and the Best of Supporters. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 1670: Can sihr (witchcraft, magic) kill? Question: i would like information on majic (jadoo) what are the consequences and can people use it to kill people. Answer: Praise be to Allaah. Yes, there is sihr that can kill. When discussing different forms of murder the scholars have mentioned that the person who kills another by means of a kind of sihr that usually kills should be executed (qisaas – retaliation), because he has killed by means of something that usually kills. Ibn Qudaamah said in al-Mughni (9/330): “The sixth kind: if he killed him by means of a kind of sihr that usually kills, then he has to be executed, because he has killed by means of something that usually kills, like killing by use of a knife. If he killed by means of something that does not usually kill or something that sometimes kills and sometimes does not, then he has to pay diyah (bloodmoney), but qisaas is not required, because he intended to do harm, and it is akin to beating someone with a stick (which may or may not kill).” The ruling concerning the saahir (practitioner of sihr) in 269

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al-Mawsoo’ah al-Fiqhiyyah (24/267) says that in the case where he killed a person by means of his sihr… the majority say that killing by means of sihr may be done deliberately, in which case qisaas is required. According to the Maalikis, evidence or a confession is required. According to the Shaafi’is, if the person whom the practitioner of sihr killed was his equal , then qisaas is required if the killing was deliberate, which may be proven by a confession on the part of the saahir, such as his saying “I killed him by means of my sihr”, or “I killed him with this type of thing”, supported by the testimony of two reliable witnesses who have practised sihr in the past but have now repented, who can confirm that this kind of sihr usually kills. If it is a type that does not usually kill, then the matter is more akin to manslaughter. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 1978: Ruling on aborting a deformed fetus Question: If a fetus is found to have some defects (at about 4.5 months of pregrancy), one which includes anencephaly:no brain, and the doctors strongly suggest an abortion since the longest an anencephalic born baby survived was 21 days and since most of such pregnancies end up in miscarriages at a later and riskier stage of pregnancies, or still born baby. what is a muslim couple to do? especially since consulting two knowledgeable islamic scholars each came up with a different solution ie one suggesting 270

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abortion the other one suggesting continuing with pregnancy. The couple had to make a decision the soonest possible. what do the laws of islam say? Answer: Praise be to Allaah. If the fetus has reached the age of four months, then the soul has already been breathed into it, so deliberately aborting it would be regarded as killing a soul - which is a very grave major sin. The doctors’ opinion that it is malformed is no excuse at all. If it is miscarried or stillborn, or it is born alive and dies shortly thereafter, the parents will be rewarded for bearing the calamity of their loss, and if it lives and has some kind of disability, they will be rewarded for their patience in taking care of it. Everything that happens to the believer is good for him, but wilfully destroying a soul is nothing but evil and sin. We must also take into consideration the errors that may occur in doctors’ reports, and that fact that the condition of the fetus may change and improve. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 2104: Muslim attitude towards the sin of homosexuality Question: Dear sir, How are you? I am currently researching issues related to Homosexual persecution In Asia, especially Malaysia. I 271

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hope that you could kindly help answer a few of my questions. 1)How are homosexuals (Muslim & non-muslim) being treated in Malaysia? 2)How severe will the punishment be? 3)How does society perceive homosexuals? 4)Is homosexuality legal? Thank you very much for your kind help. Answer: Praise be to Allaah. We do not have any information about homosexuality in Malaysia, but we assume that the Muslims there feel total abhorrence towards this shameful act, because their religion, Islam, emphatically forbids this deed and prescribes a severe punishment for it, in this world and the next. How could it be otherwise, when the Prophet of Islam (peace and blessings of Allaah be upon him) said: “Whoever you find committing the sin of the people of Lut (Lot), kill them, both the one who does it and the one to whom it is done” - i.e. if it is done with consent. (This hadeeth was narrated by al-Tirmidhi in his Sunan, 1376) The scholars of Islam, such as Maalik, al-Shaafi’i, Ahmad and Ishaaq said that (the person guilty of this crime) should be stoned, whether he is married or unmarried. There is no doubt that this act, which goes against the pure human nature created by Allaah, by making men content with men and women with women, destroying families, adversely affecting the birth rate, causing the 272

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spread of killer diseases, harming the innocent when children are raped, and generally spreading corruption on earth, should be uprooted and stamped out. Perhaps your research will lead you to find out much more about this religion with its great laws and accurate rules and the wisdom of the One Who revealed it. I ask Allaah to grant you help and success, for Allaah is the One Who guides to the Straight Path. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 811: Why death is the punishment for Apostasy Question: Alslamualik This question has bees asked several time from nonMuslims and I want to find an answer: Why When the Muslim convert to another religion(Murtad) he/she should be killed? Answer: Praise be to Allaah. Your question may be answered by the following points: (1) This is the ruling of Allaah and His Messenger, as the Prophet (peace and blessings of Allaah be upon him) said: “Whoever changes his religion, kill him.” (reported by al-Bukhaari, al-Fath, no. 3017). 273

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(2) The one who has known the religion which Allaah revealed, entered it and practised it, then rejected it, despised it and left it, is a person who does not deserve to live on the earth of Allaah and eat from the provision of Allaah. (3) By leaving Islaam, the apostate opens the way for everyone who wants to leave the faith, thus spreading apostasy and encouraging it. (4) The apostate is not to be killed without warning. Even though his crime is so great, he is given a last chance, a respite of three days in which to repent. If he repents, he will be left alone; if he does not repent, then he will be killed. (5) If the punishment for murder and espionage (also known as high treason) is death, then what should be the punishment for the one who disbelieves in the Lord of mankind and despises and rejects His religion? Is espionage or shedding blood worse than leaving the religion of the Lord of mankind and rejecting it? (6) None of those who bleat about personal freedom and freedom of belief would put up with a neighbour’s child hitting their child or justify this as “personal freedom,” so how can they justify leaving the true religion and rejecting the sharee’ah which Allaah revealed to teach mankind about His unity and bring justice and fairness to all? We ask Allaah for safety and health. May Allaah bless our Prophet Muhammad . Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com)

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18: Repentance (tawbah) from murder Question: How does a murderer repent for his sin? Answer: A murderer has three rights on him. That of Allah, that of the murdered person, and those of his or her immediate kin. As for Allah’s right it cannot be requited but with true repentance. The right of the immediate kin can be requited by the murderer by handing himself over to them in order that they either: a) turn him over to the authorities for execution; b) accept monetary compensation from him; or c) forgive him. The right of the person himself who was murdered cannot be compensated for in this world. Some scholars are of the opinion - and this seems to be the preferable opinion - that if the murderer is true in his repentance, Allah will clear him of his sin and compensate on his behalf by satisfying the person murdered on the Day of Judgment. Excerpts from the book “I would like to repent BUT...” (www.islam-qa.com)

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