Money Matters
Mufti Abu Muhammad Ali Asghar Attari Madani
Profit on a Loan
Q.1: What do the scholars of Islam and the Muftis of the Shari’ah say regarding the following matter: Zayd has deposited some money into a committee fund, but he will receive his share after a few months. Whereas his friend, Bakr, has already received his share from the fund and has the money in his possession. Zayd asks Bakr to loan him the money from his fund, promising to pay back the loan with an additional 3000 rupees when he receives his share. Please explain the Islamic ruling on this matter.
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
A: In the case mentioned above, for Zayd to borrow the committee fund money from Bakr with the condition that he will pay it back with an additional 3000 rupees profit is impermissible and unlawful (haram), because this entails stipulating a condition of profit upon a loan which falls under usury, and usury is unequivocally unlawful in Islam and leads to Hell. Both Zayd and Bakr must desist from such usury-based dealings.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
Travel agent’s commission for Covid-19 tests
Q.2: What do the scholars of Islam and the Muftis of the Shari’ah say about the following matter: I work as a travel agent, and it is now necessary for those who travel overseas to take the Covid-19 test. Some laboratories have offered to give us a commission if we send travellers to their laboratories for the test. The commission will be fixed, and the laboratory will not take any extra money from the travellers; rather, they will charge them the same as other laboratories. Will it be permissible for us to take this commission?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
A: It will not be permissible to take commission, as per the scenario above, because commission is given for carrying out work, i.e., some work must be performed which is remunerated with a commission. In this case, you will only advise the travellers to go use a certain laboratory for the test; and simply advising someone in this case does not constitute work which is worthy of a remuneration. Hence, it will not be permissible to take a commission.
However, if the laboratory is reliable and either you or your representative takes the customer to the laboratory and exerts some effort, and the commission is also fixed, then you can take a commission for this work. But you will not be entitled to the fixed payment; rather, you will be entitled to the average remuneration (ujrat al-mithl) that is usually given for this type of work. However, if the average remuneration is less than the mutually agreed amount, the agreed amount will be given instead. Imam Ahmad Raza Khan رَحْمَةُ الـلّٰـهِ عَلَيْه states: ‘If a worker exerted his efforts at the behest of his employer and did not make efforts for the seller, even if he did undertake some verbal efforts for him, (for example, he gave his boss advice by saying to him, ‘Such-and-such a thing is good, so you should buy it,’ or ‘There is no harm for you in this, and I will receive such-and-such amount of rupees’) and then the deal is conducted, this individual is not deserving of monetary remuneration from the seller, as remuneration is given for coming, going, and exerting efforts, not for merely saying a few words whilst sitting down, mentioning beneficial things, or giving advice. If he spent his time putting effort in and exerting himself at the behest of the seller, he is only deserving of the average remuneration, i.e., he will not be paid more than the typical payment for such work, regardless of how great a payment the seller has fixed, and if the agreed amount is less than the average remuneration, he will be given the lesser amount, because he himself agreed to forgo the extra amount’, (Fatawa Razawiyyah, vol. 19, p. 453).
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
Leasing premises to a photographer?
Q.3: What do the scholars of Islam and the Muftis of the Shari’ah say regarding the following matter: Can a shop be leased to a photographer for his business activities?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
A: In the aforementioned question, the best thing would be to lease the shop to a person who is involved in a permissible occupation; do not give it to an individual whom you know will use it for photography. However, even if a person did lease the shop to a photographer, it is permissible, because the tenancy of a commercial or residential property is for the purpose of living and working, and the tenant is responsible for any permissible or impermissible work that takes place there.
That being said, the owner of the shop must not lease it while telling the tenant to carry out Islamically unlawful activities in it such as photography, because even if it is digital, it usually takes place without differentiating between men and women, and in wedding functions it is often done without proper veiling. If he prints copies of the images, then printing images of living things is not permissible in any case, and it is neither permissible to carry out a wrong action nor to be pleased with it.
Mufti Amjad Ali A’zami رَحْمَةُ الـلّٰـهِ عَلَيْه was asked about leasing a shop to a photographer, to which he رَحْمَةُ الـلّٰـهِ عَلَيْه replied, ‘The shop can be given to him on rent, however, do not give it to him whilst telling him to take photos in it. Now, it is up to him whether he makes images and becomes worthy of punishment in the Hereafter,’ (Fatawa Amjadiyyah, vol. 3, p. 272).
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
Making and selling image-bearing chairs?
Q.4: What do the scholars of Islam and the Muftis of the Shari’ah say regarding the following matter: Nowadays, there are chairs coming into the market that bear images of humans on the sitting area and the backrest; what is the ruling on making, selling, and using such chairs?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
A: There is no harm in sitting or reclining on chairs which have images of humans on the sitting area and the backrest, because sitting and reclining on them is disrespect of the images, not respect of them, and there is no harm in buying or selling them either. However, making such chairs is impermissible and a sin, for making images of the faces of living things is unrestrictedly haram and a grave sin.
Imam Ahmad Raza Khan رَحْمَةُ الـلّٰـهِ عَلَيْه writes: ‘Making images of living things is totally haram, and the one who deems it to be permissible has lied against the Shari’ah, is misguided, and worthy of chastisement and the punishment of Hell. Keeping images is permissible in three cases:
1. When the face is removed or disfigured;
2. They are so small that if placed on the ground and viewed whilst standing, the body parts would not be seen in detail;
3. They are placed in a place of disgrace and disrespect, like the ground where feet tread.
Otherwise, it is haram to keep them. However, taking and keeping images of non-living things such as trees and buildings is permissible’, (Fatawa Razawiyyah, vol. 24, p. 557).
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
Comments