Ruling on making a bill of lesser amount to save tax money

Ruling on making a bill of lesser amount to save tax money

Question 1: What do the blessed Ulama [Islamic scholars] state regarding the following matter: The buyer sometimes asks us to make the bill of a lesser amount than he has paid to purchase something from us so that he does not need to pay a larger amount of tax. Please tell us the Islamic ruling on making and giving a bill of a lesser amount in this way.

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

The amount of money you write on the bill [in this way] is different from the actual amount; for example, a deal of ten thousand rupees is made but you write five thousand rupees, then you are writing a lie in this case which, without Shar’i permission, is a sinful act. Therefore, permission cannot be given at all for writing a lie and committing an illegal act in this way.

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

Ruling on imposing fine as a condition for a second marriage

Question 2: What do the blessed Ulama state regarding the following matter: What is the Islamic ruling on mentioning this condition on the ‘Nikah form’: If the husband divorces or enters into a second marriage, he will have to pay an amount of two hundred thousand rupees’?

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

This case lies in Ta’zeer-bil-Maal, i.e. [imposing] fine; having it written in this way is not permissible. However, one can have such type of an amount written as a Mahr [dowry]; there is a column for Mahr in the Nikah form. Moreover, in our society, Mahr is written in two ways. First one is the Mahr which should be given immediately and the second one is the Mahr which is not given immediately, instead, it is given if divorce takes place or, it is given from the estate if the husband passes away. In any type of both the cases, one can have this amount written as Mahr; that the husband has fixed such and such an amount of Mahr for his wife. There isn’t any restriction on how huge amount of Mahr is fixed; there is a clear Ayah of the Holy Quran. However, it is not permissible to have it written separately that the husband will have to pay such and such an amount of money more if he divorces.

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

Islamic ruling on exchanging birds unequally

Question 3: What do the blessed Ulama state regarding the following matter: Is it permissible to exchange birds unequally; for example, is it permissible to give more number of pigeons in exchange for a parrot, belonging to a good quality breed of parrots, or not?

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

It is permissible to sell a ‘parrot, belonging to a good quality breed of parrots’ or ‘any other bird’ in exchange for a number of other birds, because birds are purchased and sold according to the quantity in numbers, not by measuring or weighing, and, as birds are ‘عددی' [i.e. of numerical type], one cause of Riba [interest] does not exist. However, if the birds of the same Jinns [i.e. type] are sold or purchased unequally, selling on credit or purchasing likewise is not permitted. Sayyiduna Jabir رَضِىَ اللّٰہُ تَعَالٰی عَـنْهُ has narrated that the Beloved Rasool صَلَّى اللّٰہُ تَعَالٰى عَلَيْهِ وَاٰلِهٖ وَسَلَّم said: ‘الحيوان اثنان بواحد لا يصلح نسيئا، ولا بأس به يدا بيد’. Translation: It is not permissible to sell one animal in exchange for two on credit, and there is no harm in selling [animal] on immediate exchange. (Tirmizi, vol. 3, pp. 19, Hadees 1242)

Shams-ul-Aimmah Sarakhsee رَحْمَةُ اللّٰہِ تَعَالٰی عَلَيْه has stated: ‘فإن الجنس عندنا يحرم النساء بانفراده’. Translation: According to our verdict, [the fact of] ‘Jins [i.e. type] being the same’ alone makes it Haraam [prohibited] to sell or purchase on credit. (Al-Mabsoot lil-Sarakhsee, Juz: 12, vol. 6, pp. 143)

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

What is the Islamic ruling if a commission agent sells something at a higher price?

Question 4: What do the blessed Ulama state regarding the following matter: Can a commission agent sell something at a higher price than the rate fixed by the company and keep the additional amount of money himself?

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

According to the Shar’i laws, broker is a representative, not himself the party; in fact he forms a connection between two parties. If something is sold at a higher price, it is compulsory for him to tell the actual seller the price at which it has been sold and give the total amount to the actual seller. It is Haraam for him to keep [anything] from the actual amount himself and not inform the owners about it. Moreover, this additional amount will not be Halal [lawful] for him. He is deserving of his fix commission only.

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

Ruling on having the rent reduced by giving a large amount of advance

Question 5: What do the blessed Ulama state regarding the following matter: I wish to rent a house whose rent is normally 25,000 rupees and advance is 500,000 rupees but the home owner has given me an option that if I give him an advance of 1,200,000 rupees, he will reduce the rent to 15,000 rupees. Is it permissible to have the rent reduced in this way by giving a larger amount of advance?

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

In this case, money more than the usual amount of advance is taken so that the home owner benefits the tenant in return, and receives lesser amount of rent from him.

The advance received more than the usual amount is also a debt like the usual advance. However, the most dominant aspect in the purposes of the usual advance is to ensure security, whereas the purpose of receiving an additional amount of advance is to provide [benefit in] return, or give money. A person receiving the additional amount of advance charges lesser rent than ‘Urf [usual practice] by giving benefit on loan, or does not charge rent at all. This is a case which involves Riba [interest] as a person is getting benefit from loan. Therefore, this method is impermissible and a sin because of being a Riba-based contract, as the amount of advance is a debt owed by the property owner and the tenant wishes to receive financial benefit from him by lending money which is a Riba-based benefit and hence, not permissible.

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

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Ruling on making a bill of lesser amount to save tax money

Once, on the occasion of Eid, I happened to go to a market with my paternal cousin for buying clothes. At one shop, he liked a ready-made dress that we bought after some bargaining. We liked shopkeeper’s manners, a smile on his face and even his offer of tea. We took a visiting card of his shop thinking that we would also take our other cousins and brothers to that shop as we also had to buy dresses for them.

Anyway we went straight back to our home. After reaching home, we unpacked the shopping stuff immediately. When my cousin wore the new Kurta, he found it a poor-fitting suit. Someone from the family members objected to its colour and someone raised objection to its style. Finally, it was decided that it had to be returned or changed the next day. The next evening, keeping in mind the manners of the shopkeeper, we reached the shop holding the shopping bag of the suit. When we mentioned our purpose, the shopkeeper turned his back on us saying in a strict manner, “We do not take back or change purchased items”, though there was no such notice hanging anywhere in the shop bearing such kind of warning etc., nor was there any such thing mentioned on the visiting card. In short, it was not taken back, however, a heated argument and strict insistence resulted in the change and my cousin had to unwillingly choose a suit in place of it.

Standing outside the shop and looking around here and there, I was trying to find out the location of the shop in order to avoid going to that shop again even by mistake in future. Afterwards, I took my friends and acquaintances to the market many times but did not even look at that shop.

This is one incident that has occurred to me; you may also have experienced such kind of incidents. So, the outcome of it is absolutely clear. On the contrary, if a shopkeeper takes back or changes our products gracefully, we try to go to him again and even suggest our acquaintances to go to that shop.

Matter of concern for traders

You believe that the board set at your shop bearing “Note: Goods once sold cannot be taken back or changed”, is a key to success. In fact, it is not a key to success but a hurdle that prevents many customers from coming to your shop. The board at your shop or the sticker on your products, ‘No refund policy’, does not only make your products unreturnable to you, but also your customers [i.e. they do not come to you again]. Traders know it very well that a customer is an important source of their publicity and fame so when they do not take back or change products for him, will he ever come to them again or will he suggest others to come to their shops? Not at all. On the contrary, such a customer will prevent others saying: “Do not go to such and such a shop or store.” In this way, their shops will get publicity, not in a positive way, but in a negative way. At a global level, look at the successful traders or popular shopping malls or stores where the customers are found standing in lines. One of the keys to their success is ‘to take back or change the purchased items’.

Golden rules of Islam

Islam is a complete code of life. Along with religious matters, Islam also provides a person with the best guidelines in worldly matters. Trade has great significance in Islam. The Beloved Rasool صَلَّى اللّٰهُ تَعَالٰى عَلَيْهِ وَاٰلِهٖ وَسَلَّم himself did trade and the blessed companions رَضِیَ اللّٰهُ تَعَالٰی عَنْهُم of the Beloved Rasool صَلَّى اللّٰهُ تَعَالٰى عَلَيْهِ وَاٰلِهٖ وَسَلَّم were famous and successful traders. Honesty, truthfulness and particularly the strong desire for having well-wishing attitude towards other Muslims were special characteristics of their trade. Willingly taking back the purchased item from the customers and giving their money back to them is called the act of well-wishing and consolation. In blessed Shari’ah, it is called: “Iqalah” “اِقالہ”.

The worldly and Hereafter benefit of it is that the Beloved Rasool صَلَّى اللّٰهُ تَعَالٰى عَلَيْهِ وَاٰلِهٖ وَسَلَّم has stated: ‘He who does the Iqalah with a Muslim, Allah عَزَّوَجَلَّ will forgive his mistakes on the Day of Judgment.’ (Ibn-e-Majah, vol. 3, pp. 36, Hadees 2199)

Sometimes it is necessary to return the products especially when there is no possibility to see it by unpacking it at the time of buying it and one finds a defect in it later or the medicines which a customer purchases from a medical store get surplus than his need; if he wants to return the medicines after showing the receipt, the shopkeeper refuses to take them back. In this way, the poor customer has to suffer a considerable loss. The customer’s fault is only that he has bought medicines from his (shopkeeper’s) store. Now will this customer ever come to this shop or store again? The shopkeepers should think of it for a while keeping himself in customer’s place!

Grow your business in this way

Today we observe that non-Muslims, by following Islamic rules, have strengthened their economy and have occupied the global trade market. Almost all of us are using one product or another, manufactured by them. In trade, industry and handicrafts, the world was dependent on Muslims but today Muslims are dependent on non-Muslims.

The root cause of this downfall is to stop following the golden Islamic principles and create inferior principles and laws using poor intellects. Just look at the “Iqalah”, the golden point of Islamic trade; non-compliance on this one point alone has a huge impact on the business.

Let’s grow and expand our business, remove the notice of “No refund policy” not only from our shops but also from our minds and put up a notice bearing these words: “Products can be returned or changed”. You will see the beneficial outcome of it with your own eyes. However you can mention permissible conditions on your visiting card to stay safe from cheaters such as: ‘The product should be unused’, ‘The product should be brought with the original receipt at the time of changing it, etc.’

اِنْ شَــآءَالـلّٰـه عَزَّوَجَلَّ, When you do trade by following this Islamic method, you will not suffer any loss but rather you will only earn profit. When the number of your customers rises, your sale will also rise. Together with it, make intention to be a well-wisher for Muslims; you will not only get worldly benefits, but اِنْ شَــآءَالـلّٰـه عَزَّوَجَلَّ, due to making Muslims happy, fulfilling their needs and doing good to them, you will also be privileged to attain reward and be blessed with the good news mentioned in a blessed Hadees.

May Allah عَزَّوَجَلَّ bless us with the privilege to understand and act upon it!

اٰمِيۡن بِجَاهِ النَّبِيِّ الۡاَمِيۡن صَلَّى اللّٰهُ تَعَالٰى عَلَيۡهِ وَاٰلِهٖ وَسَلَّم

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