Islamic rulings on trade

Precautions to be taken when renting a car

Question 1: What do respected Islamic scholars say about the following issue? We rent cars out to people for an hour or a day. Is it right to do so?

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ  ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

Answer: According to Shari’ah, there is no harm in renting a car out to someone or in renting it from anyone. This is something right itself. However, relevant Shar’i requirements must be fulfilled. For example, rent money, period of time the car is being rented for and the place where the car will be taken to (inside or outside the city), must all be determined in advance. Similarly, all those things that could result in quarrels must also be decided beforehand. For instance, who will bear the expenses of filling petrol and providing the driver with food, etc.? These things must already be decided.

وَاللہُ اَعْلَمُ   عَزَّوَجَلَّ   وَ رَسُوْلُہٗ اَعْلَم   صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ واٰلِہٖ وَسَلَّم

Is it allowed to buy prize-bonds with leftover donation money?

Question 2: Sometimes, donation is collected for a particular purpose and some donation remains unspent. Are we allowed to buy prize-bonds for this leftover money?

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ  ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

Answer: If the donation has been received for a certain purpose which has now been fulfilled and some of the donation is still leftover or the purpose has been left unfulfilled, leaving all the donation unspent, then donors must be contacted in this case. The donation money will be returned to them because the donation remains under the ownership of donors. However, at the time of receiving the donation, if it has been made clear that the leftover donation will be spent on a similar purpose the next time, then it will be right to spend it on a similar purpose. Therefore, the leftover donation must be spent on a similar purpose if a clarification has already been made.

Remember! Donation money is held in trust and is allowed to be spent in conformity with norms. Prize bonds cannot be bought for it as it is contrary to norms. In Fatawa Razawiyyah, A’la Hadrat Maulana Shah Imam Ahmad Raza Khan رَحْمَةُ اللّٰەِ تَعَالٰی عَلَيْه stated: If there is leftover donation after the fulfilment of the purpose it was collected for, then donors are its owners; ‘کما حققناہ فی فتاوٰنا’ (i.e. I have researched into it and proved it in my Fatawa). The exact remaining share of each donor must be returned to him or be spent on what they allow. (Fatawa Razawiyyah, vol. 16, pp. 247)

وَاللہُ اَعْلَمُ   عَزَّوَجَلَّ   وَ رَسُوْلُہٗ اَعْلَم   صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ واٰلِہٖ وَسَلَّم

Is it allowed to sell betel and cigarette?

Question 3: What do respected Islamic scholars say about the following issue? Some people sell betel[1] , cigarettes, etc. Are they allowed to pay the expenses of Hajj through the money earned from selling these things?

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ  ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

Answer: Chewing betel is permissible and so is also the ruling on smoking cigarettes as well as on tobacco-filled leaves called “Beeri” in the Urdu language. These are not sins[2]. There is no harm in selling them and the profit earned from them is Halaal as well. Therefore, one can spend this money on Hajj-expenses.

It is stated in Fatawa Razawiyyah: Chewing betel is permissible. Likewise, eating lime in such a quantity that it does not cause any harm as well as smoking tobacco in such a quantity that it does not affect one’s senses are also permissible. (Fatawa Razawiyyah, vol. 24, pp. 558)

وَاللہُ اَعْلَمُ   عَزَّوَجَلَّ   وَ رَسُوْلُہٗ اَعْلَم   صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ واٰلِہٖ وَسَلَّم

Amount of committee[3]?

Question 4: What do respected Islamic scholars say about the following issue? A “committee” is set up in our market and the amount given by each member is usually deposited with the “committee organizer”. The question is, can the “committee organizer” spend the amount?

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ  ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

Answer: According to the norms established in most areas, “committee organizer” spends the collected amount up until the predetermined time of payment and members do not object to it either. In fact, This is borrowed money and the ruling on borrowed money is that the borrower may spend it. Therefore, in the above case, the money may be spent but remember that it must be paid to the rightful member by the pre-set time. If timely payment is not made, then this is not allowed. However, if the “committee organizer” is not allowed by the norms established in some area, then the collected amount will be called entrusted money which is not allowed to be spent.

وَاللہُ اَعْلَمُ   عَزَّوَجَلَّ   وَ رَسُوْلُہٗ اَعْلَم   صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ واٰلِہٖ وَسَلَّم

Sale and purchase without becoming owner

Question 5: What do respected Islamic scholars say about the following issue? A customer wants to buy a bird but the shopkeeper does not have the bird. The shopkeeper says to the customer, “I will bring it and sell it to you for fifty thousand rupees”. Is it allowed to buy something in this way?

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ  ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

Answer: It is not allowed to sell anything without becoming its owner. Therefore, in the situation mentioned above, the shopkeeper is not allowed to make a deal of selling the bird unless he has purchased it. However, if he only makes a promise of bringing and selling it without making a deal, this is permissible. It must also remain clear to both of them that only a promise has been made, not a deal. Both must also know the meaning of the promise in this regard, i.e. the fulfilment of the promise in this case is not as obligatory as a deal. Otherwise, there would remain no difference between a promise and a deal. A promise here means that the customer has the right not to buy the bird if his intention changes for any reason.

Anyway, after the promise has been made, the shopkeeper should buy and bring the bird first and then sell it to the customer. Alternatively, the shopkeeper may also bring the bird on a commission basis. For example, he may make it clear to the customer that he will receive 200 rupees commission no matter whatever the price of the bird is. In this case, it is not also necessary for the shopkeeper to become the owner of the bird. However, it is necessary to tell the customer the correct price at which the shopkeeper has purchased the bird. In fact, in case of receiving the commission, the shopkeeper will buy the bird as a representative of the real buyer. It should also be remembered that the broker and the buyer are not free to fix the amount of commission as they wish. Instead, the amount of commission on such a job will be fixed in accordance with established norms.

وَاللہُ اَعْلَمُ   عَزَّوَجَلَّ   وَ رَسُوْلُہٗ اَعْلَم   صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ واٰلِہٖ وَسَلَّم

 



[1] Betel is called Paan in Urdu

[2] These things are injurious to health. In order to know details, read the booklet “Paan Gutka” written by Ameer-e-Ahl-e-Sunnat.

[3] In the subcontinent, the word ‘committee’ is also used in the sense of an agreement among a fixed number of people, called committee members, who all pay an equal amount of money each month. The total amount deposited by all members is given to only one member each month either by a draw or one by one in a predetermined order. This continues until all members get their full money back.

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