Laws of Trade
Is it Permissible to Buy Goods from a Company that Manufactured them after taking an Interest-Based Loan?
Question: What do religious scholars say regarding buying goods from a company that has manufactured them after taking an interest-based loan?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
The company's act of taking an interest-based loan without a legal necessity is unlawful and strictly forbidden. Likewise, its payment of interest on the loan is also impermissible. The additional amount the company pays as interest is impure and illicit wealth (māl khabīth); in essence, this increase is what constitutes interest. However, the principal amount the company received as a loan was, in itself, lawful and not forbidden. Therefore, the goods purchased and manufactured with that money also remain lawful. Hence, it is permissible to buy goods from such a company that manufactured them with an interest-based loan. Nevertheless, if one knows that the company has taken such a loan, it is better to avoid buying from them.
لعن رسول اللہ صلی اللہ تعالی علیہ وسلم آکل الربا و موکلہ و کاتبہ و شاھدیہ
A Hadith states: "The Messenger of Allāh صَلَّى الـلّٰـهُ عَلَيْهِ وَاٰلِهٖ وَسَلَّم cursed the consumer of interest, its payer, its writer, and its two witnesses."[1]
Imām Aḥmad Razā Khan رَحْمَةُ الـلّٰـهِ عَـلَيْه states: "Giving interest without necessity is forbidden, as we have explained in detail in our fatāwā (religious edicts). However, the wealth earned through trade using the borrowed money is lawful, for the impurity lies in what is given (as interest), not in what is taken (as the principal loan), and this is perfectly clear."[2]
وَاللهُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صَلَّی اللہ عَلَيْهِ وَاٰلِهِ وَسَلَّم
Is it Permissible to Work as a Cleaner in a Non-Muslim’s House?
Question: What do the religious scholars say regarding the following issue: A Muslim woman who works as a cleaner was asked by a Hindu family to work for wages in their house, which involves cleaning their rooms and washrooms. Is it permissible for the Muslim woman to work in the Hindus' home?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
It is not permissible for a Muslim to accept employment from a non-believer if it involves humiliation or disgrace for the Muslim. In the given situation, the task of cleaning washrooms and similar areas entails degradation for the Muslim woman; therefore, it is impermissible for her to perform this work.
It is stated in al-Muḥīṭ al-Burhānī:
لا تجوز إجارة المسلم نفسه من النصراني للخدمة، وفيما سوى الخدمة يجوز والأجير في سعة من ذلك ما لم يكن في ذلك إذلال
"It is not permissible for a Muslim to hire himself to a Christian for personal service. As for employment other than personal service, it is permissible, provided there is no humiliation involved."[3]
Imām Aḥmad Razā Khān رَحْمَةُ الـلّٰـهِ عَـلَيْه states: "Employment under a disbeliever is permissible for a Muslim if it does not involve any humiliation of Islam or the Muslim."[4]
The erudite Hanafi jurist, Muftī Amjad ꜤAlī al-AꜤẓamī رَحْمَةُ الـلّٰـهِ عَـلَيْه states: "It is impermissible for a Muslim to work in personal service under a non-Muslim. Indeed, it is prohibited to contract any employment with a non-Muslim if it entails the humiliation of a Muslim."[5]
وَاللهُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صَلَّی اللہ عَلَيْهِ وَاٰلِهِ وَسَلَّم
Is Re-Gluing a detached Stone in Artificial Jewellery Considered a Defect?
Question: What do the religious scholars say about the following issue: We deal in artificial jewellery and sell various types of pieces. When we receive the stock, it often happens that a small part of the jewellery, such as a stone or a hook, is detached, or sometimes becomes detached while in our possession. We then reattach the stone with glue, restoring it to its original state, and sell it thereafter. My question is: Will selling such items be regarded as selling defective goods, and will the condemnation associated with selling a defective item apply?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
In Islamic legal terminology, a defect is that which, in the view of traders, decreases the value of an item. In the case of artificial jewellery, when a minor component like a stone falls out and is reattached, it generally does not reduce the price of the jewellery, and it is not considered a defect. Therefore, selling such jewellery will not be regarded as selling a defective item, and the condemnation associated with selling defective products will not apply. Rather, selling it is generally permissible.
However, if there is a type of jewellery in which re-fitting the stone causes a defect that reduces its value in the eyes of traders, it is necessary (wājib) to disclose this defect to the buyer. Concealing a defect present in the sold item is strictly forbidden and a major sin.
It is stated in Bahār-e-SharīꜤat:
In Islamic law, a defect that permits the return of the sold item is that which reduces its value in the eyes of traders. If there is a defect in the product, it is necessary for the seller to disclose it; concealing it is forbidden and a major sin.[6]
وَاللهُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صَلَّی اللہ عَلَيْهِ وَاٰلِهِ وَسَلَّم
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