Muslims Trading with Other Countries?

Question:
My question is regarding trade. As far as I know, in Islam it is allowed to do trade with Christians, Jews (Book Holders) Today most of the Muslim countries do their businesses with Japan, Korea and those countries which are neither Jewish or Christian. Is this right? Secondly, the goods that Muslim country buy from these countries is sold in local markets. Are Muslim masses allowed to buy these goods?

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 (may Allaah exalt his mention) is His slave and Messenger.

In principle, it is permissible for a Muslim to buy from Jews, Christians, polytheists, and all other non-Muslims or to sell them goods within the limits of the Shari’ah.

However, any involvement in Riba (interest and/or usury), selling pork and the like are forbidden. Therefore, there is no harm to purchase their food, drinks, garments, means of transport, etc. as long as they do not contain any prohibition of the Islamic Shari’ah.

Allaah Knows best.


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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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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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The Ethical Framework for a Muslim Investor

Money, money, money. Doesn’t it make your head spin sometimes? Think of all the things you can do if you just had a little more…

Unfortunately, this compelling greed and need sometimes drives us to make financially unsound decisions, and worse still, even un-Islamic ones. The following article outlines various aspects of Islamic financial dealings, from paying the one you hire to what not to pay when you owe someone. There is so much evidence with regard to Islamic finance that they cannot and must not be ignored. If you ever intend to spend another money, you must read on.

The Hirer and the Laborer
Nothing bonds employees to their place of work more than the fulfillment of their contractual rights, including receiving their wages on time – such treatment fosters loyalty and a sense of belonging as well as financial security for themselves and their family. The Prophet SAW (may Allah exalt his mention) said: “Give the laborer his wages before his sweat dries away.” [Ibn Maajah]. He SAW (may Allah exalt his mention) gave a stern warning to those who do not meet their obligations by saying: “Allah Almighty Said (what means): ‘I will be an opponent to three types of people on the Day of Resurrection: one who makes a covenant in My name, but proves treacherous; one who sells a free person and eats his price and one who employs a laborer and takes full work from him, but does not pay him for his labor.’” [Al-Bukhari].

Our Wealth and Charity
However, the highest among the list of financial obligations is that of our obligation toward our Creator. The rich begin to fulfill this obligation by giving Zakah to the poor and they continue the fulfillment by giving charitable donations whenever needed. Fulfilling one’s obligation towards Allah purifies the capital from inadvertent errors and suspicion, as well as purifies the soul from stinginess and selfishness.

Zakah does not eat away capital, rather it increases it. On the other hand, withholding Zakah is a direct reason for bankruptcy. When people withhold Zakah, Allah withholds rain from them and if it were not for the sake of preserving cattle and wildlife, the rain would cease altogether. Evidence abounds on these issues from both the Quran and Sunnah.

Allah Says (what means): “… And those who hoard gold and silver and spend it not in the way of Allah – give them tidings of a painful punishment. The Day when it (the gold and silver whose Zakah was not paid) will be heated in the Hellfire and seared therewith will be their foreheads, their flanks, and their backs, (it will be said), ‘This is what you hoarded for yourselves, so taste what you used to hoard.’”[Quran, surah at-Taubah: verse 34-35].

Allah also Says (what means): “And those within whose wealth is a known right (Zakah). For the petitioner and the deprived.” [Quran 70:24-24].

And in another verse, Allah Says (what means): “Take, (O Muhammad), from their wealth a charity by which you purify them and cause them increase, and invoke (Allah’s blessings) upon them. Indeed, your invocations are reassurance for them. And Allah is Hearing and Knowing.” [Quran, surah at-Taubah: verse 103].

The Prophet SAW (may Allah exalt his mention) said: “No owner of treasure who does not pay Zakah (would be spared) but (his hoard) would be heated in the Hellfire. These would be made into plates and with these, his sides and his forehead would be cauterized till Allah pronounces judgment among His servants during a Day, the extent of which would be fifty thousand years. He would then see his path, leading either to Paradise or to Hellfire…” [Muslim].

One has only to regard the effect that Zakah has on society to recognize its importance. The money is paid by the rich in order to fulfill their obligation towards Allah, and then used by the poor to relieve their suffering. In a society where giving and receiving are carried out in good faith, the poor live peacefully with the rich in flourishing and stable solidarity. The Prophet SAW (may Allah exalt his mention) gave an example of this society by saying: “When the Ash’arites run short of provisions in the campaigns or run short of food for their children in Al-Madeenah, they collect whatever is with them in a cloth and then partake equally from one vessel. They are from me and I am from them.” [Al-Bukhari].

Avoiding Ribaa (Interest)
A careful analysis of the history of civilizations reveals a common root to all turmoil and political unrest – and that root is usury. This is the reason why Islam took an extremely firm stand on the issue of interest.

Muslim investors should be extremely careful to avoid engaging in transactions involving interest or in any transaction involving interest masquerading as a seemingly lawful transaction.

Allah forbade interest and threatened those who take it with severe punishment, when He Says (what means):

“Those who consume interest cannot stand (on the Day of Resurrection) except as one stand who is being beaten by Satan into insanity. That is because they say: ‘Trade is (just) like interest.’ But Allah has permitted trade and has forbidden interest. So whoever has received an admonition from his Lord and desists may have what is past, and his affair rests with Allah. But whoever returns (to dealing in interest or usury) – those are the companions of the Fire; they will abide eternally therein. Allah destroys interest and gives an increase in charities. And Allah does not like every sinning disbeliever.” [Quran, surah al-Baqarah: verse 275-276].

Allah Almighty declared war against those who take interest and encouraged lenders to be patient with borrowers to the point of absolving them from all, or part, of the loan in the following verse, when He Says (what means):

“O you who have believed, fear Allah and give up what remains (due to you) of interest if you should be believers. And if you do not, then be informed of a war (against you) from Allah and His Messenger. But if you repent, you may have your capital – (thus) you do no wrong, nor are you wronged. And if someone is in hardship, then (let there be) postponement until (a time of) ease. But if you give (from your right as) charity, then it is better for you, if you only knew.” [Quran, surah al-Baqarah: verse 278-281]

Islam’s ruling on taking interest is very straightforward and severe. It is considered to be one of the seven mortal sins. The Prophet SAW (may Allah exalt his mention) said: “Avoid the seven great destructive sins.” The people inquired: ‘O Allah’s Messenger! What are they?’ He said: ‘To join others in worship along with Allah, to practice sorcery, to take the life which Allah has forbidden except for a just cause (according to Islamic law), to eat up Ribaa (usury), to eat up an orphan’s wealth, to show one’s back to the enemy and fleeing from the battlefield at the time of fighting; and to accuse chaste women, who do not have any unchaste thoughts and are good believers.’”[Al-Bukhari].

The Prophet SAW (may Allah exalt his mention) went on to curse the taker of interest, its payer and also the one who records it, including the two witnesses. He SAW (may Allah exalt his mention) said: “They are all equal.” [Muslim].

The Prophet SAW (may Allah exalt his mention) further said: “This night I dreamt that two men came and took me to a holy land whence we proceeded on till we reached a river of blood, where a man was standing, and on its bank was standing another man with stones in his hands. The man in the middle of the river tried to come out, but the other threw a stone in his mouth and forced him to go back to his original place. So, whenever he tried to come out, the other man would throw a stone in his mouth and force him to go back to his former place. I asked: ‘Who is this?’ I was told: ‘The person in the river used to eat Ribaa.’” [Al-Bukhari].


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All Parts of Kitab Al-Kasb Series by Al-Shaybani

There are 50 parts in Kitab Al-Kasb. Click the Link-chapter below to start reading.

Part 1: The Linguistic Meaning of ‘Earning’

Part 2: The Legal Status and Virtue of Earning a Livelihood

Part 3: Earning a Livelihood is the Way of the Messengers

Part 4: Two Types of Earning and Their Legal Status

Part 5: The Permissibility of Lawful Earning and the Aberrancy of Some of the Sufis in Forbidding It.

Part 6: Mention of the Arguments for the Permissibility and Commendation of Earning.

Part 7: Invalidating the Obfuscations of Some of the Sufis in Regard to Their Prohibition of Earning.

Kitab Al-Kasb (Part 8): Taking Recourse to Cause Does Not Negate Reliance.

Kitab Al-Kasb (Part 9): The Obligatoriness of Earning the Indispensable Amount and the Aberrancy of the Karramites for Denying It.

Part 10: Proof for the Obligatoriness of Earning up to the Indispensable Amount and Rebuttal of the Obfuscations of the Karramites in Denying It.

Part 11: Is Occupation with Earning Better or Devotion to Worship?

Part 12: Is the State of Indigence Better or the State of Affluence?

Part 13: Is Gratitude for Wealth Superior or Patience in the Face of Poverty?

Part 14: The Ranks of Earning and Their Legal Rulings.

Part 15: Permissibility of Earning to Amass Wealth, though Safety Lies in Not Doing So.

Part 16: In Earning There is the Meaning of Cooperation in Acts of Devotion.

Part 17: Permissibility of Lowly Earnings.

Part 18: Types of Earnings.

Part 19: Agriculture is Not At All Reprehensible

Part 20: Is Commerce Superior or Farming?

Part 21: The Obligatoriness of the Quest for Knowledge.

Part 22: The Obligatoriness of Conveying Knowledge and Delivering It to People.

Part 23: The Importance of the Quest for Knowledge and the Manner of Its Need.

Part 24: What is Obligatory to Expound of Knowledge and What Is Not Obligatory

Part 25: Mention of the Individual Obligation and the Communal Obligation, and that Conveying Knowledge to People is a Communal Obligation

Part 26: Conveying the Virtues and Preferences is Also an Obligation

Part 27: Negating the Obligation of Narrating Everything a Jurisprudent Heard, and the Explication of This Position.

Part 28: Matters by Which the Bodies of the Children of Adam are Supported.

Part 29: Wisdom in Allah’s Ordaining the Livelihoods of Servants through Apparent Causes.

Part 30: Permissible Earning is in the Category of Cooperation on Devotion and Obedience

Part 31: The Problems of Provisioning: Eating and Drinking.

Part 32: Covering the Private Parts.

Part 33: The Obligation of Providing Containers to Transport Water to Women.

Part 34: Warning Against Abstaining from Eating, Drinking and Taking Shelter.

Part 35: Impermissibility of Spoiling Food and Squandering It.

Part 36: Types of Squandering in Food.

Part 37: Prohibition of Conceit, Bragging and Vying for More.

Part 38: Extravagance and Temperance in the Matter of Clothing.

Part 39: Abomination of Seeking to Be Perpetually Satiated with Food.

Part 40: Abomination of Starving the Self Except for a Sound Purpose.

Part 41: The Obligation to Feed the Needy and the Mention of Its Elucidation

Part 42: Obligation of Asking in an Exigency if One is not Capable of Earning.

Part 43: Elucidating that the Giver is Superior to the Taker, and Its Elaboration at Length.

Part 44: The Believer is Rewarded for Providing for Himself, and for His Family and Others

Part 45: Reward and Reckoning, and Reprimand and Penalty with Respect to Spending in Its Various Aspects.

Part 46: Types of Activities of the People of Legal Responsibility and Their Discussion at Length.

Part 47: The Abhorrence of Wearing Silk and Its Dispensation in Time of War.

Part 48: Legal Ruling on Plastering Mosques with Gypsum and the Like

Part 49: Permissibility of Beautifying by Wearing the Finest and Best Garment

Part 50 (FINAL PART): Dispensation in Comfortable Living and Enjoyment of Pleasures, together with Safeguarding against Committing the Forbidden, and Heedfulness in Discharging the Obligatory Duties

References:

22 The Book of Earning-700x700


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Kitab Al-Kasb Series (Part 50) (FINAL PART): Dispensation in Comfortable Living and Enjoyment of Pleasures, together with Safeguarding against Committing the Forbidden, and Heedfulness in Discharging the Obligatory Duties

This is my last share part of the translation of the book Kitab Al-Kasb (the book of Earning a Livelihood) written by Muhammad Ibn Al-Hasan Al-Shaybani.


Part 50 (The Last Part): Dispensation in Comfortable Living and Enjoyment of Pleasures, together with Safeguarding against Committing the Forbidden, and Heedfulness in Discharging the Obligatory Duties.
The upshot here boils down to the fact that limiting oneself to the minimum that is sufficient is a (legal) stringency; whereas what is in excess of that, such as luxurious living and enjoyment of pleasures, is a (legal)dispensation. The Prophet has said, “Verily, Allah loves that His dispensations are made use of, just as He loves that His stringencies are observed” [Narrated by Ahmad]. He also said, “I was sent with the true, magnanimous religion, and I was not sent with the difficult, monastic religion” [Narrated by al-Khatib].

Thus, we know that if a person avails himself of the dispensation by partaking of comfortable living. no one has the right to consider him sinful for doing that. And if he checks himself and breaks his desires then that is better for him, and he shall become among those who enter the garden without being held to account. This accords with what was narrated that the Prophet said, “Verily, Allah has promised me that He will bring into the garden seventy thousand people of my Community without holding them to account.” It was said to him, “Who are those, O Messenger of Allah?”He said, “Those are people who do not cast spells and do not augur evil, do not cauterize, and they rely on their Lord.” And in a narration (he said further), “Then He added for me to them seventy thousand (more people).” And in yet another narration he said, “Then He added for me to each of the former and latter group (of seventy thousand), another seventy thousand (more people).

In a well know hadith, it is narrated that the Prophet said, “A servant’s two feet shall not move away (from where they stand) on the day of resurrection until he is questioned about four things: about his lifetime, how he spent it; about his youth, how did he exhaust it; about his wealth, how did he earn it, and what did he spend it on” [Narrated by al-Tirmidhi, al-Tabarani and al-Mundhiri]. If he had spent his wealth on that in which there was the seeking of the pleasure of Allah, then his reckoning and his questioning would be lighter on him than that would be the case if he had spent it on desires of his body.

Imam Muhammad Ibn Al-Hasan Al-Shaybani says, “There are a number of praiseworthy qualities that are incumbent on a person to hold on to, such as: safeguarding oneself from committing iniquities whether openly or secretly; heedfulness in discharging the obligatory duties, and to wrong anyone, whether a Muslim or a covenanted person. As for what is other than these, Allah has indeed made the matter flexible for us, and so we should not be too restrictive on ourselves, or on any one of the believers.”

Concluding Statement

Muhammad ibn Sama’ah says, “Muhammad Ibn Al-Hasan said, ‘This which I have elaborated for you are the views of Umar, Uthman, Ali, Ibn Abbas, and others of the Companions of Allah’s Messenger, and may He be pleased with them all. It is the legal position of Abu Hanifah, Abu Yusuf, Zufar, and others after them of the jurisprudents; and we hold on to all of that. And Allah knows best what is correct. All praise is due to Allah, to Himself alone; and may Allah bless our Master, Muhammad, and his Family and His Companions, and greet them with the foremost greetings of peace. And Allah suffices for us, and He is the best guardian.

References:

22 The Book of Earning-700x700


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Kitab Al-Kasb Series (Part 49): Permissibility of Beautifying by Wearing the Finest and Best Garment

Every Wednesday, I will share a part of the translation of the book Kitab Al-Kasb (the book of Earning a Livelihood) written by Muhammad Ibn Al-Hasan Al-Shaybani.


Part 49: Permissibility of Beautifying by Wearing the Finest and Best Garment.
This matter also applies to clothing, for there is no harm for a person to adorn himself by wearing the finest and best garment, as the Messenger of Allah used to own a long outer garment of Fenner cur, with a patterning of silk; and he used to do it during festivals and for receiving delegations. However, it is better to make do with normal clothing which is less (opulent) than that, for it was narrated that the working garment of the Messenger of Allah used to be like the garment of an Oiler.

Likewise, there is no harm in having a beautiful bondswoman, for the Prophet apart from having (as wives) free women also had a bondswoman, Mariyah, with whom he begot a son, Ibrahim. And Ali, apart from having free women (as wives) also had a bondswoman with whom he begot Muhammad Ibn al-Hanafiyyah. Thus we know that there is no harm in that. The basis of this is the statement of Allah, “Say: Who has forbidden the finery of Allah which He has produced for devotees, and wholesome means of subsistence?” [Al-Quran, surah Al-A’raf, verse 32].

Imam Muhammad Ibn Al-Hasan Al-Shaybani says, “If people were to be content with what is less opulent than that, and direct their surplus toward preparing for their hereafter, that would be better for them.”

The basis for this is the hadith of Abu Dharr (in which is narrated) that he used to hold on to the curtains of the Ka’bah during the Hajj season, and call out with his loudest voice, “O take heed! As for those who know me, they know me; and as for those who do not know me, then I am Abu Dharr Jundub ibn Junahad, the Companion of the Messenger of Allah. Indeed, every one of you – when you want to go on a journey – you prepare for your journey; and so, what is the matter with you that you do not prepare for the journey to the hereafter, even though you are almost certain that journey is something that you cannot avoid? And truly, whosoever desires to go on a journey in the world, if it occurs to him to turn back, he may do so; and if he asks for a loan, he gets it; and if he requests for something, most likely it will be given to him; but none of these (options) will be obtainable on the journey in the hereafter.” 

Yahya ibn Mu’adh was asked, “What is the matter with us who are certain about death but yet do not love it?” He said, “Verily you are in love with the world, hence you abhor leaving it behind you. If you send ahead what you love then you will surely love to meet it.” Therefore we know that it is preferable for a person to make do with what is indispensable of the world, and to send ahead for his hereafter what is in excess of that of what he earned; but if he enjoys anything of that excess in this world after having earned it licitly, then there is no harm in that.

The view that considers as sinful one who spends on himself and on his dependents out of what he earned licitly, and delivers from it what is due to Allah, is a view that is not correct, even though the best path is the path of the Messengers. We have elaborated that they made do only with what was indispensable for themselves of the world, especially our Prophet; for when it was presented to him the keys to the treasuries of the earth, he declined them, and said, “I shall be a serving prophet. I go hungry one day, and I am sated one (other) day. When I am hungry I shall have patience, and when I am sated I shall give thanks.”

However, notwithstanding this, he at times partook of some of the wholesome things, such that it was narrated that one day he said, “I wish we had wheat bread dipped in butter and honey which we could eat.” Whereupon ‘Uthman prepared it and brought it in a large bowl. It was said that he did not partake of it, but the sounder view is that he partook of some of it, and then instructed that the remainder be given away in charity. Also, a roasted young and plump billy goat was gifted to the Prophet and he ate some of it with his Companions. And he also partook of what was served before him, he said to one of his Companions, “Give me a shank.”

Through these reports, it becomes clear to us that he at times partook (of the wholesome things) to make known to us that there is no harm in that for us, though most of the time he made do with what is less than that to make known to us that that is better; as it was narrated that A’ishah used to weep for the Messenger of Allah and say, “O one who wore not silk, nor ate his fill of barley bread.”

References:

22 The Book of Earning-700x700


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What the Holy Quran Says About Interest Takers

Interest called Riba’, is prohibited and haram money. Allah SWT has prohibited it and any business that involves giving or taking of interest is also haram. Allah has mentioned about interest and its takers at many places in the Quran and has warned them for their act:

“Allah destroys interest and gives increase for charities. And Allah does not like every sinning disbeliever.” [Al-Quran, surah Al-Baqarah, verse 276]

Allah had ordered us to stop the transactions in interest and give charity. When dealt in interest, people strive to earn the most from investing the minimum amount. This causes the imbalance of money supply in the markets. Thus the money circulation stops to only one corner of the society with those who can pay interest and those who know all the tactics to take an interest at every little transaction. We see this happening in society today. There is no money circulation on the society where interest prevails.

But when charity is given, this money is utilized only by those who are poor earners. There is a large number of people who earn less than one dollar daily, so when the charity is paid, money goes down instead of going up, making a complete opposite money circle than is seen in the interest-based society. Money goes down and the level of people’s life standard goes up and equality grows in society. This leads to a balanced economic society and also the expropriation of other’s rights becomes rather impossible. this is just one logic to shun the use of interest there are many others. Allah says in the Quran (which means):

“O you who have believed, fear Allah and give up what remains [due to you] of interest, if you should be believers.” [Al-Quran, surah Al-Baqarah, verse 278]

This verse is a clear cut message of Allah to those who are Muslims. They cannot deal in interest if they want to be believers.

We should fear Allah and we should fear that torment and that humiliation which could be faced if we do not take care of the money we earn.

This is a very serious problem in our society today because there is no business deal which does not involve interest to be paid or to be taken. Similarly, people in their daily lives, get loans for any purpose, these small or large loans also involve a small or huge amount of interest. Once taken, the borrower will have to pay the interest amount or it will be multiplied with each default. This is how one class of people make all the money and expropriates the rights of others.

In Quran, Allah says that when usury is paid, it does not do any good to society or it does not do any good to that person even, rather it only increases the money of those who already have more than enough by expropriating the rights of others. But if zakat is paid, it does not only earn the pleasure of Allah but also beneficial for the society at large. All the debates on economic realities and political system related to economic justice and all can be thrown to dust bin only by following Quran and Sunnah and by adhering to what Allah has told us to do.


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