Ibaadat is not only Salaat, Fasting etc.

During a discussion which related to an ‘Aalim who refrained from accepting doubtful wealth, Hazrat Moulana Ashraf ‘Ali Thaanwi (rahmatullahi ‘alaih) mentioned:

Nowadays, the required level of taqwa and caution is not seen among people in matters relating to wealth. There are many people who confine piety to their ‘ibaadaat (i.e. virtuous deeds and actions). Many are even punctual on tahajjud, chaasht and ishraaq and in completing their wazeefas. However the inordinate passion and love for wealth within their hearts does not seem to decrease. As a result, they do not exercise the required level of precaution in their business dealings and monetary affairs and continue to consume doubtful wealth.

(Malfoozaat-e-Hakeemul Ummat)

HOW TO SPOT FINANCIAL/ INVESTMENT SCAMS

In this day and age financial or investment scams can be particularly difficult to spot. These scams are being actively promoted on social media across the globe. Those who invent these schemes know that potential victims will do a certain amount of due diligence but they hope that people will not probe too deep to unearth the truth and that peoples greed to make a quick buck, to get rich quickly will make them part with their money. Many recruit individuals who appear to be reasonable, well educated, some with titles (such as doctors), experienced in finance and investing to promote the scams. Such tactics make it extremely difficult for the average person not to be attracted and become a victim of such schemes. Indeed, many of those promoting the scam are unaware of the fact that the whole scheme is a scam, they are just being used and promoting these scams to their feed their own desire to get rich quick. Many unsuspecting individuals “invest” simply because those promoting these scams seem credible, they appear to be honest, good Muslims.

Many of these financial or investment scams are based on a pyramid multi-layered marketing hybrid model. Such schemes rely on recruiting a large number of people across the globe, so that a huge number of people are scammed of relatively small amounts of money to line the pockets of the very few at the top of the pyramid. From an Islamic perspective, both pyramid schemes and multi-level marketing schemes are impermissible. Please see fatawa no. 22935 (14/03/1425AH) by the Standing Committee for Academic Research and Issuing Fataawa, fatawa number 1152/ 993-L/ 1429 issued by Darul Ifta, Daul Uloom, Deoband and fatawa by mufti Siraj Desai on this subject.

Here is a list of 20 red flags which one should watch out for, signs which should put you on the alert and to exercise caution.

Beware of phrases like:
1. “Passive income”
2. “Become financially independent”
3. “Guaranteed income”
4. “High returns, No or low risk”
5. “You won’t have to work again”
6. “Revolutionary” “Innovative”
7. “Once in a lifetime opportunity”
8. “Look how much I have made since joining….”
9. “If interested PM me”
10. “Don’t delay” “Act now”

Beware of “investment” schemes which involve:
11. Recruiting others into the scheme to earn commission
12. Tiers of membership
13. Compensation plan
14. Bonus points

Beware of “investment” schemes in which:
15. What is being sold is not clear
16. How the income will be generated is not clear
17. The investment is too complicated to understand
18. No detailed documentation of the investment scheme
19. No history or track record of ROI
20. It just seems too good to be true.

It is essential for Muslims to do their utmost to ensure that their earning are halal, that means avoiding dubious forms of income including pyramid (and Ponzi) and multi-level marketing schemes.

Dr. A. Hussain
16th Dec. 2019

TRADING THE QUR’AAN FOR A MISERABLE PRICE

THE HYPOCRITE QAARIS

TRADING THE QUR’AAN FOR A MISERABLE MONETARY PRICE

QUESTIONS

(1) A Brother queries:

The trend of paying a qaari for Qur’aan recital is becoming more common. The payment for his recital is per qiraat. It excludes flights, meals, accommodation, tours, etc. Is it correct for a Qaari to have a set fee per recital? Is it permissible to contribute to such a fee? Is it permissible to attend such programs?

(2) Another Brother says:

I am sending an article by Bashir Patel and Zaheer Zardaad. The hypocrisy is outrageous. Please comment on the hypocrisy of today’s qaaris. (The article by Qaari Bashir Patel is reproduced hereunder –The Majlis)
(3) A third Brother states:

Apparently a qaari whom The Majlis had banged some time ago wrote this (the reference is to Qaari Bashir Patel’s article appearing hereunder – The Majlis). Some people jumped down his throat for exposing this (treachery of trading the Qur’aan for miserable monetary gain – The Majlis).

There was supposed to have been a Qiraat program this week (December 2019) in Gauteng, but was cancelled when the public heard of the exorbitant amount the hosts had to pay the qaari. There is currently an Egyptian qaari in South Africa engaging in the qiraat business. Perhaps The Majlis can comment on this.

Bashir Patel’s article

PAY UP, OR NO QUR’AN ENTERTAINMENT!!

(The Scourge of Qaris for Hire)

By Qari Basheer Patel

A rose by another name is a rose – a fee by another name is a fee.

In the last 2 decades an ill has crept into our society where we pay visiting qurra for reciting the quran. This trend progressed and some local qurra began charging for their recitals. This was followed by speakers charging for their talks. To crown all this, agents or middlemen sprung up and started placing markups! (can we imagine the masjid mutawallis making a cut before paying the imam, muazzin or teachers?) we’ll call that theft!

Many of us try to justify this in various ways:

We call it a gift. Is a gift anticipated, forget stipulated.

Do we set up collection drives for forwarding gifts?

Do I refuse to recite if I’m not guaranteed a gift?

When these questions can’t be answered, we say, “we’re paying for his time”. Its now very confusing. Are we giving him a gift (which comes without having to render a service) or are we paying a fee for his ‘time’ (which is after rendering a service), as he also has a family to support?

The concept of paying for his ‘time’ is flawed in itself. Later scholars permitted the paying of teachers, imams and muazzins saying saying that we’re paying for time and not deeni knowledge. This was due to fear of slowly losing deeni knowledge as people will be busy earning their livelihood and find no time in teaching us deen. So it was allowed through necessity. In the case of a visiting qari, does that fear exist?

Secondly, is his time worth $1500 per hour whereas your imam doesn’t earn that in a month? Worse off is the muazzin who often doesn’t earn that in a year and even worse than that is the Apa who taught you and me how to read Quran in the maktab. Haven’t they families to support? My suggestion to such a qari, “don’t leave your job if you can’t afford the time out”.

To my people, if we really need them, then look at the average daily wage we pay our imams and pay him that for each day + his economy travel and average accommodation.

Who brings value to our lives?

Today I sit as a qari through whom students graduate. الحمد لله I learnt by an Apa called my mother. Like me there hundreds of huffaz who learn basics from other apas who were not their mothers. Is their time not valuable?

Unlike the imam, muazzin or apa, what service did he render?

Quran is not for entertainment. It is for pondering over the message. You don’t need someone to read in the nahawand rhythm for that. Ask your child to read to you. He’ll become proficient, you’ll be rewarded and it’s FREE, and who knows – he’ll be a qari 1 day! Maybe he’ll perform the taraweeh and I’ll be inspired by listening to him!

Secondly, do we pay our local qurra those amounts? Do they have families to support? (i ask this although I disagree with paying them as well, and teach my students to read without any desire for payment).

Ibn Taymiyyah (RH) mentions that sahabah would gather in the masjid and ask one of them to start reciting while others follow. Can anyone tell me how much that sahabi was paid?

Let’s not be naive and make excuses for wrong.

Quran is nafl ibadah and not a service to be charged for.

(End of Qaari Bashir’s article)

============================

THE SPURIOUS AND STUPID JUSTIFICATION OF A MORON. MUNAAFIQ QAARI

In justification and vindication of the evil of selling qiraat for vile monetary gain by these devilish qaaris who will be the consumers of the pus of Jahannam’s inmates, one moron qaari presents the following absolutely spurious and stupid arguments:

1) Great qurraa like Sh. Abdul Baasit, Sh Mustafa Ishmaeel had also charged for their recitation.

2) Taking money for a recitation is permissible.

3) Qurraa take the money to support their own and extended families

4) The economy in Egypt is not forthcoming in providing appropriate revenue for professions.

The response for these stupidities follows hereunder.

THE COMMENTS OF RASULULLAH

(Sallallahu alayhi wasallam)

About these scoundrel mercenary qaaris who trot the globe selling their qiraat for miserable monetary gains, Rasulullah (Sallallahu alayhi wasallam) said:

1) “Most of the munaafiqeen of my Ummah are its qaaris.”

2) “Seek the protection of Allah from Jubbul Huzun (The Pit of Grief).” The Sahaabah asked: “O Rasulullah! What is Jubbul Huzun?” Rasulullah (Sallallahu alayhi wasallam) said:

“It is a Valley in Jahannam. Daily Jahannam itself seeks Allah’s protection (from the intense heat of this Pit) 400 times.”

The Sahaabah asked: “Who will enter it?” Rasulullah (Sallallahu alayhi wasallam) said: “The qaaris who flaunt their deeds. Verily, the most detestable qaaris by Allah are those who visit the umaraa (the rulers and the wealthy).”
3) “Recite the Qur’aan. Do not eat with it.”

That is: Do not make the recital of the Qur’aan a source of livelihood.

These three Ahaadith describe the status of these miserable qaaris who have made the Qiraat of Qur’aan a commodity for earning haraam money. Allah Ta’ala revealed the Qur’aan Majeed for the hidaayat of mankind, not for manipulating and mutilating it for the sake of miserable, haraam remuneration in the manner perpetrated by these touring qaaris. They extort haraam money, and their hosts are complicit in this despicable robbery and looting in which the Qur’aan Majeed is used as the device for the acquisition of the haraam boodle.

There is Ijma’ (Consensus) of all the Fuqaha of all Math-habs on the prohibition of charging money for Qiraat. Paying a qaari for tilaawat of the Qur’aan (qiraat-selling) should not be confused with paying an Ustaadh for teaching the Qur’aan. Whilst even the latter is per se haraam, dire need (Dhuroorat) constrained the Muta-akh-khir Fuqaha to issue the Fatwa of permissibility. This was to safeguard the Deen. Therefore, if today an Ustaadh is self-sufficient, having an independent source of income, then it will not be permissible for him to accept a wage for teaching the Qur’aan or teaching Fiqh or Hadith or any branch of Deeni Ilm. He has to revert to the original law of the Shariah.

These qaaris are utterly shameless in their haraam trading of the Qur’aan Majeed. When Rasulullah (Sallallahu alayhi wasallam), himself had described them as ‘munaafiqeen’, then what else other than such flagrant mutilation of the Qur’aan Majeed can be expected from these scoundrels who fail to understand the Fire they are ingesting into their obese bellies.

It is extremely insulting to intelligence to even respond to the stupid arguments of the moron qaari who attempts, albeit stupidly and abortively, to vindicate the despicable shaitaani trade of these miserable qaaris. Nevertheless, since the public (awaamun naas) is generally plagued by the disease of moronity, and the ignorant ones are quickly misled and deceived by even ludicrous stupidities, we feel constrained to respond.

The first stupidity

The moron says: Great qurraa like Sh. Abdul Baasit, Sh Mustafa Ishmaeel had also charged for their recitation.

Response

In which field of life were these qaaris ‘great’? Shaitaan is also ‘great’ in his sphere of life. The qaaris who were ‘great’ in the estimate of the moron held no pedestal in the firmament of Ilm and Taqwa. They were not authorities of the Shariah. They were globe trotters pursuing the boodle in the same way as the qaaris of today. All of them are equal in trading the Qur’aan Majeed for a miserable price.

These supposedly ‘great’ qaaris and today’s moron qaaris are all signs of Qiyaamah. Among the Signs of Qiyaamah according to the Hadith is that scholars for dollars will pursue the dunya and the dollars with the a’maal (acts of ibaadat) of the Aakhirah. A’maal, the objective of which is Allah’s Pleasure and reward in the Aakhirah will be practised for despicable nafsaani and worldly / monetary gains. These qaaris are a manifestation of this Sign of Qiyaamah.

Tilaawat of the Qur’aan is an amal for gaining success in the Aakhirah and for Allah’s Pleasure, but these miserable specimens of humanity are trampling recklessly on the Qur’aan Majeed for the sake of the haraam boodle.

By what stretch of brains and Shar’i logic can the haraam misdeeds of Abdul Baasit, etc. be presented in justification of the haraam misdeeds of their moron minions of today? The misdeeds of Abdul Baasit, etc. cannot abrogate the Shariah. Indeed this moron has sunk to the lowest dregs of jahaalat by citing the misdeeds of former qaaris as ‘daleel’ for the vile misdeeds of today’s moron qaaris.

The second stupidity

The fellow avers: Taking money for a recitation is permissible.
Response

This is a silly averment. It is not a daleel. He has not presented any Shar’i daleel to justify taking money for tilaawat of the Qur’aan Majeed.
The third stupidity

The deviate says: Qurraa take the money to support their own and extended families.
Response

No one is allowed by the Shariah to pursue haraam avenues for the acquisition of the Rizq which Allah Ta’ala has ordained for him. What type of stupidity is this? Stupidity too has divisions and sub-divisions. The silliness of the moron justifier of trading tilaawat of the Qur’aan appears to be in the worst class of stupidity. All people have families and extended families to feed. But this never justifies acquisition of Rizq in haraam ways.

These fellows should cut grass, and do other work even of a menial kind to earn instead of bartering away their Aakhirah thereby making themselves candidates for Jubbul Huzn (The Pit of Grief) in Jahannam. Never was the Qur’aan revealed to be a source of livelihood or to earn so much boodle to enable the qaaris to live in mansions like moron kings.
For the edification of the chap with deficient Imaan, it will be salubrious for him to be informed that Rizq has been pre-ordained by Allah Ta’ala. Nothing will increase or decrease the fixed amount of Rizq. However, there are two ways of acquiring one’s pre-ordained Rizq – a halaal way and a haraam way. Whichever route is adopted, the pre-ordained Rizq will be acquired. But each method of acquisition comes with its consequences.

It is totally unexpected of men of learning – of molvis, sheikhs and qaaris – to adopt a haraam way for acquiring their pre-ordained Rizq. Then they further aggravate their villainous sin manifold by their satanic justification of the haraam in which they indulge. One major sin is selling qiraat, and the other major sin is the kufr of justification with copro-arguments.
The fourth stupidity

Making a mockery of his brains, the moron says: The economy in Egypt is not forthcoming in providing appropriate revenue for professions.
Response

If the ‘economy in Egypt’ is unable to provide sufficient boodle for a life of waste and luxury such as the indulgences of these millionaire qaaris who grovel in the boodle and in obesity, it is not a daleel for halaalizing the haraam act of charging money for tilaawat of the Qur’aan Majeed. It is clear that shaitaan has urinated into the brains of this chap, hence he presents ludicrous and laughable stupidities as daleel to justify the haraam misdeeds of the mercenary qaaris.

Poor economy of any country does not justify haraam. Theft, robbery, fraud and selling the Qiraat for a miserable price never become halaal if sufficient funds for squandering and luxury are not available. Even for alleviating poverty and for assisting extended families, haraam may not be halaalized. Consuming a little pork to save one’s life in dire straits of starvation when halaal food is not available is a concession. But for the despicable objectives of these munaafiq qaaris, not an iota of haraam can be rendered halaal.

Not even a semblance of a sustainable daleel has been proferred to justify the major haraam act of selling Qiraat. The basis utilized for halaalizing the evil of selling tilaawat may also be used to pay someone to perform Salaat on a stage. Like Salaat, Tilaawat too is pure Ibaadat which is not a sale commodity.

It is haraam to contribute to these qiraat programmes. It is also not permissible to participate in any way.

14 Rabiuth Thaani 1441 – 11 December 2019

Earning through playing football, cricket, rugby, tennis and other sports

Q: I would like to know whether money earned through playing football, cricket, rugby, tennis and other sports will be halaal or haraam?
A: Before addressing the issue in question, it is important for us to discuss a few preliminary aspects in order for the issue to be understood in the correct perspective.

Man’s sole purpose and object for being sent to this world is to worship Allah Ta’ala and live his life in total conformity with the mubaarak teachings of Rasulullah (sallallahu alaihi wasallam). However, while remaining in this worldly abode, man is bound by worldly conditions and circumstances. He is in need of food and drink for his physical existence just as he is dependent on earthly resources (e.g. clothing, shelter etc.) for his physical continuity. Hence, Allah Ta’ala allowed him to earn a halaal livelihood and to indulge in worldly activities, in the view that this will serve as a means of assisting him to fulfil the ultimate purpose of his creation i.e. the obedience of Allah Ta’ala.

When man has been given permission from the side of Shari’ah to earn a livelihood, it is necessary that in the course of earning a livelihood, he should not disobey Allah Ta’ala. Hence, the permission for earning a livelihood is subject to certain conditions being met:

1. The means of earning a livelihood must be permissible in Shari’ah. If one engages in a haraam employment in order to earn a living, it will be ruled as impermissible. For example, if one accepts employment in a bottle store to sell wine, it will be impermissible. Thus, adopting such a means of livelihood will not be permissible.

2. If the means of livelihood that one adopts is of a permissible nature in Shari’ah, however it is accompanied with certain impermissible factors, then involving oneself in such a means of livelihood will be impermissible. An example of this is selling grape juice to a person regarding whom it is known that he will use it to manufacture wine. Though the selling of grape juice is permissible, since it is now accompanied with the factor of manufacturing wine, earning an income through this means will be impermissible.

3. If the means of livelihood that one engages in is permissible, however it becomes the cause for preventing one from the obedience of Allah Ta’ala, then involving oneself in such a means of livelihood will be impermissible. For example, one takes employment in a certain company, but the company does not allow one to go to the musjid to perform Jumu’ah Salaah. Since this employment is becoming the means of preventing one from one’s Deeni obligations, it will be impermissible for one to take employment in such a company.

In order to ascertain whether earning one’s livelihood through playing for a national or international sports team is recognized in the sight of Shari’ah, we will have to closely examine the issue to see whether it conforms to the conditions mentioned above. Below are a few important points which will prove that this type of occupation is impermissible in Shari’ah on account of the fact that all the above-mentioned conditions are not met:

1. The contract being an impermissible contract

The contract of playing for a team is an impermissible contract according to Shari’ah. In order for any employment to be permissible in Shari’ah, it is a precondition that the employment be recognized by Shari’ah i.e. it will have to enter within the ambit of an Islamic contract and fulfil its conditions. An Islamic contract is that contract wherein one is employed to carry out a halaal service, the benefit of which will be obtained by the employer e.g. a person hires the services of a grass cutter to mow his lawn. In this case, there is a halaal service rendered by the grass cutter which makes him eligible for a remuneration. Hence, upon completing the task assigned to him, he will be deserving of his wages.

On the contrary, the Fuqahaa have explained that if a person keeps an animal on display and charges people a fee for viewing it, then this is an invalid remuneration since no halaal service is being obtained by the one paying the fee.

After viewing the issue of a professional sportsman in the light of the above-mentioned principle, one will understand that this type of contract and employment is impermissible and invalid in Shari’ah.

In the case where the team owner or manager ‘buys off’ the player (for a certain period of time) and thereafter pays him monthly for training and playing for different matches, then this type of contract is impermissible since the monthly salary which the player receives is not in lieu of any Shar’ee recognised service that he is providing to the team owner.

The benefit of the player’s training is confined to his own body and there is no physical benefit or valid Shar’ee recognised service that is being obtained by the team owner in lieu of the wage he is giving the player. Merely training and kicking the ball in a match is not viewed in Shari’ah as a valid service rendered to the team owner. Hence, we understand that this contract is an invalid and impermissible contract in Shari’ah and the wealth received through it is also impermissible.

2. The dressing being un-Islamic

In certain sports (e.g. rugby, soccer and swimming etc.), one is required to wear clothing that exposes part of the satar. In doing so, one will be sinful on account of him exposing his satar before men and women. At times, one is required to wear clothing sponsored by haraam companies e.g. SAB (South African Breweries) upon which they will have their logo e.g. Castle Lager. The player wearing such attire will be supporting the haraam practices of the kuffaar and promoting their products. Even if he does not wear the logo, the fact that he is part of the team or playing in a series sponsored by the kuffaar sponsors, he will be promoting their brand. Hence, the Hadith of Rasulullah (sallallahu alaihi wasallam) prohibiting one from emulating the kuffaar and their ways is clear in this regard:

عن ابن عمر قال قال رسول الله صلى الله عليه وسلم من تشبه بقوم فهو منهم. (سنن أبي داود رقم 4033)

“The one who imitates a people will be counted among them (in the sight of Allah Ta’ala).”

3. The ambiance and environment being un-Islamic

At the time of the match, one will find that there is a host of haraam activities taking place at the sports field. Music is played and the intermingling of sexes takes place. People openly consume alcohol and are dressed in an immodest and shameless manner. Zina (fornication and adultery) takes place in that environment and gambling is the highlight of such matches. One possessing a little Imaan will understand that the ambiance of such a place is certainly not in keeping with Deeni ethos and the principles of Islam.

4. The match being televised

Among the many sinful activities associated with these types of sport is that it is televised, thus making it possible for people around the globe to view it. Nabi (sallallahu alaihi wasallam) has said:

عن عبد الله قال سمعت النبي صلى الله عليه وسلم يقول إن أشد الناس عذابا عند الله يوم القيامة المصورون (بخاري 2/880)

“Those involved in picture-making will be subjected to the worst forms of punishment on the Day of Qiyaamah.”

5. Foregoing salaah at the time of the match and missing fasts during the month of Ramadhaan

During the match, many salaah become qadhaa, or if they are performed, then they are not performed with jamaat in the musjid. Hence, this type of activity causes one to become sinful by neglecting the primary obligations which he owes towards Allah Ta’ala. If a match is scheduled during the month of Ramadhaan, then generally, many players forego the fasts of Ramadhaan on account of the match. In the Mubaarak Ahaadith, Nabi (sallallahu alaihi wasallam) had cursed the person who does not honour the month of Ramadhaan and fulfil its rights.

On account of the abundant wrongs that are associated with this form of livelihood, one will clearly understand that it is impermissible in Shari’ah for one to adopt such a means to earn one’s livelihood.

And Allah Ta’ala knows best.

وَ تَعَاوَنُوْا عَلَی الْبِرِّ وَ التَّقْوٰی وَلَا تَعَاوَنُوْا عَلَی الْاِثْمِ وَ الْعُدْوَانِ (المائدة: ٢)

عن عبد الرحمن بن أبي سعيد الخدري رضي الله عنه عن أبيه أن رسول الله صلى الله عليه وسلم قال لا ينظر الرجل إلى عورة الرجل ولا المرأة إلى عورة المرأة ولا يفضي الرجل إلى الرجل في ثوب واحد ولا تفضي المرأة إلى المرأة في الثوب الواحد (صحيح مسلم، الرقم: 338)

عن علي رضي الله عنه أن النبي صلى الله عليه وسلم قال لا تبرز فخذك ولا تنظرن إلى فخذ حي ولا ميت (سنن أبي داود، الرقم: 3140)

حدثني أبو سعيد قال سمعت رسول الله صلى الله عليه وسلم يقول لا يخرج الرجلان يضربان الغائط كاشفين عن عورتهما يتحدثان فإن الله عز وجل يمقت على ذلك (سنن أبي داود، الرقم: 15)

عن عبد الرحمن بن غنم الأشعري قال حدثني أبو عامر أو أبو مالك الأشعري والله ما كذبني سمع النبي صلى الله عليه وسلم يقول ليكونن من أمتي أقوام يستحلون الحر والحرير والخمر والمعازف ولينزلن أقوام إلى جنب علم يروح عليهم بسارحة لهم يأتيهم يعني الفقير لحاجة فيقولون ارجع إلينا غدا فيبيتهم الله ويضع العلم ويمسخ آخرين قردة وخنازير إلى يوم القيامة (صحيح البخاري، الرقم: 5590)

حدثنا مالك بن الحسن بن مالك بن الحويرث عن أبيه عن جده قال صعد رسول الله صلى الله عليه وسلم المنبر فلما رقي عتبة قال آمين ثم رقي عتبة أخرى فقال آمين ثم رقي عتبة ثالثة فقال آمين ثم قال أتاني جبريل فقال يا محمد من أدرك رمضان فلم يغفر له فأبعده الله قلت آمين قال ومن أدرك والديه أو أحدهما فدخل النار فأبعده الله قلت آمين فقال ومن ذكرت عنده فلم يصل عليك فأبعده الله قل آمين فقلت آمين (صحيح ابن حبان، الرقم: 409)

عن عبد الله بن بريدة عن أبيه قال قال رسول الله صلى الله عليه وسلم العهد الذي بيننا وبينهم الصلاة فمن تركها فقد كفر وفي الباب عن أنس وابن عباس هذا حديث حسن صحيح غريب (سنن الترمذي، الرقم: 2621)

(و) جاز (بيع عصير) عنب (ممن) يعلم أنه (يتخذه خمرا) لأن المعصية لا تقوم بعينه بل بعد تغيره وقيل يكره لإعانته على المعصية ونقل المصنف عن السراج والمشكلات أن قوله ممن أي من كافر أما بيعه من المسلم فيكره ومثله في الجوهرة والباقاني وغيرهما زاد القهستاني معزيا للخانية أنه يكره بالاتفاق (بخلاف بيع أمرد ممن يلوط به وبيع سلاح من أهل الفتنة) لأن المعصية تقوم بعينه ثم الكراهة في مسألة الأمرد مصرح بها في بيوع الخانية وغيرها واعتمده المصنف على خلاف ما في الزيلعي والعيني وإن أقره المصنف في باب البغاة قلت وقدمنا ثمة معزيا للنهر أن ما قامت المعصية بعينه يكره بيعه تحريما وإلا فتنزيها فليحفظ توفيقا (الدر المختار 6/391)

قال العلامة ابن عابدين رحمه الله (قوله وجاز) أي عنده لا عندهما بيع عصير عنب أي معصوره المستخرج منه فلا يكره بيع العنب والكرم منه بلا خلاف كما في المحيط لكن في بيع الخزانة أن بيع العنب على الخلاف قهستاني (قوله ممن يعلم) فيه إشارة إلى أنه لو لم يعلم لم يكره بلا خلاف قهستاني (قوله لا تقوم بعينه إلخ) يؤخذ منه أن المراد بما لا تقوم المعصية بعينه ما يحدث له بعد البيع وصف آخر يكون فيه قيام المعصية وأن ما تقوم المعصية بعينه ما توجد فيه على وصفه الموجود حالة البيع كالأمرد والسلاح ويأتي تمام الكلام عليه (قوله أما بيعه من المسلم فيكره) لأنه إعانة على المعصية قهستاني عن الجواهر أقول وهو خلاف إطلاق المتون وتعليل الشروح بما مر وقال ط وفيه أنه لا يظهر إلا على قول من قال إن الكفار غير مخاطبين بفروع الشريعة والأصح خطابهم وعليه فيكون إعانة على المعصية فلا فرق بين المسلم والكافر في بيع العصير منهما فتدبر اهـ ولا يرد هذا على الإطلاق والتعليل المار (قوله على خلاف ما في الزيلعي والعيني) ومثله في النهاية والكفاية عن إجارات الإمام السرخسي (قوله معزيا للنهر) قال فيه من باب البغاة وعلم من هذا أنه لا يكره بيع ما لم تقم المعصية به كبيع الجارية المغنية والكبش النطوح والحمامة الطيارة والعصير والخشب ممن يتخذ منه المعازف وأما في بيوع الخانية من أنه يكره بيع الأمرد من فاسق يعلم أنه يعصي به مشكل والذي جزم به الزيلعي في الحظر والإباحة أنه لا يكره بيع جارية ممن يأتيها في دبرها أو بيع غلام من لوطي وهو الموافق لما مر وعندي أن ما في الخانية محمول على كراهة التنزيه وهو الذي تطمئن إليه النفوس إذ لا يشكل أنه وإن لم يكن معينا أنه متسبب في الإعانة ولم أر من تعرض لهذا اهـ وفي حاشية الشلبي على المحيط اشترى المسلم الفاسق عبدا أمرد وكان ممن يعتاد إتيان الأمرد يجبر على بيعه (قوله فليحفظ توفيقا) بأن يحمل ما في الخانية من إثبات الكراهة على التنزيه وما في الزيلعي وغيره من نفيها على التحريم فلا مخالفة وأقول هذا التوفيق غير ظاهر لأنه قدم أن الأمرد مما تقوم المعصية بعينه وعلى مقتضى ما ذكره هنا يتعين أن تكون الكراهة فيه للتحريم فلا يصح حمل كلام الزيلعي وغيره على التنزيه وإنما مبنى كلام الزيلعي وغيره على أن الأمرد ليس مما تقوم المعصية بعينه كما يظهر من عبارته قريبا عند قوله وجاز إجارة بيت (رد المحتار 6/391)

يجوز بيع العصير ممن يعلم أنه يتخذه خمرا مع الكراهة (النهر الفائق 3/429)

(ووجب سعي إليها وترك البيع) ولو مع السعي وفي المسجد أعظم وزرا (بالأذان الأول) في الأصح (الدر المختار 2/161)

قال العلامة ابن عابدين رحمه الله (قوله وترك البيع) أراد به كل عمل ينافي السعي وخصه اتباعا للآية نهر (رد المحتار 2/ 161)

والاستئجار على المعاصي باطل فإن بعقد الإجارة يستحق تسليم المعقود عليه شرعا ولا يجوز أن يستحق على المرء فعل به يكون عاصيا شرعا (المبسوط للسرخسي 16/38)

ويمنعها من زيارة الأجانب وعيادتهم والوليمة وإن أذن كانا عاصيين كما مر في باب المهر (الدر المختار 3/603)

قال العلامة ابن عابدين رحمه الله (قوله والوليمة) ظاهره ولو كانت عند المحارم لأنها تشتمل على جمع فلا تخلو من الفساد عادة رحمتي (رد المحتار 3/603)

لأن أداء الصلاة بالجماعة سنة مؤكدة أو في معنى الواجب (تحفة الفقهاء 1/198)

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

PATHOLOGY AND HUMAN TISSUE

Q. Is it permissible to work as a surgical pathologist? Surgical pathology is the study of tissues removed from living patients during surgery to help diag-nose a disease and de-termine a treatment plan. Is the income ha-laal?
A. Islam prohibits de-riving any use from human organs, human parts or tissue in the same way as it prohib-its use from any pig parts regardless of the benefits.
The benefits are not denied. In fact, along with confirming the benefits of liquor and gambling, the Qur‟aan Majeed prohibits the-se evils. So while pa-thology has many ben-efits, the use of human organs/tissue is not permissible. The Sha-riah prescribes burial for any human part even nails and hair.
It is not permissible to indulge in the study involving human or-gans/tissue. The in-come will not be per-missible. We have been sent into this dunya by Allah Ta‟ala for a very brief sojourn to pre-pare ourselves for His Meeting and for our everlasting stay in Jannat. In this world there will always be conflicts between the demands of Allah‟s Shariah and the de-sires of the nafs. This world is the arena for this tussle. Imaan is tested, developed or ruined here in this transitory worldly abode.
The Mu‟min believes that his Rizq is prede-termined, and it will reach him regardless of what he does or does not. In a conflict the devil is always pre-sent. He scares us with poverty if we adhere to the Shariah by abandoning haraam. This is the test for our Imaan.

DOES MARRIAGE INCREASE ONE’S RIZQ (SUSTENANCE)?

Question

A person complained to Rasulullah (sallallahu ‘alayhi wa sallam) that he is suffering from poverty. Nabi (sallallahu ‘alayhi wa sallam) advised him to get married.

Is this authentic?
Answer

Hafiz Khatib Al Baghdadi (rahimahullah) has recorded this incident in his Tarikh with a very weak chain.

(Tarikh Baghdad, vol. 2 pg. 233/234. Mizanul I’tidal, vol. 2 pg. 148 – 3116-)

However, there are numerous verses of The Holy Quran and Hadiths which prove that nikah does increase sustenance, among them are the following:

1) Allah Ta’ala Mentions:

“Get the unmarried ones among you married, as well as the righteous slave men and slave women. If they are poor, Allah will make them independent by his grace”

(Surah Nur, verse: 32)

Sayyiduna ‘Abdullah ibn ‘Abbas (radiyallahu ‘anhuma) under the commentary of this verse would say:

“Allah Ta’ala commanded and encouraged them to get married, and he promised them wealth”

Similar statements have also been reported from Sayyiduna Abu Bakr As Siddiq and Sayyiduna ‘Abdullah ibn Mas’ud (radiyallahu ‘anhuma)

(Refer: Tafsir Ibn Abi Hatim, Tafsir Ibn Kathir and Ad Durrul Manthur, Surah Nur, verse 32)

2) Sayyiduna Abu Hurayrah (radiyallahu ‘anhu) reports that Nabi (sallallahu ‘alayhi wa sallam) said:

“There are three types of people whom it is a right upon Allah to help and assist, The Mujahid in the path of Allah, The Mukatab [a slave paying for his freedom] who intends to pay and the one who makes nikah intending chastity”

(Sunan Tirmidhi, Hadith: 1655, Sunan Ibn Majah, Hadith: 2518 – Declared sound (hasan) by Imam Tirmidhi and authentic (sahih) by Imam Ibn Hibban; Al Ihsan, Hadith: 4030)

3) Sayyiduna ‘Abdullah Ibn ‘Abbas (radiyallahu ‘anhuma) reports that (Nabi (sallallahu ‘alayhi wa sallam) said:

“Seek for sustenance in nikah”

(Daylami with a weak chain. Refer: Al Maqasidul Hasanah, pg. 82, Hadith: 162)

4) Sayyiduna ‘Umar Ibn Al Khattab (radiyallahu ‘anhu) would say:

“I am surprised at the person who does not search for wealth by means of marriage, whereas Allah Ta’ala has stated “If they are poor, Allah will make them independent by his grace”

(‘Abdur Razzaq, Refer: Al Maqasidul Hasanah, pg. 83, Hadith: 162)

5) Nabi (sallallahu ‘alayhi wa sallam) said:

“Marry women, for verily they will bring wealth” [through the blessing of nikah]

(Musannaf Ibn Abi Shaybah, Hadith: 16161, mursalan- مرسلا- , with a reliable chain)

And Allah Ta’ala Knows best.

Answered by: Moulana Suhail Motala

Approved by: Moulana Muhammad Abasoomar

Checked by: Moulana Haroon Abasoomar

TOURISM AND ISLAM

Tourism and Islam

INTRODUCTION
THE UMRAH TRIP
The Ramadan eve annual Umrah trip is the latest fad to catch the eyes of the Muslim elites. Thanks to the advancement of modern travel and easy availability of foreign exchange, the traffic to the Holy Land has increased manifold since the dawn of the 90’s. Notwithstanding the steep increase in airfares and hotel accommodation, some people have made such trips an annual ritual. The elite suburbs are agog with talk of who made how many umrahs.

Undoubtedly, visiting the house of Allah and performing the minor haj are excellent acts of virtue. No sane person can deny their virtues. But after performing these acts of worship once, if there are other more urgent requirements in the Muslim community, they should enjoy priority. One can soothe one’s conscience by saying how much of reward one is achieving by performing Umrah after Umrah, but if sincerity is absent, our acts of worship will be bereft of all reward. We must not shirk from drawing attention towards false notions of religiosity that inspire some Muslims to perform pilgrimages time and again.

Repentance and seeking forgiveness are indeed the hallmark of a concerned Muslim. If genuinely sought, Allah’s blessings are not denied even to the worst sinner. Sultan Salahuddin, Allamah Iqbal, Tippu Sultan, Aurangzeb and several other luminaries of Islamic history did not perform even the obligatory haj despite a burning desire for it. Their pre-occupations with administration, expansion or the conquest of Baitul Maqdis in the case of Salahuddin did not permit them to carry out the Fardh act, let alone making it a ritual.

Rasulullah (sallallahu alayhi wasallam) is reported to have warned his companions of a time in future when the Muslim elite would come to the Holy Places as part of a pastime, people of average means would visit for the purpose of trade, while the poor would utilize the opportunity for begging. The statement carries tacit discouragement for turning visits to holy places into a periodic ritual. If indeed this is the case, all of us must express concern at the fulfilment of this prophecy. Let not our instincts of deriving pleasure be camouflaged by such religious zeal that is without sanction from Islam. Having concern for our Muslim brothers and sisters in all parts of the world in the form of financial assistance and da’wah to revive the flagging Iman will carry infinitely superior rewards and are exceptionally greater priorities.

Published by:
Madrasah Arabia Islamic – Azaadville – South Africa
E Mail: darululum@webmail.co.za

COMMENT
While in general we are in agreement with the view expressed by Madrasah Arabia Islamia of Azaadville, and which view we shall, Insha-Allah, be emphasizing in the ensuing pages, there is a need to comment on their statement:

“Sultan Salahuddin, Allamah Iqbal, Tippu Sultan, Aurangzeb and several other luminaries of Islamic history did not perform even the obligatory haj despite a burning desire for it. Their pre-occupations with administration, expansion or the conquest of Baitul Maqdis in the case of Salahuddin did not permit them to carry out the Fardh act, let alone making it a ritual.”
The subject under discussion is Tourism and Islam. Its permissibility or impermissibility is governed by Shar’i dalaa-il, not by the actions of luminaries whose deeds do not constitute such dalaa-il. The luminaries listed above, with the exclusion of Iqbal, were undoubtedly noble Islamic personalities. But their actions do not constitute daleel in the Shariah. In their opinion, due to their commitments, etc., Hajj was not Fardh on them, hence they did not undertake the sacred journey to Makkah Mukarramah.

TOURISM AND ISLAM_booklet

MUSLIM WORKING FOR KUFFAAR

Q. A non-Muslim company deals considerably in riba and other haraam dealings. Is it permissible for a Muslim to work in such a company if he will not be participating in any of the haraam activities of the company?
A. Working for the kuffaar in even a halaal capacity is Makrooh and not permissible.
This is the Fatwa of the Fuqaha of the Salafus Saaliheen who were the authorities of the Shariah. However, to-day millions of Muslims have humiliated themselves by working under kuffaar. As far as possible, a Muslim should not work for a non-Muslim even if everything in the business is of a permissible kind. But, the reality is that it is not possible for a non-Muslim business to be free of haraam transactions.

RIZQ OF THE ULAMA

My father [Maulana Yahya Kandhalvi Rahimullah] said: “May Allah bless our mother Hadhrat Aisha (Radhiallahu Anha). She punished our Ulama but did the Ummat a great favor, when she made this dua: “O Allah, make the rizq (sustenance) of the Ulama to be earned in a distressed and wretched state.”

If we Molvis had all been in a good financial positions, we would not have talked to anyone without pride and arrogance. It is because of the collections of the Madressas where there is a need to practically beg of all and sundry, even evil-doers, immoral ones and clean-shaven ones, that we retain our humility.

[Maulana Zakariya Kandhalvi Rahmatullah alaihy in Aap Beti Part V, p. 547]