Paying Zakat in Installments?

Question
As one year completed on my savings I had to pay Zakat on it but I didn’t have enough money to pay so I paid 1/3, and say as I get more money I will pay later. Before few days I had money so I put out remained Zakat which I had to pay, but here I didn’t find any one to give Zakat. I keep that money separate but I didn’t give to any one, now after few days I have had more savings so kindly tell me should I give Zakat on that new sabings or give when one year will have been passed?

Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger, may Allah exalt his mention as well as that of his family and all his companions.

Every savings that reaches the minimum amount liable for Zakat, which is 85 grams of gold, and if a whole lunar year elapses on it. In this case Zakat has to be paid on it immediately and it should not be delayed, except for a short period if one does not find a poor person to give it out to, or due to waiting for the return of a relative to give it to him and the like.

Ibn Qudamah, may Allah have mercy on him, said: ‘If one delays paying the Zakat in order to give it to a relative who deserves it, or someone who is very much in need for it, it is permissible to wait for a short period, but it would not be permissible if one has to wait for a long period.”

As regards delaying the payment of Zakat on this savings because of the lack of cash money, then this is not a sound excuse, but it is an obligation to give a portion of this money to the people who are eligible for Zakat.

Allah knows best.

Source: https://www.islamweb.net/emainpage/PrintFatwa.php?lang=E&Id=89551


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Whether a Partner in Business Partnership is Entitled to Salary?

Source: https://www.islamweb.net/emainpage/PrintFatwa.php?lang=E&Id=335446

Question:
Assalaamu alaykum.
‘A’ brought a business concept and requested me to invest. Me and two friends agreed to invest. ‘A’ agreed to manage the business. ‘B’ is a finance professional and agreed to look after the finance management. ‘C’ is a marketing professional and agreed to support marketing.

  1. Who is the owner of the business?; only ‘A’, or all partners? Is ‘A’ allowed to take a monthly amount as salary;
  2. How do we consider the role of ‘B’ and ‘C’? Are they entitled to any payment?;
  3. How should their role be considered while sharing the profit?

I kindly accept your feedback. May Allah bless you.

Answer:
All perfect praise be to Allah, The Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger

Your question included several points, and we will answer them in the order in which you mentioned them:

The first question: Who is the owner of the business? Is it person (A) alone, or all partners? The answer is: the business is a joint venture (partnership) between the three if (A) will invest the money of (B) and (C) and will work with the money against a percentage from the profit that will be agreed upon in the contract. He does not have a salary. The partnership, in this case, will be called Mudhaarabah [as underlined in fatawa 5160 and 276166]: (A) with his effort and the two others, (B) and (C), with their money and their work.

However, if (A) will be given a specific salary for his effort and his investment of the money, then he is a hired person (employee) and not a partner; the business, in this case, is between (B) and (C), who are partners with their money and their work.

The second question: Is it permissible for the person (A) to take a sum of money each month as a monthly salary? The answer to this is that if (A) is a partner, then it is not valid that he will be given a specific salary; rather, he takes a percentage from the profit only, if there is any profit, in return for his work.

Ibn al-Munthir said, “All the scholars that we know of unanimously agreed upon the invalidity of profit-sharing if one or both parties stipulate a designated number of dirhams for themselves.”

However, if he only works and has nothing to do with the partnership, then he is given a known salary.

The third question: How do we consider the role of (B) and (C)? Are they entitled to any payment? How should their role be considered while sharing the profit? The answer is that (B) and (C) are partners in the business and the profit of each of them is according to what was agreed upon (between them) in the contract. If the company is a Mudhaarabah, in a way that (A) will work with them as a partner against a percentage from the profit, then the profit is divided between the three according to what was agreed upon in the contract. Since both (B) and (C) are participating with capital and they both work as well, then each of them is entitled to ask for a salary in return for his work or request an increase in their share from the profit. The author of Ar-Rawdh (a Hanbali book) wrote, “Or that one of them works with his money and he gets a profit more than the profit of.…his money [i.e. the profit he is entitled to according to his share from his money]”.

If the third (A) works as an employee with a salary, then the partnership is between (B) and (C) only and the profit is divided between them according to what they agree upon. If one of them works more than the other, then he may request an additional share from the profit in return for that. In any case, what should be taken into account depends on what they agree upon.

Al-Khiraqi said in his Mukhtasar, “If two persons have a partnership in their effort and the capital of one of them, or two persons in their effort and the money of others, or one person in his effort and the capital of another, or the capital of both of them and the effort of one of them, or the capital and effort of both of them – whether the capital is contributed equally or not – then all of this is permissible, and the profit is divided according to what is agreed upon between them.”

Allah knows best.


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Seeks Advice for Opening a New Business.

Source: https://www.islamweb.net/emainpage/PrintFatwa.php?lang=E&Id=84907

Question:
I am opening a new shop for electronics goods and I am new to this business. I want to know what are the things I need to do apart from being honest and not cheating so that Allah may bless my business with prosperity and let it flourish. What are the Dua’s or supplications or prayers I need to perform every day in the light of the Qur’an and Sunnah? What should I do when I first open the shop, i.e. are there any supplications or Salat I need to perform every day and what should I do when I close my shop?

Please answer me in the light of the Qur’an and Sunnah and reply soon as my shop is starting this week. I am afraid as whatever I did I did not succeed and this time lots of hard-earned money of my father is being invested. As my father is growing old, day-by-day his strength is diminishing and I need to do something so that my father gets a rest. If I do not succeed my father will have to continue working. Please help me for the sake of Allah and pray to Allah so that my business flourishes and I can give my father the much-required rest.

Answer:
Praise be to Allah, the Lord of the World; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.

Dear inquirer!

We ask Allah, The Exalted, to grant you success Here and Hereafter, to shower you with His blessings and to bless your family and wealth. Know that success is based on the following:

1) Pay Zakat if your business meets the minimum requirements. Make sure to calculate your zakat (by referring to your assets) annually so that you know you need to pay zakat or not. Otherwise, performing charitable activities is recommended.

2) Seeking Allah’s help and supplicating Him since He is The Most Generous. It is proved in the Hadith recorded by al-Tirmizi and Abu Dawood and others that the Prophet (Sallallahu Alaihi wa Sallam) said: “Allah is Modest and Generous, so He does not turn down one’s raised hands (supplicating Him) with failure”.

3) Persevere in truth and sincerity and search for what is Halal, for the Prophetic Hadith: “The seller and the buyer have the right to keep or return goods as long as they have not parted or till they part; and if both the parties spoke the truth and described the defects and qualities of the goods, then they would be blessed in their transaction, and if they told lies or hid something, then the blessings of their transaction would be lost” [Reported by Imam Bukhari ].

4) Seeking the help of experts in the field that you are considering so that they can help you choose successful projects and their best useful means. In this concern, it is proved in the Sunnah that Umm Salamah (Radiya Allahu Anha) said: “Allah’s Messenger (Sallallahu Alaihi wa Sallam) used to say after performing the dawn prayer: ‘O Allah! I ask you for useful knowledge, abundant livelihood and acceptable actions” [Ahmad in al-Musnad].

As for bringing down Allah’s blessings, it is proved in the Sunnah as recorded in al-Musnad from Ali (Radiya Allahu Anhu) that Allah’s Messenger (Sallallahu Alaihi wa Sallam) said: “O Allah! Bless the mornings of my Ummah (people)”.

When you enter a marketing place, you are advised to pray with Allah’s Messenger’s Hadith: “Whoever enters a market place and says: ‘There is no God but Allah, He has not a partner, to Him belongs the authority, His is all Praise, He grants life and causes death, He is The Living One, He does not die, good is in His Hand and He has power over all things; Allah will write down one million good deeds for him (in his account with Him) and cancel one million bad deeds and promote his rank one million degrees more”. Another Hadith reads: “Whoever desires to be pleased with abundance in his provision or that his age be lengthed, should show favor to his blood relatives” [Reported by Imam Bukhari ].

The above-mentioned Hadith states that having good relations with relatives and treating them well brings about more livelihood.

Allah knows best.


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Hijab: Definition & Conditions

Source: https://www.islamweb.net/en/article/135432/hijab-definition-and-conditions

Hijab is an Arabic word that describes the Muslim woman’s entire dress code, which includes a veil and whatever else is needed to cover everything except the face and hands. It is adopted at puberty – an age when, according to Islam, people become accountable for their actions.

This article will attempt to briefly enumerate the basic requirements regarding the Hijab as stipulated by the Sharee’ah (Islamic Law). The term Hijab includes not only dress and the covering of the body, but also the methods of behavior that one has before members of the same and/or opposite sex, promoting privacy for females and prohibiting loose intermingling between males and females; it is, therefore, an encouragement of modesty, decency, and chastity.

The following requirements represent the ones agreed upon by the overwhelming majority of Islamic scholars and are all solidly backed by firm evidence taken from the Quran, the Sunnah (Prophetic traditions) and the practice of the Companions of the Prophet.

1. The Extent of Covering

The dress worn in public must cover the entire body except what has been specifically excluded, based upon the following verse:

Allah Says (what means): “And tell the believing women to reduce [some] of their vision and guard their private parts and not display their adornment [Zeenah] except only that which [ordinarily] appears thereof and to draw their headcovers [Khumur] over their chests and not display their adornment [i.e., beauty] except to their husbands, their fathers, their husbands’ fathers, their sons, their husbands’ sons, their brothers, their brothers’ sons, their sisters’ sons, their female slaves, their women [i.e., their sisters in Islam], or those male attendants having no physical desire, or children who are not yet aware of the private aspects of women. And let them not stamp their feet to make known what they conceal of their adornment. And turn to Allah in repentance, all of you, O Believers, in order that you might succeed.” [Quran 24:31]

The word Zeenah in the above verse literally means adornment, and includes both:

(a) That which Allah has adorned (i.e., the woman’s natural and/or physical beauty), and,(b) That with which they adorn themselves (i.e., jewelry, eye shadow, attractive clothing, hand dye, etc). The word ‘Khumur’ (pl. of ‘Khimaar’) refers to a cloth that covers the head (including the ears), hair, neck, and bosom.

2. Thickness

The garment should be thick and opaque so as not to display the skin color and form of the body beneath it. Delicate or transparent clothing does not constitute a proper covering. Imaam Al-Qurtubi reported a narration from ‘Aa’ishah that some women from the tribe of Banu Tameem came to see her wearing transparent clothing. ‘Aa’ishah said to them: “If you are believing women, these are not the clothes of believing women.” He also reported that on another occasion, a bride came to see her wearing a sheer, transparent Khimaar, whereupon ‘Aa’ishah remarked: “A woman who wears such clothing does not believe in Soorah An-Noor (i.e., the chapter in the Quran that contains the abovementioned verse regarding the Hijab).” Moreover, the following Hadeeth makes this point graphically clear. Prophet Muhammad said: “There will be among the last of my Ummah (Nation), scantily dressed women; they will wear their hair on top of their heads, like a camel’s hump. Curse them – for verily they are cursed.”

3. Looseness

The clothing must hang loosely and not be so tight and fitting to show the shape and size of the woman’s body. This obviously prohibits such things as skin-tight bodysuits and the like. The following Hadeeth proves this point clearly. Usaamah bin Zayd said: The Prophet once gave me a gift of thick Coptic cloth that he had received as a gift from Dahiyyah Al-Kalbee, so I gave it to my wife. Afterward, he asked me: “Why haven’t you worn the Coptic cloth? I replied: ‘I gave it to my wife.’ The Prophet then said: “Tell her to wear a thick gown under it (i.e., the Coptic garment) for I fear that it may describe the size of her limbs.” [Narrated by Ahmad, Al Bayhaqi and Al-Haakim]

4. Colour, Appearance, and Demeanour

Allah Says (what means): “O wives of the Prophet! You are not like anyone among women. If you fear Allah, then do not be soft in speech [to men], lest he in whose heart is disease should covet, but speak with appropriate speech.” [Quran: 33:32]

The reason for the revelation of this verse was not due to the fear of distrust or misbehavior on the part of the women, but rather to prevent them from speaking invitingly, walking seductively, or dressing revealingly so as to arouse sexual desire in the heart of lecherous and evil men. Seductive dressing and enticing speech are the characteristics of ill-intentioned women, not Muslims. Imaam Al-Qurtubi mentioned that Mujaahid said: “Women (before the advent of Islam) would walk about among men.” Qataadah said: “The women (at that time) would wear an untied cloth on their heads, while provocatively toying with their necklaces, earrings, and other ornamental jewelry.”

5. The difference between Men’s Clothing

The clothing of a Muslim woman must not resemble that of men. The following statement helps to explain this: Abu Hurayrah said: “The Prophet cursed the man who wears women’s clothes and the woman who wears men’s clothes.” [Abu Daawood and Ibn Maajah]

6. The difference from the Clothing of Unbelievers

Her clothing must not resemble the clothing of the unbelievers. This is a general ruling of the Sharee’ah which encompasses not only the dress but also matters such as manners, customs, religious practices and festivities, transactions, etc. Indeed, dissimilarity with unbelievers is a precedent that was established by the first generation of Muslims. ‘Abdullaah bin ‘Amr bin Al-’Aas sad: “The Prophet once saw me wearing two saffron-colored garments, so he said: “Indeed, these are clothes of ‘Kuffaar’ (unbelievers), so do not wear them.” [Muslim]

7. No Vain or Ostentatious Dressing

The woman’s dress must not be an expression of ostentation, vanity or a status symbol by being excessively showy or expensive, nor must it be excessively tattered so as to gain admiration and fame for being extremely humble. Ibn ‘Umar reported that the Prophet said: “Whoever dresses for ostentation in this world, Allah will dress that person in a dress of humiliation on the Day of Resurrection, and then set it on fire.” [Abu Daud]


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Our Position Towards Who Introduce Misconceptions

Source: https://www.islamweb.net/en/article/144551/our-position-towards-people-who-introduce-misconceptions

Now, what should be our stance towards these people who introduce and arouse misconceptions? Should we sit with them? Should we listen to what they say? Did Allah not command us not to sit with them and not to listen to what they say in the above-mentioned verse? Did the Prophet  not warn us against them in this regard when he said: “Beware of mixing with them.”

Did the Prophet not comment on the saying of Allah which means: “…As for those in whose hearts is deviation [from truth], they will follow that of it which is unspecific, seeking discord and seeking an interpretation [suitable to them]…” [Quran 3: 7] by saying: “When you see people who arouse misconceptions, beware of them, because they are the ones referred to in this (verse).” [Al-Bukhari & Muslim]

Our Salaf would adopt a very tough stance towards those who aroused and spread misconceptions. Once, ‘Umar ibn Al-Khattab, may Allah be pleased with him, heard that a man by the name of Subaygh ibn ‘Aslam was asking questions that created doubts and misconceptions in the minds of the people, so ‘Umar, may Allah be pleased with him, summoned him and beat him until the man said: “O leader of the believers! Please! This is enough! I am now clear about the things I inquired about.” After this, ‘Umar, may Allah be pleased with him, sent him to live in exile in another city and commanded the people to boycott him, which they did. This continued until the governor of that city sent a letter to ‘Umar, may Allah be pleased with him, seeking permission to allow people to talk to him, as his life had become a miserable one.

Also, Ibn ‘Umar, may Allah be pleased with him, was once informed that a man by the name of Najdah, who was a member of the deviant Khawaarij sect, was spreading doubts and misconceptions, but he, may Allah be pleased with him, avoided listening to the specific details of what he was propagating, lest it would affect his heart. Note that he did this despite him being one of the well-established scholars amongst the Companions, may Allah be pleased with them.

Ibn Mas’ood, may Allah be pleased with him, said regarding misconceptions: “He who lives long enough to see those who spread misconceptions should run away and refuse to talk or listen to them.” One does not have to physically leave the city they are in, but he must allow his heart and mind to escape, for his own protection.

Al-Fudhayl said: “If a man consults a person about a matter and then later direct him to inquire from an innovator, then he has betrayed Islam. Beware of sitting with innovators because they will divert you from the truth … he who sits with innovators has become poisoned (i.e. in his mind), so be aware of him.”

How did Jahm ibn Safwaan, to whom the deviant sect of Al-Jahmiyyah is attributed, divert from the right path? He did this by sitting with atheists who asked him: “Sit with us and discuss your religion, if we convince you then follow our way, and if you convince us, then we will follow yours.” He thought of this as a good opportunity to convince them. They then asked him: “You claim to have a Lord, but did you ever see him, hear him, smell him, find any trace of him, or see a statue that resembles his form?” He replied: “No!” So they said: “Then he does not really exist” Jahm sat for forty days after that, not knowing who to worship as a result of this debate.

Unfortunately, Jahm ibn Safwaan did not possess the intelligence to debate, because if he did, he could have asked them in return if they possessed brains, to which the answer would, of course, be yes; after this, he could have asked them the same questions that they asked regarding Allah about their brains, and conclude that they did not possess any.

A man came to a scholar and asked him: “What are the Jinn created from?” He answered: “Fire.” The man then asked: “Then how can they be punished with fire if they are created from it?” The scholar asked: “What are you created from?” The man replied: “Clay.” So the scholar asked him: “Well, why do you get injured if you are hit with dried clay?”

Many people deviated simply due to allowing themselves to sit with others who aroused certain misconceptions; they listened to what they had to say and thus became confused and doubtful. Others read books that addressed and discussed misconceptions. Yet others deviated due to surfing websites that propagate misconceptions and by chatting online to the people behind them. There is a final type whose curiosity led them to browse such websites simply to see what they contained, and they thus fell into their traps.

One may ask why Allah decreed for such misconceptions to spread. We say that it is a means of testing people generally, as well as their reaction and steadfastness. Of course, Allah knew how people would react before they were even created, but it is to make their reaction evident, as He Says what means: “Or do you think that you will enter Paradise while Allah has not yet made evident those of you who fight in His cause and made evident those who are steadfast?” [Quran: 142] How can anyone be admitted into Paradise without having persevered and fought Jihaad? It is not possible. The Knowledge of Allah must become manifest in reality.

The issue of listening to misconceptions is a grave one, especially during the era in which we live when we are exposed to so many things via numerous means that could divert people and poison their hearts and minds. Yes, we must face these misconceptions and expose their reality to people, but this is the responsibility of the people of knowledge and not that of the common masses – their task is to stay away from such evils and their propagators and not expose themselves to them, because they would not then have the tools to defend themselves and protect their minds and hearts from being influenced. If a common person were to become exposed to any misconception or even think about one, he should immediately refrain from this thinking and rush to inquire from trustworthy scholars to clarify the matter for him as Allah Says what means: “…So ask the people of the message (i.e. people of knowledge)  if you do not know.” [Quran 21: 7]

What are the methods that the deviants deploy to confuse people? They might quote a text from the Qur’aan or the Sunnah that is general in it is meaning and apply it to specific cases where it is not applicable, or quote a part of it, or explain it to mean other than what Allah or the Prophet intended it to mean. They decorate their ideas with eloquent phrases to confuse people, and many people are deceived by these decorations because they are presented in a very clever way.

When a follower of the truth tries to refute these misconceptions, the propagators of doubt prevent him from doing so and play around with the words and terms he uses, but when a deviant request to speak, they open the way for him via numerous satellite television channels or various other media.

Lastly, deviant people generally do not dare to debate with well-founded scholars. This is why the deviant Khawaarij deviant sect refused to debate with Ibn ‘Abbaas, may Allah be pleased with him, when he went to publicly debate with them regarding their beliefs.


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Paying Through Installments?

Source: https://www.islamweb.net/en/article/135440/paying-through-installments

What are installments?

Definition: It is a postponed payment executed in a fixed number of installments at determined times, with a price higher than the cash price.

Is such a sale allowed? Scholars have two opinions:

1-The first opinion: Many scholars of the Hanafi, Maaliki, Hanbali, and Shafi’i schools of jurisprudence rule that it is allowed. They present the following proofs:

A- This form of sale is an example of the sales that are allowed in the Quran where Allah Says (what means): “…Allah has permitted trade and has forbidden interest…” [Quran: 2:275] And also: “…Except when it is an immediate transaction which you conduct among yourselves…” [Quran 2:282]

B- Some prophetic narrations show the permissibility of the increase above the cash price. For example, the Prophet sallallaahu `alayhi wa sallam (may Allah exalt his mention) ordered ‘Amr bin Al-‘Aas, may Allah be pleased with him, to equip an army, so ‘Amr would buy a camel for the price of two due to the payment being in installments. [Al-Haakim & Bayhaqi]

C- In Islam, trades and transactions are generally allowed, provided they are conducted with mutual consent of the contractors unless the particular type of transaction is specifically forbidden by the Shari’ah (Islamic Law). Since there is no convincing proof that this type of sale is prohibited, it remains allowed. Whoever claims otherwise has to provide proof.

2-The second opinion: This is that of Imams Zayn Al-‘Aabideen ‘Ali bin Al-Husayn and Al-Jassaas (may Allah have mercy upon them) from the Hanafi School of Jurisprudence, as well as others who stated that increasing the price in exchange for postponing a payment is similar to increasing the debt in exchange for postponing its fulfillment. Their proofs are:

A- The verse where Allah Says (what means): “…Allah has permitted trade and has forbidden interest…” [Quran 2:275] means that sales that include an increase of price in exchange for deferring payments are forbidden because they are examples of Riba (interest).

B- The Prophet sallallaahu `alayhi wa sallam (may Allah exalt his mention) has forbidden the addition of extraneous conditions to a sale, or to have two sales in one.

C- There is an analogy of this type of sale with the case where some of the debt is forgiven when the debtor pays before the due date. This would mean that time has compensation, and this is plainly Riba.

D- The increase of price because of the deferred payment is an increase in exchange for nothing in return, therefore it is a case of Riba, which, by definition, means to hike up the price in exchange for nothing.

The majority of the scholars have refuted the above proofs, presented by those who prohibit this sale, as follows:

A-To says that this type of sale is like Riba because of the increase in price is refuted. The Prophet, sallallaahu `alayhi wa sallam (may Allah exalt his mention) has determined the cases of Riba, and some scholars have limited themselves to these cases while others have added other cases they thought were considered Riba because they fulfill the same causes. These cases are, however, the object of disagreement between the scholars. But the matter that is disagreed about in this particular case is beyond what was mentioned by the Prophet sallallaahu `alayhi wa sallam (may Allah exalt his mention) and related cases, for it is about a sale in which the kind of merchandise and the evaluation of the price have differed.

B- To say that Riba means an increase in price is also refuted because almost every sale includes an increase in the price. The abovementioned verse [Quran: 2:275] mentions the unlawfulness of Riba in general, but the types of Riba were enumerated by the Prophet sallallaahu `alayhi wa sallam (may Allah exalt his mention) and they were six types. Sale by installments is not included in these six types of Riba, nor is it included in the types added to them by some scholars.

C- Taking as proof the Hadith (prophetic narration) that forbids two sales in one, or extraneous conditions in a sale, is refuted because the forbidden sales in that Hadith are in fact sales where either the price or the merchandise is not specified, which is not the case of the installment sale.

In conclusion, the most acceptable opinion is the one adopted by the majority of the scholars, which allows this type of sale, because of their strong proofs and because they convincingly addressed the proofs presented by the other side. Also, the common interest of all the Muslims requires that it be accepted due to the benefit for both the buyer and the seller.

Two Fatwas (Legal Rulings) Concerning Instalments:

Question 1: What is the Islamic Ruling concerning the increase in the price when there is a deferred payment executed in installments?

Answer: Payment by installments in sales contracts is allowed if it includes legitimate conditions and permissible if the monetary amount of the installments is defined and the times of payment are fixed; as Allah Says (what means): “O you who believe! When you contract a debt for a specified term, write it down…” [Quran 2:282] And also, due to the Hadith: “Whoever loaned something, let him lend it in a known measure, or a known weight, and for a fixed term.” In addition, we have the authentic story of Bareerah, may Allah be pleased with her, who emancipated herself from her masters in exchange for nine Ooqiyyaat (the plural of Ooqiyyah, one of which is equivalent to three hundred and sixty Dirhams), paying one Ooqyyah a year, and this was a payment in installments, and the Prophet sallallaahu `alayhi wa sallam (may Allah exalt his mention) did not condemn it; rather, he approved of it. [Shaykh Ibn Baaz]

This narration indicates that it is permissible to pay in installments.

Even though the texts state that it is permissible to delay payment, there is no text that explicitly states that it is permissible to increase the price in return for the delay.

Hence, the scholars differed concerning the ruling on this issue. Some scholars said that it is prohibited, on the grounds that it is the same as Riba. They stated that this was due to the increase in price in return for the deferment, which is Riba. On the other hand, the majority of scholars, including the four Imaams, were of the view that it is permissible. The comments of the scholars of the four schools of Fiqh (Islamic Jurisprudence) concerning this include the following:

  • The Hanafi School: “The price may be raised in return for delaying payment,” [Badaa’i’ Al-Sanaa’i’, 5/187]
  • The Maaliki School: “For more time some amount may be added to the price.” [Bidaayat Al-Mujtahid, 2/108]
  • The Shafi’i School: “Five in cash is equivalent to six in deferred payment.” [Al-Wajeez by Al-Ghazzaali, 1/85]
  • The Hanbali School: “Delay adds something to the price.” [Fataawa Ibn Taymiyyah, 29/499]

Question 2: A man living in the United States asks if installments used in car sales that include a fee for deferring payment is allowed. This fee increases when the buyer fails to pay on the agreed due dates.

Answer: If someone sells cars or other merchandise for a known fixed price that is payable by installments that are fixed both in time and amount, in such a way that the price does not change when the fixed time of payment changes (i.e., payment is delayed), then this sale is allowed, for Allah Says (what means): “O you who believe! When you contract a debt for a specified term, write it down…” [Quran 2:282] But if the price of the merchandise increases if an installment is paid after the due date, as it is understood in this question, then this is forbidden by consensus of the scholars because this is a case of Riba, which is mentioned (and explicitly forbidden) in the Quran.

[The General Committee for Religious Research, Fatawa, Da’wah, and Guidance]


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Neither Husband nor Wife Has to Pay Zakat Due on The Other

Source: https://www.islamweb.net/emainpage/PrintFatwa.php?lang=E&Id=102345

Question:
Assalaamualaikum, a sister from our forums is asking the following question. We hope that you will be to answer it: “If a person owns a small amount of jewelry (a couple hundred dollars worth), and the same person has thousands of dollars of debt (owed from before accepting Islam), and the person doesn’t have any wealth that has been sitting for 1 year, so, does the person have to pay zakat for the jewelry or not since he/she is drowning in debts?

Another question, If that person is married, but the debts are only under one person’s name (accrued by one of them only), but both feel responsible to pay it back, then does the other spouse need to pay zakat for his/her wealth/assets? I guess really my question is, Are the finances considered combined or separate for the purposes of calculating Zakat?” Jazak Allah khair

Answer:
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

You did not clarify to us whether this gold is possessed for saving and trading, or for use as an adornment.

The predominant opinion is that of the majority of the scholars, may Allah have mercy upon them, who believe that there is no Zakat on gold if it is used for adornment. However, some of them believe that Zakat must be paid on it if it reaches the Nisab (i.e. the minimum amount liable for Zakat, equal value to 85 grams of gold or 195 grams of silver) and a whole lunar year elapses on it.

For more info, please refer to Fatwa no. 87362.

According to the view that Zakat must be paid on this gold, the majority of the scholars, may Allah have mercy upon them, are of the view that if one has debts he is not obliged to pay Zakat on items like gold, silver or cash money unless the debtor has other wealth on which one should pay Zakat, and is enough to cover the amount of debt. In this case, he must first pay the debt and then pay Zakat on the remaining money if it reaches the Nisaab.

Therefore, if the question is about a woman’s adornment, then according to the view that Zakat must be paid on the gold that is used as an adornment or saved for use, then she must pay her debts from the gold which she possesses. After this, if nothing remains of it, or what remains of it is less than the Nisab, she is not required to pay Zakat.

However, it cannot be imagined that the gold that a man possesses is for adornment and use, as he is religiously prohibited from wearing it. Hence, if the owner of this gold is a man, then he should repay his debts (from the gold) and then pay the Zakat on the remaining gold in any case if it reaches the Nisab since he possesses that gold.

Zakat must also be paid on the gold that is saved or used in trade (after paying the debts and provided it reaches the Nisab), whether the owner is a man or a woman.

For more info on the Zakat of an indebted person, please refer to Fataawa no. 82490 and no. 87557.

A husband is not obliged to pay the Zakat which is due to his wife; likewise, a wife is not obliged to pay the Zakat which is due to her husband. Moreover, the spouses are not obliged to add together the money that they possess in order to calculate the amount of Zakat due. Rather, each one of them is required to pay Zakat on his own money if it fulfills the conditions of Zakat. Each one of them has a separate monetary entity.

Allah Knows best.


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Gems from The Treasury of The Quran

Source: https://www.islamweb.net/en/article/134277/gems-from-the-treasury-of-the-quran

The Messenger of Allah, Muhammad sallallaahu `alayhi wa sallam (may Allah exalt his mention) said: “The best amongst you are those who learn the Quran and teach it.” [Al-Bukhari]

What is the Quran?

The Quran is the Book of Allah, which He chose to be the Final of the Heavenly Books. He, the Merciful and Most High, revealed it to Prophet Muhammad sallallaahu `alayhi wa sallam (may Allah exalt his mention) as the source for the Last Religion and a guidance for mankind. Its revelation was a turning point for humanity; it was the power that changed the world, shifted the flow of history, saved and reformed humanity, so much so that the entire existence appeared as if it had been recreated anew.

The Quran is the strongest evidence in support of Prophet Muhammad sallallaahu `alayhi wa sallam (may Allah exalt his mention) and his greatest sign. It is the proof of his prophethood and trustworthiness. Allah, the Most Exalted, Says in the Quran (which means): “They (unbelievers) want to extinguish Allah’s light with their mouths. But Allah will perfect His light, even though the unbelievers may detest it. It is He who has sent His Messenger with guidance and the Religion of Truth, so that he may exalt it over all religions, much as the pagans may dislike it.” [Quran (61): 8-9]

The Quran is the guidance that mankind needs to achieve freedom, happiness, and success, in this life and the next.

The Quran is a complete and comprehensive Book. It deals with the issues man needs, not only for salvation in the Hereafter but also to achieve peace, justice and prosperity in this world. These issues are discussed in the Quran in three main categories: Theology, Fables and Wisdom, Islamic Law (or Shari’ah). Thus, it provides the basic principles, vision and knowledge necessary for planning and leading a good life. All this is packaged in a very comprehensive approach to living that combines the pursuit of worldly affairs as well as those of the Hereafter.

Allah Almighty Says in the Quran (which means): “And seek by the wealth provided for you by Allah the eternal abode (the Hereafter) but do not forget and (and forsake) your share of this world. Be kind and good (to others) just as Allah was kind and good to you. And desire not corruption in the land. Indeed, Allah does not like corrupters.” [Quran (28): 77]

The Quran has an inimitable style and format that has never been seen or experienced in any other book or methodology. The richness of its text and the discourse it offers are unprecedented and unmatched in their eloquence, proficiency, fluency, conformance, and harmony. Not only is the Quran a linguistic masterpiece and magnum opus par excellence, but it is also indeed a miracle in the fullest sense of the word. Those reciting it never become weary of it and those who ponder upon its meanings do not doubt it; rather, they always discover fresh insights and knowledge. It guides those seeking guidance and increases those who believe in it in faith. Its first parts resemble its latter parts and it can only be likened to itself in its unparalleled beauty.

The Quran is free from contradictions and those who understand the Arabic language and contemplate upon its chapters and verses will find harmony between its various parts. Allah, the Most High, Says (which means): “Why do not they contemplate the Quran? And if it were from other than Allah, they would have found in it numerous discrepancies.” [Quran (4):82].

Indeed, every time the disbelievers tried to raise issues of contradictions in the Quran, Muslim scholars proved beyond doubt that no part of the Quran belies or contradicts another. The reason is that what may appear as a ‘contradiction’ in the Quran is actually what the Quran calls Muhkam (clear) and Mutashabih (unclear) verse. This is actually a part of the Quran’s textual strength and miraculous composition.

The Quran Restores Soul Calmness
The Islamic Medical Sciences Organization declared the striking results of a study conducted by Dr. Ahmad Al-Qadhi over a group of volunteers from the USA who were subject to a recitation of the Holy Quran. A trace of a tranquilizing effect was recorded at a whole rate of 97%. Although many of these volunteers do not know Arabic, yet involuntary physiological changes that led notably to alleviate the acuity of tension they had before were observed in their nervous systems.

Furthermore, an experiment of EEG during Quran rehearsal revealed that while listening to Quran, the encephalic waves moved from the fast pattern of vigilance (12-13) wave/ second to the slow pattern (8-18) wave/ second; indicating the state of deep calmness. Non-Arabic speaking persons felt reassured, quiet, and complacent during the process of listening to Quranic verses, in spite of their inability to understand the meanings. This is one of the miracles of the Holy Quran.

The Prophet sallallaahu `alayhi wa sallam (may Allah exalt his mention) revealed that miracle when saying;

“No people assembled in one of the houses of Allah (mosques), and recite and study the Book of Allah (among themselves), except that tranquility would prevail over them, mercy would encompass them, the angels would surround them, and Allah would make a mention of them in the presence of those near Him (angels).” [Muslim]


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Does Asnaf Need to Pay Zakat?

Source: https://www.islamweb.net/en/fatwa/118692/

Question
I am a poor, penniless man and the father of two disabled children. Righteous people gave me from the wealth of Allah such as Zakat and charity. Now, I own a Nisab on which one full lunar year (haul) has lapsed. Is Zakat due on me?

Answer
All perfect praise be to Allah, The Lord of the worlds. I testify that there is none worthy of worship except Allah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and messenger.

The majority of scholars hold that Zakat is due on wealth. The condition by which Zakat becomes due is to own a Nisab on which one lunar year (haul) has passed. Therefore, whenever a Muslim owns a Nisab of a kind of wealth on which one full lunar year lapses, Zakat becomes due on him whether he is rich or poor. Hanafi jurists, however, excluded the wealth that is saved for one’s basic needs such as food, drink, clothes and so on as they said: “No Zakah is due on it”.

The majority of scholars hold a different view from that of the Hanafi scholars as they hold that whoever owns a Nisab is required to pay Zakat on it even if he is poor. They also say that being entitled to receive Zakat does not prevent it from being due on a person. They set a difference between the limit of wealth that makes Zakat due and that which prevents one from taking it.

According to Malik, Ash-Shafi‘i, and Ahmad (may Allah have mercy upon them), the limit of wealth that makes Zakat due on someone is owning the Nisab. In relation to this, Ibn Qudaamah (may Allaah have mercy upon him) said: “The fourth condition: Richness, based on the statement of the Prophet, sallallaahu ‘alayhi wa sallam, to Mu‘aath ibn Jabal may Allaah be pleased with him, ‘Inform them that they have to pay an obligatory charity that is taken from their rich to be given to their poor.’ [Al-Bukhari and Muslim]. This is also because Zakat is obligatory so as to be a source of assistance to the poor. Hence, there should be a considerable limit of wealth so as to achieve such assistance. The considerable limit of wealth in such a condition is to own a Nisab that is free from debt.”

The limit of wealth that prevents one from taking Zakat is owning what is sufficient for fulfilling one’s needs, whether it has reached the Nisab or not. Al-Khattaabi (may Allaah have mercy upon him) said about this, “Malik and Ash-Shafi‘i said: “There is no specified limit for wealth, but what counts is the financial capability of a person. So, if a person owns what suffices his needs, it is unlawful for him to take charity and, if he becomes in need, then it is lawful for him to take it.” Ash-Shafi‘i said: “A man who can earn his living may be rich by having only one dirham while another, who is too weak to earn his living and has many dependents to provide for, maybe poor despite having 1000 dirhams.”

On the other hand, Hanafi scholars hold that the same criterion should apply in both cases. This means that one who owns the Nisab is not permitted to receive Zakat because, by owning it, he is considered rich. However, the preponderant opinion is held by the majority of scholars. Therefore, you should know that you have to pay Zakat on your money as long as it has reached a Nisab and a full lunar year has lapsed on it. This also does not cancel the permissibility of taking from the Zakat money if you are entitled to receive it under the Shari‘ah.

Allah Knows best.


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