Contemporary Fatawa-700 Q&A

PROSPER IN
BOTH THE WORLDS

Contemporary Fatawa
Contents
Foreword 4
Faith
1 Understanding Islam & its practices 7
2 Embracing Islam 91
Worship
3 Salah 113
4 Zakat 183
5 Fasting (Roza) 253
6 Hajj & Umrah 267
7 Reciting Quran & Zikr (Remembering Allah) 283
8 Death, Burial & Grave 295
9 Wudu (Ablution) 309
10 Qurbani - Sacrifice of Animal 315
Business, Employment & Earnings

11 Business 321
12 Property 387
13 Media, Internet & Technology 405
14 Employment 417
15 Banking & Interest 451
16 Insurance 543
Other - Muamalaat (Dealings)

17 Nikah & Talaq - Marriage & Divorce 557
18 Wealth planning, Wills & Inheritance 595
Women
19 Women in Islam 631
20 Pregnancy & Related Issues 643
Food & Medicine

21 Halal Slaughtering 651
22 Halal Food & Personal Use Items 673
23 Medicine & Medical Issues 689

4 Contemporary Fatawa
Foreword
‫يم‬ َّ ‫س ِم‬
ِ ‫ٱهَّللِ ٱل َّر ْح َم ٰـ ِن ٱل َّر ِح‬ ْ ِ‫ب‬
‫ وعىل آله وأصحابه أجمعني وعىل‬،‫ والصلوة والسالم عىل رسوله الكريم‬،‫الحمد هلل رب العالمني‬
‫كل من تبعهم بإحسان إىل يوم الدين‬
In Islamic terminology, “Fatwa” means answer to a question relating to religion
of Islam. “Fatawa” is its plural form. Once a person accepts Islam as his faith,
he is obligated to follow its commands and teachings. Unlike other religions,
these teachings are not restricted to some rituals only. Rather, Islam has given
guidance about every sphere of life including acts of pure worship, marital
relations, social behavior, economic affairs, and even the political life.
These instructions are originally given by the Holy Quran and the Sunnah
of the Holy Prophet (Sallallahu alaihi wa sallam) elaborated in detail in the
books of Fiqh (Islamic law and jurisprudence), which is called Shari’ah. A
comprehensive study of these instructions needs specialization in the original
sources of Shari’ah. Therefore, a common Muslim needs to ask the Islamic
scholars about the precepts of Shari’ah in different walks of life. Answers given
by such scholars are termed as “Fatawa”.
I have been answering such questions posed to me by different people in English.
Firstly, these questions and answers were published in “Albalagh International”,
a monthly journal issued under my editorship from Darul-Uloom Karachi. A
selected portion of these questions and answers was compiled by my learned
brother Mr. Muhammad Shuaib Umar of South Africa with an introduction and
some explanatory notes under the title: “Contemporary Fatawa”. This book
was published by him at the end of the last century.
After its publication, I had opportunities to answer more questions either in
“Albalagh” itself, or in my personal correspondence. Quite a large number
of such answers was accumulated in addition to what was published in the
first edition of “Contemporary Fatawa”. Molana Shakir Jakhura, who has
been assisting me in many academic works, collected all these answers in a
file. One of my learned brothers requested Molana Shakir Jakhura to send
this file to him. He himself had a collection of my answers in response to his
Contemporary Fatawa 5
own questions. Then, he compiled all the answers given in the first edition
of “Contemporary Fatawa” and the new ones contained in the file sent to
him by Moulana Shakir Jakhura, or preserved by him in his own file. Thus
he prepared this new edition of “Contemporary Fatawa” under an order he
thought more appropriate for a common reader.
After his compilation, Moulana Shakir Jakhura went through the entire draft,
and pointed out to me a number of fatawa that needed revision from me in the
light of new circumstances. Thus I had an opportunity to revise them with the
valuable assistance given by himself and Moulana Abdulwahhab and Moulana
Mu’az Ashraf, and I brought many changes therein.
Now, this is the new and revised edition of “Contemporary Fatawa” that is
more comprehensive containing the latest views on the relative subjects.
After all, this is a human effort to explain the issues of Shari’ah to the best of
my knowledge and research. May Allah Ta’ala accept this humble effort and
make it beneficial to the readers.
I am extremely grateful to my brother, who initiated this endeavor and has
been very keen to bring it in a comprehensive and more understandable form.
I am also indebted to Moulana Shakir Jakhura, Moulana Abdulwahhab Dervi
and Moulana Mu’az Ashraf who assisted me in the process of revision. May
Allah Ta’ala bless all of them and those associated with its design, layout and
proofreading with best reward both here and Hereinafter. Aameen.
Muhammad Taqi Usmani

Darul-Uloom Karachi
11 Rajab 1444
2 February 2023
Chapter 01
Understanding Islam & Its Practices 7
CHAPTER
01
1.1
Understanding Islam &
Its Practices
Understanding Islam 9
1.1.1 How to correctly understand the religion 9
1.1.2 Fundamental requirements for entering Jannah 12
1.1.3 The Islamic Concept of One Ummah of all Muslims 13
1.1.4 A Moderate Ummah 17
1.1.5 Islamic vision on Interfaith cooperation for peace 24
1.2 The Holy Prophet ‫ ﷺ‬ 30
1.2.1 Salat and Salam on the Holy Prophet ‫ ﷺ‬ 30
1.2.2 Sending Durood on particular occasions 31
1.2.3 Hadith - Allah fulfilling desires of the Holy Prophet ‫ ﷺ‬ 31
1.2.4 Eid-e-Milaad-un-Nabi 31
1.2.5 Saying "Ya Rasulallah ‫"ﷺ‬32
1.2.6 Holy Prophet ‫ & ﷺ‬his interactions with other creations/worlds 33
1.2.7 The method of spelling the name of the Holy Prophet ‫ ﷺ‬ 33
1.3 Various concepts in the religion 34
1. 3.1 Ilmul Ghaib - knowledge of the Unseen 34
1.3.2 The Journey of the Soul/Rooh/Spirit 36
1.3.3 How to keep focus on niyyah (intention) to please Allah 36
1.3.4 How to practice Yatafakkaroon (reflection) as ordained 37
1.3.5 Taqdeer, Fate & Destiny 37
1.3.6 Permissible to request a living Saint for dua 39
1.3.7 Mujaddid and related Hadith 40
1.3.8 Sufism - Tassawuf and allegiance 43
1.3.9 The meaning of shaheed 44
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8 Understanding Islam & Its Practices
1.3.10 On Jihad and Shahadah 46

1.3.11 Entry of non-Muslims in Makkah and Madinah 46
1.3.12 Places of worship for non-Muslims 49
1.3.13 Existence before we came into being 51
1.3.14 Adoption of a Child in Islam 52
1.3.15 Adoption of a child and ways to overcome Mehram issue 53
1.3.16 Difference between Fardh and Wajib 54
1.3.17 The traditional Madrasas 54
1.4 Taqleed - Following an Imam 57
1.4.1 What is meant by the term ‘Taqleed’ 57
1.4.2 Following one particular Imam in every aspect 62
1.4.3 Differences between the Ummah is a blessing 66
1.4.4 Seeking solutions from other Fiqh 68
1.4.5 Do I have to identify my affialiation to the Imam I follow 68
1.4.6 Misperception about Imam Abu Hanifa 68
1.5 Socialisation & dealing between non-Mehram 69
1.5.1 Attending parties featuring prohibited practices 69
1.5.2 Shaking and kissing hands and embracing 69
1.5.3 In respect of elders 71
1.5.4 Copying greetings from others 71
1.5.5 Breaking ties is Haram if one avoids salam 71
1.5.6 Seeking forgiveness from others 73
1.6 Living in non-Muslim countries 73
1.6.1 Emigration to a non-Muslim country 73
1.6.2 Bringing up children in non-Muslim countries 75
1.6.3 To save children from the ill effects 76
1.6.4 Eid-ul-Adha with Saudi Arabia and unity of Muslims 76
1.6.5 Donations for Mosques/Islamic Centers from non-Muslims 80
1.6.6 Distributing the Holy Qur'an to non-Muslims with Arabic text 81
1.6.7 Anti-Racism Policy 81
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1.7 Other topics 82

1.7.1 ‘Allah is Watching’ – A statement to always keep in mind 82
1.7.2 Keeping beard and its length 82
1.7.3 Coloring the hair/beard 83
1.7.4 Using Perfume 83
1.7.5 Music in Islam 83
1.7.6 Playing music and songs to children in schools 84
1.7.7 Adulthood age for segregation in School 84
1.7.8 Saying ‘Allah Hafiz’ and `Khuda Hafiz’ 85
1.7.9 Saying Juma Mubarak 85
1.7.10 Sermon of Ghadeer 85
1.7.11 Prophet Yusuf in Egypt 86
1.7.12 When was ‘Al-Masjid-al-Aqsa built 87
1.7.13 Universe made in 6 days & "Kun Fa Yakoon" 87
1.7.14 Can the dead see us 88
1.7.15 Life in other worlds (other than earth) 88
1.7.16 Qiyamat before knowing all the creation / worlds 88
1.7.17 Mairaj (Accension) of the Holy Prophet ‫ ﷺ‬ 89
1.1 Understanding Islam
1.1.1 How to correctly understand the religion

Q) I am contacting you because I wish to seek the true and correct
understanding of my Deen. Here in Australia, although a non-Muslim country,
I have been exposed to many different interpretations of Islam by various
groups and people, especially over the last year. As a result, I am often led into
confusion concerning Deen, unable to distinguish between what is correct and
what is not, what part of it is and what is not. In all sincerity, let me say that
I only wish to know the truth. I do not wish to be led astray by people who
claim to know the correct understanding of Islam, and yet their understanding
is false or a distortion of the truth. It is for this reason that I am contacting you,
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as I have every respect for you, and I believe that you are someone who can
guide me to the true teachings of this religion.
To give you an example of the extent to which I am being bombarded with
different views. Just today I received an e-mail from a brother at my university
concerning an article which casts doubt on the authenticity of Hadith.
Alhamdulillah, through Hafiz Munib I have had such doubts clarified. But I
now wish to undertake, or continue, my personal study of Islam, Insha’Allah.
If sincerity and enthusiasm are the criteria for seeking knowledge, then I have
these. All I need is someone I can be confident in to guide me with the truth.
I will explain my situation so that you will best be able to prescribe for me a
method of study. My situation is as follows:
I am currently studying a Bachelor of Engineering at the University of
Melbourne. Alhamdulillah, now I am also beginning to study Arabic and will
be undertaking a diploma in Arabic along with my degree, Insha’Allah. As
at this point in time, I have a very limited knowledge of Arabic, although I
understand the basics, and I am not competent enough in my Urdu. English is
my primary language. I will be turning 20 this April, Insha’Allah.
Therefore, after having explained my situation, I sincerely ask you to offer me
some words of advice concerning how I should proceed to study my religion. I
am interested in studying some books, and this is what Hafiz Munib suggested
as the best means for me to study at this point in time, considering the fact that
I am a full-time engineering student. Therefore, could you please suggest for
me some books in the English language which I should read to begin studying.
I have already ordered the first volume of "Ma’ariful-Qur'an", as suggested to
me by Hafiz Munib. I am waiting for it to arrive from Pakistan.
Furthermore, I also would like to ask you, may I keep contact with you if I
have any questions, or for clarification on such matters. And are there any
other forms of study that I can do, other than just the reading of books at
this point in time, given my current circumstances or is the reading of good
reliable books sufficient for now. I will sincerely appreciate any words that
you can say to me.
A) I have received and gone through your e-mail letter with pleasure. I am
happy to know about your search for knowledge of Islam. In fact, in the light
of the Qur'anic teachings there are two ways to have correct understanding of
our religion.
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One is to acquire all the Islamic disciplines by studying the relevant sciences
in a formal way after which a person becomes fully knowledgeable in Qur'an,
Ahadith of Holy Prophet ‫ ﷺ‬and the Islamic jurisprudence derived therefrom.
This requires a long time because one has to learn not only the Arabic language
but also different sciences developed by the Islamic Ummah in the light of the
Holy Qur'an and Sunnah. These subjects are normally taught in the specialized
educational institutions known as Deeni Madaris.
The second way is to study the basic books of Islamic religion and to seek
guidance from a knowledgeable person who has acquired his knowledge in
the fashion mentioned above. For this purpose a Muslim is obligated only to
find out a reliable person whom he believes to be an authentic scholar who has
acquired his Islamic knowledge in a proper way through the chain of teachers
linked with the Holy Prophet ‫ﷺ‬.
It must be kept in mind that while sending the Holy Qur'an to the mankind,
Allah Almighty Himself elected to send it through the Holy Prophet ‫ ﷺ‬and has
clearly mentioned in the Holy Book that the Holy Prophet ‫ ﷺ‬is sent to teach
the Holy Book and the wisdom and purify his addressees. It clearly means that
the Holy Book can be useful only when it is read and studied in the light of the
prophetic teachings. The companions of the Holy Prophet ‫ ﷺ‬learnt the Holy
Qur'an from the Holy Prophet ‫ ﷺ‬despite the fact that they were Arabs and did
not need any translation. Then, these companions taught the Holy Qur'an and
the prophetic teachings to other people and they conveyed the same teachings
to the next generation. All the Islamic injunctions have reached us through this
chain and scholars who are ultimately linked with the Holy Prophet ‫ ﷺ‬himself.
This is the only way through which a correct interpretation and understanding
of Islamic teachings can be reached.
There have been many people throughout the Islamic history who tried to
interpret the Holy Qur'an by overlooking this traditional chain. They were under
the misconception that the Holy Qur'an can be understood and interpreted with
the help of dictionaries and they need not seek guidance from the scholars who
have acquired the Qur'anic knowledge through the above mentioned traditional
sources. This approach being contrary to the basic scheme mentioned by the
Holy Qur'an itself, often fall prey to certain ideological or practical errors.
Almost all the wrong interpretations of Islamic teachings have come forth
through this misconception, that is why I have emphasized on the fact that
one should seek guidance only from those knowledgeable persons whose
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source of knowledge is linked with the traditional chain of scholars. Once a

common Muslim appreciates this fact and turns to a scholar of this type whom
he believes to be very knowledgeable and more practicing, to the best of his
search and scrutiny, and follows him in religious matters, his obligations stand
discharged.
Since you are studying Engineering it is probably not possible for you to adopt
the first method of acquiring the knowledge of religion nor is it necessary for
you to do so. However, you should acquire that much of knowledge in the light
of which you can run a good Islamic life. For this purpose you should study
some books and then select a scholar to seek his guidance when necessary. As
desired by you I am giving you the names of some books you should study for
that purpose:
1. What Islam Is (by Maulana Manzoor Ahmad Nomani)
2. Islamic Faith and Practice (by Maulana Manzoor Ahmad Nomani)
3. The English translation of Hayatul Muslemeen (by Maulana Ashraf
Ali Thanvi)
4. The English translation of Uswai Rasool-e-Akram (by Dr. Abdul
Hai)
5. The English translation of Ma’ariful-Qur'an (by Mufti Muhammad
Shafi Sahib)
I would also advise you to subscribe the monthly journal of Albalagh
International published by Darul Uloom Karachi every month in English.
You can refer to me after studying these books.
1.1.2 Fundamental requirements for entering Jannah

Q) We understand that entrance to the Heaven will depend on the mercy of
Allah, the Most-Merciful, and not on our deeds only. We all the time seek
the mercy of the Merciful for here and for the Hereafter. Someone came to
the Holy Prophet ‫ ﷺ‬asking him what he was required to do to enter into the
Heaven. The Holy Prophet ‫ ﷺ‬narrated the minimum deeds he was required to
do in order to enter into the Heaven. Would you be kind enough to give details
of the minimum deeds. May Allah reward you for this noble work.
A) There are a number of Hadiths in which the Holy Prophet ‫ ﷺ‬has mentioned
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the requirements for entering Paradise while answering different questions

asked by different Sahabah ‫ﭫ‬. The deeds mentioned in such Ahadith have
been varying from person to person and from occasion to occasion. The
reason is obvious, because Islamic injunctions relate to every walk of life and
different persons are required to do different acts according to their respective
environments. However, keeping all such Ahadith in view, one can summarize
the issue in the following manner:
The most fundamental requirements for entering the Paradise are:
1) To have ‘Iman i.e., faith in the oneness of Allah, the Prophethood of
all the Messengers and in the Finality of the Prophethood of Muhammad
‫ ﷺ‬and in the injunctions brought by him, and’ in the Hereafter. Without
having a firm faith in these one cannot expect to enter the Jannah.
2) An instant entry into the Heaven without being subjected to any kind
of punishment further requires:
a) Observance of all the obligations prescribed by the Holy Qur'an
and the Sunnah of the Holy Prophet ‫ ﷺ‬which include "Faraid" such
as the five prayers, Fasts of Ramadan, payment of Zakat for the
persons who own Nisab, and performance of Hajj for those who can
afford it. The obligation also includes "Wajibat" like ‘Qurbani’ etc.
b) Abstinence from all the major sins like adultery, fornication,
drinking liquor, eating pork, telling lies, accepting bribe and
committing back-biting, usurping the property of others, etc, etc.
c) If a Muslim does not fulfil the requirements mentioned in (b)
above or fails to fulfil anyone of them he may be subjected to the
punishment of Hell and shall not be entitled to entry into Jannah
in the beginning. However, after being subjected to the punishment
prescribed for several misdeeds committed by him, he will be
admitted to the Jannah by virtue of ‘Iman.
This is the gist of rules mentioned in the Holy Qur'an and in the Sunnah of the
Holy Prophet ‫ﷺ‬. It will be sufficient, I hope, to satisfy your inquiry.
1.1.3 The Islamic Concept of One Ummah of all Muslims

Q) What is the Islamic concept of One Ummah and how does it give all the
Muslims a unique and universal ID.
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In this One Ummah concept how does Islam include and deal with the non-
Muslims.
A) The Concept of "One Ummah" is defined in the Qur'an and various
Ahadith. However, the best explanation of this concept, is given by the Holy
Prophet Muhammad ‫ ﷺ‬in his Farewell Sermon at the occasion of Hajjatul
Wadā’a. Its relevant part is summarized below:
"O People, do regard the life and property of every Muslim as a sacred trust in
the same way as you hold this your month (of Zulhijjah), and this day and this
city (of Makkah) as Sacred, ....Your God is one, your father is one. An Arab
has no superiority over a non-Arab, nor does a non-Arab have any superiority
over an Arab; a white has no superiority over a black, nor does a black have
any superiority over a white; [No one has superiority over another] except by
piety (Taqwa)1..."
This is the basis of the concept of One Ummah. It declares all the Muslims of
the entire world as brothers, no one having superiority over another, except on
the basis of piety, and despite their divergence in gender, age, race, language,
location, wealth and professions, all Muslims are like brothers to each other, as
they all share the same beliefs and are the followers of the same system of life.
This concept of brotherhood is beyond the geographical boundaries between
different countries. Therefore, if a Muslim or a group of Muslims is suffering
from persecution by non-Muslims, it is incumbent on all the Muslims to
support and help them to the best of their ability in whatever country they are
living in. This support may take different forms according to the need of the
persecuted Muslims and the best available sources to the supporters, but no
Muslim is allowed to sit indifferent with what is going on with their brothers
at any part of the world.
This principle is highlighted by the Holy Prophet ‫ ﷺ‬in another Hadith which
says:
The believers [Muminīn] in regard to their mutual affection, mercifulness and
friendliness are like a single body; when any part of this body complains of a pain,
the whole body suffers from fever and sleeplessness2.
Another outcome of the concept of a single Ummah is that ideally all the
1 Sahīh Bukhari - Hadith 67, 4406, Al- Tirmidhi - 3847
2 Sahīh Muslim, Hadith 2586 (Vol. 4 P 1999)
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Muslims should be governed by a single state where sovereignty belongs

only to Allah, and the rulers work as His vicegerents under the Shari'ah law.
This ideal situation existed in the Muslim world for centuries. However, after
the colonial powers imposed themselves on the Muslim world, the Muslim
State was divided into different countries, each claiming independence from
other countries. It is therefore a compulsion of circumstances that each state is
recognized as separate from the other. Now most of these states are governed
by different laws, including those repugnant to the Islamic Shari'ah.
Still there are some efforts to unite the Ummah at least to the extent of their
foreign policies. This move, very weak though, prompted the Muslim states
to establish a united platform with the name of "Organization of Islamic
Cooperation". More efforts are necessary to strengthen this organization to
get the real fruits of the concept: One Ummah.
An objection on this concept is sometimes raised on the basis of different
schools, wrongly named as sects, having different interpretations of the Holy
Qur'an and Sunnah of the Holy Prophet ‫ﷺ‬. It should therefore be clearly
understood that difference in opinions in interpreting a certain precept or
solving an issue is not against the unity of Ummah, nor should it be taken as
against the brotherhood of Muslims established on the basis of Iman, as far as
it is within the limitations of Shari’ah. Firstly, because all human beings do not
have the same frame of mind. Therefore, they may have different viewpoints
in matters relating to interpretation. Secondly, because such differences are
very few in number, as compared to the Islamic precepts and basic doctrines
of Shari’ah as a whole. Thirdly, because such differences existed even in the
era of the Holy Prophet Muhammad ‫ﷺ‬. To quote only one example, when a
group of Sahaba ‫ ﭫ‬was sent by the Prophet Muhammad ‫ ﷺ‬to the tribe of
Banu Quraiza, under the direction that they should offer the Salah of ‘Asr only
when they are in Banu Quraizah.
But when they were on their way to Banu Quraizah, the time of ‘Asr Salāh
arrived. At this occasion, the question arose whether they should pray on their
way or should wait until reach the destination, as directed by the Holy Prophet
‫ﷺ‬. Some Sahaba ‫ ﭫ‬were of the opinion that the Prophetic instruction meant
to reach Banu Quraizah as soon as possible, therefore, it did not prohibit them
from praying on time. Therefore, they offered the ‘Asr before reaching Banu
Quraizah, because the time was passing and expiring for ‘Asr Salah, while the
other group of Sahaba ‫ ﭭ‬preferred to offer Salah in Banu Quraizah as per
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the exact wording of the Prophet Muhammad ‫ﷺ‬, and when this difference of
opinion was reported to the Holy Prophet ‫ﷺ‬, he did not reproach any of the
two groups3.
It is evident from such incidents that having different opinions in interpreting
Shari’ah is not against the unity of the Ummah. However, these differences
should not be taken as the basis of excessive disputes, quarrels, abusive
language, and disrespectful behavior, which is not allowed in any school of
thought. The correct practice is to restrict such differences to academic circles
of knowledgeable persons or students in places of education in the relevant
school.
As for the dealings with non-Muslims, if Muslims and non-Muslims are not
in the condition of war and are living under a peaceful atmosphere, Muslims
are required to respect the human rights of non-Muslims and observe the
principles of cooperative co-existence. They are also prompted to work with
them for the establishment of peace and for eradicating injustice and violence.
The Muslims are also prohibited from usurping their properties or causing
them any physical or mental discomfort. The protection of life, rights and
wealth of those non-Muslims who are living even in a non-Muslim country
with peace is especially emphasized in Shari’ah.
The incident of Hadhrat Mūsa ‫ ڠ‬mentioned in the Qur'an4 is a great example,
when Hadhrat Mūsa ‫ ڠ‬struck a Qibtī with his fist and the Qibtī could not
bear it and died. Even though it had happened without any intention on his
part, Hadhrat Mūsa ‫ ڠ‬considered it as a sin and begged for forgiveness from
Allah Ta’ala, which was granted.
However, good dealings with non-Muslims can only be considered valid if it
is not contrary to Shari’ah guidelines or Islamic values. Thus, Muslims are not
allowed to observe or adopt any act that is symbol of any other religion and
is peculiar to it. For example, it is not allowed for a Muslim to keep a Cross
in his home or put it at a prominent place in a Muslim city. Also, celebrating
Christmas by saying "Merry Christmas" is not allowed, as it is a religious
ceremony of Christians based on the concept of incarnation. Similarly,
considering Muslims, Jews and Christians altogether as one Ummah or family
and inviting them to places where they all worship together, is absolutely
3 Sahīh Bukhari, Hadith 946 (Vol. 2 P 15)
4 Sūrah Al-Qasas 15
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wrong. In recent days, a new term is invented as "The Family of Ibrahim"

which falsely claims that as Ibrahim ‫ ڠ‬is the great father of Muslims, Jews,
and Christians, thus they all are members of one family. It is totally wrong.
Allah Ta’ala clearly stated in the Qur'an:
Ibrahīm was neither a Jew nor a Christian. But He was upright, a Muslim, and
was not one of those who associate partners with Allah. (3:67)
1.1.4 A Moderate Ummah

Q) What does ‘Islam being a moderate religion’ and Muslims being a
‘moderate Ummah’, mean. Is there such a categorization of a Muslim into
‘moderate’, ‘extremist’, or ‘fundamentalist’ etc.
A) Islam has not categorized its followers into moderate, extremists or
fundamentalists. Islam calls its followers to obey all the commands of Allah
and His messengers and follow all His teachings. In Surah Al Baqarah, verse
208, the Holy Qur'an says:
O those who believe, enter Islam completely (2:208)
The verse means that a Muslim is supposed to follow all the teachings of
Islam and it is not a correct practice to obey some commands of Allah and His
messenger and to violate others. This is a partial obedience, while the Muslims
are required to submit to Allah totally.
However, Islam is a moderate religion in the sense that the rules and injunctions
prescribed by it have taken into account all human needs and are far from the
extremes of Judaism and Christianity. In Judaism the rules were harsh and
strict, particularly, in the fields of Tahara (purity) and Halal and Haram, while
in Christianity the rules are over-relaxed. The Shari'ah brought by our Holy
Prophet ‫ ﷺ‬was moderate and between these two extremes. This is what is
meant by Holy Qur'an in verse No.143 of Surah Al-Baqara:
And in the same way We made you a moderate Ummah (community) (2:143)
Maulana Mufti Muhammad Shafi Saheb has discussed in detail to explain this
verse in his tafseer Ma’ariful Qur'an, as follows:
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The most moderate of all people

According to verse 143, the characteristic quality which confers superiority on
the Islamic Ummah over others is its being Wasat - (a word which has been
variously translated into English as "midmost, moderate, just, intermediary,
middle, central or justly balanced.") In order to explain the implications of the
word Wasat, commentators have usually made use of another Arabic adjective
Mu`tadil (signifying "moderate or temperate") and the noun I’tidal which
means "being equal"; both the words come from the root Àdl which signifies
"to be equal, or to make equal."
In this regard one would like to know why the superiority of a human group
or individual should be made to depend on the quality of moderation. Let
us begin this discussion with a quite tangible fact. All the medical systems,
old or new, are unanimous in accepting the principle that the health of the
human body depends on the temperateness of the different elements of
which it is composed, and that illness or disease comes from a disturbance
of this equilibrium. According to the ancient Greek medicine, which was
further developed by the Muslims, these elements or "humours" are four
in number - blood, phlegm, yellow bile and black bile -, and the humours
produce four physical states in the body - heat, cold, wetness and dryness.
As long as the four states are properly balanced against one another, the
human body enjoys good health; but as soon as there is an immoderate
increase or decrease in any one of them, the body becomes diseased, and if
the balance is not properly restored in time, it may succumb to the forces
of death. Similarly, in the ethical and spiritual sphere too health depends on
temperateness and inner equilibrium, and illness arises out of intemperance
and disequilibrium, which, if allowed to grow, results in spiritual death.
At the same time, anyone who has eyes to see would readily discover for
himself that the essence of manhood which places man at the head of all
created beings, does not lie in the physical states of his body - that he, in fact,
shares with all the animals - but in something higher and subtler: namely,
spiritual perfection. As the great Sufi poet Rumi has said: "Manhood does
not reside in the flesh, or in the fat or in the skin; manhood is nothing else
than seeking to please the Friend." As to those who ignore this essential
attribute of man and allow it to be destroyed in themselves, Rumi says:
"These people you see all around are non-human; they are not men, but only
wear the masks of man."
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The Universal Man

This being so, we are naturally led to the conclusion that he alone can deserve
the title of Al-Insan al-Kamil ("the Universal Man") who has attained ethical
and spiritual equilibrium along with physical equilibrium. This quality has
specially been granted to all the prophets ‫ڠ‬, and, in its most perfect form,
to the Holy Prophet ‫ ﷺ‬who is thus "the Universal Man" par excellence. As
for humanity in general, Allah has, on the other hand, created a stable and
complex system of medicines, instruments and physicians for the physical
well-being of man; similarly, He has, on the other hand, sent His prophets
who bring divine guidance for man, and who are provided with a certain
amount of requisite physical force too, so that they may promulgate this law
of equilibrium and moderation in the world. The Holy Qur'an defines the
purpose of sending prophets and messengers of Allah to men, and of giving
them Divine Books:
Indeed, We have sent Our messengers with the clear signs, and We have sent down
with them the Book and the Balance, so that men might uphold justice. And We
have sent down iron in which there is great might, and many uses for men (57:25)
Let us add by way of explanation that "the Book" is meant for producing
inner equilibrium and temperateness in men, and "the Balance" for producing
equilibrium in their social conduct and economic transactions - the "Balance"
may also stand for the Shariàh of every prophet which helps us to define what
"equilibrium" really is in its various applications in the different spheres of
human life, and which serves to establish justice in the world.
Now, let us recall that the verse under discussion characterizes the Islamic
Ummah with the word Wasat ("moderate, middle, central"). Our discussion
must have made it clear that this simple word comprehends all the qualities
which it is possible for an individual or a community of men to possess in
this world. Through such a characterization of the Islamic Ummah, the Holy
Qur'an has thus indicated that this Ummah possesses the essential quality of
manhood to a degree of perfection that no other Ummah does, and that it is
superior to all others in serving the purpose for which the whole cosmic order
has been created, and for which all the prophets and divine books have been
sent.
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The Universal Community

Certain other verses of the Holy Qur'an define this essential quality of the
Islamic Ummah in more specific terms. For example:
Among those We have created there is an Ummah which guides by the truth, and
by it dispenses justice (7:181)
That is to say, the Islamic Ummah displays its spiritual equilibrium in giving
up the pursuit of individual desires and interests in order to follow divine
guidance and try to make others to do the same, and in settling all kinds of
disputes in the light of divine law without being influenced by the vested
interests of a person or a group. Another verse is still more specific:
ِ
You are the best Ummah that has been brought forth for men, bidding to good
deeds and forbidding evil deeds and believing in Allah (3:110)
It is the best Ummah, for it has been granted a unique Prophet ‫ ﷺ‬who taught
us to respect all other prophets, and a Book which is the most comprehensive
and the most perfect of all the Divine Books, and has in itself been endowed
with the quality of temperateness, moderation and equilibrium to a degree as
no other Ummah does enjoy; it has been destined to be the recipient of the
most subtle modes of knowledge, to outshine others in all the forms of faith
and practice, and, above all, in the fear of Allah - its field of action not limited
to any one country or race but extending all over the world, and infusing all
the spheres of human existence. The phrase ‫اس‬ ْ ‫" أُ ْخ ِر َج‬raised for mankind."
ِ َّ‫ت لِلن‬
(3:110) indicates that the very purpose for which it has been brought into being
is to work for the good of men, and to help them find the way to salvation and
to Paradise, its function and, so to say, it’s very insignia as an Ummah being
to guide people towards good deeds and to dissuade them from evil deeds.
This role of the Islamic Ummah has been formulated very succinctly in a
Hadith: ُ‌‌‌‫صي َحة‬
ِ َّ‫" الدِّينُ ‌الن‬Religion consists in having the good of others at heart" -
particularly of other Muslims. Let us add that the good deeds towards which
this Ummah is meant to guide others are those which have been defined as such
by the Shariàh, while the evil deeds from which it is to dissuade them include
infidelity (Kufr), association (Shirk), innovations in religion (Bid’ah), sins of
different kinds, illegitimate customs, transgression of divine commandments,
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immoral or indecent actions, etc. As to dissuading people from evil deeds, this
too may take various forms - it may require the use sometimes of the tongue,
sometimes of the hand, sometimes of the pen and sometimes of the sword
- in fact, it would include all the forms of Jihad. As far as the extensive and
intensive display of this particular quality is concerned, no other Ummah can
compare with the Islamic Ummah.
Moderateness: A Comparative View
Let us now consider how far the temperateness or the moderation of this
Ummah is borne out by actual facts. Since it is not possible here to make
a detailed comparative study of the respective beliefs and practices of all
the Ummahs, we shall give only a few examples which would, we hope,
satisfactorily establish the superiority of this Ummah over others.
First of all, let us take up the doctrinal aspect. In the case of the earlier Ummahs
one would observe that on the one hand they took their prophets to be the sons
of Allah and started worshipping them
ِ
" The Jews said, ‘Ezra is the son of Allah’, and the Christians said, ‘Christ is the
son of Allah’." (9:30)
and that on the other hand some people from among them, in spite of having
recognized and acknowledged their prophet on the basis of his oft-repeated
miracles, refused to obey him when he asked them to take part in a holy war,
and bluntly said:
" Go forth, you and your Lord, and fight; we will be sitting here." (5:24)
We sometimes see even the spectacle of prophets being tortured by their own
followers. On the contrary, we have the Islamic Ummah which has such a
deep love for the Holy Prophet ‫ ﷺ‬that Muslims have, in every period of their
history, taken it to be the greatest blessing to be able to sacrifice their own
lives and even the lives of their wives and children at his call, and yet it has
never exceeded the limit, and has placed the Holy Prophet ‫ ﷺ‬only in the
station of a prophet and not in the station of Allah. In spite of knowing him
to be the most perfect of all the prophets, it has been calling him: "the servant
of Allah, and His messenger." The doctrinal position with regard to him, as
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defined in the famous Arabic poem "Qasidah al-Burdah", is that, short of

attributing "the sonhood of Allah" to him (which the Christians do in the case
of Christ, and which constitutes an act of infidelity), anything that one says in
his praise would be correct; or, in the words of a Persian poet, addressing the
Holy Prophet ‫ﷺ‬:
‫بعد از خدا بزرگ توئ قصه مختصر‬

" In short, after God, you are the greatest."
When we turn from the doctrinal aspect to a consideration of the actual

attitudes and practices in the matter of worship and rites, we again find similar
excesses and aberrations on the part of earlier Ummahs. On the one hand, we
see their religious scholars misinterpreting or changing the injunctions of their
Shariàh and even distorting the Sacred Books for a few pieces of silver, and
inventing all kinds of ruses to get rid of divinely ordained rites; on the other
hand, we find people giving up the world altogether, imprisoning themselves
in monastic cells, refusing to accept their share in the blessings of the physical
world which Allah has not only granted to man but the enjoyment of which
also He has permitted, and, in short, believing that imposing hardships on
oneself carries the highest merit and is in itself an act of worship par excellence.
The history of Islamic Ummah, on the contrary, presents a totally different
picture. On the one hand, it has never adopted monasticism as the supreme
form of religious life - in fact, Islam forbids such an attitude. On the other
hand, through its readiness to sacrifice property and life, even children and all
for the sake of the commandments of Allah and His Prophet ‫ﷺ‬, the Ummah
established its sway even politically over a considerable area of the world. It
has demonstrated in its practice as no other Ummah has that religion is meant
to be put into action in the market places and the halls of power as much as in
the Mosques and the contemplative retreats. It is the Islamic Ummah which
has shown the world how the poor in spirit can move about in the robes of
kings, and the kings in spirit conceal themselves in the garb of beggars - all
because the king as well as the beggar knows that the greatest dignity lies in
being the servant of Allah.
In the sphere of human and social relations too, the earlier Ummahs have in
their behavior been guilty of excess in one way or another. On the one hand,
we see an indifference to human rights and particularly an utter disregard
of the rights of women, and, in general, a pursuit of individual interests and
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desires irrespective of the question of right and wrong. On the other hand, we
have the display of an exaggerated sentimentality which forbids the eating
of animal flesh in spite of Allah having made it lawful, and which frowns
upon the killing of an insect even accidentally. It was the Islamic Ummah and
its Shariàh which established an equilibrium and a just order in the field of
human relations. On the other hand, it set down a clear code of human rights,
extended them to women as well, and prescribed that not only in times of peace
but on the battlefield itself the enemies too must enjoy certain inalienable
rights. On the other hand, it clearly demarcated every right and every duty, and
put down every act of falling back from the prescribed mark or exceeding it
as a crime. The Islamic Shariàh also taught that one should try to fulfill all of
one’s obligations towards others, but if one saw one’s own rights suffer, one
should exercise patience and forgiveness.
In the economic sphere too, the other Ummahs have been a prey to excesses
of different kinds. For example, in our own age we have, on the one hand, the
Capitalist system which pays no heed to the distinction between the lawful
and the unlawful, and is totally blind to the welfare of the people, but exalts
the amassing of wealth as the highest virtue; on the other hand are certain
economic systems which have no respect for personal property. In actual
fact, the essence of these two hostile systems is the same - the pursuit of
worldly things as the be-all and the end-all of human life. Contrary to this, the
Islamic Shariàh brings the conflicting elements into an equilibrium, giving
to each its proper place. On the one hand, it does not allow the amassing of
wealth to be made the ultimate end of man’s effort, nor does it make human
dignity depend on the considerations of money or rank or office. On the other
hand, it promulgates certain principles for the distribution of wealth in a
balanced manner so that no member of a society should be deprived of the
basic necessities of life, nor should an individual or a group appropriate all
the available wealth. The things which can be shared in common by all the
members of a society have been entrusted to public or joint control, while in
certain specific things the right to private property has been fully respected. It
made a clear-cut distinction between lawful (Halal) possessions and unlawful
(Haram) possessions, insisting on the spiritual merit of lawful possessions and
laying down the rules for making use of them.
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1.1.5 Islamic vision on Interfaith cooperation for peace5

I am grateful to the organizers of this conference who have provided us with an
opportunity to share our views about a very vital and critical issue of our time.
It is also heartening to know that ‘World Council of Religions’, is established
to have interfaith dialogue, to bring harmony between different religions and
to strive for international peace and justice. I wish and pray that these efforts
bring fruits and are blessed by Allah Almighty with success.
I have been directed to give a brief account of Islamic standpoint about
interfaith cooperation to establish peace and harmony in this world. The
subject is too lengthy to be covered in the time allocated for it, but I shall
confine myself to some very brief points that may help us to understand the
basic Islamic vision in this respect.
Unfortunately, some irresponsible circles have depicted the picture of Muslims
as an undisciplined group of militant fanatics who are out for indiscriminate
killings, rampage and sabotage with no recognition of any bounds or limits
for their fanatic activities. This misrepresentation, to say the least, is based on
ignorance if not on bias and prejudice.
In fact the message of peace is engrossed in the very word of Islam because
one of the original route of this word is ‘Silm’ which signifies peace and
security. Moreover, Islam is the only religion that directs us to greet each other
by saying ‘Assalamu-‘alaikum’ which means ‘Peace on you’. This message of
peace is repeated hundreds of times on daily basis whenever a Muslim meets
the other. It is ironical that the religion which upholds the message of peace to
this extent has been taken by some circles as opponent of peace. Even in the
matter of international relations, the prime objective of Islam is to establish
peace, but it cannot be established on unilateral basis. It should be bilateral.
It is this principle that the Holy Qur’an has laid down in the following words:
ُ
If they tend towards peace, you should tend towards it. (Surah al-Anfal 8:61)
However, according to the Holy Qur’an, peace should be based on justice,

equity and fairness, and not on oppression and tyranny. The Holy Qur’an has
given us a clear direction by saying:
5 Paper read by Mufti Muhammad Taqi Usmani at Muslim World League Conference in Islamabad,
Pakistan
Chapter 01
Believers, be upholders of justice - witnesses for Allah, even though against (the
interest of) yourselves or your parents, and the kinsmen. (4:135)
The same principle is reiterated more forcefully in another verse, which says:
Malice against a people should not prompt you to commit the crime of injustice.
Do justice. That is nearer to piety. (5:8)
Even with those who did wrong to the Muslims the Holy Qur’an has emphasized
on abiding by the limits of justice. It says:
۟
Malice against a people, for their having prevented you from the Sacred Mosque,
should not cause you to cross the limits of justice. (5:2)
This verse refers to the pagans of Makkah who had unjustly prevented the
Muslims from pilgrimage to the Sacred Mosque of Makkah. The Holy Qur’an
has warned the Muslims that the malice created by this wrongful act of the
non-Muslims must not prompt them to cross the limits of justice as prescribed
by Allah and His Last Messenger ‫ﷺ‬. In the context of establishing justice in
international relations, we have detailed directives in the Holy Qur’an and
Sunnah of the Holy Prophet ‫ﷺ‬. Time constraints do not allow me to give
all such details, but I would refer only to a few basic points which are more
relevant to our current problems:
1) The Holy Qur’an has emphatically directed its followers to abide by
their covenants. It says:
And fulfill the covenant. Surely, the covenant shall be asked about (on the Day of
Reckoning) [17:34]
The Holy Prophet ‫ ﷺ‬has extended the principle to the tacit agreements
as well, even though there is no covenant in express words. Once an
envoy was sent by the pagans of Makkah to the Holy Prophet ‫ﷺ‬. After
delivering the message, the envoy was so impressed by the Holy Prophet
‫ ﷺ‬that he embraced Islam and refused to go back. The Holy Prophet ‫ﷺ‬
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did not allow him to do that and told him that he had a tacit agreement
with the pagans to return to them, and therefore he advised him to go back
and then he might come again after fulfilling his tacit agreement. (Abu
Dawud)
2) The Holy Qur’an has laid down the principle that nobody can be
punished for the fault of another person. It says,
No bearer of burden shall bear the burden of the other. (53:38)
Therefore, if a religious group commits violence against Muslims in

another country, it is totally prohibited for us to retaliate by violence
against the innocent members of that religion living in our country.
3) The Holy Qur’an has totally condemned the policy of double
standards in mutual conduct. The Holy Qur’an says:
Woe to the curtailers who, when they measure something to receive from people, take it
in full, but when they measure or weigh to give it to them, give less than due. (83:1-3)
The principle enshrined by this verse is that one should treat others in the
same manner as he wants to be treated by others.
4) Cooperation with other religions must be based on sound and fair
objectives for the betterment of humanity and not for sinful and aggressive
activities. The rule laid down by the Holy Qur’an in this respect is as
follows:
‌
Cooperate with each other for virtuous acts and piety and do not cooperate for sin
and aggression. (5:2)
The Holy Prophet ‫ ﷺ‬himself entered into a treaty of mutual cooperation

with non-Muslims. This treaty known in the history as ‘Hilf-ul-Fudul’
was meant to help and support the oppressed people regardless of their
creed and urged upon economic cooperation between human beings of
whatever religion (See Ibn S’ad 1:128 and Hakim 2:220)
5) Jihad is, no doubt, one of the institutions enshrined by Islam. But
it does not mean a war to compel people to accept Islam, as the Holy
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Qur’an has declared that there is no compulsion in religion. Nor does it

mean to occupy lands and extend the territory of a Muslim state without
a just cause. Jihad in fact means a well-disciplined struggle against
aggression and oppression. The struggle of Jihad may be with or without
arms. Armed struggle is allowed only when peaceful means have totally
failed. Apart from a just and rightful cause it is necessary that it is carried
out under a competent Amir or leader in strict compliance with dictates
of Shari'ah. This armed struggle can never target the innocent persons.
It is always a legitimate struggle against an oppressor or a tyrant and his
warriors. It has, therefore, nothing to do with terrorist activities which
target innocent people and have been termed by the Qur’an as ‘Fasad fil-
ard’ (spreading disorder in the land).
6) Perhaps it was Islam that laid down for the first-time proper rules of
conduct even for a legitimate war. The Holy Qur’an says:
And fight in the way of Allah against those who fight you, and do not be
oppressive. Verily, Allah does not like the oppressors. (2:190)
Even in legitimate wars, the Holy Prophet ‫ ﷺ‬has totally prohibited killing
women, old persons, children, and peaceful saints and worshippers who do
not participate in war. This prohibition was repeated by the Holy Prophet\ at
the time of every expedition. His blessed successor, Sayyidna Abu Bakr ‫ﭬ‬
issued the following directive for his soldiers:
" Never kill a woman, a minor child, an old person and those who have devoted
themselves for God; and do not cut any tree that bears fruits, and never destruct
a population, nor kill cattle except for food, and do not drown or burn an oasis."
(Muwatta’ of Imam Malik)
Once during a war, a shepherd from the camp of enemy came out with a herd
of goats for grazing. Once he reached the camp of the Holy Prophet ‫ ﷺ‬he
took this opportunity to talk to him. After listening to the Holy Prophet ‫ﷺ‬,
he embraced Islam. He had a large herd of goats with him. The Muslim army
was suffering from starvation, and the property of the enemy is normally held
lawful during a declared war, especially for the purpose of food. But the Holy
Prophet ‫ﷺ‬, told the shepherd that he had taken the herd of goats as a trust for
their owners, and he is duty-bound to deliver it to them before he joins the
Muslim camp, and he did accordingly (Hakim: Mustadrak).
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It was on the basis of such directives that the Muslim jurists have codified the
detailed laws of international relations both in war and peace at a time when
the concept of codified international law was scarcely known to the rest of the
world.
Islam has a long and luminous history of practical application of the principles
summarized above. If a Muslim has ever violated these principles, the blame
goes to his individual act, and not to his religion that was the pioneer of
establishing fairness in bilateral relations. Although these principles are now
recognized theoretically by every civilized society, they are often neglected in
practice, and this is the basic cause of our global problems. Religious leaders
may play a vital role in reaffirming the principles of justice and equity in their
respective circles of influence, and we must take this opportunity to join hands
and consolidate efforts to bring harmony through practical application of the
principles.
Distinguished delegates!
Since centuries the world is craving for peace, and it was expected that, after
having learnt many lessons from our past, we would commence the twenty first
century with more understanding, tolerance, justice and mutual cooperation
for the betterment of humanity and peaceful co-existence. But contrary to all
this, we have started the new century with more violence, more bloodshed,
more hostility and much more turmoil and confusion. We are living today
in an explosive environment where nobody feels secure from unpredicted
sufferings he or she may face any time at any place. Violence on individual
and collective levels has crossed all limits, and every new day is bringing new
shocking news of new casualties, new conflicts and new brutalities.
What is much more alarming in these circumstances, in my humble view, is
that the direction of our efforts to control this situation is not in consonance
with logical and realistic approach that ought to be adopted in such situations.
Instead of cool-minded analysis of the real causes of unrest, we often base
our reaction on emotional retaliation, which in turn fuels and aggravates the
fire of hostilities and allows the devil of violence to play its bloody game in
a vicious circle with no shelter for humanity to save itself from its wicked
designs. Instead of joining hands to curb this devil we are engaged in blaming
one another on the basis of conjectures and unreal assumptions, which take us
farther and farther from common grounds and mutual cooperation.
Chapter 01
If we really wish to establish peace and bring harmony, we will have to be

realistic in our approach. We will have to review our conduct in an objective
manner. We will have to be courageous enough to admit our faults and to
correct ourselves wherever needed.
‘Terrorism’ has been taken today, and rightly so, as the biggest danger to the
peace of the world. If we analyze the terrorist activities in our recent past,
we will find that they are of two different types. The first type of terrorism
is carried out by criminals for pure criminal reasons, like looting someone’s
property or killing someone out of personal enmity etc. This type of terrorism
is not a new phenomenon; it has been experienced by humanity throughout
its history. Its cure rests with strong and stable executive authorities and a
just and independent judiciary that may punish the criminals without fear and
favor. Wherever this type of terrorism has found currency, it was due to the
incompetent or corrupt governmental system which overlooks the crimes of its
allies and indicts its opponents. A competent and honest system of government
may handle this type of terrorism without much difficulty. Problem arises only
when the system of a state is either incompetent or dishonest.
The second type of terrorism, which has become a real challenge for the world
today, is the one carried out for political reasons. It goes without saying that
targeting innocent persons for killing, causing injuries or sabotage is totally
unacceptable, even though it is pretended to be for just political reasons. The
Holy Qur’an has termed it as ‘fasad fil-‘ard’ (spreading disorder in the land),
has condemned it at many places and prescribed severe punishment for it. But
at the same time, we must give due consideration to the facts that caused these
people to resort to such activities. If the root cause of their unrest and agitation
can be removed through peaceful means and still we do not remove it, we are
equally liable for their nefarious activities. Suppose a person is peacefully
living in his own home. An influential person comes and occupies his home
forcefully, drives him out of his home, throws his belongings away, and leaves
the poor person on the road having no roof over his head. The poor person
reports the matter to the police, but the police does not take any action. He
approaches the higher authorities, but they kick him away. He goes to the
court of law, but the court does not listen to him. After lying on the road for a
long time with his small children dying of starvation and disease, the helpless
person gets frustrated, turns crazy and starts assaulting every passerby and
stoning every nook and corner. No doubt, his indiscriminate assaults are still
Chapter 01
illegal and we will still blame him for that, but the real blame goes to the
person who has usurped his rightful home, and to the executive and judicial
authorities who refused to provide him justice. If there are many people of this
kind, all of them with the same story, the real solution to the problem is not
that the executive authorities open indiscriminate fire taking a large number of
other innocent lives, with the net result of more and more innocent casualties
on both sides. The real and lasting solution to the problem is to establish a just
and equitable system in which the oppressed people may find justice before
they may go crazy. Otherwise, if you eliminate one crazy person, while the
unjust system remains intact, it will create other crazy people of the same
kind, and there will be no end to the problem. This is exactly the situation
we are facing today. It is the burning need of our time that the strategy of
fighting against terrorism is reviewed, redirected and restructured on the basis
of objective analysis of the causes of unrest.
It is my firm belief that peace cannot be established without justice - justice
with the deprived people by restoring their rights, and justice with the criminals
to punish them without fear and favor. We are neglecting justice in both these
aspects, and it is hence that we are unsafe and insecure. Let us convey a
meaningful message to the world through this august forum, the message of
peace through justice. Establish justice, and peace will follow.
1.2 The Holy Prophet ‫ﷺ‬
1.2.1 Salat and Salam on the Holy Prophet ‫ﷺ‬

Q) What is the difference between `Salat’ and `Salam’, ordained in the Holy
Qur'an Surah (33) Ahzab, Ayat (56) to send on the Holy Prophet ‫ﷺ‬. How to
offer both.
A) `Salat’ means Durood i.e. to send Rahmat (pray Allah to bless) on the
Holy Prophet ‫ﷺ‬. (This is achieved in the Namaz by reciting the `Durood-e-
Ibrahimi’).
`Salam’ means Salamati (peace) as in Salam, the Muslim greetings i.e.
Assalamu Alaikum. (this is achieved in the Namaz by reciting the Àttahiyat’).
If one wants to recite a Durood, which includes both Salat and Salam, then he
should recite in full any Darud which includes the words "Sallallahu Alaihi wa
sallam", as this covers both, Salat and Salam.
Chapter 01
1.2.2 Sending Durood on particular occasions

Q) I have asked from a'alims whether it is right to say darud after Sayyidna
Muhammad ‫ ﷺ‬name comes in a Qur'anic verse, while answering to Adhan
and ikamat, in dua and after kalama. One alim said it is not right rather bidah.
The other said that it is ok in the Qur'anic verse as well. Both alims belong to
fiqh Hanafia. So what is right.
A) While reciting the Holy Qur'an or answering to Azan, saying Durood
on hearing the name of the Holy Prophet ‫ ﷺ‬is not Wajib. Rather it is not
advisable during recitation of the Holy Qur'an or pronouncing the Azan or
Iqamat. Similarly, it is not included in the recognized words of the answer
to Azan and Iqamat. However, if after giving recognized answer, one sends
Durood to the Holy Prophet ‫ ﷺ‬without deeming it to be a Sunnah, it cannot
be termed as bid’ah.
1.2.3 Hadith - Allah fulfilling desires of the Holy Prophet ‫ﷺ‬

Q) There is a narration in Bukhari’s book that says Prophet’s ‫ ﷺ‬wife Aisha
‫ ڤ‬said to him, "Allah is quick to fulfill your desires." I can understand that
it was between a husband and wife and in a certain context. But Qur'an says
Prophet ‫ ﷺ‬did not speak from his desire and this narration says it like this.
Will it not give the impression that special permission of more marriages was -
Allah forbid - for the desires of Prophet ‫ﷺ‬.
A) The Holy Prophet ‫ ﷺ‬did never speak of his own desires, in the sense that
the percepts of Shari'ah are not invented by him on the basis of his personal
desires. He only conveys what is ordered to him. But at times Allah Almighty
prescribes what the Holy Prophet himself liked, as the Holy Qur'an says: "So
We will certainly assign to you a Qiblah that you would like." (2.144). Then,
once Allah Almighty assigned the Qiblah, the Holy Prophet ‫ ﷺ‬conveyed it as
a divine order and not as the requirement of his own desires. That is why he
did not change the Qiblah merely on the basis of his own desires, unless he
was ordered by Allah to do so.
1.2.4 Eid-e-Milaad-un-Nabi
Q) There is one issue that remains in anomaly which really leaves me
wondering that is concerning the maulid. From all that I have seen around the
Chapter 01
world, the maulid seems to be an accepted practice among Sunni Muslims.

Scholars like Jalaluddin Suyuti, Ibn Hajar Asqalani and even Ibn Taimiya
described it as a praiseworthy innovation.
From the Ottoman Turks to the pre-Salafi Arabs, the Malay Archipelago, the
Persian and Indo-Pak region, the maulid was not controversial or questionable
in any way. The Sudanese uprising against the colonial forces was fueled by
the emotion of the maulid (verhandelingen). This is why the colonial forces
tried to quell the celebration of maulid in order to subdue the masses.
So then the result is that the only people who speak against it are Salafis,
Deobandis and the Tablighi Jamaat. This is curious. If Imams like Suyuti have
permitted it, was he in error. Was Asqalani in error. The establishment of a day
to celebrate the maulid is completely regarded as bid’ah by Mufti Usmani.
A) As I explained in my article on celebration of Eid-e-Milaad-un-Nabi,
holding a meeting to discuss different aspects of the life of the Holy Prophet
‫ ﷺ‬is a very meritorious act for which the Muslims should strive to the best
of their ability, but confining this discussion, to the events of the birth of
the Holy Prophet ‫ ﷺ‬and restricting it to a particular date and holding such
meetings as necessary or obligatory for every Muslim renders this practice as
innovation.
Mostly, the meeting of Maulid today is of the same nature; therefore,
contemporary Ulama of Deoband have taken it as a Bid’ah. If without these
restrictions the life of the Holy Prophet ‫ ﷺ‬is made subject of a meeting,
nobody can hold it as a bid’ah. It is in this context that some scholars of the
past have allowed this practice.
1.2.5 Saying "Ya Rasulallah ‫"ﷺ‬

Q) The "BRALEVY" sect of Islam. My main point of objection is that
they say `YA’ before they say `RASUL-ALLAH ‫ ﷺ‬which means that they
are considering Prophet ‫ ﷺ‬to be present and listening to them. This, in my
understanding (strictly) is same as considering the Prophets ‫ ﷺ‬soul to be
present everywhere and is like committing the biggest sin of all: SHIRK.
Please also let me know about GIARHWEEN SHAREEF` that people in
Pakistan have been celebrating by cooking food on the eleventh of the Islamic
months and distributing that food.
I know that these are long issues to be answered by mail. I would be thankful
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if only a precise answer to the issue comes in and I am educated on the issues.
A). Regarding the issue of saying Ya Rasulallah ‫ ﷺ‬it should be remembered
that if these words are said with the belief that Rasulallah ‫ ﷺ‬is present
everywhere like Allah, therefore, he is being addressed with word Ya it is
totally a false belief which comes close to shirk. However, if these words
are uttered without this belief but with the intention that one is addressing
the Holy Prophet ‫ ﷺ‬in his imagination only then the use of these words is
basically permissible but since many people use these words today with
the first intention which is totally false, therefore, the more one avoids this
impression the better it is.
1.2.6 Holy Prophet ‫ & ﷺ‬his interactions with other creations/worlds
Q) The Holy Prophet ‫ ﷺ‬was sent as `rahmatul lil aalamin’, mercy for all the
worlds. What do we know of his interaction with other worlds/ creations. We
think that his 24 hours was with mankind only. What about his time with other
worlds / creations.
A) The Holy Prophet ‫ﷺ‬, spent most of his time and effort with Mankind and
Jinns, the two major creations. However, from what we know, he has addressed
the Jinns at least 14 times directly. Apart from this he guided mankind how to
treat other creations e.g. animals (before Islam man’s treatment of animal for
example was that they use to cut the tail of an alive goat and eat it), and other
creations on the earth like plants etc. So indirectly he was working for such
other creations because he was "rahmatul lil aalamin’, mercy for all creations/
worlds. Moreover, the Holy Prophet ‫ ﷺ‬was sent to bring all creations towards
and for the purpose for which they were created, meaning to bring things to its
original `fitrat’. Therefore, in the sermon of the Hajjat ul Wida, Holy Prophet
‫ ﷺ‬said that today the `fitrat’ of all the things/creation has come back to original
i.e. as he preached things have come to be treated as they were supposed to be.
1.2.7 The method of spelling the name of the Holy Prophet ‫ﷺ‬
Q) It is a common observation in correspondence and documents that people
write "Mohd" instead of writing the full name "Muhammad". Ironically, this
maltreatment is only with this name. I have never seen any person writing
any other name in a short form. Please comment on this habit in the light of
Shari'ah.
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A) It is absolutely a wrong practice. No such abbreviation should be allowed

to the blessed name of the Holy Prophet ‫ﷺ‬. Likewise, it is also noticed
that some people abbreviate the words of Salah and they write ‫ صلم‬or in an
abbreviated form. This is also incorrect. The words of Salah should be written
in full.
1.3 Various concepts in the religion
1. 3.1 Ilmul Ghaib - knowledge of the Unseen

Q) I have the following Questions:
1) What type of knowledge is meant by the term ‘Ilm-e-Ghayb’ or
‘knowledge of the Unseen’.
2) What is the difference between ‘llm-e-Ghayb’, ‘Kashf’ or ‘Ilhaam’.
3) There are verses in the Holy Qur'an that negate the knowledge of the
Unseen for everyone except Allah Ta’ala, for example verse 59 of Surah
Anàm. However, there are other verses in the Holy Qur'an, for example
the verses of Surah Jinn, Surah Takweer and Surah Al-e-Imran which
affirm the knowledge of the unseen for Allah’s chosen Messengers. Can
you kindly explain the difference between these two seemingly opposing
types of verses of the Holy Qur'an.
4) Does the Holy Prophet Muhammad ‫ ﷺ‬possess some of the knowledge
of the unseen.
A) 1,3 & 4) ‘llmul Ghaib’ which is normally translated as the ‘Knowledge
of the Unseen’ is a specific term in the Muslim theology which means the
intrinsic knowledge of everything which encompasses all. Such ‘llmul
Ghaib` is the exclusive attribute of Allah alone. No prophet or saint has
such an all-encompassing knowledge of the Unseen.
There is another type of knowledge which is termed in the Holy Qur'an
as Anba’ alghaib translated as the "news of the unseen" which is referred
to in Surah Al-Kahf. It means information given by Allah to His prophets.
This type of knowledge has been given by Allah to all the prophets sent by
Him which means that out of His all- encompassing knowledge Allah has
given some information through the divine revelation to these prophets.
In the particular case of our beloved Prophet ‫ﷺ‬, this type of knowledge
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has been given to him in abundance. Perhaps, no other prophet has

acquired this type of knowledge to the extent our beloved prophet ‫ ﷺ‬has
been given.
Keeping these two types of knowledge in view there is no contradiction
in the Holy Qur'an. The verses indicating that ‘llmul Ghaib’ cannot
be possessed by any person other than Allah refer to the first kind of
knowledge which is the exclusive attribute of Allah Ta’ala alone; but the
verses which mention that some knowledge of the unseen has been given
to the Holy Prophet ‫ ﷺ‬or to other prophets refer to the second type of
knowledge.
The net result is that all-encompassing knowledge of the Unseen is
possessed by Allah Ta’ala alone and it cannot be attributed to anyone other
than Him including the prophets. But Allah Ta’ala gave some information
to his chosen prophets out of this encompassing knowledge. By virtue of
this the prophets know things that others do not. This information relates
to both past and future and this is how the Holy Prophet ‫ ﷺ‬has narrated
the stories of the past prophets and foretold many things which were
going to happen in the future. But after receiving this information from
Allah through His revelation the prophets cannot be termed as ‘Alimul
Ghaib’, because this term is often applied to the first kind of knowledge
which is the exclusive attribute of Allah Ta’ala alone. In other words, the
information given to the prophets is partial and not all-encompassing,
therefore, they cannot be called ‘Alimul Ghaib’.
2) The term of Ilmul Gliaib has already been explained in answer to
the first question. The Kashf or Ilhaam is an inspiration experienced by
some people, other than the Prophets. This inspiration at times appears
as a vision and at times in the form of some voices but in the case of the
people other than prophets this vision or voices are always susceptible
to errors and therefore, it is the firm belief of all Muslim schools that
this type of Kashf or Ilhaam have no authoritative value nor can any
injunction be based on them. This is unlike revelation sent down to the
prophets which is certain in nature and does not have any element of
doubt or the possibility of error. Therefore, the knowledge received by
the prophets through the divine revelation is beyond any doubt and is
binding on receiving it and on all their followers.
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1.3.2 The Journey of the Soul/Rooh/Spirit

Q) We learn that the ‘Soul’ (Rooh / Spirit) of every human being who has
passed this world or will be born in the future was created some 50,000 years
ago. When we come into existence in the womb, the soul is then attached to
the body, and then the soul leaves us when we die. When does the soul join us
again. Is it in the grave and does it then remain with us or go away and join us
when we are resurrected.
A) The journey of the Rūḥ as appears from the Qur’ān and Aḥādīth is that
Allāh ‫ ﷻ‬created the spirits of humankind all at once, apparently after the
creation of Hazrat Ādam ‫عليه السالم‬. I could not find a narration stipulating how
many years ago this was.
Then Allāh ‫ ﷻ‬sends the spirit with an angel to its designated body in the
womb 120 days after conception.
At the time of death, the Rūḥ is taken away from the body, and is returned to
the body when the questioning of angels in the grave takes place.
After that, the Arwāḥ (spirits) of the believers are kept in a lofty place called
"‫ "عليين‬and those of the disbelievers are kept in a debased place called "‫;"سجين‬
though the spirits still have some sort of connection with the body till the day
of Qiyāmah. The strength of this connection varies: being very strong in the
case of Ambiyā ‫ڠ‬, and to a lesser degree in the case of Shuhadā, and to an
even lesser degree in the case of others.
Similarly, the spirits of certain classes of believers have certain privileges
in their ability to go to some places and then return to their abode in ‫عليين‬.
Similarly, the spirits of certain types of sinners and disbelievers are imprisoned
in different places as a form of punishment of Barzakh6.
1.3.3 How to keep focus on niyyah (intention) to please Allah

Q) If I begin a religious endeavour with the intention of pleasing Allah ‫ﷻ‬
, but during its course, I feel my niyyah (intention) is inclining towards "riya"
(showing off) & "hubb-e-jah" (praising self), how do I forcefully change my
intention back to Raza of Allah ‫ ﷻ‬while "niyyah" is purely a matter of the
heart.
6 See: Surāh al a’rāf: 172; Ṣaḥīḥ al Bukhārī: 3332; Mishkātul Maṣābīḥ: 121, 5003 and 1627;
Mirqātul Mafātīḥ 3: 1177; Kitābur Rūḥ: p. 115
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Our scholars suggest that we must keep revisiting our intentions to purify
them, but how to do it if the thoughts of riya / hubb-e-jah keep coming back
and please one. Should I talk to Allah ‫ ﷻ‬about the issue and make du’as.
Would that be good enough, or am I obligated to take other practical steps.
A) If the basic motive of an act is to please Allah Ta’ala, the unintentional
thoughts that come later, do not make it riya’. If such thoughts come, one
should renew the original motive, and seek refuge with Allah Ta’ala to protect
him or her from the whispers of satan.
1.3.4 How to practice Yatafakkaroon (reflection) as ordained

Q) The Holy Qur'an says, ‘Yatafakkaroon’, reflect, in several verses.
What is meant by ‘Yatafakkaroon’ for an ordinary Muslim and how does one
perform and achieve that.
A) The word "Yatafakkaron" (‫ )یتفکرون‬is an exhortation from Allah Ta'ala
‫ ﷻ‬to reflect on different objects found in the universe, such as the sun, the
moon, the earth, the sky, and other objects of Allah’s creation, like rain,
plants, animals etc. and even on our own selves. Each and every being is
the sign of the existence of the Creator, Allah ‫ﷻ‬, and His utmost eternal
power, knowledge and wisdom. There are uncountable ways to reflect on
created beings, for example, an ordinary Muslim can think over these things
that how beautifully these are created, what an amazing balance they have
in their creation, foundation, ingredients, elements, and functions, and how
they are subjugated to us and how much efficiency they have in their each
work.
When a Muslim thinks this way, it helps him/her to be a true believer and more
obedient, it reinforces the Iman and leads towards the thankfulness of Allah
Subhanahu Watala.
Similarly, when it comes to the Qur'an, an ordinary Muslim can reflect on
it through authentic Tafsīr books and can compare the precepts, incidents,
examples, and guidelines of the Qur'an to his/her own way of life.
1.3.5 Taqdeer, Fate & Destiny

Q) Everything a man will go through or do is written with Allah Ta’allah.
However, we still strive to do what we think is best. In that light how man
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has freedom of what to do and be in charge of his own will to do the right and
wrong.
We believe in doing good deeds and to do our best to follow the religion, but it
would be nice to know a bit more on the subject with an example, if possible,
and also with reference to the saying that prayers (duas) can change even the
Taqdeer.
A) The Qur’ān and Sunnah are clear on the fact that Taqdīr does not repudiate
man’s willpower to do or abstain from any action. Taqdīr actually confirms
this willpower, because it is a form of Allah’s knowledge and Power that a
person will do or abstain from something with the willpower that was granted
to him.
It is correct that Du’ā can change one type of taqdīr termed "Taqdīr Mu’allaq"
(conditioned taqdīr). For example, Allāh ta’ālā has conveyed to the Angel of
death to take the Rūḥ of a person when he is 50 years old; then this person
seeks a longer life from Allāh and Allāh ta’ālā accepts his dua; or he does
a good deed which has the reward of increasing lifespan; now his lifespan
is increased and the Angel of Death is conveyed the new decree. However,
the fact that this person’s ultimate lifespan will increase because of du’ā or a
certain good deed is already in the unchangeable eternal knowledge of Allāh
‫ ﷻ‬referred to as Taqdīr Mubram7.
Q) If our fate (taqdeer) has already been written then why will we be
questionable at the time of "Qayamat". Then why will we be accountable.
A) Taqdir does not mean that our free will has been nullified. It is part of
taqdir that we will commit such and such acts by our free will. Since the acts
are done by our choice, they are subject to reward or punishment.
Q) I am in great tension from last 6 months and gradually became a mental
patient, once reading a fatwa about taqdeer a thought has stuck in my mind
that (Allah Forbid I may die on kufr) everything is written before our creation.
Now whenever I raise my hands a whisper comes in my mind that what is the
need of dua as everything is written. Secondly whenever I say InshaAllah a
whisper comes in mind that what is the need of saying this because whatever
was written, Allah is doing that with his Qudrat. Although I say InshaAllah,
Alhamdulillah because it is order of Allah but I have a fear that if Allah will
7 See Mishkātul Maṣābīḥ with Mirqātul Mafātīḥ: 2233
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say that you did not have a belief in this InshaAllah, then what I will do. I just
want to know that is there any answer of this question that what is the relation
of pre-written things and saying InshaAllah now. I have a lot of respect and
trust on your knowledge so it’s my request that if you give me the answer, it
may save me from distraction.
A) That everything is written in taqdir does not mean that man has lost his
choice. It simply means that Allah knows what a person will do out of his
own choice. That is why we are obligated to do right things with our freewill.
Whatever we will do through our freewill is part of taqdir as Allah knows what
we will choose to do.
1.3.6 Permissible to request a living Saint for dua

Q) As I want to sincerely correct my Aqeedah I request you to kindly give
your expert opinion on a very important topic. It is mentioned in Ma’ariful
Qur'an written by your late father Hazrat Mufti Muhammad Shafi sahib that it
is ja’iz [permitted] to take the wasilah of a Prophet ‫ ﷺ‬or a Saint. The extract
from the quotation from Ma’ariful Qur'an is as follows:
Surah Al-Fatihah 1:1-7, Page 88
"In the sphere of non-physical means too, it is quite permissible for one to
seek the help of a prophet or a saint by asking him to pray to Allah in one’s
behalf; or to mention, while praying directly to Allah, the name of a prophet or
a saint by way of a medium (wasilah) for drawing divine mercy upon oneself.
Explicit Traditions (Ahadith) and implicit indications of the Holy Qur'an fully
justify this practice, and it would be wrong to condemn it as being forbidden
or to include it among the various forms of association (shirk)."
As far as the second approach to wasilah, that is, I asking Allah to accept our
duas for the sake of a Prophet ‫ ﷺ‬or an auliya-Allah is clearly understood. I
request you to clarify my doubt for the last approach that is, seeking the help
of a prophet or a saint to pray to Allah on our behalf.
In our present times there is no Prophet or any Prophet to come. And also no
clear cut signs to identify a living auliya. So does the tafsir imply that we can
take the name of a specific Prophet such as Muhammad ‫ ﷺ‬or a known Wali
like Hadhrat Abdul Qadir Jilani and ask them to pray on our behalf to Allah
from wherever we are residing or such a request has to be made at the mazaar
[graves] of these beloveds of Allah.
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A) The quoted passage does not mean or imply that one may request a saint
or prophet to pray for him whilst not being in that saint’s or prophet’s presence.
The meaning of the quoted excerpt is that it is permissible to request a living
saint – the most apparent sign of whom is that he refrains from sin and abides
by the Sunnah to pray for oneself. Similarly, one could have asked a prophet
during his physical life to pray for him. But there is a difference of opinion
with regards to requesting the Prophet ‫ ڠ‬to pray for oneself after they have
left this world. Some scholars are of the opinion that since the Prophets ‫ڠ‬
of Allah are granted a special kind of life in their blessed resting places, it
shall be permissible to request them to pray for oneself provided that one is
physically present at their graves. Other scholars are of the opinion that since
there is no proof or precedent for requesting the Prophets to pray for one after
they have left the world, this should be avoided. Thus, one should not request
them to pray for oneself after they have physically left this world even though
they have been granted a special kind of life in their blessed graves, (Adapted
from Takmilah Fathil Muihim 5/316-3 - Darul-Qalam).
(Further reading: Takmilah Fathil Mulhim 5/316-3 - Darul-Qalam)
1.3.7 Mujaddid and related Hadith
Q) I would like to learn the meaning of the words Mujaddid and Tajdeed.
1) How have these words been used in Hadith.
2) Is it true that a Mujaddid will appear at the beginning of every century
after Hijrah.
3) Can there be more than one Mujaddid in a century. If yes, then, is there
a pattern of geographical dispersion of Mujaddids, or time dispersion.
4) Can Mujaddid be identified by common Muslim, by scholars. If yes,
how.
A) The word Mujaddid has been derived from a well-known Hadith reported
by Imam Abu Dawood in his Sunan, one of the six Authentic Books of Hadith.
The text of the Hadith is as follows:
‫إن اهلل يبعث لهذه األمة عىل رأس كل مائة سنة من يجدد لها دينها‬
)4291 ‫(سنن ايب داود كتاب المالحم حديث‬
Surely, Allah will send for this Ummah at the advent of every one hundred years a
person (or persons) who will renovate its religion for it"
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One of the narrators of this Hadith is slightly doubtful about whether this
Hadith is reported by Sayyidna Abu Huraira as a Saying of the Holy Prophet
‫ ﷺ‬or as his own saying, though he affirms it as a saying of the Holy Prophet
‫ ﷺ‬to the best of his knowledge. But even if it is held to be a saying of Abu
Hurairah himself, he could not have predicted this happening with such
certainty unless he had learnt it from the Holy Prophet ‫ﷺ‬. For this reason the
scholars of Hadith have taken it as an authentic Hadith.
The act of "renovation of the religion" mentioned in this Hadith has been
referred to by the word Tajdeed. It means the restoration of the original
beliefs and practices after their being changed, distorted or forgotten. The
Hadith indicates that some circles from within the Ummah may forget the
original teachings of the Holy Qur'an and Sunnah, and some foreign elements
may creep into the original beliefs and practices. But the distorted version
of Shari'ah, based on such foreign elements will not achieve the universal
acceptance among the Muslims, and even if it succeeds in attracting a large
number of people, Allah will send a person or a number of persons who will
correct the error, restore the original beliefs and practices and explain the true
intent of Shari'ah. This act of renovation is called Tajdeed, and those who
carry out this remarkable work are named as mujaddid (renovator).
It is mentioned in the Hadith that such people normally appear at the advent
of a new century. The Arabic word used for the time of their appearance may
also admit the possibility of their appearance at the end of a century, but the
first meaning seems to be more probable in the context of the Hadith. The
word 'advent' does not necessarily mean that they appear in the very first year
of a new century. No such definite time has been given in the Hadith. They can
appear in the first or second decade of a century. The construction of the Hadith
has two possibilities with regard to the number of the renovators. There may
be only one person who undertakes the task at the beginning of a century, and
there may be more than one person whose combined efforts, may be termed
as the efforts of tajdeed. They may work in different geographical divisions
without having a formal relation between them or, possibly, without knowing
each other. Still the work carried out by them can be termed as Tajdeed.
In order to avoid some dangerous misconceptions, the following points must
always be kept in mind in relation to the term Mujaddid:
1) Mujaddid is not a formal designation like prophet or messenger. There
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is no particular authority in this world who declares him as a mujaddid.

It is only through his work that he is recognized as such. This recognition
also is not as certain as the recognition of a prophet. Therefore, opinions
may differ about his being a mujaddid.
2) A true mujaddid does not claim to be a mujaddid with certainty, nor
does he invite others to believe in him as such.
3) Even if the majority of the Muslims is of the opinion that a particular
person is a mujaddid, there is no religious obligation on the others
to believe in him as a mujaddid. In other words, the recognition of a
mujaddid is not a part of the necessary religious beliefs.
4) A mujaddid does not receive any authentic revelation from Allah like
a prophet, nor does he make any such claim. He does not bring any new
teachings regarding the religion. Rather, he tries to revive the original
teachings of the Holy Qur'an and Sunnah.
5) It is not necessary that a mujaddid knows himself to be a mujaddid,
let alone laying any claim to this effect.
6) A mujaddid is not infallible in his sayings and acts like a prophet.
His sayings and acts normally conform to the Islamic teachings, but they
are not treated like the sayings and acts of a prophet.
Keeping these points in view, one can easily understand that a mujaddid
is always identified through his work. Normally the scholars of Shari'ah
recognize him but their recognition cannot be held as certain and definite as
the recognition of a prophet. There may be difference of opinion in this matter,
and in fact, there has been difference in opinion about the identification of
mujaddids in different centuries.
In fact, the Hadith quoted above, while foretelling the appearance of mujaddids
in every century, does not intend to make it compulsory to recognize
such mujaddids. It is, rather, a consolation for the Muslims of the coming
generations that, despite all the distortions or innovations which may creep
into the Muslim society, the Ummah shall not be deprived of the pious persons
who shall never be influenced by such distortions, and shall follow the original
teachings of the Holy Qur'an and Sunnah and invite the people to this respect.
The Muslims of the coming generations are, therefore directed by this Hadith
to follow only those persons who dwell upon the original teachings of the
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Holy Qur'an and Sunnah and practices which have been derived from these
original holy resources.
1.3.8 Sufism - Tassawuf and allegiance

Q) I am writing to you in trying to help some brothers in our community clear
some misconceptions regarding Sufism and people making bayat to scholars
and learned Ulema.
One of the brothers says that it is against Islamic principles for people to make
such an allegiance to anyone other than the Prophet Muhammad ‫ ﷺ‬and the
four rightly guided Caliphs, as according to him there is no evidence from our
Aslaf of this.
Hence anyone having anything to do with this is doing a great wrong. He
further told me that he has proof of his opinion from the Islamic Fiqh. Could
you please shed some light on this matter in Light of Islamic Fiqh. Also, the
brother is dead against anyone associated with Sufism. As much as I tried to
help him understand I think I need an Aalim to give a better explanation in
light of what Islam says about this matter and practices of Aslaf in this. Your
response will be great help to many of us and anyone who does not understand
these matters.
A) Allah Ta’ala has given us many commands that relate to our physical body,
like Prayers, Fasting, Zakat, Hajj etc. Likewise there are many obligations
that relate to our inner self and soul, like patience, being thankful to Allah,
developing sincerity and so on. And many activities of our physical body are
declared sin and Haram. For example, lying, taking or giving bribes, taking
interest, drinking etc. Likewise Allah Ta’ala has declared many activities of
the heart and inner self as sin and Haram. For example, arrogance, jealousy
etc. These sins are Haram just like drinking alcohol or taking interest is Haram.
To develop the good manners and habits of heart and inner self and to save
oneself from the bad manners and habits, a Sheikh is needed. The main purpose
of a Sheikh is to reform one’s self. And the method of reform is to inform the
Sheikh about one’s thoughts, facts and conditions and act according to the
Sheikh’s instructions without any hesitation.
For this purpose a pledge of allegiance is taken but it is not necessary, the
main purpose is to reform one’s self, although it is better to take a pledge of
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allegiance. The pledge of allegiance is of four types, which include pledge on

Islam, pledge on Jihad, pledge on leadership and pledge from reform of one's
self. The Holy Prophet ‫ ﷺ‬on different occasions took all these four types of
pledges from the Sahabah ‫ﭫ‬, although the customary allegiance among the
Aslaf is the pledge of reform of one’s self. And the reality of this is to take
an oath on the hand of someone who is a follower of Shari'ah and is trained
by someone who was also a follower of Shari'ah and Sunnah and had got
permission from him to train other people, that I will try my best to gain the
pleasure of Allah Ta’ala to leave evil manners and evil habits and gain good
habits and good manners and will act on any advice of my Sheikh to correct
myself according to Islam so that the relationship with Allah Ta’ala becomes
deeper and everlasting.
Tassawuf and allegiance in the sense stated above, and not in its distorted
form as practiced by some so-called sufis who do not abide by the dictates of
Shari'ah, is proved from the Qur'an and Sunnah, therefore, to deny it is to be
misguided.
The following books will be helpful to know the reality of Tassawuf and
allegiance.
1) Reality of Tassawuf and Piety. By Maulana Ashraf All Thanavi $
2) Shariat and Tariqat. By Maulana Ashraf Ali Thanavi $
3) Discources on Islam. By Mufti Muhammad Taqi Usmani.
4) Reality of Tassawuf. By Mufti Mahmood Ashraf $
1.3.9 The meaning of shaheed
Q) The word ‘Shaheed’ has been frequently used in the books, newspapers
and magazines for different type of people. I am sure that this word should
have a specific connotation in the Islamic terminology. I will be grateful if
you could please explain the true meaning of this word and the categories of
persons for whom this term may be applied in Shari’ah.
A) In fact ‘Shaheed’, is a specific term, used in the Holy Qur'an and Sunnah.
It has certainly a specific meaning and one should be careful before applying
this term to a person and you should ascertain whether he is really qualified to
be called a Shaheed.
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According to Islamic jurisprudence ‘Shaheed’ is of two kinds:

1) Shaheed in the real sense.
2) Shaheed in the constructive sense.
Shaheed in the real sense is a Muslim who has been killed during ‘Jihad’ or
has been killed by any person unjustly. Such a person has two characteristics
different from common people who die on their bed.
Firstly, he should be buried without giving him ritual bath. However, the prayer
of Janazah shall be offered on him and he will be buried in the clothes he was
wearing. However, his additional clothes like coats etc. will be removed from
him, and the cloths required for a masnoon kafan will be added..
Secondly, he will deserve a great reward in the Hereafter and it is hoped that
Allah Almighty shall forgive his sins and admit him to the Jannah. It is also
stated in some of the traditions that the body of such a person remains in the
grave protected from contamination or dissolution.
As compared to this kind of ‘Shaheed’, a Shaheed in a constructive sense is
a person who has been promised by the Holy Prophet ‫ ﷺ‬to get a reward of
Shaheed in the Hereafter but is not taken as Shaheed with regard to the rules
of burial. It means that his dead body has to be bathed like a dead body of any
other person. The Holy Prophet ‫ ﷺ‬has included in this kind of Shaheed a large
number of persons such as a person who has died in Plague or who has died in
an unexpected accident, like fire or traffic accident or has been drowned in the
water or a woman who dies during the delivery of her child etc.
AIIama Jalaluddin al Suyuti, a well-known scholar of Islamic disciplines, has
collected all the Hadiths relating to this kind of Shaheed and has come to
the conclusion that there are thirty categories mentioned by the Holy Prophet
‫ ﷺ‬who can deserve to be called Shaheed in this sense. But in the normal
course, the word ‘Shaheed’ is applied only for the first kind. However, it is not
prohibited to use the word for a person who falls in any one of the categories
mentioned in the second kind.
It is evident from the above discussion that the word ‘Shaheed’ can only be
used for a Muslim and it cannot be applied to a non-Muslim at all. Similarly, the
term cannot be used for a person who has been rightly killed as a punishment
for his own offence.
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1.3.10 On Jihad and Shahadah

Q) We hear a lot of talk about Jihad these days, like the Afghanistan Jihad
and the Kashmir Jihad. Then, we have the proliferation of shaheeds in our
society with political parties and activist groups claiming shahadah for those
dead from among their ranks. All this is very confusing. We seem to have
lost the yardstick which could help us distinguish between Jihad or bilateral
hostility, shahadah or natural or crime orientated death and straight self
ruination. Please help us with your advice.
A) The first subject requires a larger frame of discussion where we have to
determine what becomes Jihad, and when, and what conditions are binding
therein. It is difficult to cover all these aspects within the scope of this
discussion. The best course is to isolate the inquiry to a particular case of
Jihad and try to find out whether or not it is Jihad. As for Shahadah, the rule is
that one who lays down his life fighting in the way of Allah is Shaheed. Then,
anyone killed ‘zulman’ or unjustly is a shaheed. But, here are two Muslims
fighting each other for no reason whatsoever or for the wrong reason, while
one of them kills the other, that is, for no reason, then as the Hadith states, the
killer deserves Hell and so does the killed. Both must go to Hell because the
one killed, had he managed to let his hands on the killer, he would have been
the one to have killed his killer.8
1.3.11 Entry of non-Muslims in Makkah and Madinah

Q) Non-Muslims are not allowed to enter the city limits of Makkah
Mukarramah and Madinah Munawwarah. The entry of non-Muslims in
the Haram limits of Makkah was banned in 9th Hijrah by a Qur'anic order
contained in the Surah al-Bara’ah, verse 27.
Did this order apply to the Haram of Makkah only or also to the Haram of
Madinah. The Qur'an does not say so.
Imam Malik and Umar b. Abdul-Aziz etc. interpreted the verse to apply to all
the masjids.
There is one Hadith in which the Arabian Peninsula has been banned for non-
Muslims, but the Haram of Madinah remained open to non-Muslims during the
8 In other words the deceased, if given the opportunity, would have sought to kill his killer.
(EDITOR)
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lifetime of Rasoolullah ‫ ﷺ‬and also after him Madinah was the capital of the
Islamic state and the ambassadors and the foreign delegations used to visit the city.
Upto what time the city of Madinah remained open for non-Muslims and since
what time it was banned for them and on what authority. Does the verse of
Surah al-Bara’ah include the city of Madinah.
A) There are three different injunctions in relation to the entry of non-
Muslims into Arabia which should be understood separately, and should not
be confused with each other:
The first injunction is found in the well-known Hadith:
Expel the mushriks from the Arabian Peninsula (Bukhari)
All the Muslim jurists are unanimous on the point that this Hadith has banned
the permanent citizenship of the Arabian Peninsula for the mushriks but has
not prohibited their entry on their temporary visit to the peninsula. They may
enter the peninsula and stay there for some time but they cannot live there as its
permanent citizens. In other words, the Arabian Peninsula has been declared
as a homeland for Muslims exclusively.
So, if the foreign visitors or envoys or delegations have been allowed to enter
the peninsula, it was, by no means, a contravention of the instruction of the
Hadith quoted above.
The second injunction relates to the entry of the non-Mulsims into the precincts
of the Haram of Makkah. This injunction is based on Qur'anic verse contained
in the Surah al-Bara’ah:
‌
The Associators are impure. So they must not come near Almasjid al-Haram (the
Holy Mosque of Makkah) after this year (9:28)
But the Muslim jurists are not unanimous in the interpretation of this verse.
Their different views are as follows:
1) According to the view of Imam Ahmad b. Hanbal and Imam Shafi'i
this verse has banned the entry of the non-Mulsims not only to the Holy
Mosque, but also to the whole precincts of Haram including the city of
Makkah.
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2) Imam Malik extends this prohibition to all the masjids of the world.
He says that the prohibition is based on the impurity of the non-Muslims
and every masjid in every part of the world deserves to be immune from
such impurity.
3) Imam Abu Hanifah interprets the verse in a quite different way. He
says that it is not the entry of the non-Muslims that has been banned by
this verse, but the context of the verse suggests that the non-Muslims have
been forbidden from performing Hajj and Umrah. Before the revelation
of this verse, the pagans of Arabia used to perform Hajj and Umrah. Even
in the 9th year after Hijrah, when Abu Bakr ‫ ﭬ‬was made the leader of
the Hajj a large number of the pagans of Arabia performed Hajj with him.
On this occasion the Surah of Bara’ah was revealed and their Hajj and
Umrah was totally banned with effect from the next year. The Holy
Prophet ‫ ﷺ‬sent Sayyidna Ali ‫ ﭬ‬to announce this prohibition in the
plain of Arafat where he conveyed the injunctions of the Surah al-Bara’ah
to all present in that Hajj. On that occasion he did not announce that the
non-Muslims cannot enter the Holy Mosque after this year. Instead, he
announced:
No Associator shall perform Hajj after this year.
Keeping in view the context of the verse of Surah-al-Bara’ah and this historical
background, Imam Abu Hanifah has not taken the verse as a prohibition
against the entry of non-Muslims into the limits of Haram or into the Holy
Mosque, but has confined the prohibition to the performance of Hajj or Umrah
only. It means that non-Muslims can enter the Haram for a purpose other than
performing Hajj or Umrah.
The third issue is about the entry of non-Muslims into the Haram of Madinah.
Those who prohibit their entry base the prohibition on a well-known Hadith
in which the Holy Prophet ‫ ﷺ‬has declared a particular area around Madinah
Munawwarah as Haram.9
Therefore, they apply to it the same rules as prescribed in the Haram of
Makkah, including the ban on entry of non-Muslims. Imam Abu Hanifah is of
the same view here as in Makkah, that mere entry of non-Muslims in Madinah
is not prohibited.
9 Ṣaḥīḥ al Bukhārī, ḥadīth 6755; Ṣaḥīḥ Muslim, ḥadīth 1370
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1.3.12 Places of worship for non-Muslims

Q) If I may, I had several Islamic theology questions about Islamic theology.
1) For People of the Book, meaning those who belong to Judaism or
Christianity, does Islamic law give them a firm, unchanging right to
practice the basics of their religion and have houses of worship, while
not being allowed to seek to convert Muslims, or does the right to have
practice of their religion and houses of worship simply an optional right
that an Islamic government can give them but also choose not to give
them.
2) For those who are not people of the book, meaning those who believe
in religions like Hinduism, Buddhism, Jainism, Zoroastrianism, does
Islamic law give an Islamic government the option to give these people
the right to practice their religions with houses of worship in an Islamic
country, or does Islamic law completely forbid an Islamic government
from giving them this right at all.
3) For Muslims who are not Sunnis, such as Shia, Ibadi, Ahmadiyya,
what does Sunni Islamic law say for a Sunni Islamic government. Is it
required to give these other Muslim groups houses of worship, required
to not give them houses of worship, or the government is given the option
to choose whether to give or not to give them houses of worship.
4) What is the Islamic legal definition of caliphate and can there be
such a thing as a valid, authentic Sunni Islamic government that is not
considered a caliphate.
5) Lastly, what is authentic Islamic teaching about having slaves, and is
there such a thing as having a sex slave.
A) 1) The non-Muslims living in an Islamic state, who agree to remain
peaceful and law-abiding citizens, are termed in Islamic law as "Ahluz-
zimmah." An Islamic state is duty bound to give them right to practice
their religion peacefully. As for their places of worship that they had before
the establishment of the Islamic state, the Islamic State is duty-bound to
abide by the pact it had with non-Muslims at the time of its establishment
in this regard, but if there is no such pact with them, the law does not
obligate them to keep them intact, but the consistent practice of Islamic
states throughout the history has been to protect them, as the famous
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Caliph Umar b. Abdulaziz ‫ ﭬ‬has issued a directive to his governors not

to demolish any church, synagogue or the place of fire-worshippers. Ibn-
Qudamah, the famous jurists after citing this directive has declared that it
has acquired the status of ‘Ijma’ (Consensus of Muslim jurists to let them
keep their worship places intact). (Al-Mughni, v.10, p.610)
As for building new places of worship, Muslim jurists are unanimous on
that if there has been a pact with non-Muslims to allow them building
new houses of worship, the Islamic state is obligated to allow them. If
there is no such pact, they can build such houses in their rural areas. But
the jurists have different opinions about the cities populated by Muslims.
Some jurists are of the opinion that they cannot build new places in such
cities, (Badai'us-Sanai', 7:114) But Maliki school allows them to do that,
but at the discretion of the government according to expedience of the
society. (Al-Khurashi, 3:148). Practically, this view has prevailed in most
of the Muslim countries.
2) The rulings given in para 1 above are general for all non-Muslims,
including those who are not among the People of the Book, as the
directive of Caliph Umar b. Abdulaziz ‫ ﭬ‬is not restricted to the People
of the Book, but includes fire-worshippers.
3) Those who are not Sunnis may be of two kinds: Those who claim to
be Muslims, but are out of the pale of Islam according to all recognized
schools, like the followers of Mirza Ghulam Ahmad Qadiyani, who call
themselves Ahmadis, they are not Muslims according to all the recognized
schools including Shi'a school. Therefore, they will not be allowed to
establish their places of worship in the name of masjids. The second kind
comprises those schools that, as a whole, are not declared non-Muslims.
They may have their own masjids.
4) Caliphate is a term applied to a true Islamic government that believes
and declares that absolute sovereignty belongs to Allah alone, and the
state is duty bound to run all its affairs within the limits prescribed by
the Holy Qur'an and Sunnah of the Holy Prophet ‫ﷺ‬. Although this is
the correct term for an Islamic state, but the important thing is not the
nomenclature. If a state is established on the principle mentioned above,
but does not name itself "caliphate" it will also be a valid Islamic state.
5) When there was no international pact about the prisoners of war,
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the Islamic state had an option to enslave them like other nations did,
subject to the comprehensive reforms introduced by Islam in the system
of slavery. In those days a master of a slave girl might have sex with her
on condition that she is either Muslim or from the People of the Book.
But at the same time Islam has many teachings encouraging, and in some
cases obligating, to free the slaves. In our days there is an international
treaty about the Prisoners of war, which is according to the spirit of Islam
regarding slavery, an Islamic state is bound by it. Therefore, there is no
room for slavery anymore.
Before parting with my answer to your query, I cannot help myself expressing
a sincere wish for you, and I hope you will not mind. I appreciate that you
have studied Islam, as it is evident from your questions. Therefore, it is my
wish from the depth of my heart to invite you to Islam. The only requirement
for that is to believe:
i. In oneness of Allah
ii. In Muhammad ‫ ﷺ‬as His last messenger.
iii. In the Life Hereafter as a day of Requital.
Please think about that and pray to Almighty that He may show us all the right
path.
Follow up answer:
I can understand that you are asking me to give strong consideration to Islam. I
will try to include some more about this the next time I send in some questions.
I can tell you, as of now, that I have been studying the Arabic language, and
have taken some classes at a local Islamic college that is near to my home in
my part of USA.
1.3.13 Existence before we came into being

Q) I will appreciate if you can give me some information or references in the
Holy Qur'an regarding our existence before we came into being as physical
beings. Did we exist before in any shape or form and what were we doing
wherever we were. I will be very grateful to you, if you can give me some
good references regarding this matter.
A) The Holy Prophet ‫ ﷺ‬has directed us not to indulge in a query which is
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not beneficial for us neither in this world nor in the Hereafter. Your request in
my opinion falls in this category. Therefore, I regret my inability to answer.
1.3.14 Adoption of a Child in Islam
Q) Kindly let us know the Islamic viewpoint about the Adoption of a Child.
Some people from other religions say that adoption is totally prohibited in
Islam. Kindly throw some light on this matter.
A) With reference to your question about the status of adoption of a child in
Islam, I wish to reply that adoption of a child is not prohibited in Islam, rather
it carries a reward in hereafter if a child is adopted for sponsoring him/her.
However, the Holy Qur'an has clarified that an adopted son/daughter does not
have the status of a real son/daughter in all respect. The adopted child may be
treated as one’s own child in all other matters but there are three areas in which
Islam has not given it the status of a real child:
1) He/she must be attributed to his/her real father instead of the one
who has adopted him/her.
2) The adopted son/daughter cannot inherit the one who has adopted
him/her. The one who has adopted can give whatever wealth he wishes to
his adopted child during his lifetime and can also write a will in his/her
favour up to 1/3rd of his total value of his wealth.
3) The adopted child cannot be treated as a real child in the matter of
Hijab.
Apart from these distinguishing features the adopted child may be treated like
one’s own son/daughter.
Q) In the secular legal system, adoption of a child by couples is lawful as
we all know. Please elucidate the position of Shari'ah in this regard. How far
such an adoption is permissible in Islam, and if so, what are the rights and
obligations of the parties involved in such a situation.
A) Adoption of a child has no legal effect in Shari'ah. One can adopt a child
for his emotional and psychological satisfaction. He can treat him as his own
son in the matters of love, affection and general behavior. Adoption of a child
to provide shelter to him is a virtuous deed which carries much reward in
the Hereafter. But so far as the legal aspects are concerned, adoption has no
consequence. The child should not be attributed except to the natural father,
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and not to the one who has adopted him. Even in the matter of hijab, adoption
has no effect whatsoever. If a male child is adopted by a woman, she will
observe hijab from him after he reaches the age of puberty, unless she is related
to him in a prohibited degree. An adopted child can marry a daughter of his
adoptive parents, because she is not his real sister. In short, adoption does not
create a new legal relationship which did not exist before.
All these rules are inferred from the principle laid down by the Holy Qur'an
in this respect. The people in jahiliyyah used to treat an adopted child as the
real one in all respects. The Holy Qur'an condemned this practice and the
following verses were revealed:
And Allah did not make your adopted children your sons. That is only your words
coming out from your tongues. And Allah says the truth and He guides you to the
right path. Call them with reference to their (real) fathers. It is more just in the
sight of Allah. (33:4-5)
However, it should be remembered that although an adopted child cannot

inherit from his adoptive father, but it is permissible, rather advisable, for him
that he, in his lifetime, makes a will in favour of his adopted child. Through
such a will he can bequeath upto one third of his property to his adopted child
who cannot otherwise share his inheritance.10
1.3.15 Adoption of a child and ways to overcome Mehram issue

Q) I have an Arab friend of mine who has no children of his own and is
looking to adopt, but he wishes to know what is the Islamic ruling regarding
the following positions regarding adoption:
1) What are the implications of the children and the adopted parents not
being Mahram - can this be overcome by point 2.
2) Can his sister suckle the children and therefore he becomes the
‘uncle’ - is this possible, or does the relationship exist only between his
sister and the child and no other person.
3) What would happen subject to the above issues if he was to adopt
10 Such a bequest to a non-heir is known as WASIYAH and must not exceed one-third of the estate
after payment of debts.
Chapter 01
children from different family backgrounds with regards to the Mahram

position between the children when they grow up, assuming boy and girl
obviously.
4) Can any greater purpose clause be exercised, similar to say the Public
Good, if there is a threat the children may go to non-Muslim families.
A) 1&2) Adoption of a child is permissible but according to the Holy
Qur'an it does not create a real Mahram relationship between the child
and the adopter. If the sister of the adopter suckles the adopted child the
adopter will become an uncle of the child by foster relation but his wife
will still remain Ghair Mahram. Therefore, the best way is that the sister
of the adopter’s wife suckles the child in which case she will become a
foster aunt of the child and can be treated as Mahram.
3) As mentioned in answer to your question no.1 if the children of
different families are adopted they will not be Mahram to each other
unless they have a blood or foster relationship between them.
4) This question is not clear.
1.3.16 Difference between Fardh and Wajib

Q) What is the difference in the definition of the terms of Fardh and Wajib.
A) In practical terms, there is no material difference between Fardh and Wajib.
Both are mandatory, and missing any one of them deliberately constitutes a
very serious sin. However, the difference lies in the fact that if somebody
denies a Fardh like five times prayers, he becomes ‘Kafir’ while the denial
of the Wajib act does not render the denier a ‘Kafir’. For example, the Witr
prayer is Wajib. If somebody denies its mandatory nature, it will be a great sin
but he will not be declared as ‘Kafir’.
1.3.17 The traditional Madrasas

Q) I would like to learn about the traditional system of Muslims as it began,
and as it exists today, in our sub-continent as well as other areas of the world.
1) What levels of education are denoted by words like maktab, madrassa,
jamiah, dar-ul uloom etc.
2) What language (s) is/are used as medium of instruction.
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3) What syllabi are being used. Is there a standard syllabus or a standard

set of subjects used all over the Muslim world.
4) Are students exposed to subjects like history, geography, mathematics,
literature, economics, etc. at any stage.
5) What degrees are conferred on students who complete various levels
of education.
6) What is the significance and meaning of the following words:
Farigh ul-tehseel, aalim, mufti, maulana, maulvi, sheikh ul-hadith.
A) 1) The word ‘Maktab’ is generally used for a small institute of religious
education in which the children learn the recitation of the Holy Qur'an
(which is called the nazirah education), or they memorize the text of
the Holy Qur'an by heart. At the same time, some elementary Islamic
principles are also taught in such institutes.
The word ‘Madrasah’ is a wider term. In early history, the word was used
for an institute of higher education. This institution was generally used
for all the levels of education known in the contemporary terminology
as secondary, higher secondary and graduation. In some cases, even
the specialized courses were also held in the same madrasah. Thus the
term sometimes was applied for an institute of secondary level only, and
sometimes for higher secondary and graduation levels also.
As for Darul-Uloom, it was originally a proper noun for a madrasah
giving education at all levels, like a university. But later, it was used for
every madrasah of a higher level.
‘Jami’ah’ is a modern term which is not found in our early history.
Actually, this is an Arabic translation of the English word ‘University’.
When the word ‘madrasah’ has been adopted as a substitute for the
English word ‘school’ which is generally restricted in modern usage for
an institute of secondary education only, some people in the traditional
madrasahs started using the word ‘jami’ah’ for their educational institutes
in order to avoid the impression that their institute is of secondary level
only. However, a large number of traditional religious institutes continue
to use the traditional word ‘madrasah’.
2) The prescribed books studied in our traditional ‘madrasahs’ are
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mostly in Arabic. Some preliminary books, however, are in Urdu or

Persian also. But the teacher always delivers his lecture in the local
language. In some ‘madrasahs’ the Arabic language has been adopted as
a medium of instruction for the lectures of the teachers also.
3-4) The exact syllabus of the traditional ‘madrasahs’ differs from country
to country, but the subjects of study are, by and large, the same. Their
main emphasis is on the subjects of Tafsir (Exegesis of the Holy Qur'an),
the science of Hadith, the Fiqh or Islamic jurisprudence and theology.
Since these institutes are meant for those special fields of study, their
main objective is to specialize the students included in the curriculum to
the extent of their necessity for the intensive study of the main subjects.
For example, the extensive knowledge of Arabic language, literature and
criticism is a pre-requisite for a competent study of the Holy Qur'an and
Sunnah. Therefore, all the relevant Arabic subjects are a necessary part
of the curriculum. Similarly, a brief introduction of logic and philosophy
is also necessary for a better understanding of Islamic theology and for
the study of comparative theology. So, these subjects are also included in
the curriculum. Mathematics, Geography and History are also taught to
some extent. Economics, as a separate discipline is not a subject of study
in these ‘madrasahs’. But various economic problems are dealt with in
other branches of knowledge.
5) The titles of the degrees conferred to the students at different levels
vary from country to country. The standard name of the final degree
conferred by a full-fledged madrasah in our country is Shahadah-al-
’alimiyyh’ which is now recognised officially as an equivalent to the
M.A. in Islamic Studies.
6) Farigh-ul-tahseel means a person who has obtained the final degree
from a traditional ‘madrasah’. The words Alim and Fadil are also used for
the same person. The word Mufti means a person who after obtaining the
final degree of alim, has specialized himself in the Islamic jurisprudence
and is thus competent to give Fatwa (explaining a Shari’ah ruling in a
particular situation).
The word Molvi was a synonym to Alim in the past. Moulana is neither a
degree nor a designation. It is a word of honour normally used to respect
an Alim. Literally it means "Our master".
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"Shaikul-Hadith" is a person who is appointed as a senior-most professor

of the science of Hadith in a madrasah.
1.4 Taqleed - Following an Imam
1.4.1 What is meant by the term ‘Taqleed’

Q) There are some people who say that Taqleed, following the Madhhab of
one imam is Haram (prohibited) in Shari'ah. They insist that only the Qur'an
and Sunnah should be followed by a true Muslim, and it is tantamount to
shirk that some human being is being followed in the matters of Shari'ah.
They also claim that all the madhahib formed as Hanafi, Shafi’i, Maliki and
Hanbali schools are created two hundred years after the Holy Prophet ‫ ﷺ‬and
they are bidah (an invention not warranted by the Qur'an and Sunnah). They
also maintain that a Muslim should seek guidance directly from the Qur'an
and Sunnah, and no intervention of any Imam is needed for the knowledge of
Shari'ah. Please explain how far this view is correct.
A) This view is based on certain misconceptions arising out of superfluous
treatment of the complex issues involved. The full clarification of these
misconceptions requires a detailed article. However, I would try to explain the
basic points as briefly as possible.
It is true that "obedience", in its true sense, belongs to Allah Almighty alone.
He is the only One who deserves our obedience, and we are not supposed to
obey anyone other than Him. This is the logical requirement of the doctrine
of ‘Tawhid" (belief in the Oneness of Allah). Even the obedience of the Holy
Prophet ‫ ﷺ‬has been prescribed for us only because he is the Messenger of Allah
who conveys to us the divine commandments. Otherwise he has no divine status
deserving our obedience per se. We are ordered to obey and follow him only
because Allah’s pleasure has been epitomised in his sayings and acts.
We are, therefore, required to follow the Holy Qur'an, being the direct
commandment of Allah, and the Sunnah of the Holy Prophet ‫ ﷺ‬being an
indirect form of the divine commandments.
But the point is that the interpretation of the Qur'an and Sunnah is not an easy
job. It requires an intensive and extensive study of both the sacred sources of
Shari'ah, which cannot be undertaken by every layman. If it is made obligatory
on each and every Muslim to consult the Holy Qur'an and the Sunnah in each
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and every problem arising before him, it will burden him with a responsibility
which is almost impossible for him to discharge, because the inference of the
rules of Shari'ah from the Qur'an and Sunnah requires a thorough knowledge
of the Arabic language and all the relevant material which a layman is not
supposed to have. The only solution to this problem is that a group of persons
should equip themselves with the required knowledge of Shari'ah, and the
others should ask them about the injunctions of Shari'ah in their day-to-day
affairs. This is exactly what the Holy Qur'an has ordained for the Muslims in
the following words:
So, a section from each group of them should go forth, so that they may acquire
the knowledge and perception in the matters of religion, and so that they may
warn their people when they return to them that they may be watchful. (9:122)
This verse of the Holy Qur'an indicates in clear terms that a group of Muslims
should devote itself for acquiring the knowledge of Shari'ah, and all others
should consult them in the matters of Shari'ah.
Now, if a person asks an authentic ‘Alim’ (knowledgeable person) about the
Shari'ah ruling in a specific matter, and acts upon his advice, can a reasonable
person accuse him of committing shirk on the ground that he has followed
the advice of a human being instead of Qur'an and Sunnah. Certainly not.
The reason is obvious. He has not abandoned the obedience of Allah and
His Messenger; rather, he wants nothing but to obey them. However, being
ignorant of their commands, he has consulted an Alim in order to know what
he is required by Allah to do. He has not taken that Alim as the subject of his
obedience, but he has taken him as an interpreter of the divine commandments.
Nobody can blame him for committing shirk.
This is exactly what the term taqleed means. A person who has no ability to
understand the Holy Qur'an and Sunnah consults a Muslim jurist, often termed
as imam, and acts according to his interpretation of Shari'ah. He never deems
him worthy of obedience per se, but he seeks his guidance for knowing the
requirements of Shari'ah, because he has no direct access to the Holy Qur'an
and Sunnah or does not have adequate knowledge for inferring the rules of
Shari'ah. This behavior is called taqleed of that jurist or imam. How can it be
said that taqleed is tantamount to shirk.
Chapter 01
The qualified Muslim jurists or imams have devoted their lives for the study of
the Holy Qur'an and Sunnah and have collected the rules of Shari'ah according
to their respective interpretation of Shari'ah, in an almost codified form. This
collection of the Shari'ah rules according to the interpretation of a particular
jurist is called the ‘Madhhab’ of that jurist. Thus the Madhhab of an imam
is not something parallel to Shari'ah, or something alien to it; in fact it is
a particular interpretation of Shari'ah and a collection of the major Shari'ah
rules inferred from the Holy Qur'an and Sunnah by some authentic jurists and
arranged subject wise for the convenience of the followers of the Shari'ah. So,
the one who follows a particular Madhhab actually follows the Holy Qur'an
and Sunnah according to the interpretation of a particular authentic jurist
whom he believes to be the most trustworthy and the most knowledgeable in
matters of Shari'ah.
As for the difference of the madhahib, it has emerged through the different
possible interpretations of the rules mentioned in or inferred from the Holy
Qur'an and Sunnah.
In order to understand this point properly, it will be pertinent to note that the
rules mentioned in the Holy Qur'an and Sunnah are of two different types.
Some rules are mentioned in these holy sources in such clear and unambiguous
expressions that they permit only one interpretation, and no other interpretation
is possible thereof, such as the obligation of Salah, Zakat, Fasting and Hajj, the
prohibition of pork, wine, etc. With regard to this set of rules, no difference of
opinion has ever taken place. All the schools of jurists are unanimous on their
interpretation, hence there is no room for ijtihad or taqleed in these matters,
and because every layman can easily understand them from the Holy Qur'an
and Sunnah, no intervention of a jurist or imam is called for. But there are
some rules of Shari'ah derived from the Holy Qur'an and Sunnah where either
of the following different situations may arise:
1) The expression used in the Holy Sources may permit more than one
interpretation.
For example, while mentioning the period of ‘iddah (waiting period) for
the divorced women, the Holy Qur'an has used the following expression:
ٍۢ
And the divorced women shall wait for three periods of Qur. (2:228)
Chapter 01
The word ‘Qur’ used in this verse has two meanings lexically. It covers
both the period of menstruation and the period of purity (i.e. the tuhr).
Both meanings are possible in the verse and each of them has different
legal consequences. The question that requires juristic effort is which of
the two meanings are intended here. While answering this question, the
juristic opinions may naturally differ, and have actually differed. Imam
Shafi'i interprets the word ‘Qur’ as the period of tuhr (purity) while Imam
Abu Hanifah interprets it as ‘the period of menstruation.’ Both of them
have a number of arguments in support of their respective views, and
no one interpretation can be rejected outright. It is in this way that the
differences among certain madhahib have emerged.
2) Sometimes there appears some sort of contradiction between two
traditions of the Holy Prophet ‫ ﷺ‬and a jurist has to reconcile them or
prefer one of them over the other. In this case also, the viewpoints of the
jurists may differ from each other.
For example, there are two sets of traditions found in the books of Hadith
attributing different behaviors to the Holy Prophet ‫ ﷺ‬while going for
ruku in prayer. The first set of Ahadith mentions that he used to raise his
hands before bowing down for ruku while the other traditions mention
that he did not raise his hands except in the beginning of the Salah.
The Muslim jurists, while accepting that both methods are correct, have
expressed different views about the question which of the two methods is more
advisable. This is another cause of difference between various madhahib.
3) There are many problems or issues which have not been mentioned
in the Holy Qur'an and Sunnah in specific or express terms. The solution
to such problems is sought either through analogy or through some
expressions found in the Holy Sources which have an indirect bearing on
the subject. Here again the jurists may have different approaches while
they infer the required solution from the Holy Qur'an and Sunnah.
Such are the basic causes of difference between the madhahib. This
difference is in no way a defect in Shari'ah; rather, it is a source of
dynamism and flexibility.11
A Muslim jurist who has all the necessary qualifications for ijtihad is
supposed, in the aforesaid situation, to exert the best of his efforts to
11 Which enables the Shari›ah to be applied to changing situations and need.(EDITOR)
Chapter 01
discover the actual intention of the Holy Qur'an and Sunnah. If he does
this to the best of his ability and with all his sincerity, his obligation
towards Allah is discharged, and nobody can blame him for violating the
Shari'ah, even though his view seems to be weaker when compared to the
other ones.
This is a natural and logical phenomenon certain to be found in every legal
system. The enacted laws in every legal framework do not contain each
and every minute detail of the possible situations. The expressions used
in a statute are often open to more than one interpretation, and different
courts of law, while applying such provisions to the practical situations,
often disagree in the matter of their interpretation. One court explains the
law in a particular way while the other court takes it in a quite different
sense. Nobody ever blames anyone of them for the violation of the law.
Not only this, if the former court is a High Court, all the lower courts and
all the people living within the jurisdiction of that High Court are bound
to follow the interpretation laid down by it even though their personal
opinion does not conform to the approach of the superior court. In this
case, if they follow the decision of the superior Court nobody can say that
they are not following the law, or that they are holding the Court as the
Sovereign authority instead of the real legislator, because, in fact, they
are following the decision of the Court only as a trustworthy interpreter
of law, and not as a legislator.
Exactly in the same way, the Madhhab of a Muslim jurist is nothing but
a credible interpretation of the Shari'ah. Another competent jurist may
disagree with this interpretation, but he can never accuse him of the
violation of Shari'ah, nor can anyone blame the followers of that particular
Madhhab for following something other than Shari'ah, or for committing
shirk by following the imam of that Madhhab instead of obeying Allah
and His Messenger, because, they are following the Madhhab as a credible
interpretation of Shari'ah, and not as a lawmaking authority.
The next question which may arise here is what a layman should do with
regard to these different madhahib, and which one of them should be
followed. Answer to this question is very simple. All of these madhahib
being sincere and competent efforts to discover the true intention of
Shari'ah, all of them are equally true, and a layman should follow the
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Madhhab of anyone of the recognized imams whom he believes to be

more knowledgeable and more pious. Although the Muslim jurists who
have undertaken the exercise of ijtihad are many in number, yet the
madhahib of the four jurists are more comprehensive well-arranged
and well-preserved even today, and the Muslim Ummah as a whole has
taken them as the most reliable interpretations of Shari'ah. These four
madhahib are called Hanfi, Shafi’i, Maliki and Hanbali schools. All the
rest of the madhahib are either not comprehensive in the sense that they
do not contain all aspects of Shari'ah or they have not been preserved in
a reliable form. That is why the majority of the Muslim Ummah belongs
to either of these four madhahib, and if a layman adopts anyone of these
schools in the matter of interpretation of the Shari'ah, his obligation of
following the Shari'ah is discharged.
This is the true picture of the term ‘taqleed’ with reference to the recognized
juristic madhahib. I hope this explanation will be able to satisfy your question
and will be sufficient to establish that taqleed has nothing to do with shirk. It
is, in fact a simple and easy way to follow the Shari'ah.
1.4.2 Following one particular Imam in every aspect
Q) It is generally believed by the Sunni Muslims that each one of the
Mudhahib of Hanafi, Shafi’i, Maliki and Hanbali, being one of the possible
interpretations of Shari’ah, is right and none of them can be held as something
against the Shari’ah. But at the same time we see that the followers of Hanafi
School never depart from the Hanafi view and never adopt the Shafi'i or
Maliki view in any juristic matter. Rather, they deem it impermissible to
follow another jurist’s view in a particular issue. How can this behavior be
reconciled with the belief that all the four madhahib are right. If all of them are
right, there should be no harm if the Hanafi Muslims follow Shafi'i or Maliki
or Hanbali views in some particular matter.
A) It is true that all the four madhahib are right, and following anyone of
them is permissible in order to follow the Shari’ah. However, a layman who
lacks the ability to analyse and distinguish the arguments of each Madhhab
cannot be allowed to pick and choose between different views only to satisfy
his personal desires. The reason for this approach is twofold:
Firsty, the Holy Qur'an in a number of verses has emphatically ordered us to
follow the Shari’ah, and has made it strictly prohibited to follow the personal
Chapter 01
desires vis-à-vis the rules of Shari’ah. The Muslim jurists, while interpreting
the sources of Shari’ah never intend to satisfy their personal desires. They
actually undertake an honest effort to discover the intention of Shari’ah and
base their Madhhab on the force of evidence, not on the search for convenience.
They do not choose an interpretation from among the various ones on the basis
of its suitability to their personal fancies. They choose it only because the
strength of proof leads them to do so.
Now, if a layman who cannot judge between the arguments of different
madhahib is allowed to choose any of the juristic views without going into
the arguments they have advanced, he will be at liberty to select only those
views which seem to him more fulfilling to his personal requirements, and
this attitude will lead him to follow the ‘desires’ and not the ‘guidance’ --- a
practice totally condemned by the Holy Qur'an.
For example, Imam Abu Hanifah is of the view that bleeding from any part of
the body breaks the wudu’, while Imam Shafi'i believes that the wudu is not
broken by bleeding. On the other hand, Imam Shafi'i says that if a man touches
a woman, his wudu’ stands broken and he is bound to make a fresh wudu’
before offering Salah, while Imam Abu Hanifah insists that merely touching a
woman does not break the wudu.
Now, if the policy of ‘pick and choose’ is allowed without any restriction, a
layman can choose the Hanafi view in the matter of touching a woman and the
Shafi'i view in the matter of bleeding. Consequently, he will deem his wudu’
unbroken even when he has combined both the situations, while in that case
his wudu’ stands broken according to both Hanafi and Shafi'i views.
Similarly, a traveller, according to the Shafi'i view, can combine the two
prayers of Zuhr and ‘Asr. But at the same time, if a traveler makes up his mind
to stay in a town for four days, he is no more regarded a traveller in the Shafi'i
view, hence, he cannot avail of the concession of qasr, nor of combining two
prayers. On the other hand, combining two prayers in one time is not allowed in
the Hanafi school, even when one is on journey. The only concession available
for him is that of qasr. But the period of travel, according to Hanafi view is
fourteen days, and a person shall continue to perform qasr until he resolves to
stay in a town for at least fourteen days.
Consequently, a traveller who has entered a city to stay there for five days
cannot combine two prayers, neither according to Imam Shafi'i because by
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staying for five days he cannot use the concession, nor according to Imam
Abu Hanifah, because combining two prayers is not at all allowed according
to him. But the policy of ‘pick and choose’ often leads some people to adopt
the Shafi'i view in the matter of combining two prayers and the Hanafi view in
the matter of the period of journey.
It is evident in these examples that the selection of different views in different
cases is not based on the force of arguments underlying them but on the
facility provided by each. Obviously this practice is tantamount to ‘following
the desires’ which is totally prohibited by the Holy Qur'an.
If such an attitude is allowed, it will render the Shari’ah a plaything in the
hands of the ignorant, and no rule of the Shari’ah will remain immune from
distortion. That is why the policy of ‘pick and choose’ has been condemned
by all the renowned scholars of Shari’ah. Imam Ibn Tamiyyah, the famous
muhaddith and jurist, says in his ‘Fatawa’:
"Some people follow at one time an imam who holds the marriage invalid,
and at another time they follow a jurist who holds it valid. They do so only
to serve their individual purpose and satisfy their desires. Such a practice is
impermissible according to the consensus of all the imams."
He further elaborates the point by several examples when he says:
"For example if a person wants to pre-empt a sale he adopts the view of those
who give the right of pre-emption to a contingent neighbour, but if they are
the seller of a property, they refuse to accept the right of pre-emption for the
neighbour of the seller (on the basis of Shafi'i view) and if the relevant person
claims that he did not know before (that Imam Shafi'i does not give the right
of pre-emption to the neighbour) and has come to know it only then, and
he wants to follow that view as from today, he will not be allowed to do so,
because such a practice opens the door for playing with the rules of Shari’ah,
and paves the path for deciding the Halal and Haram in accordance with one’s
desires." (Fatawa Ibn Taymiyyah Syrian ed. 2:285,286)
That was the basic cause for the policy adopted by the later jurists who made it
necessary for the common people to adopt a particular Madhhab in its totality.
If one prefers the Madhhab of Imam Abu Hanifah, he should adopt it in all
matters and with all its details, and if he prefers another Madhhab, he should
adopt it in full in the same way and he should not ‘pick and choose’ between
different views for his individual benefit.
Chapter 01
The consequence of the correctness of all the madhahib, is that one can elect to
follow anyone of them, but once he adopts a particular Madhhab, he should not
follow another Madhhab in a particular matter in order to satisfy his personal
choice based on his desire, not on the force of argument.
Thus, the policy of allegiance to a particular Madhhab was a preventive
measure adopted by the jurists to prevent anarchy in the matter of Shari’ah.
But obviously, this policy is meant for the people who cannot carry out ijtihad
themselves, or cannot evaluate the arguments advanced by every Madhhab in
support of their respective views. Such people have no option but to follow a
particular Madhhab as a credible interpretation of Shari’ah.
But the people equipped with necessary qualifications of ijtihad need not
follow a particular Madhhab. They can derive the rules of Shari’ah directly
from their original sources. Similarly, the persons who are not fully qualified
for the exercise of ijtihad, yet they are so well-versed in the Islamic disciplines
that they can evaluate the different juristic views on pure academic grounds
without being motivated by their personal desires are never forbidden from
preferring one Madhhab over the other in a particular matter. There is a large
number of Hanafi jurists who, despite their allegiance to Imam Abu Hanifah,
have adopted the view of some other jurist in several juristic issues. Still, they
are called ‘Hanafi’.
This partial departure from the view of Imam Abu Hanifah was based on either
of the following grounds: sometimes they, after an honest and comprehensive
study of the relevant material came to the conclusion that the view of some
other Imam is more forceful. Sometimes, they found that the view of Imam
Abu Hanifah is based on pure analogy, but an authentic Hadith expressly
contradicts that view and it is most likely that the Hadith was not conveyed to
Imam Abu Hanifah, otherwise he would not have adopted a view against it.
In some other cases, the jurists felt that it is the requirement of the collective
expedience of the Ummah to act upon the view of some other imam, which
is an equally possible interpretation of Shari’ah, and they adopted it not in
pursuance of their personal desires, but to meet the collective needs of the
Ummah and in view of the changed circumstances prevailing in their time.
These examples are more than enough to show that the followers of a particular
Madhhab have never taken it as a substitute of Shari’ah or as its sole version to
the exclusion of every other Madhhab. In fact, they have never given a juristic
Chapter 01
Madhhab a higher place than it actually deserved within the framework of Shari’ah.
Before parting with this question, I would like to clarify another point which
is extremely important in this context: some people having no systematic
knowledge of Islamic disciplines often become deluded by their superficial
information based on self-study, and that too, in most cases, through translations
of the Holy Qur'an and Ahadith. By virtue of this kind of cursory study,
they presume themselves to be the masters of the Islamic learning, and start
criticizing the former Muslim jurists. This attitude is totally wrong and devoid
of any justification. The inference of juristic rules from the Holy Qur'an and
Sunnah is a very meticulous exercise which cannot be carried out on the basis of
a superficial study. While studying a particular juristic subject one has to collect
all the relevant material from the Holy Qur'an and from the Ahadith found in
different chapters and different books, and has to undertake a combined study of
this scattered material. He has to examine the veracity of the relevant Ahadith in
the light of the well settled principles of the science of Hadith. He has to discover
the historical background of the relevant verses and traditions. In short, he has to
resolve a number of complicated issues involved. All this exercise requires very
intensive and extensive knowledge which is seldom found in the contemporary
‘Ulama, who are specialists themselves in the subject, let alone the common
people who have no direct access to the original sources of Shari’ah.
The upshot of the above discussion is that all the four madhahib being based on
solid grounds, it is permissible for a competent Hanafi ‘Alim’ to adopt another
juristic view, if he has the required knowledge and ability to go into the merits
of each Madhhab on the basis of adequate academic research without pursuing
his personal desires. But the people who do not fulfill these conditions should
not dare to do so, because it can lead to a dangerous state of anarchy in the
matter of Shari’ah.
1.4.3 Differences between the Ummah is a blessing
Q) There is a Hadith quoted very frequently by some writers and orators in
which the Holy Prophet ‫ ﷺ‬is reported to have said: "The Difference of my
Ummah is a Divine Mercy". Some people do not accept the authenticity of this
Hadith while others maintain it to be authentic. What is the correct position in
this respect.
A) The Hadith referred to in the question is mentioned in some of the Books
of Hadith with two different versions. Firstly, it is narrated by Abdullah Ibn
Chapter 01
‘Umar ‫ ﭬ‬that the Holy Prophet ‫ ﷺ‬has said:

"The differences between my Ummah are a blessing".
Secondly, it is narrated on the authority of ‘Abdullah Ibn ‘Abbas ‫ ﭬ‬that the
Holy Prophet ‫ ﷺ‬has said:
‫اختالف اصحایب رحمة‬
"The difference between my Companions is a blessing".
The first version has been reported by some scholars of Hadith like AI-Baihaqi
and AI-Maqdisi, but they have not based it on any chain of narrators. Therefore,
the scholars have not taken it as an authentic Hadith, the second version has
been given by AI-Baihaqi in his Book AI-Madkhal and by AI-Daylami in his
Book AI-Firdous. Both of them have given chain of narrators also but the
authentic scholars have decided that its chain is too weak to be relied upon.
(See AI-Siraj AI-Munir by AI-’Azizi v.1 p.64) It is, therefore, established that
the above quoted Hadith has not been reported through any authentic source
on the basis of which it can be held as reliable. Therefore, it should not be
quoted as an authentic Hadith of the Holy Prophet ‫ﷺ‬.
However, the sense conveyed by it can be held as true to some extent, because
the difference of opinion in the interpretation of the verses of the Holy
Qur'an or the Traditions of the Holy Prophet ‫ ﷺ‬which occurred between the
Companions of the Holy Prophet ‫ ﷺ‬and between the authentic scholars of
Islamic jurisprudence was based on their sincere efforts to discover the truth.
Therefore, the ruling of each one of them is based on the sacred source of the
Holy Qur'an and the Sunnah. All such findings are possible interpretations
of the Shar’iah. Therefore, in the case of a genuine collective need arising
out of the changing circumstances, the view of any of the authentic scholars
can be adopted to solve a common problem of the Muslim Ummah and it
is in this sense that such differences between the scholars are nothing but a
Divine blessing for the collective cause of the community. But it is true only
in relation to the sincere differences of interpretation which have occurred
between the competent scholars of the Shar’iah who are called the ‘mujtahids’.
It does not apply to the sectarian differences which have done nothing but to
divide the Ummah between several groups and sects each one reproaching the
other and waging continuous war without a sincere effort to find out the real
intention of the Holy Qur'an and Sunnah. This type of differences can never
be taken as a blessing, rather they are a curse for the community which should
be eliminated as far as possible.
Chapter 01
1.4.4 Seeking solutions from other Fiqh

Q) In what circumstances, the follower of one school of fiqh can seek solution
to his problems by acting upon the teaching of other school fiqh.
A) It is not permissible for a layman to pick and choose from different juristic
schools according to his own whims and desires. However, a person who has
vast knowledge of the sciences of the Qur'an, the Sunnah and the Islamic
jurisprudence can issue a fatwa in accordance with the ruling given by any
other recognized school, either on the strength of its arguments based on the
Qur'an and Sunnah or on the basis of collective need of the Ummah.
1.4.5 Do I have to identify my affialiation to the Imam I follow
Q) As a Muslim, do we have to follow any of the imams. Can’t I say that I
am just a Muslim without having to sub- categorize myself again.
A) It is not necessary to mention one’s affiliation with an Imam in his
identification. It is enough to say ‘I am a Muslim’. But while dealing with
practical issues one should adhere to the interpretation of an Imam. The
detailed discussion may be found in my book "Legal Status of Following a
Madhhab".
1.4.6 Misperception about Imam Abu Hanifa

Q) I have learned from one of my relatives who has learned Arabic that most
of the arguments propounded by Imam Abu Hanifa are based on the weak
narrations of Ahadiths. I would like to know the correctness or otherwise of
this statement.
A) It is a totally wrong allegation that all the rulings given by Imam Abu
Hanifa are based on the weak Ahadith. This baseless propaganda has been
in vogue since a number of centuries, and the honest Scholars of Hadith and
Fiqh have vehemently refuted it on very solid grounds. Even the Scholars of
other schools of Fiqh, for example, the Shafi'i School have admitted this in a
number of their writings. Imam AI-Sha’rani has devoted a separate chapter in
his Book ‘AI-Mizaan AI-Kubra’ to establish this fact - that the rulings given
by Imam Abu Hanifa are based on the Holy Qur'an and authentic Ahadith and
on the practice of the noble companions of the Holy Prophet ‫ﷺ‬.
Although the arguments on which the views of Imam Abu Hanifa are based
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have been explained by numerous scholars, yet Maulana Zafar Ahmed Usmani,
a well-known scholar of the Sub-Continent of Indo-Pakistan, has written a
voluminous book on the very subject under the title I’la Al-Sunan which has
been published in 20 volumes, each comprising at least 300 pages. The whole
book is dedicated to explain the strength of arguments advanced by Imam Abu
Hanifa and his followers. One can differ from some of the arguments given
by Hanafi jurists but the same applies to other views also and it does not mean
that the whole Madhhab of Imam Abu Hanifa is based on weak arguments.
1.5 Socialisation & dealing between non-Mehram
1.5.1 Attending parties featuring prohibited practices

Q) Not uncommon lately, are general gatherings in Western countries where
Muslims are also invited. Such gatherings are mixed where liquor is also
offered and consumed. If Muslims elect not to attend such functions, they
are, on the one hand, alienated from the whole society while, on the other
hand, they remain deprived of benefits that accrue from socialization. Is it
permissible for Muslims to attend these gatherings under such circumstances.
A) Participation of Muslims in gatherings which constitute indulging in
drinking, eating of pork and dancing and singing of women and men is not
permissible, specially when there is no other general compulsion except the
desire to be socially recognized. It is not proper for Muslims to bow down
before such avenues of sin. The challenges to what Islam forbid being
experienced by you give you all the more occasion to stay firm on your Faith.
And should the Muslims living in non-Muslim countries - and they are not that
few - could agree on not participating in such functions, the chances are that
non-Muslims themselves would be left with no reasonable option but to weed
out such disagreeable practices from their functions.
1.5.2 Shaking and kissing hands and embracing

Q) 1) Is it allowed in Islam to shake-hands and embrace and kiss the
forehead, cheeks/by a man to woman to each other who are friends,
relatives - close or distant relatives (Mahram or Na-Mahram), even
stranger.
2) Is it allowed to kiss hands of each other - (man and woman).
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A) 1) All forms of physical contact between a Balig (major) male and

female who do not hold the status of husband and wife should be strictly
avoided. In the case of a non-mahram, it is Haram for a man and woman to
have any physical contact. Therefore, shaking hands, embracing, kissing
the forehead etc in such a situation is Haram. However, if either party is
of a very tender age who do not hold any sexual attraction, or the woman
is of such an old age that she no longer holds any sexual attraction, then
in such a situation shaking hands is permissible. It is also permissible to
kiss the child of very tender age who does not hold any sexual attraction.
In the case of a mahram, when both parties have reached puberty, although
it is not a sin to embrace, shake hands and kiss the forehead etc. as long
as either party does not harbour any sexual desire, it is best avoided.
However, if either party harbours any sexual desire, or a certain amount
of doubt exists that such is the case, then any physical contact is Haram.
In all of the above, one who has reached near puberty is also regarded as
having reached puberty. Therefore, the same rule will apply.
‫ وإن كان يأمن‬،‫ وال كفها‬،‫ وال يحل له أن يمس وجهها‬... ‫ وأما النظر إىل األجنبيات‬:‫يف النهدية‬
‫ كذا يف‬،‫ فإن كانت ال تشتىه ال بأس بمصافحتها ومس يدها‬،‫الشهوة وهذا إذا كانت شابة تشتىه‬
)329‫ (ص‬.‫الذخرية‬
2) For a non-mahram, kissing the hands of the opposite sex is Haram.
The same rule applies for a mahram when there is a doubt that either
party may harbour sexual desire. If no such doubt exists, it is permissible
to kiss the hands, but even then caution should be exercised.
،‫ وإن لم يأمن ذلك أو شك‬:‫ (‌وما‌حل‌نظره)‌مما‌مر‌من‌ذكر‌أو‌أنثى (حل لمسه) إىل قوله‬.... :‫يف الدر‬
)367‫ ص‬6 ‫فال يحل له النظر والمس (جلد‬
Q) Muslim women living in Western countries have to shake hands with
male strangers who sometimes visit their offices or schools. Similarly, there
are occasions when Muslim men get into no-go situation when they have
to shake hands with female strangers. In the event of a refusal to do so, the
likelihood of harm coming from them is not that remote. Does the Shari’ah of
Islam permit a handshake in this situation.
A) Women shaking hands with male strangers and men shaking hands with
female strangers is not permissible under any circumstances. This position is
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fully supported by clear statements in the noble Ahadith and all jurists concur
on this being impermissible.
1.5.3 In respect of elders

Q) Is it allowed to touch and kiss the legs of a saint, old man, Imam, and
scholar of Islam.
A) It is permissible to touch and kiss the legs of an elder, Imam, scholar etc.
out of respect for his piety or his knowledge of Deen as long as it does not
resemble prostration. However, this is a practice best avoided as it may lead to
corruption of belief as well as pride on the part of the one whose legs are being
touched and kissed.
)‫ (طلب‌من‌عالم‌أو‌زاهد أن) يدفع إليه قدمه و (يمكنه من قدمه ليقبله أجابه وقيل ال‬:‫يف الدر‬
‫يرخص فيه‬
:‫ فقال‬- ‫ صىل اهلل عليه وسلم‬- ‫ "أن رجال أىت النيب‬:‫ (قوله أجابه) لما أخرجه الحاكم‬:‫ويف الشامية‬
‫يا رسول اهلل أرين شيئا أزداد به يقينا فقال اذهب إىل تلك الشجرة فادعها فذهب إليها فقال إن‬
‫ فقال‬- ‫ صىل اهلل عليه وسلم‬- ‫ يدعوك فجاءت حىت سلمت عىل النيب‬- ‫ صىل اهلل عليه وسلم‬- ‫رسول اهلل‬
‫ ثم أذن له فقبل رأسه ورجليه وقال لو كنت آمرا أحدا أن يسجد ألحد‬:‫ ارجعي فرجعت قال‬:‫لها‬
)373/6( .‫ وقال صحيح اإلسناد اهـ من رسالة الشرنباليل‬: "‫ألمرت المرأة أن تسجد لزوجها‬
1.5.4 Copying greetings from others

Q) Is it allowed salutation by folded-hands by saying Namaste - A Hindu
practice of ‘Salaam’.
If all these practices (traditions) are not allowed in Islam (forbidden), please
let us know whether any punishment or sin is committed by such Muslim.
A) It is not permissible to adopt the Hindu practice of greeting mentioned.
The Holy Prophet ‫ ﷺ‬has forbidden the copying of other cultures. In fact, it is
a right of a Muslim to be greeted with Salaam at the time of meeting.
1.5.5 Breaking ties is Haram if one avoids salam

Q) My mother’s sister i.e. my khala and I have not spoken in nearly 20 years.
The reason is that when I went to her to stay with her in her house, we had
an argument and she started beating me and subsequently threw me out of her
house. She was overly harsh with me. She is well known in the family for losing
Chapter 01
her temper and oppressing people. There are many other cases where relatives
in the family have complained about her behaviour. As a result, I had to endure
much hardship to find another place to live as this was in a foreign country and I
knew no one there. I was on the verge of becoming homeless. Apart from saying
cruel, mean, insulting and hurtful things to me, the fact she threw me out of her
house and hit me repeatedly, insulted me, turned my heart against her and since
that day I decided never to speak to her again and break off all ties with her. It’s
now been 20 years since I’ve broken ties with her. She also has never attempted
to contact me, talk to me or even apologize for her mistreatment.
Recently I heard an Islamic lecture where the Shaykh said that breaking off
ties is Haram and not allowed in our religion. He also said that we have to
patch up and mend our broken ties as soon as possible before death overtakes
us as it’ll be too late then, and we will be questioned by Allah Talah on the
day of judgement about this. My question to mufti sahib is that what should
I do in the case of my khala. My heart has never forgotten what she did and
she has never said sorry to me either. I feel that I did not deserve such harsh
treatment from her and that at least she should have apologized so that I would
not feel so bad about it. Rather than apologizing I have heard from some other
relatives that she back bites and slanders me at every opportunity she gets
and does not feel an ounce of remorse. She is arrogant and won’t accept that
she did anything wrong to me. So I feel that trying to patch up with such an
arrogant person who doesn’t feel any shame or remorse would be worthless
and chances are she may mistreat me again.
My question is if I do not patch up with her then will there be any punishment
on me on the day of judgement or will I be held accountable for breaking off
ties with her.
What does the Shari'ah say about this. is it necessary to patch up or mend my
ties with her, if so, then should I do it as soon as possible.
I do not want to be held accountable for anything on the day of judgement and
I don’t want to commit any sins either. Therefore, I’m willing to do anything
just for the sake of receiving Allah ‫ ﷻ‬pleasure and rehmat.
A) Breaking ties is held to be Haram if one avoids to make salam to another
person or to respond to his salam. But it is not necessary to visit him/her.
Therefore, what is necessary for you is to greet her with salam when she
appears before you. You should resolve to do that if you meet her.
Chapter 01
1.5.6 Seeking forgiveness from others

Q) My question is about forgiveness. I always intend to forgive everybody.
On the other hand, I try to seek forgiveness from others. I may annoy them by
asking their forgiveness because they told me not to tell them again and again.
I don’t know how to seek their forgiveness because I don’t know when I have
offended them in anyway. Please guide me.
A) Once you seek forgiveness from someone, you will be deemed to have
complied with the requirements of Shari’ah and if the opposite person does
not forgive you in express terms you can ask him once or twice, but if you feel
that repeating your request will annoy him, you should stop; and it is hoped
that your liability stands discharged
1.6 Living in non-Muslim countries
1.6.1 Emigration to a non-Muslim country

Q) What is the ruling regarding adoption of the nationality of a non-Muslim
country. Many people who adopt the nationalities of these countries, or wish
to do so, insist that they do so only because they are persecuted in their own
countries, through imprisonment, threat and intimidation or confiscation of
their property etc. Others see no difference between their own countries, which
though Muslim, have no Shar’iah, and those of the West. They contend that
whilst both are equal in having no Islamic laws, their personal rights, property
and honour are safer in their adopted country, and they will not be imprisoned
or persecuted without reason.
A) The issue of emigration to a non-Muslim country and permanent
settlement there, is one on which the ruling would differ according to the
situation, and the reasons for the emigration.
1) If a Muslim is forced by his circumstances to emigrate, e.g. he is
persecuted in his country or imprisoned, or his property is confiscated
etc., without his having committed any crime, and he sees no way other
than to emigrate to a foreign country, then he would be permitted to do so
in such a case without any Karahat (abhorrence) whatsoever, as long as he
resolves to protect his faith, and keep himself away from the widespread
evil found there.
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2) Similarly, if a Muslim is forced to emigrate due to his financial

situation, i.e. he cannot find the necessary means of subsistence despite
extensive effort and he sees no alternative other than emigration to a non-
Muslim country, then he is permitted to emigrate subject to the above
conditions. Earning a livelihood through permissible means is also a
duty for a Muslim, after his other Fardh duties, and the Shari’ah has not
specified a certain place for it, Allah Ta’ala says:
He is the one who has made the earth manageable for you. So traverse ye through
its tracts, and enjoy of the sustenance which he furnishes; And unto him is the
resurrection. (67:15)
3) If a Muslim adopts the nationality of a non-Muslim country for the

purpose of calling its people towards Islam, or to convey Islamic laws to
the Muslims residing there, and to encourage them to stay firm on their
faith, then this is not only permissible, but also a source of reward. Many
of the Sahabah ‫ ﭫ‬and Tabi’een settled in distant Kuffar lands for this
very purpose, and this action of theirs is counted amongst their virtues
and points of merit.
4) If a person has enough means of livelihood available to him in his
native country to be able to live according to the (average) standard of its
people, but he emigrates in order to raise his standard of living and live a
life of luxury and comfort, then emigration for such purpose has at least
some degree of Karahat in it, because such a person is throwing himself
into a storm of evil, and endangering his faith and moral character without
there being any necessity for it. Experience shows that the people who
settle in non-Muslim countries for luxury and comfort find their religious
restraint diminishing in the face of the many temptations of evil.
Therefore, it is reported in these Ahadith that one should not live with
disbelievers unnecessarily.
Abu Dawood narrates from Samrah bin Jundub ‫ ﭬ‬that the Holy Prophet ‫ﷺ‬
said: "He who mingles with a disbeliever and dwells with him is like him."
Abu Dawood and Tirmidhi also report that the Holy Prophet ‫ ﷺ‬said: "I am
free (i.e. I disavow myself) from every Muslim who lives with disbelievers."
The Sahabah ‫ ﭫ‬asked: "Why, O Messenger of Allah." He replied: "The fires
of the two cannot co-exist." Khattabi says in his commentary on this Hadith
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that it has several meanings. One is that the two (a Muslim and a Kafir) are not
equal in Hukm (ruling) - they both have different rules. Some scholars take
this view. Others explain the meaning as being that Allah has differentiated
between the lands of Islam and Kufr and consequently it is not allowed for a
Muslim to live amongst disbelievers in their lands, because when the Kuffar
light their fires he will be seen as one of them. The scholars also derive from
this ruling that one should not stay in the lands of the Kuffar when visiting for
trade etc. (Khattabi, Ma’alim-As-Sunan, K. Jihad, 473: iii).
Abu Dawood relates from Makhool in his ‘Maraseel’ that the Prophet ‫ ﷺ‬said:
"Do not leave your children amongst enemies (i.e. Kuffar). (Tahzeeb As-
Sunan, Ibnul Qayyim, 437: iii)
For this reason, some scholars say that living in Kafir countries, and increasing
their numbers solely for material wealth, is an action which damages one’s
Adala (integrity). (Takmila Raddul-Mukhtar, p.1 01, v.1)
Finally, if a person adopts a non-Muslim nationality solely for the purpose of
increasing his standing in society, and as a matter of pride, or in preference to
a Muslim nationality, or in imitation of the Kuffar, then all such actions are
Haram without exception, and there is no need to cite evidence for this.
1.6.2 Bringing up children in non-Muslim countries

Q) For the Muslims living in the West, bringing up their children in such an
environment has its drawbacks and disadvantages, and it also has its benefits.
There is a strong possibility of these children picking up habits from Christian
and Jewish children with whom they play and mix. This is especially so in
those cases where the parents neglect their children’s upbringing due to their
work etc., or where one or both parents have passed away. What would be
the effect of this presumed harm on the ruling regarding emigration to a non-
Muslim country. At the same time, many Muslims who live there contend that
in the non-Muslim countries their children run the risk of being led away from
Islam through mixing with atheist and communist groups etc., especially when
in some non-Muslim countries these groups are supported by the authorities,
their beliefs and doctrines are included in the educational syllabuses, the minds
of common people are poisoned with them, and those who oppose them are
tortured and imprisoned. In such circumstances, living in that country is more
dangerous for our children’s faith and their beliefs.
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A) Bringing up children in a non-Muslim country is a serious issue, and is

a matter that is fraught with danger, and therefore, should be abstained from
as far as possible in those cases where emigration to and residence in a non-
Muslim country has been termed Makrooh or Haram.
However, in those cases where adopting a foreign nationality and living there
is allowed without Karahat (abhorrence), since a valid reason exists, the same
ruling would apply to bringing up ones children in that country. Such a person
should then attend to the upbringing of his children with special attention,
and the Muslims living there should create an environment in which newly
arriving Muslims can properly protect and preserve their beliefs, actions and
moral character.
1.6.3 To save children from the ill effects

Q) What should parents do to save their children from the ill effects of the
culture / society etc.
A) After every Namaz one should read this prayer from the Holy Qur'an:
Our Lord, Give us, from our spouses and our children, coolness of eyes and make
us head of God fearing. Surah (25:74)
Also whenever the children go out of the house one should read the above dua
and also say and blow on them.
"Asleh li fi Zurriati"
Set righteousness, for my sake, in my progeny
1.6.4 Eid-ul-Adha with Saudi Arabia and unity of Muslims

Q) 1) Is it all right for me to follow the Jamie Mosque for Eid-ul-Adha
celebration although I do not agree with this decision to celebrate it with
Hajj day in Saudi Arabia (i.e. next to Hajj day).
2) What is the true Significance of the details given in the attached
brochure on the light of the Fiqh followed in different schools.
3) Does it agree with the decision taken by Fiqh council of Saudi
Arabia which has members from all over the Muslim world. (A Canadian
Muslim).
Chapter 01
A) I have gone through the article enclosed with your letter and published
in the Newsletter of the Islamic Society of North America, Vol.2 No.2. With
my utmost respect to the sentiments of Muslim unity expressed in the article, I
am forced to say that the view explained in the article is in total disagreement
with the teachings of the Holy Qur'an, the Sunnah of the Holy Prophet ‫ﷺ‬
and with the Shari’ah position recognised throughout the centuries. This is
an unprecedented view which has never been adopted by any of the Muslim
jurists during the past 14 hundred years, and it has a number of intrinsic defects
and anomalies, some of which are summarized hereunder:
1) The article states that the celebration of Eid-ul Fitr should be tied up
with the sighting of the moon in each relevant country and should not be
linked with the celebration of Eid-ul-Fitr in Saudi Arabia. But at the same
time the article argues for the celebration of Eid-ul-Adha according to the
Saudi Calendar. In the first place, I am unable to understand how can this
scheme work reasonably. Suppose the American Muslims have declared
1st of July as 28th of Zulqa’dah according to their local sighting of the
moon. But the Saudi authorities have announced the same date to be the
first of Zulhijjah. If the American Muslims follow the Saudi declaration, as
proposed by Isna in the said article, it will mean that the month of Zulqa’dah
will end up on the 27th or 28th day, which is an absurd position on the
face of it, because an Islamic month cannot have less than 29 days, as it is
expressly mentioned by the Holy Prophet ‫ ﷺ‬in the well known Ahadith.
The other alternative possibility in such a situation would be to run the
calendar according to the Saudi calendar irrespective of the local dates.
But this option will be even worse, because it will mean that Eidul-Adha is
being celebrated in America on 8th or 9th of Zulhijjah and not on the 10th.
One can easily appreciate that this option is more un-acceptable than the
first one, because Eid-ul-Adha can only be celebrated on 10th of Zulhijjah.
It is thus clear that the theory proposed in the article is not practicable in
any way.
2) The article has laid much emphasis on the concept of the unity of
Muslim Ummah which cannot be denied by anyone. But at the same time
one must appreciate that the unity does not mean that the whole Muslim
Ummah throughout the world should perform their acts of worship at one
time and at the same time, because it is not possible at all. It is evident
that when the people offer their Fajr prayer in Saudi Arabia, the Muslims
Chapter 01
of America offer their ‘Isha prayer of the previous day, and when the
people offer their Fajr prayer in Los Angeles, the Muslims of Pakistan
and India offer their Maghrib or the ‘Isha prayers of the same day. If it
is made obligatory on all the Muslims of the world to offer their acts of
worship at one time for the sake of unity, this type of unity can never come
into existence. It is, therefore, obvious that the difference of time while
offering acts of worship can in no way disturb the concept of Muslim
unity. What the concept of Muslim unity does actually mean is that all the
Muslims should treat each other with brotherly sympathy and affection
and should not spread disorder and dissension among them, nor should
they invent new ideas foreign to the Holy Qur'an and Sunnah which may
divide the Muslims and raise quarrels between them.
It is also astonishing that the article takes the celebration of Eid-ul-Adha
in different days as against the concept of unity, while in the matter of
the celebration of Eid-ul-Fitr this concept of unity is not applied. It is not
understandable that if the celebration of Eid-ul-Fitr in different days does
not harm the concept of unity, how can it be said to harm the unity in the
case of Eid-ul-Adha.
3) It is true that the Eid-ul-Adha falls immediately after the day of
Arafat in Saudi Arabia, but it is not necessary that the Muslims of every
country should follow the same dates in their respective areas. Hajj is,
no doubt, tied up with a particular place, but the celebration of Eid-ul-
Adha is not confined to that place alone. It is celebrated everywhere in the
world. Therefore, it cannot be held as a celebration which should in any
case conform to the Saudi calendar, as suggested in the article.
4) It is admitted in the article itself that the celebration of Eid-ul-Adha
in other countries was never linked with its celebration in Saudi Arabia
throughout the 14 centuries of our past. But, according to the author of
the article, it was due to the lack of communication between the countries,
because in the absence of telecommunication, the people living outside
Saudi Arabia could hardly know the exact date on which the Hajj was
being performed in Saudi Arabia. The author of the article argues that this
phenomena has totally changed with the progress of telecommunication
and other scientific resources, and it is now known to everybody on what
date the Hajj is being performed in Arafat, therefore, the celebration of
Eid-ul-Adha can easily be tied up with its celebration in Saudi Arabia.
Chapter 01
But this argument itself is a clear admission on the part of the author to the
effect that it is not obligatory according to the Holy Qur'an and Sunnah to
celebrate Eid-ul-Adha according to the Saudi Calendar. Had it been so,
the Muslims would have tried their best to know the exact date of Hajj in
Saudi Arabia. It is not correct to say that it was not possible in those days
for the people living outside Saudi Arabia to know the exact date of Hajj,
because the date of Hajj is normally determined on the very first night of
Zulhijjah, and the Hajj is performed after a period of nine days was more
than sufficient to acquire the correct information about the exact date of
Hajj. But no single jurist has ever stressed upon collecting such information
in order to celebrate Eid-ul-Adha according to the dates of Saudi Arabia.
Moreover, if this argument of the author is accepted, and it is held that the
real intention of the Holy Qur'an and Sunnah was to link the celebration
of Eid-ul-Adha with the Saudi dates, as a mandatory provision for all
the Muslims of the world, it will mean that the Shari’ah has stressed on
a principle which was not at all practicable for more than 1300 years. Is
it not against the Qur'anic declaration that Allah does not make a thing
mandatory unless it is practicable for the human beings.
If the author means to say that the celebration of Eid-ul-Adha was not linked
with the dates of Makkah in our past, but it has now become a mandatory
requirement of Shari’ah, then the question arises: who has abrogated the
previous principle and on what basis? There is no provision in the Holy Qur'an
or in the Sunnah which orders the Muslims to celebrate Eid-ul-Adha according
to their local dates upto a particular time and to link it with the dates of Makkah
thereafter. Whoever considers this and similar other questions arising out of
this unprecedented theory advanced by the author of the article can easily
appreciate its fallacy.
At the end, I would like to inform you that the question of sighting of the moon
in each lunar month including Zulhijjah was thoroughly discussed in the annual
session of the Islamic Fiqh Academy (held in Jordan between 11th and 16th
October 1986) consisting of more than 100 outstanding scholars of Shari’ah
and the resolution adopted by the Academy has recommended all the Muslim
countries to determine all the lunar months including Zilhijjah on one basis (and
not to have one basis for Eid-ul-fitr and another for Eid-ul-Adha). This resolution
represents the consensus of the Muslim jurists throughout the world. But the
proposal given by the author of the article is totally against this consensus.
Chapter 01
Before parting with the subject, I would like to emphasize that such unprecedented
proposals can never advance the cause of Muslim unity, rather, they may create
a new point of disunity and dissension among the Muslims. Before issuing
such opinions as a definite ‘fatwa’ they should be discussed at some reliable
international forum of contemporary Muslim jurists like International Islamic
Fiqh Academy of Jeddah. I would propose to refer this matter to the Academy
and to wait for its answer before implementing this proposal.
1.6.5 Donations for Mosques/Islamic Centers from non-Muslims

Q) Is it permissible to accept donations from non-Muslim individuals or
organizations, for an Islamic cause like building a Mosque, madrassa or similar
other projects. We have been offered handsome donations for a proposed
Mosque cum Islamic centre in our vicinity by the non-Muslims in our area.
The point of concern is that the source of income of the proposed non-Muslim
donors could not be vouched for its being in accordance with the tenets of
Islam. Please advise us in the light of Shari'ah.
A) Donations for a Mosque or an Islamic centre can be accepted from a non-
Muslim individual or organization with the condition that such donations are not,
in any manner, harmful to the interests of the Muslims. If, for example, there is
an apprehension that the donors will try to interfere with the management of the
Mosque or the Islamic centre or the donation will be detrimental to the esteem
of the Muslims, then, such donations should not be accepted.
So far as the question of the source of income of the donor is concerned, it is
not necessary to carry out a detailed enquiry in this respect. However, if the
source of income on the face of it, is proved to be Haram, the donation should
not be accepted.
Q) Can one accept a donation for the above cause from a Muslim whose
source of income is absolutely illegitimate (Haram) and at the same time one
can verify it.
A) As mentioned in the case of a non-Muslim donor, one is not required to
enquire into the source of income of a donor, and unless it is evidently clear
that the source is Haram, one can presume that the money is Halal. However,
if it is absolutely clear, even without an enquiry, that the donation has come
out of a Haram source, then it is not allowed to accept such a donation.
Chapter 01
1.6.6 Distributing the Holy Qur'an to non-Muslims with Arabic text

Q) Is it allowed to give the copies of this Qur'an which has Arabic text along
with English translation and commentary to non-Muslims. Can we use the
Zakat-ul-Maal for this purpose.
A) Giving copies of Holy Qur'an with its translation to non-Muslims for
the purpose of propagating Islam is not impermissible unless it is highly
apprehended that they will use the copies of the Holy Qur'an in a disrespectful
manner. However, Zakat money cannot be used for this purpose.
1.6.7 Anti-Racism Policy

Q) In this country, Government and private institutions have Anti- Racism
policy. The purpose of the policy is to disallow discrimination and discourage
racism, as well as to protect the racial minorities, women, disabled people and
aboriginals. The policy aims at elimination or at best reducing harassment,
stereotyping and violence against the above-mentioned groups.
There is a move to make this policy more inclusive by including Gays and
Lesbians as a minority along with others. The purpose is to protect them from
harassment, violence and discrimination. It does not say about their practice,
but through this inclusion the message for their acceptance is conveyed.
However, its aim is to reduce prejudice and discrimination against such people.
So far we have opposed this inclusion, but our opposition is giving a message
to promote hate and violence against them. Is their inclusion in the policy a
violation of the Shari'ah.
Also how should Muslims in adjudicatory capacities deal with situations
concerning homosexual and lesbians vis a vis legislation protecting them.
A) Answer to this question depends on the legal provisions and the nature
of steps taken for their inclusion. So far as the public violence is concerned, if
the policy is aimed at avoiding it against Gays and Lesbians the Muslims need
not oppose it because violence is not permitted against anyone in the given
situation in your country. But if the legal provision and the practical steps
taken for their protection aims at encouraging them or justifying their position,
Muslims should oppose it to the best of their ability. But if they are overruled
they cannot be held responsible from the Shari'ah point of view.
Chapter 01
1.7 Other topics
1.7.1 ‘Allah is Watching’ – A statement to always keep in mind

Q) What should be one such statement as a guide, that we should always
keep in front of us and in our minds, all the time, to keep us on the right path.
A) In order to ensure that we keep ourselves on the right path, one should
always remember that ‘Allah is watching’ (Allah Dekh raha hai).
1.7.2 Keeping beard and its length

Q) One of my friends insisted that beard is not Fardh, then why do you have
beard. I tried to satisfy him, but he was adamant. Then I asked him to consult
you. Kindly reply in the light of the Qur'an and the Sunnah.
A) Keeping beard is an instruction given by Rasulullah ‫ ﷺ‬emphatically.
Q) I am a born Muslim living in London and I have just recently started to
practice Islam through my five daily prayers, and I have grown a beard which
is still little, and I am hoping to do Umrah in Ramadan.
My family does not like the fact that I am growing a beard, and they tell me to
shave it off. They say that it does not look nice. This makes me very weak, but
I would like to carry this Sunnah of the Prophet ‫ﷺ‬. My friends also say that it
does not look nice and that also makes me weak at times.
Sir, can you please advise me on how I may overcome this problem and how
I make myself stronger in Iman.
A) Your growing beard is not only the Sunnah of the Holy Prophet ‫ﷺ‬, but it
is verbally emphasized by him, so that the Muslims can be distinguished from
the non-Muslims even in their appearance. The objection that it does not look
nice is not tenable because the nice look is a relative term, and nobody can give
its universal definition. There was a time when the beard used to be treated as a
sign of masculine beauty, and it is only during the last century that the practice
of shaving beard became rampant. In our days, keeping beard has been taken
again as a part of the fashion for men. Therefore, fashion is always subject to
change on which no universal decision can be made. A person should decide
on his own about what is the correct attitude, and once this decision is taken
the objections of the people should not be an impediment for him because one
cannot eliminate such objections anyway.
Chapter 01
Q) How short (in length) of a beard would qualify as a beard. And how much
of a face should have beard to qualify as having beard as sometimes people
shave off part of the face and sometimes a significant amount of a face to have
a certain look etc.
A) Growing beard is ordered by the Holy Prophet ‫ ﷺ‬and the renowned
companion of the Holy Prophet ‫ﷺ‬, Abdullah Ibn Umar ‫ﭬ‬, used to cut his
beard after it grows up to the size of his palm. Therefore, the Muslim jurists
are of the view that keeping beard up to that size is Wajib.
1.7.3 Coloring the hair/beard

Q) I am 42 years old (living in California) and started having white hair
at the age of 18 and I am coloring my hair since then. Now (Alhamdullilah)
I have a beard and as expected it is 95% white. I know black color is not
allowed. However, is it permissible to color the hair/beard. I tried Henna but it
did not work out.
A) If actual Henna does not work for you, you can use a chemical color that
resembles Henna.
1.7.4 Using Perfume

Q) Is using perfume forbidden in Shariàh. Please guide us.
A) Wearing perfume is not forbidden in Islam rather it is a Sunnah for men to
wear perfume if the perfume does not contain any impure ingredient. Although,
the modern perfumes normally contain alcohol, but it is synthetic alcohol
which despite being Haram for oral use is not Najis (impure). Therefore,
perfume spraying is also permissible.
1.7.5 Music in Islam
Q) Some days ago, I had a chance to read a book, titled "Islam main Mosiqui"
(Music in Islam) written by Syed Jafar Shah Phulwarvi. He tried to prove by
every means that music is lawful in Shari’ah. He recorded many instances of
companions of the Prophet ‫ﷺ‬. For example, Hazrat Jafar Tayyar ‫ﭬ‬, listened
to music and considered it permissible. What is the truth. Please guide me.
A) The arguments given in the book of Mr. Jaffar Shah Phulwari are fully
answered in the book of my late father, Maulana Mufti Muhammad Shafi $,
Chapter 01
"Islam Aur Mosiqui". This book is published by Maktabah-e-Darul-Uloom

Karachi. You should study this book.
Q) Kindly guide us with Qur'anic reference and Hadith about Islamic point of
view with regard to listening to music and playing various musical instruments
e.g. piano, guitar etc.
A) No specific word for the music has been used in the Holy Qur'an. However,
it has been referred to in a number of verses. For that purpose you may study
the beginning part of the Surah Luqman in Malariful Qur'an. However, there
are many Ahadith forbidding the use of these instruments.
1.7.6 Playing music and songs to children in schools
Q) I work in a school for very small children (between 2 years and 6 years of
age) and we have various exercises to help the children develop co-ordination
between mind and body. One of these exercises is "Walking on the line" in
which children are expected to keep balance and poise and walk gracefully
carrying various objects in their hands to help develop grace, poise and help
improve concentration. To make it more interesting we play very soft and
soothing music on audio cassette. Besides this we have various songs for
children which help in language development and gives a lot of information.
These poems and songs are both in Urdu and English. The question I wish to
ask is that a few of my colleagues object to the use of music as they say it is
Haram in Islam.
A) Music is not permissible according to a number of Ahadith of the Holy
Prophet ‫ ﷺ‬therefore you should avoid it in the exercise you have referred to.
However, poems or songs of educational nature can be recited.
1.7.7 Adulthood age for segregation in School

Q) What is the adulthood age as per different schools of thought, for
segregation of gender in a School?
A) The earliest age for puberty recognized by Shari’ah is 9 years for a female
and 12 years for a male; meaning that if they claim puberty at this age, their
claim will be accepted and not challenged. Segregation between male and
female should be done at 9 years of age. However, if the signs of puberty do not
appear, then on reaching age of 15 years, he or she will be deemed to be an adult.
Chapter 01
1.7.8 Saying ‘Allah Hafiz’ and `Khuda Hafiz’

Q) What is the difference between saying ‘Allah Hafiz’ and `Khuda Hafiz’.
Is saying Khuda Hafiz incorrect.
A) Both are correct. Some people prefer to use Allah Hafiz as the name Allah
has been mentioned in the Holy Qur'an.
1.7.9 Saying Juma Mubarak

Q) Is it alright to say ‘Juma Mubarak’.
A) It is not a Sunnah. Hence if it is not considered Sunnah and part of deen
and people don’t make it compulsory or mind it if the other person does not
say it, then it is okay to say Juma Mubarak.
1.7.10 Sermon of Ghadeer

Q) An issue I would respectfully bring to your attention is about the book
Mohammad ‫ ﷺ‬Mercy for the World (by Qazi Mohammad Sulaiman Salman
Mansoorpuri) published by Darul-Ishaat. On page 184 of this book we find
Sermon of Ghadeer, I am not sure about the accuracy of the incident mentioned
under that title, for that I would acknowledge my ignorance, however, it
espouses the doubt to be Shia doctrine, here Prophet ‫ ﷺ‬is reported to have
said that and I quote, "Ali is also the master of whatever I am".
A) With reference to your question about the Sermon of Ghadeer, please
note the following points:
1) Although some scholars have disputed the authenticity of this

Hadith, the correct position is that it cannot be termed as unauthentic.
It is reported by Tirmidhi, Nasa’i and Imam Ahmed on the authority of
different Sahabah ‫ﭫ‬. Hafiz Ibn Hajar, in his commentary on Sahih of
Bukhari has commented that this Hadith is reported by many narrators
through different chains some of which may be graded as ‘sahih’ (Fathul
Bari V.7, P.72)
2) The original words used in the Hadith are:

‫من كنت مواله فعلي مواله‬
Chapter 01
The word ‘Mouli’ (‫ )موىل‬has many connotations. In the light of other

overwhelming Ahadith it cannot be taken here in the sense of ‘master’
or ‘ruler’. It is actually used in the sense of ‘friend’ or ‘beloved’. The
background of this sermon is that when Sayyidina Ali ‫ ﭬ‬was sent by
the Holy Prophet ‫ ﷺ‬to Yemen, some of his colleagues had developed
some complaints against him which were not justified. Since some
misunderstanding about him was apprehended to find currency on
the basis of such complaints, the Holy Prophet ‫ ﷺ‬intended to clarify
the situation by declaring the high state of Sayyidina Ali ‫ﭬ‬. In this
background he declared that whoever loves him should also love Ali ‫ﭬ‬.
This interpretation of this Hadith is supported by many other Ahadith
and there is no occasion for anyone to believe that it was the declaration
of the immediate succession of Sayyidina Ali ‫ ﭬ‬after the Holy Prophet
‫ﷺ‬. This position is admitted even by his grandson, Sayyidina Hasan
Almuthanna (Rehmat Ullah) who refuted the suggestion that the sermon
of Ghadir is an indication to the immediate rule of Sayyidina Ali ‫ﭬ‬
after the Holy Prophet ‫( ﷺ‬Ruh-ul-Ma’ani V.6, P.195 Abu Nu’aim and
Baihaqi).
The correct position about the sermon has been summarized above. A detailed
treatment of the subject maybe found in the scholarly Urdu work of Moulana
Mahmood Ashraf Usmani entitled "Aqeeda Imamat Aur Hadith-e-Ghadeer"
published by Maktaba-e-Darul-uloon Karachi.
1.7.11 Prophet Yusuf in Egypt

Q) Was Prophet Yusuf ‫ ڠ‬an employee in the government of the Egyptian king
or did he have full authority to run the country. What was the limit of his position.
A) No authentic report is available to ascertain the nature of the contract
of Yusuf ‫ ڠ‬with the King. What is generally mentioned by the exegetes of
the Holy Qur'an is that in the beginning he accepted to be a minister of the
King because he was sure that he would not be compelled to do anything
against the rules of Shari'ah. Later, when the King experienced his extra-
ordinary performance, the King handed over to him his entire kingdom and
withdrew himself from the affairs of the government. This is mentioned in the
Commentaries of Qurtubi and Qadi Sanaullah Pani Pati $. Some exegetes,
like Mujahid have also added that the King had embraced Islam.
Chapter 01
1.7.12 When was ‘Al-Masjid-al-Aqsa built

Q) I am told that ‘al-Masjid-al-Aqsa mentioned in Surah Bani lsrae’il of the
Holy Qur'an refers to a plot of land only, and there was no built Mosque on
that plot in the days of the Holy Prophet ‫ﷺ‬. Is this correct. Is the present
Masjid built on the same plot. And who has built it first.
A) This is not correct. What we call al-Masjid-al-Aqsa today was originally
built by Sayyidna Dawood ‫ ڠ‬and by Sayyidna Sulaiman ‫ڠ‬. It was in the
form of a Mosque even in the days of the Holy Prophet ‫ﷺ‬. Imam Baghawi
reports that when the Holy Prophet ‫ ﷺ‬informed the infidels of Makkah that
he has been taken by Allah to al-Masjid-al-Aqsa, they did not believe it and
started asking him about the details of the building of the Mosque, and the
Holy Prophet ‫ ﷺ‬gave them full account of the building. They asked him about
the minute details of the structure of the Mosque and the Holy Prophet ‫ﷺ‬
answered all their questions correctly. (See al-Tafsir al-Mazhari v.S p.402).
It is thus clear that al-Masjid al-Aqsa was not merely a vacant plot of land.
There was a Mosque built over it.
As mentioned earlier, the Masjid was orginally erected in the days of Dawood
and Sulaiman ‫ڠ‬. Then, it has been renovated several times. According to
some reports this Masjid was destroyed when Sayyidna ‘Umar ‫ ﭬ‬took its
charge. He built it again, then Abdul-Malik ibn Marwan was the first Muslim
ruler who had renovated it after Sayyidna Umar ‫ﭬ‬.
1.7.13 Universe made in 6 days & "Kun Fa Yakoon"

Q) There is a verse in the Qur'an which states that Allah made this universe
in 6 days and we also know that Allah has the power of "Kun Fa Yakoon" I
would really like you to enlighten me in this regard.
A) Divine decisions are made in accordance with the all-encompassing
wisdom of Allah and no one can claim that he knows the wisdom behind
divine decisions. However, the scholars have indicated in the light of the Holy
Qur'an and Sunnah that, creating the whole universe in six days, while Allah
was powerful to create it even in a fraction of a second, is a subtle indication
to the human beings that they should not perform their own works in a hurry,
rather they should exercise patience and care because impatience may cause
damage to their work.
Chapter 01
1.7.14 Can the dead see us

Q) Can the dead see us / his family etc. Why do they say that `ruh ko takleef
pauhauncti hai’.
A) Nothing is known about this. Only Allah knows.
1.7.15 Life in other worlds (other than earth)

Q) What does Holy Qur'an say with respect to life in other worlds (other than
earth).
A) The Holy Qur'an and Hadith refer to creation of seven earths. It is not
explained how, what and where these seven earths are. In an Àthar’ (saying of
Sahaba ‫ ﭫ‬as opposed to Holy Prophet ‫ ﷺ‬it is said that there are seven earths
which are similar to our earth in as much as they all have people, animal, other
features and have been sent prophets etc. This is detailed in a book entitled
`Tahzir un nas’ by Maulana Nanotwi.
1.7.16 Qiyamat before knowing all the creation / worlds

Q) Allah Ta'ala created the earth where we live and the whole Universe
which we have not even explored. As Allah Ta'ala has not created anything in
vain, is it that the Qiyamat will not come before we explore and know about
everything Allah Ta'ala has created.
A) No doubt Allāh ‫ ﷻ‬has created nothing in vain; however, it is not necessary
that the full wisdom behind the creation be understood by humankind;
therefore, it is not necessary that Qiyāmat may only come after humankind
has explored the universe. Similarly, Allāh ta’ālā has mentioned regarding the
earth:
It is He who created for you all that the earth contains. (2:29)
This too means that Allāh ta’ālā has created all that is in the earth for our
benefit; which does not necessitate that humankind will have to find out every
specific detail to derive that benefit; it is possible that we are deriving those
benefits without knowing; or that we have been given the opportunity to find
out such benefits; which again does not necessitate that every single benefit
Chapter 01 Chapter 01
will be realized by our exploration before Qiyāmat; rather the opportunity to

explore is itself a benefit.
1.7.17 Mairaj (Accension) of the Holy Prophet ‫ﷺ‬

Q) In the Shab-e-Mairaj (night of Ascension), the Holy Prophet ‫ ﷺ‬met
several earlier Prophets at each level of the seven skies, but not all. Why those
particular Prophets (and not the others).
A) Only Allāh ta’ālā knows the real reason for Rasūlullāh ‫ ﷺ‬meeting
particular prophets at the different skies; and since Allāh ta’ālā has not
disclosed this wisdom via Rasūlullāh ‫ ﷺ‬we are not required to delve too much
into finding it out. It is also possible that Rasūlullāh ‫ ﷺ‬met the other Prophets
in the skies, but only the more famous ones are mentioned in the Aḥādīth.12
12 See Mirqātul Mafātīḥ 9: 3762

Chapter 02
Embracing Islam 91
CHAPTER
02
2.1
Embracing Islam
Two steps for embracing Islam 91
2.2 How to enter into Islam 92
2.3 Questions from a Christian considering converting to Islam 94
2.4 Clarifications sought on Qur'anic verses by a Christian 99
2.1 Two steps for embracing Islam
Q) My sister-in-law has reverted to Islam and wants to make dawah to her

Christian family. She has given them books in English about Islam and your
book on ‘What is Christianity’. They are not strict Christians but they are of
good character. She visits her parents but she does not like to keep mentioning
or try to force them to accept Islam so she shows them practically and they
are always in her du’a. Her mother is more likely to be convinced and accept
Islam but her father is not easy to convince. All of her family sees the media
and they have negative connotations about Islam, especially how women are
treated. They also feel that the Islamic way of life would be too difficult for
them to follow, especially praying five times daily. When they experience
difficulties in their lives they go to the church and pray, so they do know that
there is a God. They have a good nature and feel that there is more to life than
the materialistic values of the Western world.
A) There are two steps for embracing Islam.
One is to believe in the basic articles of faith i.e. to believe that there is no god
but Allah ‫ ﷻ‬who needs no son or any other partner in His divinity, and that
Sayyidna Muhammad ‫ ﷺ‬is His last Messenger and whatever he has brought is
true, and that an eternal life has to come after this life. Once a person declares
that he or she believes in these articles of faith, he becomes a Muslim, because
he has fulfilled the basic condition of Islam.
Chapter 02
92 Embracing Islam
The second step is to practice all the rules and precepts of Islam. If someone
feels it is difficult to take this second step, he should not hesitate in taking the
first one, because it will, at least, save him from eternal divine anger. Rather,
after embracing Islam, he should try to practice as much of its rules as he can.
Your sister-in-law should clarify this point to her parents.
She should also advise them that they should pray to Allah on daily basis
that if Islam is the true religion according to His pleasure, He may open their
heart for it. At the same time she should advise them to study the stories of
the non-Muslims who accepted Islam. I hope that all these steps will facilitate
their conviction about Islam. May Allah guide them and make it easy for your
sister-in-law to convince them.
2.2 How to enter into Islam
Q) What is the procedure for a Christian to convert to Islam in order to marry

a Sunni Muslim girl. Which reputable institution in Karachi arranges for such
a conversion and Nikah, so that it is widely accepted in our society.
A) It is not a correct practice to embrace Islam for the sake of marrying a
Muslim girl only. Islam is a composition of certain beliefs and acts. It is a way
of life. It is a matter of faith and conviction. In order to become a Muslim, it
is necessary to accept all its basic teachings with one’s heart and soul. If one’s
real purpose is only to marry a Muslim girl, and he wants to register himself
as a Muslim only because he cannot marry that girl without it, while he does
not have faith in the basic beliefs of Islam, he cannot be a Muslim in reality.
Therefore, one should know at the first instance that conversion to Islam is not
meant for marrying Muslim girls. One should, first, study the basic Islamic
beliefs and teachings, and if he is convinced that they are worth accepting, he
should accept Islam for its inherent rightfulness and its intrinsic merits, and
not only because he wants to marry a girl.
Now, the basic beliefs one is required to accept while entering into Islam are
the following:
1) God is One. He has neither a partner, nor a son or daughter. He is
One in the true sense of the word which has no room for the concept of
Trinity, or for any other form of camouflaged monotheism or a disguised
polytheism.
Chapter 02
Embracing Islam 93
2) The Holy Prophet Muhammad ‫ ﷺ‬is the Last Messenger of Allah

after whom no messenger or prophet of Allah (in any sense of the word)
will come.
3) The Holy Qur'an is the last of the divine books revealed on the Holy
Prophet ‫ ﷺ‬and all its contents are true.
4) The life Hereafter is the eternal life one has to live after his death
where he will have to face the fate of his good and evil deeds.
5) All the teachings given by the Holy Qur'an or by the Holy Prophet ‫ﷺ‬
in absolute and unambiguous terms are true and acceptable.
Once a person accepts all these fundamental beliefs as true, both verbally
and with his heart, he becomes a Muslim.
Conversion to Islam has no particular procedure, like baptism etc.
As soon as a person accepts the aforementioned beliefs with his heart and soul
and professes them verbally, he enters the fold of Islam. It is not necessary
that he seeks the mediation of a saint or priest, nor is it a prerequisite to go
to a Mosque or to an institution for accepting Islam. One can accept Islam
on his own. However, it is advisable to go to a learned Muslim who can
inform him about the basic beliefs of Islam and can teach him the concise and
comprehensive words to express his acceptance to those beliefs.
Normally following sentences are used for that purpose:
" I bear witness that there is no god but Allah, and I bear witness that
Muhammad ‫ ﷺ‬is His slave and messenger."
I have believed in Allah and His Angels and His Books (as they were originally revealed
on His Prophets) and in His messengers and in the Last Day and in the fact that all the
good and bad destinies come from Allah and in being raised alive after death.
A further requirement for a convert Muslim is to free himself from those

beliefs of his former faith or religion which are not in line with the Islamic
beliefs. For example, a Christian must proclaim that he does no more believe
Jesus Christ as the Son of God or a part of the Godhead. Instead, he accepts
that he was a revered messenger of Allah, and was no more than a messenger,
having all the human attributes.
Chapter 02
94 Embracing Islam
There is a large number of Muslim institutes in Karachi which can help a non-
Muslim to do the needful for accepting Islam. Here are the addresses of some
of them:
1) Dar-ul-Uloom Korangi "K" area Karachi.
2) Jamiatul-Uloom-al-Islamiyyah, Binnori Town, Karachi.
3) Jamia Farooqia, Shah Faisal Colony, Karachi.
2.3 Questions from a Christian considering converting

to Islam
The University of Birmingham Islamic Society received the following email

from a Christian:
Hello, I am a Christian who is considering converting to Islam. I have a
number of questions which I would like answered. They are from a Christian
perspective i.e. mainly dealing with Jesus and his position in the two faiths.
I would very much appreciate your wisdom and help on these issues. Please
find time to reply.
Q) Allah - does He love everyone in the world, or only "good" people.
A) ‘Allah’s love’ may have two different meanings:
One that He likes the well-being of every person. And second, that He
likes him in all respects and will admit him into the Paradise.
In the first meaning He loves everyone in the world because He likes
the well-being of all people, both here and in the Hereafter. Because of
this love He gives sustenance to everyone, regardless of his religion and
his deeds, and it is because of this kind of love that He has sent a large
number of messengers and revealed the divine books, so that everyone
may know the truth and after following His instructions becomes entitled
to the reward in the Hereafter.
But the second kind of love is applicable only to those people who believe
in His Oneness and in all messengers sent and all books revealed by Him,
and then act accordingly.
Q) Did Muhammad understand the Trinity to include God, Jesus & Mary. If
so, did that not influence his understanding of Christianity and his teachings.
Chapter 02
Embracing Islam 95
A) Yes, the Holy Prophet Muhammad ‫ ﷺ‬knew well the concept of Trinity
because it is mentioned in the Holy Qur'an in specific words, and it is because
of this knowledge that he had refuted the doctrines of Christianity.
Q) Apparently, for "mild" sins Allah may punish us or demand penance. For
"serious" sins there is no forgiveness. How do you ascertain what is a mild
/ serious sin. What happens to you if you commit a "serious" sin before you
come to faith - is it too late.
A) It is not correct, according to the Islamic beliefs, that serious sins cannot
be forgiven. The correct position enunciated by the Holy Qur'an is that Allah
forgives any sin, major or minor, mild or serious for the one who truly repents
to Him. This rule is applicable even to Shirk (ascribing partners to Allah)
and Kufr (disbelief) in the sense, that if a person repents from these beliefs
and embraces Islam, his past beliefs of Shirk and Kufr are forgiven. It is also
mentioned in the Holy Qur'an that Allah may forgive any sin that is short of
Shirk and Kufr even without repentance by the relevant person, but He does
not forgive Kufr and Shirk without repentance. The text of the holy Qur'an is
as follows:
Surely Allah does not forgive the sin of ascribing partners to Him and He may
forgive any sin short of that for whomsoever He wills. [An-Nisa 4:116]
If someone has committed serious sins before he comes to faith, all such
serious sins are forgiven as soon as he embraces Islam. The Holy Prophet
Muhammad ‫ ﷺ‬has said:
Surely Islam demolishes all sins committed before it.
Q) Both Jews & Christians have historically claimed that Jesus died on the
cross. Why then does the Qur'an deny the crucifixion.
A) It is true that Jews and Christians claim that Jesus Christ died on the
cross, but there is no historical evidence to prove this. The Holy Qur'an has
specifically mentioned that the Jews were not able to crucify the Prophet Isa
‫ڠ‬, (Jesus Christ) rather they confused him with one of his companions, and
Allah raised him up before his crucifixion could have taken place.
Q) If Jesus was only a prophet like Muhammad, why was it necessary for
Chapter 02
96 Embracing Islam
him to be born miraculously without a Father and to be raised to Heaven

without dying. Surely, this makes Jesus far more superior to the prophets, such
as Muhammad, who did die on the 8th June 632 CE, and is still buried in a
tomb in Madinah to this day. If Jesus has not died (and never will), then the
Muslim claim, of Muhammad as the successor of Jesus is surely null & void.
A) Different miracles have been demonstrated by Allah through different
prophets and no miracle can be held as superior to any other miracle. It was
only on the basis of Allah’s discretion and requirements of the relevant time
that a particular miracle was chosen to be shown through a particular prophet.
Miraculous birth of Jesus Christ and his being raised to the heaven are the
miracles shown by Allah, but no miracle can prove the divinity of the prophet
through whom it was shown.
The Prophet Adam ‫ڠ‬, was also born without father, rather his birth was
more miraculous because he was born even without a mother, but nobody
can argue that he was god. According to the Christian belief, St. Paul has
mentioned about Melchizedekh that he was born without a father and mother.
He says about him:
"He is without father or mother or genealogy, and has neither beginning of
days nor end of life, but resembling the Son of God he continues a priest
forever." (Hebrews: 7:3)
He has expressly mentioned that Melchizedekh was like the Son of God in
that he was born without father; rather he has no beginning or end of his life.
Still, he has not been held by the Christians as god. This proves our assertion
that the miraculous birth of the prophet Isa ‫ڠ‬, (Jesus Christ) cannot be held
as evidence of his being god.
Similarly his being raised to the heavens cannot prove his divinity, neither
from Islamic point of view, nor according to the Christian principles. The
Islamic belief is that he was raised up by Allah Almighty. Had he been a god,
he never needed someone to raise him up. As for Christian principles, it is
claimed by the Bible that the prophet Elia or Elijah was raised to heaven long
before Jesus Christ. The Bible says:
"And as they still went on and talked, beheld, a chariot of fire and horses of
fire separated the two of them. And Elijah went up by a whirlwind into heaven.
And Elisha saw it and cried and he saw him no more." (2 Kings, 2:11)
Chapter 02
Embracing Islam 97
Not only this, the Israelites believed that Elijah will descend down from the
heaven at a particular time. That is why when the prophet Yahya ‫ڠ‬, (John
the Baptist) appeared, they asked him, "Are you Elijah". (See Gospel of John,
1:21).
So, despite the belief that Elijah was raised to heaven, the Christians do not
believe that he was god.
Similarly, according to the Bible, prophet Enoch was also raised up to the
heaven. The bible has said:
"Enoch walked with God; and he was not, for God took him." (Genesis: 05:24)
But nobody has ever claimed that Enoch was god. This is another evidence that
someone’s being raised up to the heavens does not prove that he is god. Therefore,
if the Muslims believe that Isa ‫ڠ‬, (the Jesus Christ) was raised to heaven, how
can it be argued that this is an evidence of his being a god.
So far as the question of succession is concerned, no Muslim has ever claimed
that the Holy Prophet Muhammad ‫ ﷺ‬was a successor of Jesus Christ. He was the
last in the chain of prophets that starts from the Holy Prophet Adam ‫ڠ‬, and ends
on the Holy Prophet Muhammad ‫ ﷺ‬. All of them preached the same fundamental
beliefs of Allah’s Oneness and the messengership of the prophets and the life
after death. If someone from among them was raised to heaven, it cannot stop the
following prophets from preaching these beliefs.
Q) Because Muhammad was a mortal man, he was prone to sin and needed to
repent his sins to Allah. The Qur'an teaches that even the prophets of God, such
as Abraham, Moses, David, etc. were guilty of sin. However, both the Qur'an and
the Bible testify to the sinlessness of Jesus and teach that Jesus was faultless and
holy and an example for all mankind. Surely this makes Jesus far superior to the
other prophets, including Muhammad.
A) According to the Holy Qur'an and Sunnah of the Holy Prophet ‫ ﷺ‬all
prophets are immune from committing sins. No prophet has ever committed a
sinful act in the correct sense of the term. However, at times these prophets have
done some acts that, though not included in the definition of sin in its exact sense,
were not held by Allah as befitting the high station of prophethood. Such acts may
be termed as slips and not sins. Being on a very high level of religious integrity,
they took such slips also as their sins because of which they turned to Allah to
Chapter 02
98 Embracing Islam
repent. According to the Islamic belief based on the Holy Qur'an and Sunnah,
this principle applies to all the prophets right from Adam ‫ڠ‬, up to the Holy
Prophet Muhammad ‫ ﷺ‬. The Holy Prophet Isa ‫ڠ‬, (Jesus Christ) is no exception
to this rule. Even according to the Bible, he refused to be called as ‘good’ or
‘righteous’. The Gospel of Mark states:
"And as he was setting out on his journey, a man ran up and knelt before him,
and asked him, "Good Teacher, what must I do to inherit eternal life." And
Jesus said to him, "Why do you call me ‘good’". No one is ‘good’ but God
alone." (Mark, 10:17, 18)
The event is also reported by Luke in his Gospel 18:18. Not only this, St. Paul
has used for Jesus Christ the words that no Muslim can imagine about him.
St. Paul says:
Christ redeemed us from the curse of the law; having become a curse for us -
for it is written: "Cursed be everyone who hangs on a tree." (Gelatians, 3:13)
Hence, the comparison mentioned in your question is not valid, neither
according to the Islamic beliefs nor on the basis of some Biblical texts.
Q) Why do Muslims acknowledge Jesus’ miraculous birth and sinless
life, (something that they cannot attribute to any other prophet, including
Muhammad) and yet they still deny the divinity of Christ.
A) Answer to this question has already been given in our answer to Question
No.5. To sum up, neither the miraculous birth can prove the divinity of a
person such as in the case of the Holy Prophet Adam ‫ڠ‬, nor can being
faultless prove the divinity of a person because, as explained earlier, all the
prophets were immune from sins but nobody can take them as God.
Q) If Muslims believe that Islam is rooted in the Jewish and Christian
religions, then why do they deny belief in a propitiatory sacrifice, when such
prophets as Noah, Abraham, Jacob and Moses practiced sacrifice. Id-ulAdha...
is it not an annual reminder to all Muslims of how Allah provided a ram as an
innocent substitute in order to be sacrificed as a ransom, for Abraham’s son.
A) Islam does not deny the propitiatory sacrifice as a form of worship.
However, this is restricted to three days on the occasion of Eid-ul-Adha during
which period sacrifice has been held as the most favorable form of worship. It
is true that it is a reminder of the sacrifice offered by the Prophet Ibrahim ‫ڠ‬.
Chapter 02
Embracing Islam 99
Therefore, whoever wishes to offer such a sacrifice, he can do it during these

three days. Since every form of worship must conform to the rules prescribed
for it by Allah it must be performed only on the times specified by Him. The
sacrifice recognized by Islam is restricted to these three days on the basis of
Allah’s command.
Q) Did Muhammad have the assurance that he was going to go to heaven.
A) Yes, the Holy Prophet Muhammad ‫ ﷺ‬has been assured by Allah
Sabhanahu Taala that he would go to heaven. This is proved by many verses
of the Holy Qur'an as well as through other revelations received by him and
mentioned in different Ahadith.
2.4 Clarifications sought on Qur'anic verses by a

Christian
Q) I read your book, "What is Christianity." and found it to be very interesting.

It motivated me to do a lot of thinking and research; in fact I even bought a
Koran and read all of it. From the list of credentials found in your book it
sounds as though you must have a very deep understanding of Islam and you
must be much respected in the Muslim community. For that reason I thought
you may be able to help me with some questions that I have.
1) In the Koran, in 23:14 it says humans were formed from a blood
clot, in 37:10 it says we were created from clay, in 19:67 it says we were
created from nothing but in 53:45, 46 it says that people are formed from
a drop of semen. Also in 7:54 and 32:4 the Koran says the earth was
created in 6 days but in 41: 9-12 it says the earth was created in 8 days (2
days plus 4 days plus 2 days for the seven heavens). Why does the Koran
contradict itself this way.
2) In 18:86 it says the sun rests in a muddy spring in the west but at
school I was taught that the sun rests in space and that the planets revolve
around it. Also in 37:6-10 and 72:8-9 and 16:13-18 and 67:5 and 86:2-3
the Koran says that meteors are a form of punishment where the meteors
are hurled at devils who might try to spy on the heavenly council. At
school we were taught that meteors are debris being burnt up by the
earth's atmosphere. Why does the Koran contradict science.
3) In 18:82 it says Alexander the great was a Muslim and lived to be
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old. However, history shows that Alexander believed that there are many
gods not one God and that he died when he was 33 years old, which is
very young considering that Abraham died when he was 175 years old
(Genesis 25:7). If the Koran was written by God why does it contradict
history.
4) The Koran says that the Koran is not the only book written by God
(3:3). It says that the Torah and the Injil (gospel) were sent by God. In
10:94-95 it says we should consult these scriptures if we are in doubt
about what has been revealed in the Koran.
5) In 18:28 it says no one can change God’s words. God is capable of
protecting His word, but I understand that Muslims believe that the Bible
has become corrupted because it differs from the Koran. If no one can
change God’s words as 18:28 says how were the Jews able to corrupt the
Torah as Muslims believe. Are Jews more powerful than God.
6) The Koran implies that the Torah was trustworthy at the time of Mary
(66:12), John the Baptist (19:12) and Jesus (3:48-50 and 5:113). It must
have been trustworthy even while the Koran itself was being written, as it
commands Jews and Christians to follow what had already been revealed
to them (5:47, 68) so they can enter Gardens of Bliss.
7) The Koran says that the Koran was not written because the Torah
and gospel had become corrupted but because there were Arabic speaking
people who could not understand the Torah or who did not have access to
the scriptures of the Jews and Christians (46:11-12 and 41:2-3 and 39:29
and 12:2). It doesn’t say that the Koran was needed to replace corrupted
scripture but that the Koran confirms the truth of the Torah and gospel
that came before it (10:37). If the Koran itself says that the Torah and
gospel are true why do Muslims believe that the Bible has been corrupted
and why don’t they read it, believe it and live it.
8) Also your book indicates that you do not believe that Jesus ever
indicated that He was God. However the following Bible verses lead me
to believe that He frequently indicated that He was God.
9) Matthew 4:10 Then Jesus said to him, "Away with you Satan! For it
is written you shall worship the Lord your God and Him only you shall
serve."
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10) Revelation 22:8-9 Now I, John, saw and heard these things. And
when I heard and saw, I fell down to worship before the feet of the angel
who showed me these things. Then he said to me, "See that do not do that.
For I am your fellow servant, and of your brethren the prophets, and of
those who keep the words of this book. Worship God.’’
11) Acts 10:25 As Peter was coming, Cornelius met him and fell down
at his feet and worshiped him. But Peter lifted him up, saying, "Stand up;
I myself am also a man.’’
12) From the above Bible verses we can see that it is wrong to worship
Satan, it is wrong to worship angels and that it is wrong to worship men.
All three verses say we must only worship God. Yet in Matthew 28:9 it
says: "And as they went to tell His disciples, behold, Jesus met them,
saying, "Rejoice!" So they came and held Him by the feet and worshiped
Him. Instead of Jesus saying: don’t worship me; only worship God; as
He did in Matthew 4:10, in the very next verse Matthew 28:10, Jesus
says, "Do not be afraid. Go and tell My brethren to go to Galilee, and
there they will see Me." In Matthew it says: "When He had come down
from the mountain, great multitudes followed Him. And behold, a leper
came and worshiped Him", saying, "Lord, if You are willing, You can
make me clean." Instead of telling the leper to only worship God, Jesus
says, "I am willing; be cleansed." Immediately his leprosy was cleansed.
In John 9:35-39 after healing a blind man it says: "Jesus heard that they
had thrown him out, and when he found him, he said, "Do you believe
in the Son of Man." "Who is he, sir." the man asked. "Tell me so that I
may believe in him." Jesus said, "You have now seen him; in fact, he is
the one speaking with you." Then the man said, "Lord, I believe," and he
worshiped him. Instead of Jesus saying: "only worship God", Jesus said,
"For judgement I have come into this world, so that the blind will see and
those who see will become blind."
13) In the Koran (3:155) it says that prophets cannot tell lies. The Koran
says that Jesus is a Prophet. These Bible verses which according to the
Koran have not been corrupted show that Jesus accepted worship from
men but if Jesus is not God but accepted worship anyway wouldn’t be
lying about who He was.
14) From the list of credentials in your book I understand that you are
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a judge. The Bible says that on Judgment day Jesus will be our judge
and that He will judge us concerning every deed we have ever done and
every thought we have ever thought whether it was done in public or in
private. The Bible says that if we have ever told a lie, stolen anything or
worshipped a false god we cannot go to Heaven. Jesus said that if you
look at a woman to lust after her you have committed adultery with her
in your heart (Matthew 5:28). Jesus is no eternal life abiding in you. The
Bible says that if you have ever committed any of these sins you will be
cast in Hell forever. (Revelation 21:7-8)
15) Some people believe that we can do whatever we want and God
will just forgive us but as a judge I’m sure you’ll understand that this
could not be true. Think of it this way, a man is standing in your court,
he is found guilty of murder. If you were to release this murderer without
punishing him you would be considered to be corrupt and you would
need to be judged yourself. God is not corrupt. He is just so when He sees
us in sin he must punish us, He can’t just forgive us.
16) Now just imagine this murderer standing in your court says to
you, "Judge I have done wrong but please accept this money and let me
go free." I am sure you would be quite angry because this murderer is
offering you a bribe, believing you to be a corrupt judge. Yet we can be
just like this murderer, some people believe that if they pay alms, pray,
fast or make a pilgrimage to Makkah God will forgive them of their sins
but don’t you agree that that would be offering God a bribe and assuming
that God is corrupt and can be paid off. Even if you can earn your way
into heaven by doing more good deeds than bad deeds how can you know
if you have done more good deeds than bad deeds. You won’t know until
you have died and by then it will be too late. Contrary to this way of
thinking the Bible says we cannot earn our way into Heaven. The Bible
says that nobody is good, nobody is righteous, that nobody seeks after
God and that all have turned away. (Romans 3:12). It is impossible for us
to not sin and none of the good things we do cancel out the bad things we
have done (if I murder someone giving money to charity will not make
up for it).
17) As a judge I am sure that you are allowed to decide what punishment
a criminal should receive. May be during your career you have decided
that a certain criminal must pay a sum of money as punishment for their
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crime. If you have, just imagine this criminal does not have enough
money to pay the fine, you could then decide to send the criminal to jail
instead of making him pay the money. Now imagine if the criminal’s
friend decides to pay the money on behalf of the criminal, do you agree
that the criminal could be set free from jail. It doesn’t matter who pays
the money as long as it gets paid. Well in real life the penalty for sin is not
paying money, according to the bible the penalty for sin is death, meaning
that because we are both sinners God says that you and I must die for
our sins and we will one day. However, 2000 years ago Jesus Christ,
who never committed sin, died on a cross for and for me and was then
resurrected because he decided to pay your death penalty and my death
penalty because he is so loving and merciful and kind (John 15:13). The
Bible says that we are forgiven of our sins and saved from Hell not by
doing good works but by believing in Jesus (Acts 13:39, John 20:31, Acts
16:31). This belief is counted as righteousness (Genesis 15:6).
18) Now, being a judge I am sure you would have experienced occasions
when you have justly punished a criminal and after he has fulfilled the
punishment you have let him go free only to find that the criminal re-
offends, committing the exact same crime that you just punished him for.
When this happens. I am sure it must be apparent to you that the criminal
has not learnt this lesson and is not truly sorrowful for the wrong things
he has done, even if he says with his mouth he is sorry his actions prove
he is not. Well God is very smart and when we apologize to Him for the
wrong things we have done He can tell if we are truly sorry by how we
live our lives. If we continue to sin it shows we are not sorry or grateful
for Jesus, death and God will not save us or forgive us. God only forgives
us if we ask him to forgive us and then prove to Him that we are sorry by
not sinning any more (repenting).
I would be interested to know what you think. Thank you very much for your
time and your book.
A) I am grateful for your kind letter, and glad to know that you have studied
my book "What is Christianity" and found it interesting which prompted you
to undertake further study and research. You have asked some questions, and
it is my pleasure to answer them in this letter.
1) Your first question is about the creation of man. In 23;14 the Holy
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Qur'an says that humans were formed from a blood clot, in 37:10 it says we
were created from clay, in 19:67 it says we were created from nothing, and
in 53:45,46 it says people are formed from a drop of semen. It appears that
you have found contradiction between these statements. The fact, however,
is that each one of these statements has referred to a different phase of
creation. In the beginning, man was nothing in the sense that he had no
existence at all. This is referred to in 19:67 in the following Qur'anic words:
"Does not the man remember that We created him before, when he was
nothing." Then, the first human being that is Adam ‫ ڠ‬was created from
clay, which is mentioned in 37:10 and in several other verses. After the
first human being, all others were created from a drop of semen, which
was developed into a blood clot, and after passing through different
stages,it took the form of a sound man. A comprehensive account of all
these stages of man’s creation is given by the Holy Qur'an itself in 23: 12-
14 in the following words. "We have created man from an extract of clay.
Then We made him a sperm-drop in a firm resting place. Then We turned
the sperm-drop into a clot, then We turned the clot into a fetus-lump, then
We turned the fetus-lump into bones, then We clothed the bones with
flesh. Thereafter We developed it into another creature. So, glorious is
Allah, the best of the creators."(The Holy Qur'an 23:12-14).
These verses describe different phases of creation, and it is some of these
phases that have been referred to in some other verses, but all of them
should be read in the light of this detailed account, which would certainly
reveal that there is no contradiction at all between different verses of the
Holy Qur'an in this respect.
Your second question is about the creation of earth. "In 7:54 and 32:4 the
Koran (Qur'an) says the earth was created in 6 days, but in 41:9-12 it says
the earth was created in 8 days (2 days plus 4 days plus 2 days for the
seven heavens). Why does the Koran contradicts itself in this way."
In fact, it is not the earth only that was created in six days, but the whole
universe including heavens, as is clear from the words used in 7:54, which
says: "created the heavens and the earth" and similarly from the words
used in 32:4 "created the heavens and the earth and what is between
them".
That the whole universe, including the heavens and the earth, was created
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in 6 days is also mentioned by the Holy Qur'an in 10:3, 11:7, 25:59, 50:38
and in 57:4. Now the verse 41:9-12 describes that earth was created in
two days, the mountains etc. found on the earth in, which raises the
total number of days consumed on the earth to four days. Moreover,
heavens were created in 2 days, and thus the total number for the whole
universe comes to the same six days as mentioned in other verses. The
misconception comes from the wrong interpretation of the verse 41:10
which says: "He has placed firm mountains in it (the earth) towering
above it, and put blessings in it, and proportioned its food therein, all in
four days, equal for those who ask."
Here reference to four days is inclusive of creation of earth, mentioned in
41:9, and of mountains and foods etc. It is an Arabic style of expression
in which the word (Fi) is used to give the total number of previously
mentioned items, but since this word lexically means ‘in’, it has been
translated accordingly, which may create misconception. In fact, the
account given by the Holy Qur'an is as follows, 2+2=4+2=6 and not
2+4+2=8. I hope this explains that there is no contradiction.
2) You have also referred to 18:86 which seemed to you saying that the
sun sets in a muddy spring. The actual words of the verse are as follows:
"So he (the king) followed a course, until when he reached the point of
sunset, he found it setting into a miry spring."(18:85-86) What it means
is simply that he reached the last populated area in the extreme West,
beyond which there was nothing except a muddy spring, and it seemed
to him that the sun was setting in a muddy spring. It does not say that the
sun actually sets in a spring, because the Holy Qur'an has itself mentioned
that both the sun and the moon float in an orbit. It says:
"He is the One who created the night and the day, and the sun and the
moon, each floating in an orbit."(21:33)
And:
"Neither it is for the sun to overtake the moon, nor can the night outpace
the day. Each one is floating in an orbit." (36:40) The words used here
clearly indicate that both the planets are always floating in an orbit, which
is very close to the modern discoveries that they are floating in the space.
This was declared at a time when it was generally believed that they are
fixed in the sky.
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As for amateurs, science tells us about their nature, and the Holy Qur'an
refers to their use and purpose of their creation. Therefore, there is no
clash between the Holy Qur'an and science in this regard.
3) In your next question, you say, "In 18:82 it (the Holy Qur'an) says
Alexander the great was a Muslim and lived to be old." In fact, the Holy
Qur'an did not name Dhul-Qarnain as Alexander anywhere. It has referred
to a king titled as Dhul-Qarnain. There is no slightest indication that he
was Alexander. However, some interpreters have wrongly opined that he
was Alexander. Some others are of the view that he was Cyrus of Persia.
Neither of the two views can be attributed to the Holy Qur'an.
4) Referring to a number of Qur'anic verses, you have concluded that
the Holy Qur'an has itself admitted Torah and Gospel as true scriptures
revealed by God, and that the Holy Qur'an verifies their contents. You have
asked why the Muslims do not believe in them. In order to understand the
Qur'anic standpoint about these scriptures, we will have to study what
Qur'an actually says about them. There are several verses affirming that
these were the divine books revealed to the previous prophets, and that
the Holy Qur'an confirms them. For example, while inviting the Jews and
the Christians to believe in the Holy Qur'an, it says:
"And have faith in what I have revealed, confirming what is already with
you, and do not be first to deny it, nor take a paltry price for My verses."
Italicized statements are also found in 46:30, 35:31, 5:48, 4:47, 3:3, 2:97,
2:91 and 61:6.
5-6) But on the other hand, the Holy Qur'an itself has mentioned that
distortion has occurred in these scriptures. For example, referring to the
Jews it says: "a group of them used to hear the word of Allah, and then
having understood it, used to distort it knowingly."(2:75)
And says, "So woe to those who write the Book with their hands and
then say, ‘This is from Allah’, so that they may gain thereby a trifling
price." (2:79), and says, "Among them there is indeed a group who twist
their tongues with the Book, so that you may deem it to be from the
Book, while it is not from the Book. They say ‘It is from Allah, while
it is not from Allah; and they tell lies about Allah knowingly." (3:78)
That distortion has occurred in these scriptures is mentioned by the Holy
Qur'an in 4:46, 5:13 5:15, 2:159 and 5:44 as well.
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A combined study of all these verses makes it clear that the Holy Qur'an
does not claim these scriptures are totally corrupted or distorted. It rather
says that some distortions have occurred in them. In other words, they
are partially, and not completely, distorted. As for the basic articles of
true faith, like belief in One God, condemnation of idol-worship, belief
in Allah’s messengers, in the divine books revealed to them, in their
miracles and in the prophecies about the prophets coming after Moses,
like the Holy Prophets Jesus ‫ ;ڠ‬or Muhammad ‫ﷺ‬, all these things were
present in these scriptures in some form, and it is these things about which
the Holy Qur'an says it has verified and confirmed them. The pagans of
Arabia did not believe in any one of these articles of faith, and these were
the basic points of difference between them and the Israelites. The Holy
Qur'an reminds the Jews and the Christians that instead of confirming
the beliefs of the pagans of Arabia, it confirms the basic teachings of
the divine books Israelites have with them. This is the import of verses
2 3:3, 4:47, 46:30 and 61:6, and it is this part of these scriptures that
the Holy Qur'an directs the Jews and the Christians in 5:47 and 5:68 to
follow. But it does not mean that no distortion has ever occurred in them.
Conversely, the Holy Qur'an expressly says some people have subjected
some parts of them to additions and omissions, and this is the import of
verses 2:79, 2:159, 3:78, 5:15 and 5:44 etc. that the Bible was subjected
to some additions and omissions is now a fact admitted even by many
modern Christian scholars, and is, fully evident from a comparative study
of its text. Details are beyond the scope of this letter. Only as a simple and
undisputed example, you may study the last chapter (34) of Deuteronomy
to find that Moses himself could not describe the events of his own death.
You have asked how the Jews were able to change Allah’s words in Torah,
while the Holy Qur'an itself says that no one can change Allah’s words.
In order to answer this question, this statement of the Holy Qur'an should
be understood in its proper context. This expression is used by the Holy
Qur'an in some of these places (like in 10:64) the phrase "words of God"
refers to what He has destined or promised to occur in future, and the sence
is that no one can change what Allah ‫ ﷻ‬has destined to happen. In some
of these verses, however, the phrase refers to the revelation received by the
Holy Prophet Muhammad ‫ﷺ‬. This is in answer to the suggestions given
by pagans of Makkah that if the Holy Prophet Muhammad ‫ ﷺ‬brings some
amendments in his teachings, they may cooperate with him. The Holy
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Qur'an in 18:27 directs him to refuse such suggestions and to assert that his
teachings are based on the divine revelation, and since no one is authorized
to change the commands given by Allah ‫ﷻ‬, he cannot change a single
word from this revelation only to please the pagans. None of these verses,
therefore, implies that distortion in past scriptures was impossible.
Another important point must also be remembered when discovering the
Qur'anic position about Torah and Injil (Evangile or Gospel). According
to the Holy Qur'an, Torah was not written by any human being. It was
word of God, given to Moses ‫ ڠ‬in the form of written tablets. This is
clear from the Bible itself and similarly, Injil was a word of Allah ‫ﷻ‬
given to Masih or Jesus ‫ ڠ‬as is evident from 5:46. Bible on the other
hand is a package of different books believed to be written by human
beings on the basis of inspiration. Although some of these books contain
what the Holy Qur'an describes as Torah and Injil, all of them are not
Torah and Injil according to it. Therefore, whatever is found in Old and
New Testaments cannot be attributed to the Torah or Injil that the Holy
Qur'an has confirmed as such.
7) It is not correct that the Holy Qur'an was revealed because the Torah
was corrupted or only because the pagans of Arabia needed an Arabic
book. In fact, revelation of fresh divine books was based on several
reasons. In fact, the fundamental articles of the true faith (like belief in
One God, condemnation of idol-worship, belief in Allah’s messengers
etc.) were consistently the same in every divine book, as is maintained by
the Holy Qur'an at many places like. However, some subsidiary rules of
worship, socio-economic precepts etc. have been changed by Allah ‫ﷻ‬
according to the needs and requirements of every time and place. New
divine books are revealed firstly to establish the unchangeable articles of
faith in a language and style that suit the mentality of new addressees,
secondly because these articles of faith are often distorted by wrong
interpretations or because the original books are lost or corrupted, and
thirdly to give new subsidiary rules that are more suitable to the new
space-time circumstances according to the divine wisdom. This point is
clarified by the Holy Qur'an. If you study the Sermon of the Mount, you
will find that Jesus himself announced some precepts of Torah as changed
in his teachings. All these factors, put together, were the reason why the
Holy Qur'an was revealed on the Holy Prophet ‫ﷺ‬.
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8-13) You have quoted some verses from Bible in which Jesus, John or
Peter have maintained that no one other than God should be worshipped.
Then you have quoted two events from Matthew where some people
worshipped Jesus, but he did not stop them. According to you, this
indicates that Jesus claimed himself to be God, and thus my statement
that Jesus did never claim to be God is not correct.
The first reference is Matthew 8:1-3, which you have reproduced as follows:
When he had come down from the mountain, great multitudes followed
him. And behold, a leper came down and WORSHIPPED him. Saying...
Your argument is based on the word ‘WORSHIPPED’. We do not know
the exact original word that has been rendered in your translation as
‘worshipped’. The ‘Good News Bible’ published by United Bible Societies
and claimed to be ‘accurate and reliable translation’ has rendered it as
follows: "When Jesus came down from the hill, large crowds followed
him. Then a man suffering from a dreaded skin disease came to him,
KNELT DOWN before him, and said..." In the Revised Standard Version
of Bible published by the British and Foreign Bible Society in 1971, the
relevant part of this verse is rendered as under: "... a leper came to him
and KNELT before him, saying..." Although in King James Version, the
word of Matthew 8:2 has been translated as ‘worshipped’, the same event
is mentioned in Mark 1:40, and the word used by King James Version
is ‘and KNEELING DOWN to him’. In Luke 5:12, the same event is
mentioned by the same King James Version as: "who seeing Jesus FELL
ON HIS FACE" which may refer to his helplessness and seriousness of
his disease. Another new translation titled as ‘The New English Bible’
published by the representatives of different churches and printed
by Oxford University Press in 1961; the relevant part of the verse
is translated as:"...a leper approached him, BOWED LOW, and said..."
‘Kneeling down’ and ‘bowing low’ or ‘falling on one’s face’ is not always
a way of worship. It is frequently used as a sign of reverence for someone.
If you have experience of courts of law, you might have observed the
advocates saying to the judge, "I bow before your lordship." They never
mean that they worship the judge. It is rather a sign of respect, reverence
and submission. Even if the word used in Matthew 8:2 is taken to mean
prostration, (as it is translated in Urdu version,) it does not necessarily
imply worship. Admittedly, the Holy Qur'an is the biggest proponent of
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‘worshipping Allah alone, and none else,’ but it has narrated that all the
angels were ordered by Allah ‫ ﷻ‬to prostrate before Adam ‫( ڠ‬See Al-
Qur'an 2:34, 7:11,17:61, 18:50 & 20:116). It never meant that the angels
were ordered to worship Adam. Similarly, when Israel ‫ ڠ‬his sons reached
Egypt to meet Yousuf (Joseph ‫)ڠ‬, all of them fell prostrate before him, as
mentioned by the Holy Qur'an (12:100). Obviously, they never intended
to worship Joseph, and his tacit approval to this prostration never meant
that he claimed to be God. This is sufficient to show that prostration was
sometimes intended to show one’s reverence towards another, and not
that he worships him as God. Please consider Mark 10:17-18, which
according to King James Version reads as follows: "And when he (Jesus
‫ )ڠ‬was gone forth into the way, there came one running, and kneeled
to him, and asked him, ‘Good Master, when shall I do that, I may inherit
eternal life. And Jesus said unto him, Why callest thou me good. There is
none good but one, that is, God." (Mark 10:17).
Here this person knelt before Jesus. Still, he called him ‘Good Master’
and not God, and Jesus admonished him to call only God as ‘good’ and
not him.
To sum up, the word used in Matthew 8:2 does not exclusively stand for
worshipping someone as God, and it is not enough to raise on its basis the
whole edifice of such a serious belief in respect of Jesus, while Jesus has
never claimed it throughout his life in this world. Conversely, he called
himself a son of Adam at innumerable places, (e.g. Matthew 8:20) and
invited people to believe in one and only God without giving a slightest
reference to himself. He made the following unambiguous announcement:
"Hear, O Israel; The Lord our God is one Lord." (Mark 12:29).
Jesus held it as the first and foremost commandment, as it is expressly
mentioned at the end of this verse and also in Matthew 22:36-40. Consider
also Mark 10:17 just quoted above.
He does not allow the use of ‘good’ for himself, and says that it is only
God who deserves to be called good. In Mark 13:32 he says that no one
knows about the exact time of Doomsday, not even the Son, but the Father.
Please see also Matthew 23: 9-10, 26: 36, 27:46, John 14: 24 and 14: 28
where you find that Jesus used to treat himself as human being before
his God. How can the ambiguous word of Matthew 8:2, having different
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translations and possibilities, negate the overwhelming evidence that

Jesus always presented himself as a man believing in One God.
14-18) Lastly you have raised the issue of Atonement. You have asked
me as a judge whether I can let off a criminal by accepting bribery from
him. My answer is certainly ‘no’ but if I feel that he has really repented and
mended himself I can take it as a mitigating circumstance for giving him
a ‘lighter punishment’ within the law, and if I am an absolute authority,
not bound by anyone, I may forgive him too. But there is one thing that
I can never do: If someone offers me that he is prepared to serve the
sentence of that criminal on his behalf, I would never allow him to do
that. Similarly, if I have ten murderers sentenced to death, and a single
person requests me to hang him alone instead of ten, I would never allow
it, nor would any sound judge do that, because this would be against all
norms of justice to punish one for the guilt of another, or punish a single
person in ransom for ten. It is even against the Bible, which says, "The
soul that sinneth shall die. The son shall not bear the iniquity of the father,
neither shall the father bear the inquiry of the son." (Ezekiel, 18:20).
The same principle is established by the Holy Qur'an in the following
Words:
"No bearer of burden shall bear the burden of another." (6:164, 17:15,
35:18, 39:7) and it is mentioned in 53:38 that this principle has been
declared consistently in all earlier scriptures, including the scriptures of
Abraham and Moses. You say that a third person can pay the fine imposed
on a criminal, but you missed to realize that this principle cannot be
extended to physical punishments, and no sound legal system has ever
allowed to impose a physical punishment upon an innocent person instead
of the real culprit, though with the free will of that innocent person.
The belief that Jesus was crucified on behalf of the entire humanity is,
therefore, against all norms and principles declared by the divine books
and admitted by all ethical systems.
After a careful reading of your points in this regard, I am of the opinion
that perhaps you did not have an opportunity to study that part of my book
which has discussed this issue. It also appears that two basic concepts of
both Islam and Christianity are not clear in your mind. Please allow me
to explain these concepts:
Chapter 02
112 Embracing Islam
Firstly, most of the common Christian presume that, according to the

Christian concept of Atonement, crucifixion of Jesus has expiated
all the sins of the Christians, including the sins they commit today in
their daily life. But this is not a correct understanding of the Christian
doctrine. According to the Christian authorities, like Augustine and
Thomas Aquinas, it is only the Original Sin that has been expiated by the
crucifixion. After the Original Sin is expiated, their free will is restored
to them.
Now, after baptism, they have entered a new life in which they are
accountable for the deeds they do with their free will. It is not therefore
correct to say that if a person commits murder or adultery today, he will
be relieved from any divine punishment because Jesus has been crucified
on his behalf. References to this interpretation of Atonement are fully
given in my book. Once this concept is clear, all that you have said on this
subject stands answered. Secondly, you have presumed that, according
to Islamic belief, every sin is forgiven by some acts of worship, like
prayer, fasting, pilgrimage to Makkah or any charitable act. This is not
correct. In fact, it is only minor sins or mishaps that may be forgiven
by such acts, but major sins, like murder, adultery, fornication, burglary
etc are not forgiven by such good acts. Their worldly punishments are
never forgiven. However, their divine punishment in the next life can
be forgiven only by true repentance. This principle is established by the
Holy Qur'an itself. See 4:31 and 4:17, and I think the Bible is not much
different from it on this issue. The Bible says, "But if the wicked will
turn from all his sins that he hath committed, and keep all my statutes,
and do that which is lawful and right, he shall live, he shall not die. All
his transgressions that he hath committed, they shall not be mentioned
unto him: in his righteousness that he hath done he shall live. Have I any
pleasure at all that the wicked should die." (Ezekiel 18: 21-23).
I apologize for this lengthy letter, but the points you raised could not be
answered in a shorter way. I hope you will consider my submissions with open
mind. I am not in favor of debate for the purpose of debate, but I am always
open for any search of truth. I thank you again for your kind letter.
Chapter 03
Salah 113
CHAPTER
03
3.1
Salah
Importance of Salah 116
3.1.1 Importance of Salah and observing rights of others 116
3.1.2 Abandoning Salah and its implications 117
3.1.3 Fulfilling all obligations simultaneously 117
3.1.4 Was Salah obligatory on the previous Ummahs 118
3.2 Determining the direction of Qibla 118
3.2.1 Direction of Qibla & how to determine it 118
3.2.2 How to perform Salah where Qibla is not known 119
3.3 Timing of various Salah 120
3.3.1 Time for Fajr & Isha 120
3.3.2 Last time for Fajr & Asr prayers 120
3.3.3 Time of Maghrib Salah 120
3.3.4 Prayer times in places where twilight persists all night 120
3.4 Prayers in Mosques 121
3.4.1 Salah with Jama’ah and 27 times reward 121
3.4.2 Tahiyyat-ul-Masjid Prayers before Fajr & Asr 123
3.4.3 Praying two Rak’at before Maghrib Jama’ah 123
3.4.4 Azan and iqamah in small Jama’ah 124
3.4.5 Takbeer can be given by the Imam 124
3.4.6 Role of Khateeb 124
3.4.7 Waiting for Imam to lead the prayers 124
3.4.8 Praying behind a person without a beard 125
3.4.9 Join congregation immediately 125
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114 Salah
3.4.10 Joining Jama’ah when late 126

3.4.11 Completing Salah joining Jama’ah midway 126
3.4.12 Joining as muqtadi to someone praying on his own 127
3.4.13 Praying Nawafil Salah in congregation / Jama’ah 128
3.4.14 Congregational supplication 129
3.4.15 Tasbeeh after Farz prayers 129
3.5 Prayers of women 130
3.5.1 Congregational prayers of women 130
3.5.2 Congregational dua led by a female 134
3.5.3 Night-out for Women in Mosque 134
3.5.4 The time of Salah for women 134
3.6 Jumu’ah prayers 135
3.6.1 Timing of the Khutbah of Jumu’ah 135
3.6.2 The language of the Khutbah of Jumuàh 136
3.6.3 The number of Rak’at in Jumuàh prayer for men and women 136
3.6.4 More than one Jumuàh prayer in same Masjid 137
3.6.5 Offering Jumu’ah prayer in a small group on their own 137
3.6.6 Organizing Jumu’ah prayer near the workplace 138
3.6.7 Jumuàh Prayer In prisons 139
3.6.8 Jumuàh prayer while Travelling 140
3.6.9 Jumuàh prayer for employees of non-Muslim employers 140
3.6.10 Praying Sunnah Salah before and after Jumu’ah prayers 140
3.6.11 Missing Jumuàh and Eid prayers where there is no Mosque 144
3.7 Qasr prayers whilst travelling 144
3.7.1 When does a Safar (travel) start 144
3.7.2 Qasr at airport 144
3.7.3 Offering Salah in plane 145
3.7.4 Frequent visits to the same place of travel 146
3.7.5 Overstay from the days originally intended 146
3.7.6 Relocation and the Qasr Salah 147
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Salah 115
3.7.7 Qasr prayers whilst visiting home country 148

3.7.8 Qasr prayers whilst traveling within the home country 148
3.7.9 Sunnah-Salah whilst travelling 148
3.8 Qaza for missed prayers 149
3.8.1 Estimating Qaza prayers 149
3.8.2 Performing Qaza prayers 149
3.8.3 Fidya for missed prayers 150
3.9 Isha, Tahajjud & Taravih prayers 150
3.9.1 The four Rak’at before the prayer of ‘Isha’ 150
3.9.2 The Du’a of Qunoot 152
3.9.3 Tahajjud prayers 153
3.9.4 Reading from Qur'an whilst leading Taravih prayers 154
3.9.5 Leading Taravih prayers at two places 154
3.9.6 Correcting an Imam in Taravih & offering Witr with two salaams 154
3.10 Istikharah (prayer to reach a right decision) 156
3.10.1 What is Istikharah and its true place in decision making 156
3.10.2 Repeating the Istikharah 157
3.11 Sajdah of Sahw 158
3.11.1 Sajdah of Sahw by an individual praying in congregation 158
3.11.2 Sajdah of Sahw for errors whilst performing Salah 159
3.11.3 When doubtful on how many Rak’at one has performed 160
3.12 Praying Salah correctly 161
3.12.1 ‘Niyyah’ of Salah is the ‘intention of heart’ (not words) 161
3.12.2 Eyes should be on the spot of Sajdah in Salah 162
3.12.3 Movement of tongue & lips necessary in Salah 162
3.12.4 Reciting with moderate loudness when praying individually 162
3.12.5 Supplication (du’a) in Sajdah 163
3.12.6 Covering head in prayer 164
3.12.7 Praying Namaz (Salah) while sitting on chair 164
3.12.8 Qaumah and Jalsah in Salah 165
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116 Salah
3.13 Mosques, its operations & administration 166

3.13.1 Keeping Mosques open in Pandemic 166
3.13.2 Management of the Mosques 167
3.13.3 Misuse of loudspeaker 169
3.13.4 Can a Mosque be sold or used for any other purpose 173
3.13.5 All the area of a Mosque remains a Mosque forever 176
3.13.6 Re-construction of the Mosque & funds from non-Muslims 177
3.13.7 Parking Lot in the Mosque Premises 177
3.13.8 Praying in a Mosque built from interest-based finance 178
3.13.9 Hiring a paid Fundraiser to collect funds for the Mosque 179
3.13.10 Organizing events to raise funds for Mosques 179
3.13.11 Investing in Halal stocks by a Mosque fund 180
3.13.12 Name of the Mosque including various functions 181
3.14 Other topics 181
3.14.1 Sleeping after Fajr prayers 181
3.1 Importance of Salah
3.1.1 Importance of Salah and observing rights of others

Q) When I preach for "Salah" with my colleagues and family members they,
in reply, say that the real value is of the "rights of men" and then comes "rights
of Almighty". Therefore "Salah", in their point of view, is secondary in value.
Can a Muslim without prayers go to Heaven. As questions about "Salah"
would be primary on the "Day of Judgment".
A) Islam has a set of codes to be followed by every practicing Muslim. Some
of them relate to the rights of Allah while the others are in respect of the rights
of the servants of Allah. Both should be obeyed and practiced and it is not
correct to say that one type i.e. the rights of mankind should be performed
first and the rights of Allah at a later stage. Therefore, performing Salah is the
Chapter 03
Salah 117
foremost obligation one has to observe it at the same time he must observe the
rights of human beings as well.
3.1.2 Abandoning Salah and its implications

Q) Please tell me if a man of sound mind, without any reasonable cause, of
religious duties and refuses to offer both Friday and Eid prayers, will he be
excluded of Islam. Or we doubt his faith, on being a Muslim.
A) It is grave sin to abandon Salah or other religious duties, Sayyidina
Muhammad ‫ ﷺ‬has declared that Salah is a Pillar of Islam, whoever establishes
this pillar he is like the one who established the faith and whoever demolishes
this pillar is like the one who demolishes the faith. Therefore, every Muslim
is duty bound to perform Salah at its due time. However, in the light of Holy
Qur'an and Sunnah the Muslim scholars are unanimous on the point that this
sin despite its gravity does not expel a person from Islam and such a person
cannot be termed as a Kafir.
3.1.3 Fulfilling all obligations simultaneously

Q) It is reported in Shamaa’il Tirmidhi Hadith (294) that the Sahabi
‘Abdullah ibn ‘Amr ibn ‘Aas ‫ ﭬ‬made up his mind that he would strive to
intensify his devotions, and he did such by fasting each day and praying all
night. His father became upset about this and went to Sayyidina Rasullalah
‫ ﷺ‬and complained. Sayyidina Rasullalah ‫ ﷺ‬called ‘Abdullah and asked him:
"I have heard you always fast during the day, and stand in prayer the whole
night." He replied: "Yes" thereupon Sayyidina Rasullalah ‫ ﷺ‬replied, "Do not
do so, but fast sometimes, and abstain sometimes. In the same manner do
perform Salah at night, and sleep too". Can you explain what is meant by this
underlined portion please.
A) The meaning of the Hadith is more than clear. The Holy Prophet ‫ﷺ‬
has emphasized on the fact that Islam has enjoined upon a Muslim certain
obligations and all of them should be fulfilled by him simultaneously. It is not
right to concentrate on one aspect only and ignore all others. If someone fasts
the whole year and stands up in prayer the whole night, it is evident that he is
not fulfilling the obligations towards his wife and children. It is specifically
mentioned in the said event about Sayyidina Abdullah ibn Amr ‫ ﭬ‬that on
a query made by the Holy Prophet ‫ ﷺ‬from his wife, she told him that her
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118 Salah
husband does not spare any time for her. It is in this context that the Holy
Prophet ‫ ﷺ‬stopped him from this practice and drew his attention towards
fulfilling all obligations, including the obligations towards his wife, children
and other individuals of the community.
3.1.4 Was Salah obligatory on the previous Ummahs

Q) The five times Salah (Namaz) is obligatory on the Muslims. Was it also
obligatory on other Ummahs.
A) It is evident from the study of the Holy Qur'an and Sunnah that the Salah
(prayer) was also obligatory on all the previous prophets and their followers,
but there is not authentic record available to show the exact form of prayers
enjoined upon different prophets. Similarly, it cannot be said with certainty as
to how many times in a day they were ordered to perform prayers. There are
some reports giving some details in this respect, but they are too weak to be
relied upon.
3.2 Determining the direction of Qibla
3.2.1 Direction of Qibla & how to determine it

Q) We need your Fatwa (in Arabic, Urdu and English) on the following three
Fiqhi Issues.
1) The Time of Salah al-Zuhr, (What is the beginning, the end of the
Zuhr time and what is the definition of Zawal.)
2) The Qibla’s direction, (Should the Qibla be identified by the strict
directions West, East, North and South only. Are other directions such as
Northeast and Southwest also considered. Should the shortest direction to
Makkah be considered as a reference to define Qibla.)
3) The means to measure the Salah time and the direction of Qibla,
(Is there any Haraj in using Watches, Prayer Calendars and Compasses
to identify Salah time and Qibla’s direction.) Your Fatwa attached with
opinions of the four Mazhabs and Ijma is highly appreciated.
A) I received your fax letter having certain questions the answers of which
are given below:
Chapter 03
Salah 119
1) The time of Zuhr Prayer begins immediately after Zawal. Zawal

means the decline of the sun towards the west during its daily orbit.
2) The Qibla is not necessarily identified by the strict direction of west,
east etc but they can also be in the northeast or northwest according to the
geographical position of each place. It should be tried to know the exact
direction of Qibla, however, an approximate direction may also serve
the purpose of Salah so much so that deviation from the exact direction
of Qibla up to 45 degree is held to be negligible which means that if
somebody offers Salah to a direction which is within 45 degree from the
exact direction of Qibla, Salah will be acceptable.
3) There is no bar against using watches, compasses or calendars to
identify Salah time and Qibla’s direction in so far as they are correctly
designed, and accurate.
3.2.2 How to perform Salah where Qibla is not known

Q) Sometimes we are at a place where we do not know the exact direction of
Qibla. How should we perform Salah in such places. Can we use the scientific
instruments to find out the direction of the Qibla. What should we do if we do
not have such instruments.
A) Certainly one can use the scientific instruments to find out the accurate
direction of Qibla. However, if somebody is at a place where he has no such
instruments nor can he find anybody to tell him the correct direction of the
Qibla, he should to the best of his ability find out the direction by estimate.
After doing his best, he can offer his prayer facing a direction which seems to
him more correct; his Salah will be acceptable in Shari'ah.
In this case, even if it is learnt after performing Salah that the correct direction
was otherwise, the Salah is acceptable, and the same need not be performed
again.
It should, however, be kept in mind that this rule is applicable only to a person
who has done his best to find out the correct direction of the Qibla. Conversely,
if he has not applied his mind to ascertain the Qibla and performed Salah
carelessly to any direction, his Salah is not acceptable in case he has performed
it facing a wrong direction.
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120 Salah
3.3 Timing of various Salah
3.3.1 Time for Fajr & Isha

Q) Living here in Washington DC, USA I would like to know if we should
perform Fajr and Isha at 15 degrees or 18 degrees. Below is an excerpt from
Khalid Shaukat’s website. He is an expert in astronomy here in the USA and
hold the opinion that we should use 15 degrees. I have also asked other Islamic
Astronomists and they said that the 18 degrees is the safer of the two. Please
spread some light in this issue.
A) After a good deal of research and continuing observation my father Mufti
Mohammed Shafi ‫ ﭬ‬as well as other 99% of the Ulama in Pakistan and India
are unanimous on the point that the time of Fajr and Isha begins when the sun
is 18 degrees below the horizon.
3.3.2 Last time for Fajr & Asr prayers

Q) What is the last time for Fajr & Asr prayers.
A) The last time for Fajr and Asr prayers is the time for sunrise and sunset
respectively i.e. one can pray Fajr up to just before the sunrise time and one
can pray Asr up to just before the sunset time but, if there is no valid reason
it is makruh to delay the Asr Salah to a time after the sun becomes pale and
one can look at it easily without being dazzled. However, one should wait for
eleven (12) minutes after sunrise before offering Ishraq prayers.
3.3.3 Time of Maghrib Salah

Q) Would it be makrooh to delay the Maghrib Salah till the stars begin to
twinkle.
A) Yes, it is makrooh to delay the Maghrib prayer till the stars begin to
twinkle.
3.3.4 Prayer times in places where twilight persists all night

Q) 1) Due to persistence of twilight all night in summer, there is no true
dawn (subh sadiq) in England, should we not copy the nearest city that
has the true times in terms of the amount of time by which dawn in that
Chapter 03
Salah 121
city precedes sunrise there. Thus if true dawn (subh sadiq) in this nearest
city precedes sunrise by 90 minutes, one’s own subh sadiq occurs 90
minutes before sunrise in one’s own city.
2) Calculating prayer time in countries which have extreme northerly
latitude has become an issue of conflicting opinions. Should we then not
pray at the same time as the closest city that has the true times, though
for each degree of longitude that this closest city lies to the east of our
location, the prayer time of the city will arrive earlier than at one’s own
position by four minutes, and one may compensate this error factor by
praying after its time by four minutes, or before its time by four minutes
for each degree it lies to the west.
A) 1) There are different ways to offer Isha prayer in England or any other
northern areas where the twilight persists all the night and where there is
no true dawn. One of these ways is to calculate according to the nearest
city where Shafaq disappears at any point of time in the night. I have fully
discussed this issue in the 6th volume of my Takmela Fathul Mulhim
which you can consult.
2) The issue of performing prayers in extreme northern latitudes is also
discussed in detail in my above-referred book. One of the suggestions
conforms to what you have suggested but there are other ways also.
3.4 Prayers in Mosques
3.4.1 Salah with Jama’ah and 27 times reward

Q) According to Ahadith, if one prays Namaz with Jama’ah (i.e. two or more
people praying together with one being Imam and the other(s) being Muqtadi),
then one gets Sawab equivalent to 27 times as opposed to praying namaz
individually, without Jama’ah.
Our physical situation with respect to offering namaz with Jama’ah is as
follows:
- Near our office, 10-minute walk away, there is a mosque.
- Also, for everyone in our office building there is a special dedicated room/
hall for daily namaz with Jama’ah by an appointed Imam, however, normally
only Zuhr and Asr prayers are held there during working days only.
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122 Salah
- Sometimes we pray in our office room itself along with some colleagues
but forming a Jama’ah.
I have the following questions in this respect:
1) Do we get 27 times Sawab for Jama’ah Namaz in all the three
situations described above i.e. in the proper mosque or prayer room/hall
in office building or in office room with colleagues.
2) If one prays namaz at home with the husband leading the prayer and
the wife being a muqtadi, is that allowed and counted as Jama’ah earning
27 times Sawab.
3) What about namaz by women, who are not obligated to go to mosque
and are encouraged to pray at home, do they earn 27 times Sawab whilst
praying individually at home.
A) 1-2) The preferred position is that the multiplied reward promised for
Salah is given on praying with Jama’ah, even in other places other than
the Masjid. However, Jama’ah in the Masjid is Sunnah, and to leave it
without valid reason is inappropriate and deprivation of the blessings of
the Masjid. In fact, it is a sin to make it a permanent habit of leaving the
Jama’ah of the Masjid, even though one prays in Jama’ah elsewhere.
3) Yes, it is hoped that women will receive the reward of Jama’ah when
they pray individually at home.
)837 /3( ‫ىف مشكاة المصابيح مع المرقاة‬
‫ "صالة المرأة يف بيتها‬:‫ قال رسول اهلل صىل اهلل عليه وسلم‬:‫ قال‬،‫وعن ابن مسعود رضي اهلل عنه‬
.‫ رواه أبو داود‬."‫ وصالتها يف مخدعها أفضل من صالتها يف بيتها‬،‫أفضل من صالتها يف حجرتها‬
)831 /3( :‫وفيه‬
‫ "صالة الجماعة تفضل صالة الفذ بسبع‬:‫ قال رسول اهلل صىل اهلل عليه وسلم‬:‫عن ابن عمر قال‬
‫وعشرين درجة" متفق عليه‬
:‫وىف المرقاة تحته‬

‫ عىل صالة الواحد الذي ترك‬:‫ أي‬،‫ بمعىن المنفرد‬،‫ الفرد‬:‫ أي‬،‫ بتشديد الذال المعجمة‬: )‫(صالة الفذ‬
‫ ففيه إشارة إىل‬.‫ انتىه‬،‫ انفرد وشذ عمهن‬:‫ أي‬،‫ يقال فذ الرجل من أصحابه‬:‫ قال الطييب‬،‫الجماعة‬
‫أن الواحد إذا صىل منفردا بعذر يحصل له ثواب الجماعة‬
Chapter 03
Salah 123
3.4.2 Tahiyyat-ul-Masjid Prayers before Fajr & Asr

Q) Before prayers and after entering Mosques, many Muslims pray ‘Tahiyat-
ul-Masjid’. Is it prohibited in Fajr and Asr prayers (before and after Adhan).
A) Tahiyatul Masjid may be performed before Asr but not after Asr. In the
case of Fajr, Tahiyatul Masjid can neither be performed before Fajr nor after
it. The reason is that the Holy Prophet ‫ ﷺ‬has forbidden any prayer after Fajr
and after Asr except the obligatory prayers. Similarly, he has forbidden any
prayer after daybreak except the two Rak’at of Sunnat. These prohibitions are
mentioned in authentic Ahadith reported by a number of Sehah.
3.4.3 Praying two Rak’at before Maghrib Jama’ah

Q) As you know, in Saudi Arabia, Maghreb prayers are usually offered ten
minutes after the call for prayers. I have recently seen one Hadith which can
be rendered into English as "No one should sit in the Mosque until he has
offered two Rak’at." Agreed by all. Also, I have heard a Hadith which can be
rendered into English as "Supplication between the azan and the call for the
prayers is always answered".
Does that mean that we should or we can offer two Rak’at prayer after the call
for the Maghreb prayer but before the congregation starts and supplicate.
A) The Holy Prophet ‫ ﷺ‬has emphasized in a number of Ahadith that the
Maghreb prayer should be offered as soon after the sunset as possible. On
this basis the Hanafi jurists are of the view that the Maghreb prayer should
be offered immediately after Adhan without any intervening prayer as nafl.
However, other jurists are of the opinion that it is advisable to offer two
Rak’at as nafl before the Maghreb prayer. The present practice in Makkah and
Madinah is based on this latter view. Now, when the gap of about ten minutes
is, in any case, available for every person who prays in the Haram, one can
avail of this opportunity by praying two Rak’ats before the Jama’at, and there
is no bar against it in Shari’ah, even in the Hanafi school, because they prefer
to avoid any nafl before the Maghreb prayer only to refrain from delaying
the obligatory prayer. But when the obligatory prayer is bound to be delayed,
according to the current practice in Haram, it is pointless to avoid the nafl
prayer. So one can offer nafl before Maghreb while praying in Haram.
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3.4.4 Azan and iqamah in small Jama’ah

Q) While living in North America, we often perform Salah with Jama’at in
our houses, shops, parks etc. Sometimes the number of participants does not
exceed 2-3 persons. Is it necessary for us in these prayers to say Azan and
lqamah.
A) Yes, Azan and lqamah both are Sunnah even when the number of the
participants in Salah is very small. The Holy Prophet ‫ ﷺ‬once advised any
two persons going on journey that whenever the time of ‘Salah’ comes, they
should say Azan and lqamah and then perform Salah.
3.4.5 Takbeer can be given by the Imam

Q) For starting the congregation prayers can the Takbeer be given by the
Imam.
A) Yes, it is permissible.
3.4.6 Role of Khateeb

Q) The Vice Chancellor has made a committee out of the syndicate including
myself to ascertain the duties of assignments of a Khateeb. I will be highly
grateful that you kindly guide us with the duties of Khateeb and oblige. Your
letter in this respect will be highly helpful to support such a religious scholar.
A) In fact the Shari’ah did not prescribe any specific duties of a Khateeb
except to deliver Khutba of Friday and lead prayers. However, it depends
on the terms of the contract the management of a Mosque agrees upon with
a particular Khateeb. Both the parties may agree on the duties assigned to a
Khateeb. However, the duties should preferably be relevant to the objectives of
a Masjid or Madrasa and should be determined keeping in view the respectful
status of a religious scholar.
3.4.7 Waiting for Imam to lead the prayers

Q) In our local Masjid there are some people who regularly occupy the first
row. When it is time for Salah they all stand up, even if Imam Sahib is not
here. They do not even wait 30 sec. They then find a Hafiz and make him lead
Salah.
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Salah 125
A) It is better that the people wait for the regular Imam as much as they can,
however, if the regular Imam is late and some people cannot wait for some
necessary work they can request any eligible person to lead the prayer.
3.4.8 Praying behind a person without a beard

Q) In this country, lot of masajid do not have an appointed Imam. Whoever
knows more Qur'an gets ahead to lead the Salah. Sometimes people without
beard or with short beard and or without topi (head covering) lead Salah. This
also happens in the absence of an appointed Imam. A person with no beard
(one who shaves it off), can he lead Salah when another is available who has
beard but knows less Qur'an then the first one.
A) It is necessary that the person chosen for leading the prayer is a true
follower of Sunnah. However, if there is not such person available, then
praying behind an unqualified person is better than praying alone.
Q) I am in Bahrain. Allah has gifted me with a Shar’ai beard. Over here
usually the Imaams in a Mosque are more than one. So some of then have a
Shar’ai beard and some of them have a non-Shar’ai beard.
My question is that is it allowed for men with Shar’ai beard to offer Fard
Salaat behind Imaams with a non- Shar’ai beard. And if it is not allowed then
what do you propose that I should do in order to continue to offer Fard Salaats
in the Mosques over here which definitely have more rewards and bounties.
A) If you cannot find an imam who follows the Sunnah, then praying behind
such an imam is better than praying without Jama’at (congregation).
3.4.9 Join congregation immediately

Q) A person joins the congregation after the Imam has performed the Ruku’
and he stands in the row and waits for the Imam to rise for the next raka’ah
since he knows that he has lost the Ruku’ and therefore, the raka’ah too. Is this
correct.
A) No. He should go for sajdah after the Imam immediately. He should
not wait for the Imam to rise for the next raka’ah. This has been explicitly
prohibited in Hadith.
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3.4.10 Joining Jama’ah when late

Q) It is common observation these days that a late joiner of congregation
would join in by saying the takbir (Alahu-Akbar) and go for Ruku’ (bending
position) without making it a point to observe Qiyam (standing position). At
times, the essential takbir, because of this hurry, is dragged into the Ruku’,
where it does not belong. Given this situation, will the Salah be valid.
A) This rakah will not be counted as valid. Standing, even if it be for a while,
and saying Allahu-Akbar in that standing position is necessary. One goes for
Ruku after having done that.
3.4.11 Completing Salah joining Jama’ah midway

Q) If one joins the congregational prayer late (i.e. in 3rd or 4th Rak’at) what
is the proper way to complete the prayer. In which Rak’at he has to recite a
Surah and in which Rak’at he has to sit after sajdah.
A) A person who has not joined a prayer in the first Rak’at is called a
‘Masbuq’. He has to complete his prayer after the Imam has finished his
prayer. A ‘Masbuq’ has to observe the following rules while completing his
prayer:
- He should not make Salam with his Imam; rather as soon as Imam
completes his first Salam he should stand up to complete his prayer.
- By completing his own prayer, a ‘Masbuq’ shall perform all the
acts of prayers in the same manner as he has to perform while praying
individually.
- In the matter of recitation of Surah he shall follow his own number
of Rak’at i.e. if he has missed two Rak’at with the Imam and has stood up
to complete these remaining Rak’at, he will have to recite Surah in both
of them because these Rak’at will be deemed to be his first and second
Rak’at and his performance with the Imam will be deemed to be third and
fourth.
- Likewise, if he has missed three Rak’at and performed only one
Rak’at with the Imam, then while performing the remaining three Rak’at,
he will recite Surah in the first two Rak’at only and will not recite in the
third.
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- However, in the matter of Qa’dah (sitting for Tashahhud), he will

follow the number of Rak’at he has actually performed whether with the
Imam or on his own. Therefore, if he has missed three Rak’at and has
performed only one Rak’at with the Imam, then he will have to sit for
Qa’dah right in the first Rak’at while completing his own prayer, because
this is actually his second Rak’at as combined with the one performed
with the Imam, and since Qa’dah is obligatory after every two Rak’at
he has to make Qa’dah right there and he will not sit in the next Rak’at
because it is actually his third Rak’at.
In the light of aforesaid rules, if a person has missed three Rak’at and joined
only in the fourth Rak’at with the Imam, he will not follow the Imam in his
Salam and will stand up to complete his remaining three Rak’at and in the first
Rak’at he will recite Surah and after completing sajdah he will sit down to recite
Tashahhud, then he will rise up and will recite the Surah again. He will not sit
in this second individual Rak’at. Then in the third, he will not recite a Surah and
will sit down after sajdah to complete his Tashahhud and Salam. I hope this will
be enough to explain the way in which a ‘Masbuq’ has to complete his prayer.
Q) I came to Jama’at a little late for Maghreb prayer and when I joined,
the congregation had gone into Ruku of the 3rd Rak’at. Having forgotten by
mistake I prayed 3 Rak’ats after the Imam made the Salaams. Should I make
up my prayer.
A) If you had sit in your 3rd (second last) Rak’at you should have made
sajdah for sahw. If you did not make such a sajdah or did not sit in 3rd Rak’at
you must repeat the prayer.
Q) As regards an individual who joins the Jamaat prayer late, we realize that
he must make up what he has missed. For instance, one who joins Maghreb
Jamaat in the second Rak’at must make up the first Rak’at missed after the
Imam leaves his Salah. However, would this person who is making up his first
Rak’at recite audibly or silently.
A) While making up the missed Rak’at of a Jamaat, one does not recite
audibly, rather he should recite silently as he does normally in prayers.
3.4.12 Joining as muqtadi to someone praying on his own
Q) For those who follow the Hanafi Fiqh, please advise what to do in the
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128 Salah
following situations which occur quite commonly in Malaysia (where most

people follow the Shafi'i Fiqh):
1) Sometimes if we join the congregational Salah in the masjid a bit
late and then get up to complete the Salah after the Imam gives his Salam,
there are other Muslims (most probably have just come inside) and who
now follow you as their Imam but in fact I was myself a ‘masbuq’.
2) Also sometimes when we are offering Sunnah Salah in the masjid
(after the main Jama’at), people who come late try to join you and make a
Jama’at behind you. How do we indicate to them that we are only making
Sunnah Salah.
In both the above situations, the people who treat you as their Imam expect
you to say the takbeer loudly (for ruku, sajdah etc.) so that they can follow
suit. What do we do in such situation. Please advise.
A) In both the two situations mentioned in your question you should continue
performing your own Salah without saying Takbeer loudly, because in each
one of the situations it is not permissible according to the Hanafi view that a
person follows you as your Muqtadi. Those who join you as your Muqtadi
perhaps do so according to the view of the Imam Shafi'i. Their conduct is not
your responsibility, nor are you under an obligation to act as Imam for them.
When you do not say Takbeer loudly it will in itself be an indication that you
are not leading their prayers. After receiving this indication they may proceed
according their own Madhhab.
3.4.13 Praying Nawafil Salah in congregation / Jama’ah

Q) Sir, as you know that on 27th of Rajab and some holy occasions each year
some Islamic groups organize the Salat-ul-Tasbih & Salat-ul-Tahajjud prayer
"Ba-jamaat" at night. I have a feeling that it is not as per Sunnah. Am I right.
Is it Biddat. Please guide me and my friends who were used to attend such
meetings and now very much keen to know the truth. I will be very much
thankful if you explain it with some valid references.
A) Salat-al-Tasbih and Tahajjud both are Nafl prayers, and it is Makrooh to
perform these prayers with Jamaat. Any practice to the contrary is Bidat which
should be avoided.
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3.4.14 Congregational supplication

Q) It is noticed lately, in some Mosques, that supplications (Du’a) is offered in
congregation, led by the Imam with loud and piercing voice, a sight frequently
observed in normal days, and particularly during Ramadan in the Lailatul
qadr. Is there any justification for such congregational prayers in Shari'ah. If
not, what is the prescribed way for the person leading the prayers (imam) to
make supplication.
A) Congregational supplication, is never reported to be performed by the
Holy Prophet ‫ ﷺ‬in the manner explained in your question. It appears from
the relevant Ahadith that in the days of the Holy Prophet ‫ ﷺ‬he used to pray
on his own, even after Salah. But at the same time there is no clear injunction
in the Holy Qur'an or in the Sunnah which prohibits such congregational
supplication. In view of both these aspects, the correct position is that
congregational supplications are neither a Sunnah nor something prohibited.
It is only one of the several permissible ways of performing supplications.
However, if somebody takes this congregational method as obligatory or as a
Sunnah of the Holy Prophet ‫ﷺ‬, then this wrong concept will render this practice
a "bid’ah" (innovation), hence impermissible, because a practice which was not
obligatory or a Sunnah at the time of the Holy Prophet ‫ ﷺ‬cannot be held as such
after him. It will be a self-coined addition to the prescribed ways of worship, which
is termed as bid’ah in the words of the Holy Prophet ‫ ﷺ‬and is strictly prohibited.
In the light of this principle, if the congregational way of supplication is
adopted only for the convenience of the audience, without taking this particular
manner as an obligatory method or a Sunnah of the Holy Prophet ‫ ﷺ‬it is quite
permissible in Shari'ah. But if this method is observed with a belief of its
being obligatory or a Sunnah, it is not allowed.
It is noticed that where congregational supplications are permanently observed, it
sometimes creates an impression that such collective supplication is a necessary
part of the Salah, since this impression is not correct, as discussed earlier, it is
advisable to avoid congregational form of supplication at frequent occasions,
and to educate the people about the correct position as mentioned above.
3.4.15 Tasbeeh after Farz prayers
Q) We pray Tasbeeh after Salah i.e. SubhanAllah, Alhamdulillah and Allahu
Akbar 33,33 & 34 times respectively. Does this Tasbeeh have to be prayed
after Farz Salah.
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130 Salah
A) It is Mustahabb to do this Zikr after Fard Salah. If there is Sunnah Salah

to be prayed after Fard, then it is Mustahabb to do this Zikr after the Sunnah
Salah. However, if one does this Zikr before the Sunnah it is permissible,
though not preferrable.
:596 ‫ رقم الحديث‬،‫ىف صحيح اإلمام مسلم‬

‫ أو‬- ‫ "معقبات ال يخيب قائلهن‬:‫ عن رسول اهلل صىل اهلل عليه وسلم قال‬،‫عن كعب بن عجرة‬
‫ وأربع وثالثون‬،‫ وثالث وثالثون تحميدة‬،‫ ثالث وثالثون تسبيحة‬،‫ دبر كل صالة مكتوبة‬- ‫فاعلهن‬
"‫تكبرية‬
‫ والفتوحات الربانية عىل األذكار النواوية‬،)439 /1( ‫ولرياجع أيضا فتح القدير للكمال ابن الهمام‬
)29 /3( ‫للعالمة محمد بن عالن الشافعي رحمه اهلل تعاىل‬
3.5 Prayers of women
3.5.1 Congregational prayers of women

Q) Are women allowed to participate in congregational prayer led by a male.
If it is allowed where they should stand.
Similarly, is it allowed for women to arrange their own congregational prayer
led by a female and participated by women exclusively. If it is allowed, what
shall be the arrangement of the rows.
Please also mention whether such type of congregational prayer can be held
in the Mosque or in the home. If it is possible for women to participate in a
congregational prayer held in a Mosque, how should a woman observe the
injunctions relating to Hijab.
A) The Holy Prophet ‫ ﷺ‬has clarified in a number of Ahadith that it
is not preferable for a woman to perform prayer outside her home. The
congregational prayer has been intended for the male Muslims only and they
are not only presumed to perform their prayers in a congregation but it has
been made almost obligatory on them that they should perform the prayer in a
Mosque and should not abandon the congregational prayer except in a case of
necessity. On the contrary, the females are always advised by the Holy Prophet
‫ ﷺ‬to perform their prayers in their homes so much so that the performance
of prayer in an inner room has been made more rewardable for a woman than
in the outside room, and performing the prayer in the outside room has been
Chapter 03
Salah 131
more rewardable for her than in a courtyard of her own house. However, in
the days of the Holy Prophet ‫ ﷺ‬a large number of women used to come to the
Mosque to perform prayer behind the Holy Prophet ‫ ﷺ‬- an unparalleled merit.
Since the women of those days used to observe all the requirements of
Shari’ah including those of Hijab in the days of the Holy Prophet ‫ﷺ‬, they
were not forbidden from attending the congregational prayers. However, the
Holy Prophet ‫ ﷺ‬has made it clear that it is more advisable for them to pray in
their homes.
But Sayyidna ‘Umar ‫ ﭬ‬felt in his days that the concession given to the
women is sometimes misused and it was apprehended that it would be misused
in the future even more. He was also aware of the fact that the Holy Prophet ‫ﷺ‬
did not like the women leaving their homes for the sake of prayers. Keeping
all this in view he issued a directive that the women should no longer attend
the congregational prayer. This directive was completely confirmed by all the
Companions of the Holy Prophet ‫ ﷺ‬available at that time. Sayyida Aisha ‫ڤ‬
opined, that had the Holy Prophet ‫ ﷺ‬been alive in those days he would have
certainly stopped the women from attending the Mosque for prayers.
It is in this context that the Muslim jurists have been unanimous on the point
that it is not advisable for women to attend the congregational prayers in a
Mosque, rather most of them have taken it as a prohibited act.
At the same time it should be kept in mind that even though the participation of
women in a congregational prayer is not advisable according to the Shari’ah,
yet, if they join a congregation at some occasion, the prayer will be valid. In
this case, they have to stand behind the rows of the males and the Imam should
have the intention that he is leading both males and females in prayer.
Similarly, the congregation of females only is held to be ‘Makrooh’ by the
Muslim jurists. However, if at some occasion, the women elect to arrange
their own congregation led by women, the female Imam should stand in the
centre of the first row and not in front of the followers as the male Imam is
supposed to do. As mentioned earlier, it is not advisable for women to pray
in the Mosques. However, if they elect to do so, their prayers will be valid
according to the Shari’ah. In any case, the observance of Hijab while joining
a male congregation is mandatory which cannot be dispensed with in anyway.
I hope that this will satisfy your question. I would like to emphasise once
again that the basic purpose of a Muslim, male or female, should be to follow
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132 Salah
the dictates of Shari’ah and to seek the pleasure of Allah and not to satisfy
one’s own desire. The congregation of the male Muslims has been held as
a meritorious act for the simple reason that Allah Almighty has declared it
meritorious for the males but the case of women is totally different. Here, the
Messenger of Allah has expressly mentioned that it is more meritorious for a
woman to perform prayers in her home. Therefore, Muslim women should not
insist on going to the Mosque for joining the congregational prayers because
the reward promised for a congregational prayer shall be available for them in
their homes and not in the Mosque.
Q) How far the ladies are allowed to offer their prayers in congregation
(jama'ah)? What is the most preferable and superior position in this respect, as
per Shari'ah.
A) The ladies are always required to offer their prayers individually. It is
not advisable for them to offer prayers in congregation. Rather, it is held to
be a makrooh (disliked) practice. Unlike men, the individual prayer of ladies
carries more thawab. However, if some ladies insist on the disliked practice
of offering their prayers in congregation, the woman who leads the prayer
should not stand in front like a male Imam of Salah. Instead she should stand
in the middle of the women who perform Salah in her leadership. But it is
emphasized once again that the congregation of ladies for prayers should
always be discouraged.
Q) Are women allowed to hold their Jama’at in normal days if they so desire.
Can women hold their separate Jama’at on Eid days or on Fridays.
A) It is not advisable for women to hold their Jama’at. The Holy Prophet
‫ ﷺ‬has always preferred it for women to offer their prayers in their homes.
Some Muslim jurists have held the Jama’at of women as a makrooh practice.
However, if some women overlook this principle and hold their own Jama’at,
the female imam should stand in their midst, and not in front of other ‘muqtadi’
women, as a male imam would do.
However, in the case of jumuàh and Eid the Jama’at of women is neither
permissible nor valid (See Radd-al-Mukhtar V 1 p.600). It means that if some
women held their jama’at (without men) it will be void and they will have to
perform zuhr prayer again.
The women should not normally attend the jum’ah and Eid prayers of men,
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Salah 133
because both prayers are not mandatory for them. However, if some attend the
jumàh prayer along with men, their obligation of zuhr will be discharged and
they will not have to pray zuhr again.
Q) I want to ask some questions about jama’at and imamat performed by
women. I am a student of a college and residing in the hostel. Last year in the
month of Ramadan traveeh was held in our hostel. It was conducted by a female
Hafiz-e-Qur'an and she did imamat by standing in the middle of the row. Now I
came to know that this is not correct and a female cannot conduct an imamat.
Now some people wrote a Hadith over the notice board which states that
Sayyidah Aishah ‫ڤ‬, had conducted an imamat by standing in the middle
of the row and this is correct (stated by Dar Qutni). Kindly give me the right
answer with reference to Hadith and the opinion of four Imams in this regard.
A) It is not desirable, rather it is Makrooh for a woman to hold Jamaat.
However, if a woman arrangse for a jamaat prayer then the Imam should stand
in the middle of the row.
Q) Is it permissible for three sisters who have completed their Hifz of Qur'an
to have taraweeh in their house with their mother. The Imam will be one of
the sisters and will stand in the saff (row) with rest of the muqtadees. The sole
purpose will be to improve the memorization of the Holy Qur'an.
There is a Hadith in Eal’us Sunan of Maulana Zafar Thanavi ‫ ﭬ‬regarding the
non permissiblity of the Jamaat of women. Is that only for fardh prayers. Or it
includes nafl/taraweeh prayers too. What will be the answer of the precedence
in which Sayyidah Aishah ‫ ڤ‬made Imamat of women. Please submit with
references and detail.
A) Although it is normally not advisable, rather it is Makruh to hold a
congregational prayer for women: the Holy Prophet ‫ ﷺ‬has directed them to
perform their prayers alone in their houses, but if, women make a congregational
prayer in order to improve the memorization of the Holy Qur'an as is in your
case, it may be permitted with the following conditions:
1) It is not regarded as better way of prayer for women.
2) No other woman is invited to join the congregation.
3) The Imam should stand in the centre of the row and not in front of
the followers.
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134 Salah
3.5.2 Congregational dua led by a female

Q) What is the Islamic ruling regarding congregational dua led by a female
on opportunities like departures of Hajis at Airport and at the home of the
deceased when the corpse is taken from the home to cemetery with a prior
announcement that this dua would be a means of sins of the deceased being
forgiven.
A) The congregational Dua at a particular occasion e.g. at the seeing off the
Hajjaj at the airport or at the home of a deceased person is allowed if it is done
by chance. However, if it is taken as a Sunnah or is held to be a permanent
practice or custom, which may give an impression that it is necessary to do so
then it is not allowed. A female can lead such a congregational Dua if all the
audience is female, however, if the audience includes male it is not allowed for
her to lead such a Dua.
3.5.3 Night-out for Women in Mosque

Q) What is the ruling organizing a night out for girls in Mosque. They
spend the whole night in Mosque under the supervision of some sisters, play
basketball, do some zikir, pray tahajjud etc. and leave after fajr.
A) It is not advisable to organize a night-out in Mosque. In fact the Holy
Qur'an has ordained for the women to remain in their homes to the maximum
possible extent. They are allowed to go out of their home only for their needs.
But it was not deemed advisable for them even in the days of the Holy Prophet
‫ ﷺ‬to go to the Mosque to offer prayers. After the Holy Prophet ‫ ﷺ‬Sayedina
Umar ‫ ﭬ‬has expressly forbidden women from attending the Jamaat in a
Masjid. It was a decision fully endorsed by all the companions of the Holy
Prophet ‫ ﷺ‬and by Sayedina Ayesha ‫ڤ‬. When it is not deemed fit to go to a
Masjid for a short time to offer prayer, how can it be allowed to spend a full
night in the Mosque.
3.5.4 The time of Salah for women

Q) Is it necessary for a woman to wait for the call of Azan before she can
offer her prayers (Salah) or can she perform her prayers as soon as the time for
that particular prayer becomes due.
A) The ladies need not wait for the call of Azan. They can offer their
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Salah 135
prayers soon after they are sure that the time for a particular Salah has arrived,
no matter whether the call of Azan has been pronounced in the masjid or not.
The Holy Qur'an says,
Surely, the Salah for the muslims is an obligation related with time. (4:103)
It is clear from this verse of the Holy Qur'an that the basic requirement for
the validity of a particular Salah is that it should be performed within the time
prescribed for it. The call of Azan, on the other hand, is meant for inviting
men to proceed to the masjid for their congregational prayer. Since women are
exempt from joining the congregational prayers, they are not concerned with
the call of Azan. They can offer their prayers in their homes well before Azan,
provided the prescribed time has arrived. The only thing they are required to
do is to make sure that the prescribed time has come.
3.6 Jumu’ah prayers
3.6.1 Timing of the Khutbah of Jumu’ah

Q) In our masjid they start the Jumu’ah Khutbah at 1:30 when Zuhr time
actually comes in at 1:40. Is the Jumu’ah prayer valid in this case or should
we pray the Zuhr Salah afterwards.
A) You should ask the organizers of the Masjid not to start Khutbah before
the actual time of Zuhr because according to the majority of the Fuqaha the
time of Jumu’ah prayer is same as the time of Zuhr and even if they follow the
Hanmbali school which allows the Jumu’ah prayer before Zawal, they should
cater for the needs of the majority of Muslims who do not allow before Zawal.
However, if they do not agree to this proposal you should carefully note
whether the Khutbah concludes before Zawal or a part of it falls after Zawal.
In the first case i.e. if the Khutbah concludes before Zawal, the Jumu’ah
prayer will not be valid according to majority of the Fuqaha. Therefore, you
should either go to another Mosque to perform Jumu’ah where the Khutbah
and Jumu’ah prayer are delivered at its due time or participate in the prayer of
your Mosque with an intention to perform Nafil and then pray your Zuhr after
the Jumu’ah prayer is over. But if the Khutbah continues even after Zawal
then your Jumu’ah prayer in this Mosque will be valid and you need not to
repeat the prayer.
Chapter 03
136 Salah
3.6.2 The language of the Khutbah of Jumuàh

Q) Is it necessary that the Khutbah of Jumuàh is given in Arabic language or
can it be given in some other language also. Some people say that if it is given
in a local language it may be more useful to the audience.
A) The Khutbah of Jumuàh is not essentially a lecture meant for the people.
Rather, it is a part of the prayer of Jumu’ah.
It is evident that the numbers of Rak’at in a zuhr prayer is four. On the day
of Jumu’ah, the number of Rak’at has been reduced to two only, and the
remaining two Rak’ats have been substituted by a Khutbah, which is basically
a form of dhikr (ritual recitation of Allah’s name), and by this name it has been
referred to in the Holy Qur'an (Surah al Jumu’ah).
Therefore, being a part of the prayer of dhikr, it can only be performed in
Arabic, and just as the prayer of Jumuàh cannot be performed in a local
language, the Khutbah cannot be given in any language other than Arabic.
The companions of the Holy Prophet ‫ ﷺ‬went to a number of places outside
Arabia and preached Islam there, but they never used a local language while
offering a Khutbah of Jumu’ah. They used the local language in other lectures
and sermons, but not in the prescribed Khutbah on Friday. This helps the
Muslims being in at least verbal contact with Arabic, the language of the Holy
Qur'an and Sunnah.
3.6.3 The number of Rak’at in Jumuàh prayer for men and women
Q) How many Rak’at are Sunnah mu’akkadah in Jumuàh prayer. Is there
any difference between men and women in this respect.
A) Four Rak'at before Jumu'ah and six Rak'at after it are Sunnah Muakkadah
for men.
As for women, the Jumu'ah prayer is not obligatory on them. They should
offer their Salah at their homes individually, and should offer the normal Zuhr
prayer instead of Jum’ah. The number of Rak’at for them is the same as they
perform at the time of Zuhr every day, that is, the four obligatory Rak’at, and
the six Rak’at as Sunnah Mu’akkadah, four of which are to be performed
before the Fard Salah and two of them after it.
Chapter 03
Salah 137
The same number of Rak’at will be applicable to a man who has missed the
Jum’ah prayer in congregation, and has no hope of getting Jumu'ah anywhere
in the city. In this case, he too has to offer the Zuhr prayer instead of Jum’ah.
3.6.4 More than one Jumuàh prayer in same Masjid

Q) In North America, most of the Masajids were purchased vis a vis existing
community’s number and economic strength. In recent times, because of
rising population and Islamic resurgence, many Masajid are filled over and
above their maximum capacity. This is in direct violation of the prevailing
Fire regulations and other property standards set by Governments.
1) Under such circumstances, can we pray more than one Jumuàh in
the same Masjid.
2) If it is permissible then should we pray in the same place, i.e. same
Mehrab and Mimber.
Because of severe weather conditions and Government regulations, prayer
cannot be performed outside the Masjids.
A) As for performing Jumuàh prayer more than once in the same masjid, it
is permissible subject to two conditions:
First, this method should be adopted only in an extreme necessity where one
masjid cannot accommodate all the Muslims praying there.
Second, the masjid, in the first Jama’at should be used to its optimum capacity
in the sense that no place should remain vacant while the first Jama’at is being
performed.
A detailed fatwa on the subject was issued by our Darul Ifta in Arabic (Fatwa
No. 12/1479).
3.6.5 Offering Jumu’ah prayer in a small group on their own

Q) Is it permissible by the Shari‘ah to conduct our own Jumuàh prayer
and Khutbah, while number, of Muslims available for Jumuàh prayer will
not exceed four or five. What is the minimum number of people required for
Jumuàh congregation.
A) In cases of genuine need, it is permissible for the Muslim employees to
Chapter 03
138 Salah
arrange for their own Jumu’ah prayer in their working place. The minimum
number required for Jumu’ah prayer is three persons other than the imam (i.e.
a total of four persons). The imam should recite two Khutbahs and then lead
the prayer. This arrangement should be taken as a last resort and should be
discontinued as soon as the employees are able to go to a proper mosque for
Jumuàh prayer.
3.6.6 Organizing Jumu’ah prayer near the workplace

Q) There are approximately 8 Muslim families in Monroe, Michigan, where
my office is located. Majority of these Muslim families are headed by men
who are physicians. Majority do not attend Jumu’ah Salaat at Masjid Umar
Ibn Khattab. Masjid is about 25 minutes drive from Monroe. One physician
has expressed a desire to hold the Jumu’ah Salaat in Monroe, so that most
of the people can attend. I have been asked to lead the prayer until a more
qualified person can be found. My inquiry is twofold:
1) Can we hold the Jumu’ah Prayer in a small community while a much
larger Masjid fitting the description of "Jamia Masjid" is about 30 minutes
drive away.
2) If the answer to (1) is yes, then can I lead it and not go to Masjid
Umar ibn Khattab as I do every Friday.
A) If the town of Monroe is larger than a village in the sense that it has the
characteristics of a town having markets, roads etc. the Jumuàh prayer can be
performed in the town.
If you hope that your leading the Jumuàh prayer in that town may induce
the Muslims living there to participate in Jumuàh prayer, otherwise they will
not perform it at all, it will be better for you to lead the Jumuàh prayer there
instead of going to Masjid Umer ibn Khattab. But there are some conditions
which should be fulfilled for holding the Jumuàh prayer in the town.
The number of the attendants of the Jumuàh prayer should be three other than
the Imam.
The Jumuàh should be performed at a place where the people have free access.
The Jumuàh prayer should be preceded by two Khutbahs and both of them
should be in Arabic.
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Salah 139
3.6.7 Jumuàh Prayer In prisons

Q) We are a group of Muslim Imams who work at HM Prisons in the United
Kingdom. Part of our responsibilities entails leading Muslim prisoners at
the Jumu’ah Salah. Due to the increasing number of Muslims coming into
Prison (approximately 4500 Muslim Prisoners from the total 55000) at many
prisons there is no separate location where Jumu’ah Salah can be conducted
in congregation. For this reason, the prison authorities advise us to use the
Christian chapels for the Jumu’ah Salah. In the Christian chapels there are
numerous artefact and symbols displayed which we are unable to take down.
Now the questions are as follows:
1) Is the Jumu’ah Salah conducted in a prison valid.
2) Is the Jumu’ah Salah valid, which is performed in a Christian Chapel.
3) Would the artefact and symbols around the Christian Chapel have
any effect on the validity of the Salah.
As the prison population grows in this country the prison authorities are
reluctant to construct any new places of worship in prisons for any faith i.e.
new Christian Chapels, Mosques, Gurdwara etc. However, their view is to
create ‘Multi Faith Centres’ which could be used by all faith dominations at
their prescribed times.
Now the questions are:
1) Would it be acceptable for us as Muslim Imams to play a part in
dialogue with the prison authorities and Ministers of other faiths in the
creation of such ‘Multi Faith Centres’.
2) Would it be acceptable for Muslims to perform their Jumu’ah Salah
and hold Islamic classes in such ‘Multi Faith Centres’.
A) Here are the answers to your questions:
1) Although there is a difference of opinion about the validity of
Jumuàh prayer in a prison, however, the preferred view according to me
is that the Jumuàh Salah conducted in a big prison is valid.
2-3) There is no restriction in offering Jumuàh prayer in a Christian
Chapel per se but if there are pictures of Jesus Christ or Mary or a Cross
in the direction of Qibla it will not be permissible to offer prayer at that
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140 Salah
place. If it is possible to find a place in the Chapel where there are no such
pictures Jumuàh can be offered, otherwise the Jumuàh prayer can be
offered in an open place.
If the construction of a new Mosque is not possible in a prison then I see no
harm in having a dialogue with the prison authorities to establish a Multi Faith
Centre in a prison but it should be clarified that such a centre should not contain
any thing which is violative of any injunction of Islam like statues, idols and
pictures etc. If such a centre is established Jumuàh prayer can be offered there.
3.6.8 Jumuàh prayer while Travelling

Q) What is the position of Jumuàh prayer in journey. Is Jumuàh prayer
mandatory when one is on travel.
A) If the journey is at least for 48 miles, and for a period of less than 15 days,
Jumuàh prayer is not mandatory (fard) on a traveller. It is permissible for him
to perform the Zuhr prayer instead of Jumu’ah. But since the Jumuàh prayer
is far more rewardable than the normal Zuhr prayer, one should not miss it as
far as possible even when he is on journey.
3.6.9 Jumuàh prayer for employees of non-Muslim employers

Q) We can manage to perform our daily prayers, but our problem is with
regards to Jumuàh prayer. Most of the Muslims around here are employees
of the firms owned by the Jews and the Christians who generally do not allow
us enough time to go to the Jamia Mosques. What, in these circumstances is
advisable for us.
A) A Muslim should try his best to convince his employer to give him
permission to perform Jumuàh prayer in a Mosque, because it is a religious
obligation, and every person has a right to perform his religious obligations
even in a secular state. If the employer does not give permission, the same
should be sought by approaching legal authorities, or should try to get some
other job where this obligation may be fulfilled properly.
3.6.10 Praying Sunnah Salah before and after Jumu’ah prayers

Q) Recently in Britain there have been sections of the Muslim community
raising doubts over the validity of praying Sunnah Salah before and after
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Salah 141
Salatul-Jumu’ah. I have been on the website www.islam.com the website is

attributed to Sheikh Salih al Manajid. When asked about the issue of praying
Sunnah Salah for Jumu’ah the Sheikh answered by saying there are no
Ahadith regarding the Sunnah of Jumu’ah and he further quotes scholars such
as Albaani and Uthaymeen ‫ ﭬ‬who say it is a bidah. This is the question
number on the website: 6653.
A) The issue of Sunnah prayers before and after Jumu’ah prayers is one
on which there is some difference amongst the’Ulama. The vast majority of
scholars of all four schools of Fiqh agree that the Sunnahs before and after
Jumu’ah are proven through Ahadith and the Sunnah of the Prophet ‫ ﷺ‬and his
Companions ‫ ﭬ‬and are therefore correct, although there is some difference
regarding the number of Rak’ats and details.
Sayyidna Abu Hurairah ‫ ﭬ‬reports that the Prophet ‫ ﷺ‬said,
Whosoever takes a bath, then comes for Jumu’ah, and prays what he can, then
remains silent till the (Imam) completes his sermon, he will be forgiven what lies
between him and the next Jumu’ah, and three days extra. (Muslim, 283/1)
Imam Nawawi says:

‫وفيه أن التنفل قبل خروج اإلمام يوم الجمعة مستحب وهو مذهبنا ومذهب الجمهور‬
In this Hadith there is proof that optional prayers on Friday before the Imam
emerges are preferred, and this is our mazhab, and the mazhab of the majority,
(Minhaj, 385/6)
and he also says:

‫تسن قبلها وبعدها صالة وأقلها ركعتان قبلها وركعتان بعدها واألكمل أربع قبلها وأربع بعدها‬
It is Sunnah to pray before it (Jumu’ah) and after it a prayer, and its minimum
is two Rak’ats before and two Rak’ats after it, and ideally (perfectly) it is four
Rak’ats before and four after it. (Al-Majmu’ Sharhul Muhazzab 16/5)
Sayyidina Abu Hurairah ‫ ﭬ‬reports that the Prophet ‫ ﷺ‬said,
" When one of you prays Jumu’ah, he should pray four Rak’ats after it." (Muslim, 288/1)
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142 Salah
Imam Nawawi says:

‫يف هذه األحاديث استحباب سنة الجمعة بعدها‬
In this Hadith there is the preference of Sunnah prayers after Jumu’ah. (Minhaj, 407/6)
Sayyidina Ali ‫ ﭬ‬narrates:
The Prophet (P.B.U.H) used to pray four Rak’ats before Jumu’ah and four after it,
and he used to make the salaam at the end of them. (368/2)
Tabarani has reported this Hadith in his ‘Awsat’, (368/2) and Zayla’i has
mentioned it in Nasbur-Rayah without any comments
Hafiz Ibnul Hajar says:
‫وفيه محمد بن عبد الرحمن السهمي وهو ضعيف عند البخاري وغريه وقال األثرم إنه حديث واه‬
In its chain there is Muhammad Ibn Abdur Rahman As-Sahami, and he is weak
according to Bukhari and others, and Athram has said: it is an unsound tradition.
(Fat-hul Bari, 426/2)
Shaikh Zafar Ahmad Usmani says:

....‫ وذكره ابن ح ّبان ىف الثقات‬،‫ عندى ال بأس به‬:‫محمد بن عبد الرحمن هذا قال فيه ابن عدي‬
.‫ وبقية رجاله ثقات‬،‫ وحديث مثله حسن‬،‫فالرجل مختلف فيه‬
This Muhammad Ibn Abdur Rahman is the one about whom Ibn ‘Adi has said:
according to me there is no problem with him, and Ibn Habban has mentioned him
among the reliable narrators. So he is one about whom there is difference, and
the Hadith of this kind (of narrator) is ‘Hasan’, and the rest of the narrators are
reliable. (I’la us -Sunan, 10/7)
Sayyidna Abdullah ibn Mas’ud reports:
The Prophet (P.B.U.H) used to pray four Rak’at before Jumu’ah, and four after. (568/4)
Reported by Tabarani in his ‘Awsat’ (568/4) and mentioned by Zayla’i in
Nasbur-Rayah (206/2) without any comments. Hafiz Ibnul Hajar says: in its
chain there is weakness (Dirayah, 218/1)
Tirmizi narrates in his Jami’:
Chapter 03
Salah 143
It is reported from Abdullah Ibn Mas’ud that he used to pray four Rak’ats before
Jumu’ah and four after it. (Al-Jami’, Tirmizi, 117/1)
Abu Abdur Rahman As-Sulami reports:
Abdullah Ibn Mas’ud used to order us to pray four Rak’ats before Jumu’ah, and
four after it, until All 4 came to us and he ordered us to pray two Rak’ats after it,
then (followed by) four. (247/3, Hadith 5525)
Reported by Abdur-Razzaq in his Musannaf by way of Thawri, from ‘Ata Ibn-

as-Sa-ib (247/3, Hadith No 5525).
Albaani says:
‫ وعطاء بن السائب وإن كان اختلط؛ فالثوري قد روى عنه قبل‬،‫ وهذا سند صحيح ال علة فيه‬:‫قلت‬
.‫االختالط‬
This chain is authentic, there is no defect in it. And even though ‘Ata-Ibn-as-Sa’ib
confused (reports), but Thawri reported from him before his confusion. (Silsila
Ahadith Mawzu’ah, 83/3).
Shaikh Zafar Ahmad Usmam says:

‫ فإن الظاهر أنّه إنّما كان يأمر بهذا لما ثبت عنده من النيب صىل اهلل‬،‫وهو موقوف ىف حكم المرفوع‬
‫عليه وسلم فيه شيء‬
This (Hadith) is a Mawquf in the ruling of a Marfu’, because it is obvious that he
used to order them to do so (only) because of what was proved according to him
from the Prophet. (I’la-us-Sunan, 6/7)
Shaikh Yusuf Banori says:

‫أن الصحابة مثل عبد اهلل بن مسعود وابن عمر وغريهما لما كانوا يصلون‬ ّ ‫ويكىف أن يقال ىف جوابه‬
‫استمروا عىل عمل لم تكن فيه أسوة لهم عنه صىل اهلل عليه‬ ّ ‫ كيف‬،‫قبلها أربعا أو زائدا أو ناقصا‬
ً.‫وسل ّم قوال ً أو فعال‬
" It is sufficient to say in reply (to those who deny the validity of Sunnah before
Jumu’ah) that when such great companions as Abdullah Ibn Masud and IbnÙmar
(and Ali, and others) used to pray before Jumu’ah four Rak’ats or more or less,
how could they stay constant on an action that was not established for them by an
example from the Prophet ‫ ﷺ‬in words or action." (Ma’arifus-Sunan, 412/4)
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144 Salah
Based on these and other similar reports, the overwhelming majority of the
scholars and jurists throughout the ages have held the view that the Sunnahs
of Jumu’ah, before and after, are established and correct. And based on these
reports, the scholars of the Hanafi school of Fiqh have stated that the Sunnahs
of Jumu’ah are four before and six after. (See also Al-Fiqhul Islami Wa
Adillatuhu, 64-7/2, and 305/2).
3.6.11 Missing Jumuàh and Eid prayers where there is no Mosque
Q) I am new to Islam. I have some doubts please help. I am studying in a
university. My parents are staying in a place where there are no Muslims and
I am getting two weeks’ vacation in March beginning, so I am thinking to go
and see my parents. If I go there I will miss two Jumu’ah prayer and a Hajj
festival prayer. Can you please advise me what can I do in a situation like this.
A) You can travel to see your parents and if there is no Mosque in the city
of your parents you can offer Zuhr prayer instead of Jumuàh on Friday.
Similarly, you will have no obligation to participate in Eid prayer if there are
no other Muslims in the city.
3.7 Qasr prayers whilst travelling
3.7.1 When does a Safar (travel) start

Q) When does a Safar (travel) start. If one is traveling, should he offer
shortened prayers at the airport of departure.
A) The distance of Shar’i Safar is recognized from the place a person sets
on, as per customary norm, a journey of at least 77.25 km. Therefore, when
traveling by plane, the distance of Shar’i Safar is counted from the airport.
However, the rulings of Safar, like praying Qasr Salah only apply after leaving
behind the buildings of the city. If therefore, the airport were in the city (like
Dubai) he would not shorten his prayers at the airport. However, if the airport
is away from the city (like Abu Dhabi) then one has become Musafir and
should shorten the prayers. (See Fatwa no. 16/ 1178 of the Fatawa of Darul
Ifta Jamia Darul Uloom Karachi)
3.7.2 Qasr at airport

Q) We know that the Shari'ah has allowed us a concession of performing two
Chapter 03
Salah 145
Rak’at of Salah in place of four when on travel. The concession is known as

‘Qasr’. The question is exactly when should we start "Qasr" after leaving our
home. Sometimes we have to perform prayer at the airport of our city. Can we
avail of the Qasr concession when praying at our airport or on our way to airport.
A) The Qasr concession is allowed to a traveller bound for a distance of 48
miles or more, but the concession can be taken as soon as he comes out of his
city. He cannot avail of the Qasr when he is still in his own city. Therefore,
if the airport is situated within the city where he lives, in the sense that the
buildings of the city are linked with the airport without a considerable break in
between, such as the Karachi Airport, the Qasr cannot be availed at the airport.
In this case the normal number of Rak’at will be necessary while performing
Salah at the airport. However, if the airport is outside the city in which one
lives, in the sense that there is a considerable open space between the buildings
of his city and the airport, he should perform Qasr at the airport if he wants to
offer Salah before boarding.
The same principle will apply to one’s performing Salah on his way to airport.
As soon as one crosses the buildings of his own city he should perform Qasr
even if he has not reached the airport. But in case he is passing through his own
city, he cannot avail himself of the Qasr concession. The same rules should be
followed in the case of Railway station and seaports also.
3.7.3 Offering Salah in plane

Q) Can I pray the Farz namaz sitting when I am in a plane. Also can I do
Tayammum or do I have to do proper wudu with water.
A) Salah in a plane needs to be prayed like Salah on the ground; However,
if there is no place in the plane to offer prayer in standing position, and it is
apprehended that the time of Salah will expire before landing, it is permissible
to pray while sitting on one’s seat. In this case it will be better to make qaza of
that prayer after landing. If there is water available in the plane, Tayammum
will not be allowed for Salah; Wudu must be done. However, if there is no
water in the plane, one should do all the acts of prayer, but make qaza after
landing, since the proper Salah with wuzu was not prayed.
Also, if there is a chance of missing the asr namaz whilst travelling, then one
can pray it along with Zuhr. Similarly, for Isha, which can be prayed together
with maghrib.
Chapter 03
146 Salah
:٤٣٢ :١ ‫ىف الدر المختار‬

‫ اهـ ىف رد المحتار تحته‬.‫ وكذا ك ل من سقط عنه األركان جهة قدرته‬... ‫وقبلة العاجز‬
‫ ويشمل‬:‫ فقال يف البحر‬،‫"قوله ( وكذا ك ل من سقط عنه األركان ) أي تكون قبلته جهة قدرته أيضا‬
‫ وما إذا كان يف طني وردغة‬،‫أي العذر ما إذا كان عىل لوح يف السفينة يخاف الغرق إذا انحرف إليها‬
‫ أو كان‬،‫ أو كانت الدابة جموحا لو نزل ال يمكنه الركوب إال بمعني‬،‫ال يجد عىل األرض مكانا يابسا‬
،‫ فكما تجوز له الصالة عىل الدابة ولو كانت فرضا‬،‫شيخا كبريا ال يمكنه أن يركب إال بمعني وال يجده‬
‫ اهـ‬.‫وتسقط عنه األركان كذلك يسقط عنه التوجه إىل القبلة إذا لم يمكنه وال إعادة عليه إذا قدر‬
3.7.4 Frequent visits to the same place of travel
Q) If one undertakes a journey, say from Karachi to Lahore, with the intention
of staying in Lahore for ten days and then on to Gujranwala for another seven
days and after that returning to Lahore for seven days before coming back
home to Karachi. Since two stays at Lahore and that at Gujranwala are for less
than fourteen days, is he allowed to offer Qasr at these two places.
A) Yes, in this case he will make Qasr at both Lahore and Gujranwala.
Although the aggregate stay at Lahore is more than 14 days yet the principle is
that if a journey intervenes between two stays at a particular destination each
stay will be deemed to be separate, therefore, at each time he will be allowed
to avail all concessions of Qasr.
3.7.5 Overstay from the days originally intended

Q) If one travels from Karachi to Hyderabad with the intention of stay for
twelve days, he is allowed Qasr in Prayers. But if he overstays there for another
seven days, which was not originally planned, can he continue to offer Qasr
for the rest of his stay.
A) Yes, in this case too, he will continue to offer Qasr for the rest of his stay
because he has not intended to stay at Hyderabad for fourteen days at a time. At
the first place he intended to stay there for twelve days then he extended his stay
for seven days. At none of the two occasions he intended to stay for fourteen
days and it is expressly mentioned in the Ahadith that if a passenger does not
make his mind to stay at a place for the prescribed term he will continue to
make Qasr even though he stays there for three years or more in this fashion (i.e.
he does not at any occasion decide to stay for fourteen days or more rather he
intends to stay for five days then extends to another five days and so on.
Chapter 03
Salah 147
3.7.6 Relocation and the Qasr Salah

Q) Family ‘A’ (father, mother and 2 major married sons) had lived permanently
in Durban. The members of the family were born in Durban. They had grown up
in Durban and had always regarded Durban as their permanent home. About 8
years ago, family ‘A’ moved to Ladysmith, a town about 150 miles away from
Durban. They settled in Ladysmith primarily for business reasons - they had
relocated their manufacturing plant from Durban to Ladysmith in order to take
advantage of certain Government benefits and concessions arising out of such
relocation of their business. The family still owns a home and other property in
Durban and still runs an Office in Durban. The third son is residing in Durban
with his family and the brothers and sisters of the parents and their respective
family units all reside permanently in Durban. Family ‘A’ wants to know:
Whether or not Family ‘A’ should perform QASR SALAH or full Salah in
Durban;
Whether or not family ‘A’ should perform full Salah or QASR SALAH in
Ladysmith.
A) If the family ‘A’ has gone to Ladysmith with the intention to settle there
for good and has no intention to come back to Durban as its permanent residing
place, its watan has shifted from Durban to Ladysmith and he will perform
the full Salah in Ladysmith while he will enjoy the concession of Qasr Salah
whenever he travels to Durban for less than 14 days. If he has left one of his
sons living in Durban with his family, it makes no difference in this case, nor
permanent residing of his uncles or nephews in Durban disturb this position.
However, if the family ‘A’ has gone to Ladysmith only to carry on its business
with no intention to settle there forever, then his watan has not shifted from
Durban and all the family members will have to perform full Salah in Durban
whenever they go there.
One can also have two watans simultaneously but it is a situation where one
has some of his dependent family members in one place and some of them
in another, and in both the places he has his own house to live and holds
each of the two places as his permanent residing place, living in each of them
alternatively. In this situation both the places are his watan and he has to
perform full Salah in each of the two places. But in the situation mentioned
in your question, if family ‘A’ has settled in Ladysmith forever with all its
Chapter 03
148 Salah
dependent family members, this principle will not be applicable, because

they have not left any of their dependent members in Durban. The son who is
residing in Durban with his family is not a dependent member of this family;
therefore it does not make any difference.
3.7.7 Qasr prayers whilst visiting home country
Q) What is the ruling on Qasr prayers for Pakistanis living in the UAE, whilst
visiting their home country on holiday / work for less than 15 days.
A) When one goes to his ‘home country’ (watan-e-Asli) for whatever purpose
he is not considered as ‘Musafir’ even though he has gone there for less than
15 days and hence cannot offer Qasr prayers, unless such person has decided
to stay in the other country (in this case UAE) forever, whether employed or
not i.e. he has adopted the other country and made it his home country.
3.7.8 Qasr prayers whilst traveling within the home country
Q) Qasr Namaz - when one travels to Pakistan we have to pray full as we
have not adopted UAE as our permanent country. But where is this applicable,
in hometown or all over Pakistan. What about movement within Pakistan out
of ‘hometown’.
A) In the mentioned scenario, a person will be recognized as Muqim in his
hometown, and will pray full Salah. If he travels, the usual laws of Safar will
apply to him, even though he travels within his home country.
3.7.9 Sunnah-Salah whilst travelling
Q) Should we perform the Sunnah Salah while we are on journey and whilst
performing Qasr in the obligatory prayers. Some people say that the Sunnah
Salah is not permissible in journey, and the Holy Prophet did not perform it
during his travels. What is the correct view of the Shari'ah.
A) The correct position, according to the majority of Muslim Jurists, is that
the Sunnah becomes Nafl or mustahabb when one is on a travel that is liable
to Qasr. If he performs it, he deserves much reward, but if he leaves it, there is
no sin on him.
It is not correct to say that the Holy Prophet did not offer the Sunnah prayer
during his travels. In fact, sometimes the Holy Prophet did perform the Sunnah
prayer while on travel and sometimes he did not. Both ways are equally
Chapter 03
Salah 149
established by the authentic traditions. For example, the blessed companion

Bara' ibn 'Azib reports that he accompanied the Holy Prophet in eighteen
journeys and he never found him abandoning the two Rak’at after the Zawal.1
Even 'Abdullah ibn 'Umar has reported both ways. In a tradition he reports
that the Holy Prophet did not offer the Sunnah or nafl prayers in his travels
but in another report he says that the Holy Prophet used to offer Sunnah or
nafl prayers. Both the reports are available in the Sunnan of Tirmidhi. There
is, in fact no contradiction between the reports. Actually, the Holy Prophet ‫ﷺ‬
sometimes prayed the Sunnah prayers, and sometimes left them.
So, the Hanafi School is unanimous on the point that performing the Sunnah
prayers in journey is more desirable if one is staying at some place. However,
if someone does not offer the Sunnah prayer while he is in journey, he should
not be regarded as sinful.2
3.8 Qaza for missed prayers
3.8.1 Estimating Qaza prayers

Q) A person has been offering prayers since a young age. She has missed her
prayers but not many since she was always in the habit of offering them. She
cannot remember exactly which ones were the ones she missed. How should
she calculate her "Qaza" Salah.
A) In this case she should make a precautious assessment of the prayers she
has missed after being pubert, and the number of prayers so assessed should be
taken as prayers she has to make Qaza of them. Then she should offer one Qaza
prayer along with every present obligatory prayer and should make the niyat
that she is offering the last prayer of that time that she has missed. For example,
if she is offering Fajr prayer of today she should also pray two Rak’at as Qaza
of the last Fajr prayer that she had missed in the past, and so on.
3.8.2 Performing Qaza prayers

Q) A person is regular in his daily five time prayers, but for some reason one
of his prayers becomes Qaza, and the time for next prayer arrives. What should
be the sequence of the performance of his prayers, under such a situation.
1 See Tirmidhi and Abu Dawood
2 See Almughni, Ibn Qudamah (2:141) and Ibn 'Abidin

Chapter 03
150 Salah
A) The person who has never missed six prayers, or the number of his Qaza
prayers is less than six is termed as "sahib-ut-tartib". Whenever a Prayer is missed
by such a person, he has to observe full sequence between the prayers. He is bound
to perform the Qaza prayer before the ada’prayers of the time. For example, if
he has missed the Zuhr prayer, then at the time of Asr, he must perform the Qaza
of Zuhr first, and the ada’ of ‘Asr after it. If he performed Asr before the Qaza of
Zuhr, his Asr prayer will be void, and he will have to pray again.
Observance of sequence is necessary between the different Qaza prayers also.
All the Qaza prayers should be performed in the same order in which they were
missed. So, if a person has missed both the fajr and the Zuhr prayers, then, at
the time of ‘Asr he must perform the Qaza of fajr first of all, then he should
perform the Qaza of Zuhr, and then he should pray the ‘Asr. If he disturbed
this sequence, he will have to pray again observing the due sequence.
The observance of sequence is obligatory on every Sahib-ut-tartib in normal
conditions. However, if he, while performing ‘Asr prayers, forgot that his
Zuhr prayer had been missed, and he prayed ‘Asr under this impression, his
‘Asr prayer is acceptable and he need not pray it again.
Similarly if the time of ‘Asr remains so short that, in case he prays Qaza first,
the ‘Asr time will be over, then also he can pray ‘Asr first.
All these rules relate to a person who is sahibut-tartib. But if a person is not
sahib-ut-tartib i.e. the number of Qaza prayers due on him is six or more, the
observance of sequence is not obligatory on him and he can pray in whatever
order he likes according to his convenience.
3.8.3 Fidya for missed prayers
Q) Who should be given Fidya of the missed prayers. Can you give to any
person or any institution.
A) Anyone who is entitled to receive Zakat is entitled to receive Fidya. Only
that institution may be given the Fidya that has arrangement to pay Fidya to
the entitled persons in proper way.
3.9 Isha, Tahajjud & Taravih prayers
3.9.1 The four Rak’at before the prayer of ‘Isha’

Q) Some people say that there is no Hadith which proves that we should
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pray 4 Rak’at of Sunnah before the obligatory Prayer of ‘Isha’. Can you give
a Hadith proving the point of view that these 4 Rak’at are Sunnah before
performing the 4 Rak’at of Isha.
A) It is true that there is no Hadith specifically that 4 Rak’at before the
obligatory prayer of ‘Isha is a Sunnah. However, there is a Hadith reported
in Sahih AI-Bukhari and narrated by the Holy Companion, ‘Abdullah Ibn
Mughaffal ‫ ﭬ‬that the Holy Prophet ‫ ﷺ‬has said:
‫بني كل أذانني صالة لمن شاء‬
Between every two Calls of Prayers there is a Prayer for whomsoever who wishes
to perform it. (AI-Bukhari, Book X, Chapter 14, Hadith no. 624)
It is accepted by all the commentators of the Hadith that the words "Two
Calls of the Prayer" mentioned in the Hadith refer to the Adhan and Iqamah.
The Hadith, therefore, means that after every Adhan and before Iqamah some
kind of Salah is advisable. On the basis of this Hadith the Muslim Jurists
have inferred that before every obligatory Prayer it is desirable (Mustahhab)
to perform some prayer which may be either Nafl or Sunnah. The Rak’at
performed before Fajr and Dhuhr are Sunnah, while the prayers performed
before the rest of the five prescribed prayers are held to be Nafl or Sunnah
Ghayer Mu’akkadah. It will be noted in the above quoted Hadith that the
number of Rak’at has not been mentioned there, meaning thereby that to
perform any number of Rak’at may serve the purpose of the Hadith. However,
a large number of Muslim Scholars have preferred to perform 4 Rak’at before
‘Isha’ prayer on the analogy of Fajr, Dhuhr and ‘Asr. It may be seen in the
case of these three obligatory prayers that the number of Sunnah and Nafl
performed before each of them corresponds to the number of the obligatory
Prayers respectively i.e. the number of Sunnah before Fajr is two which is
corresponding to the 2 obligatory Rak’at of Fajr, the number of Rak’at of
Sunnah performed before Dhuhr is four which corresponds to the number
of 4 obligatory Rak’ats of Dhuhr, and the number of Nafl Prayer performed
before ‘Asr is four which again corresponds to the number of 4 obligatory
Rak’ats of ‘Asr. On this analogy, the said scholars have preferred to perform 4
Rak’at before ‘Isha’, because it will correspond to the four obligatory Rak’at
to be performed after this Nafl Prayer. It should, however, be kept in mind
that the number of these 4 Rak’at should not be taken as determined by the
Holy Prophet ‫ﷺ‬, nor should it be taken as a specific Sunnah. Instead, if one
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performs 2 Rak’at only, one should also get the reward contemplated in the
Hadith of Sahih AI-Bukhari quoted above.
3.9.2 The Du’a of Qunoot

Q) 1) Why is du’a of qunoot prayed during the ‘Isha’ prayers (especially in
the witr). There must be a reason behind it.
2) Since du’a qunoot is a du’a, can we use it to pray it in other prayers
i.e. after finishing Fajr prayer.
A) 1) The forms of worship are prescribed by Allah Almighty and have
been conveyed to us through the Holy Prophet ‫ﷺ‬. No doubt, every form
or method of worship so prescribed has some wisdom behind it, but that
wisdom has not been expressly mentioned in the Holy Qur'an and Sunnah
in every case. We can attribute certain reasons for certain acts, but it will
be a hypothetical exercise which may or may not be correct, because
the real wisdom is best known to Allah alone. The number of Rak’ats in
the Fajr prayer is two while it is four in Zuhr, Asr and ‘Isha’ and three in
Maghreb. The reason for these different numbers in different prayers is
never mentioned in the Holy Sources of Islamic teachings. The recitals
of prayer also vary from act to act. We are directed to recite the Qur'anic
verses while standing in the prayer, but we have been forbidden from
doing so in the states of ruku’ and sajdah, likewise, Tashahhud has been
prescribed in the qa’dah (state of sitting) and not in the ruku’ or sajdah.
The exact reasons for these directions are not expressly mentioned in the
Qur'an or in the Sunnah, because the essence of worship is nothing but to
obey the divine commands and to follow the prophetic practices even if
their reasons are unknown.
Similar is the case of the du’a of qunoot. It has been prescribed in the last
Rak’at of witr without giving any reason. Therefore, we must follow it
even though its exact reason is not known to us.
One can say that since the prayer of witr, is the last prayer performed
by a Muslim at night, a comprehensive du’a has been prescribed in its
last Rak’at so that one’s daily activities may end with this prayer which
encompasses all his needs, both in this world and in the Hereafter.
But, as mentioned earlier, this is only a possible reason. Some other person
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may adduce another reason, the real wisdom being known to Allah alone.
2) Yes, there is no harm against reciting this du’a after prayers also. But
it should not be recited during the Salah except in the witr prayer.
3.9.3 Tahajjud prayers

Q) What is the significance of Tahajjud prayers, what is the best time to
perform such prayers and how to perform it.
A) The importance of Tahajjud prayer and its significance has been stated in
different verses of the Noble Qur'an and Ahadith.
In the Holy Qur'an Allah ‫وتعالی‬
ٰ ‫ سبحانه‬says:
And during the night, wake up for Salah of Tahajjud, an additional prayer for you.
It is very likely that your Lord will place you at Praised Station. (17:79)
And in Surah Furqan Allah ‫وتعالی‬

ٰ ‫ سبحانہ‬says:
The servants of the Rahman (the All-Merciful, Allah) are those who walk on the
earth humbly, and when the ignorant people speak to them, they reply peacefully,
64. and those who pass the night prostrating themselves and standing before their
Lord. (25:63-64)
According to a Hadith, Tahajjud prayer, also called Qiyam-ul-Lail, is the best

non-obligatory Salah (Sahīh Muslim 821/2). Although it is not obligatory, yet
Rasool-Allah ‫ ﷺ‬has prompted us to make it a part of our daily routine. It is
one of the means to get closer to Allah ‫ سبخانه وتعالى‬and to get our bad deeds
erased (Al Sunan—ul-Kubrā -Baihiqī 707/2).
Tahajjud with the intention of Nafl Salāh3 can be performed any time after
ʿIshā prayer till Subh Sādiq (Fajr). Such as offering 4,6 or 8 Raka’at with
Salam at every 2 Rak’at. However, the best time for Tahajjud is the last 1/3
part of the night4.
3 See Fatāwā Usmāni Vol 1, Page 439

4 Please See Ma’ariful Qur’ān Vol 5, Page 515-518 & Fatāwā Mahmoodiyah Vol 6 Page 233
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3.9.4 Reading from Qur'an whilst leading Taravih prayers

Q) I live in London, Canada and follow Imam Abu Hanifa. The question is
when Imam leads the Namaz especially sometimes Taravih and Qiyam-ul-Lail
he keeps Qur'an in his hand and reads from it. As I understood Imam Abu Hanifa
does not allow this practice. Please advise me what to do: Pray behind the Imam
as he follows different Maslak or do not pray behind him and pray separately.
If I pray separately then I will lose all the reward of Jama’at and there is no
other alternative because there is no other Masjid to go. Please advise me what
to do.
A) You should remember that Jama’at in Taravih is not a Sunnat-e-Muakkada,
therefore, you should try to have some other Hanafi Muslim with whom you
may offer Taravih prayer in Jama’at by reciting small Surahs. If you are not
able to do so you may offer Taravih separately on your own.
3.9.5 Leading Taravih prayers at two places

Q) As an Imam at a Mosque I will be leading the Taravih Salah during the
Holy month of Ramadan. However, I have been asked by members of another
nearby Mosque to come and lead them in Taravih Salaah after I have finished
at my Mosque. Two questions arise:
1) Will it be permissible for me to lead the second group of people in
Taravih Salah.
2) Can I lead the first group of people performing Taravih with the
intention of Nafil Salaah and then lead the second group with the intention
of Taravih.
A) Once you have lead the Taravih prayer at one place you cannot lead the
Taravih at another place. Similarly it is not allowed to lead the Taravih with
intention of Nafil when your followers are performing the Taravih with the
intention of Sunnah.
3.9.6 Correcting an Imam in Taravih & offering Witr with two

salaams
Q) We are going to a Mosque here for Taravih where prayers are led by a
Hafiz who has been requested to come and lead Taravih during Ramazan, from
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Madinah. He is the grandson of my father’s sheikh (Hazrat Abdul Ghafoor

Madni Rahmatullah Alaih) and is known by our family. He follows Imam Abu
Hanifa. But there is a problem when it comes to correcting him while he is
reciting Qur'an in Taravih. Including me, there are three hafiz-e-Qur'an who
follow him in Taravih.
But there are two Arabs who open the Qur'an and read from that while he is
reciting and correct him immediately if he makes a mistake. We have raised
our voice a few times and told them to wait and see if one of the Hafiz corrects
him first and if we miss that, then they can go ahead and make the correction.
As per my understanding, you cannot correct your imam if you have a Qur'an
open in your hand and you are reading that while you are praying (as some
Arabs in Makkah and Madinah do).
Our imam told us last night that he would rather go with one person who has
Qur'an open and let him correct imam. In his reasoning, he is saying that a
hafiz can make the same mistake the imam can make and that this is how they
do in Makkah and Madinah too.
Therefore, I wanted to ask you this favor of asking Hazrat about it and letting
me know as to what we should be doing at this time. Mufti Mohammad Akram
(our imam in the Mosque here) told me that the person who opens the Qur'an
during prayers is not actually in the state of prayers and is considered outside
the prayer. Therefore, his correction cannot, be accepted by an imam while
leading a prayer. Please ask Hazrat to lead us here as to what should we do.
Should we insist that the imam followed our lead or should we follow what he
is telling us to.
While we are on the topic, please ask Hazrat what we should do if some other
Arab imam comes and leads the Witr prayers. Should we follow them and say
two Rak’ats of our ‘Witr’ and say Salaam after that and complete the third
Rak’at, separate from the first two Rak’ats (as Arabs do) or should we read our
‘Witr’ away from the Jama’at.
A) You have asked about correcting an Imam in the Taravih. In fact there is
difference of opinion in this issue. According to the Hanafi School nobody can
correct an Imam while reading from an open copy of the Holy Qur'an, while
the Hanbali School deems it permissible. You should tell your Imam as well
as the Arab brothers that in case of such differences of opinion that practice
will always be preferable which is acceptable to all. Now if a person corrects
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the Imam in Taravih from an open Qur'an and the Imam accepts his correction
the Salah is not valid according to Hanafi School. On the contrary if a Hafidh
corrects the Imam without reading from the Qur'an the Salah is acceptable
not only to the Hanafi but also to the Hanbali and everybody. Therefore, this
practice should be adopted because it satisfies the requirement of all schools.
I hope this approach should be acceptable to a community which has the
attendance from different schools.
The same principle is applicable to the case of Witr if the Witr is performed
with two salams, then Salah is not acceptable to Hanafis, while if it is
performed with one salam it is acceptable to all, therefore, this practice should
be adopted. However, if the Imam insists on offering Witr with two salams as
general Arabs do, a precautious practice for a Hanafi Muslim would be to offer
his own Witr separately. But if it causes disunity among the Muslims or causes
a Fitna it is also permissible to offer the Witr behind the Imam who offers Witr
with two salams.
3.10 Istikharah (prayer to reach a right decision)
3.10.1 What is Istikharah and its true place in decision making

Q) I married a woman about 3 years ago. I went to see her and everything
was done the Islamic way, i.e. I did Mashwera and Istikharah (and I saw good
dreams and my heart felt content). But despite the Istikhara, etc our marriage
broke up after just a few weeks of living together, as it transpired that she was
mentally unstable. I married again this year. This time was extra cautious and
therefore did Istikharah over a long period and begged Allah to guide me, as
a result of which I saw many good dreams. But I did not stop at that, I had the
dreams interpreted by a big Alim and he also gave me the go ahead. After that
I did Mashwera with my superiors and they also gave me a go ahead.
But Innalila, again my marriage has broken down in a short span of time. Why
is that both my marriages have failed (through no fault of mine, I tried my best
both times) even though I did Istikharah and Mashwara both times and felt
content at heart. Didn’t the Holy Prophet Muhammad ‫ ﷺ‬say "He who does
Istikharah will never fail and he who does Meshwera will never be regretful."
What is the meaning of this Hadith. Wasn’t I supposed to be assured success
after having performed Istikharah and Meshwera.
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A) Istikahra is a particular form of prayer and the masnoon way of doing it is

that the person performs 2 Rak’ats with the intention of Istikharah then recites
the Dua for Istikharah which may be found in all books of prayer. The other
ways of Istikhara, which are suggested by some persons, is not masnoon. So far
as the effect of Istikharah is concerned you must observe the following points:
First of all you must know that Istikharah is nothing more than a normal Dua
in which a person prays to Allah ‫ ﷻ‬to guide him to reach a right decision. It is
not correct to presume that in response to an Istikharah Allah gives an answer
in the form of a dream. Similarly it is not necessary that a dream is seen after
making an Istikharah and even though a dream is seen by the relevant person,
it is not an absolute answer towards a particular direction because dream is
not treated in Shari'ah as a binding proof of something. The expected result of
Istikharah is that the relevant person himself takes a decision, which is good
for him in this world or in the hereafter or in both. But just as the grant of
other prayers depends on certain conditions, the Istikharah is subject to those
conditions as well. If some of these conditions are lacking, it is not necessary
that this prayer is granted.
Secondly, to make an Istikharah does not mean that a person abandons all
other necessary enquiries. A person must carry out all efforts necessary to
reach a correct decision even after making Istikhara. If a person is content on
Istikharah and does not make the desired efforts to reach the correct decision
he may fall into error.
Thirdly, in this particular case the reason for breakup of marriages is not
certainly known. It is possible that the marriage failed not because the decision
to marry that woman was wrong but because the husband could not properly
handle the marriage. In other words it is possible that the decision to marry the
woman was correct but the decision to divorce her was wrong.
Fourthly, as mentioned in the first point in some rare cases Istikharah does
not prove to be fruitful in this world but it is certain to be fruitful in the world
hereinafter.
3.10.2 Repeating the Istikharah

Q) I did Istikharah to quit from my job and become full time active and
working partner in my business, which is currently being run by my other
partner. I did Istikharah for 3 consecutive nights and all 3 nights I saw very
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good and wealthy dreams and when I woke up in the morning I felt very
peaceful. This Istikharah I did 1 1/2 months back and I was planning to quit
my job sometime in March. Do I need to do Istikharah again or quit my job
and start active partnership in my own business with Allah’s Tawakual.
A) Istikharah is a form of prayer (dua) which means "to seek good". It is a
prayer in which a person prays to Allah ‫ ﷻ‬to destine for me what is good from
among two options. Although in some cases a person making Istikharah sees
some dreams having some indication about the best option, yet it is neither
necessary to see such dreams after Istikharah nor are the dreams conclusive in
the matter. The basic benefit of an Istikharah is that Allah ‫ ﷻ‬causes the best
thing to happen and puts in the heart what is good for the person. In view of
this the Istikharah you have made for three days is sufficient. However, there
is no harm in repeating it before starting the new business.
3.11 Sajdah of Sahw
3.11.1 Sajdah of Sahw by an individual praying in congregation

Q) If one is offering prayers (Salah) in congregation (Jama’ah) and he
commits a mistake under which sajdah for repentance becomes mandatory,
then, can he offer such a sajdah at the end of the prayers (Salah). If yes, please
specify the correct procedure for the same and clarify the situations under
which one must perform such a sajdah while in congregation.
A) If a person offering his Salah with Jama’ah commits a mistake behind his
Imam which is normally remedied by the Sajdah of Sahw, he need not, offer
the sajdah of Sahw, because the sajdah of sahw is obligatory only on a person
praying individually or on a person leading the prayer. As for a person praying
behind his Imam as muqtadi, the rules of sajdah of sahw are not applicable on
him. His Salah will be valid without the sajdah of sahw, unless he leaves an
obligatory (Fard) act altogether, like the sajdah, or ruku, etc. in which case the
sajdah of sahw will not be sufficient to correct the error, but his Salah will be
void and he will have to offer the prayer once again.
As for those mistakes which are remedied by the sajdah of sahw for an Imam
or for a person praying individually they are forgiven for a person praying
behind the Imam, and his Salah is deemed to be complete without the sajdah
of sahw.
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However, if the person has missed one or two Rak’at from the jama’ah and
he is offering the missed Rak’at on his own after the congregational prayer is
over, and he makes a mistake for this duration, he will have to offer the sajdah
of sahw, because, while completing the missed Rak’at, he is deemed to be a
person who offers the prayer individually, and the sajdah of sahw is obligatory
on him like any other individual.
3.11.2 Sajdah of Sahw for errors whilst performing Salah

Q) I have been in the practice of making 4 Rak’at with one Salam, I ask if
I forget to recite the Thana at the beginning of the third Rak’at and start the
recitation of Surah Fatihah and then remember, can I stop reciting the Surah
and recite the Thana and then recite the Surah or should I just make Sujudu-
Sahw.
Again concerning the making of 4 Rak’at with one Salam, in the first two
Rak’ats I recite Surah 111 and 112. Is it permissible for me now to recite 94
and 95 in the 3rd and 4th Rak’at since these are considered two new Rak’at.
If one does not remember how many Sajdah he has made and makes another
not knowing whether it is the second or third, should he make Sujoodus -Sahw
or start the Salah afresh.
If one stood up, and realized that he had only made one sajdah, what should
he do.
A) When you are praying four Rak’ats with one Salam, it is not necessary to
recite Thana in the beginning of the third Rak’at, rather it is advisable. Therefore,
there is no question of any Sujoodus Sahw for not reciting Thana. Even in the
first Rak’at, it is not Wajib to recite Thana, it is only Mustahab.Therefore, if
someone missed to recite it, he need not make any Sajdah of Sahw.
If you have recited Surah No. 111 and 112 in the first two Rak’ats, you should
not recite Surah No. 94 or 95 in the last two Rak’ats, because it is advisable
to recite the Surahs of the Holy Qura’n in the existing order of compilation.
When you are performing four Rak’at with one Salam, the second couple of
Rak’ats is not a new Salah in this respect.
If one does not remember how many Sajdahs he has made, he should try to
recall the exact situation, and act according to the most probable possibility
according to his own guess. However, if he is unable to guess, both sides being
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equal, in that case he should perform another Sajdah, and he need not make a
Sajdah of Sahw.
In the last case, he should go back to perform the missed Sajdah and should
make Sujoodus Sahw at the end.
3.11.3 When doubtful on how many Rak’at one has performed
Q) It frequently happens during Namaz (Salah) that I forget the correct

number of Rak’at I have performed. For example, I get confused during the
Salah whether I have performed two Rak’ats or three Rak’ats. Normally in
such a situation I repeat my prayer all over again. Is this what we are supposed
to do or is there any other solution to this problem. Please enlighten me in this
respect.
A) You need not repeat the prayer every time you face such a situation. If a
person has experienced this confusion for the first time, he or she is required
to repeat the Salah. However, if this confusion occurs frequently, as in your
case, you are not required to repeat the prayer.
Instead, whenever you are confused during your prayer, you should guess and
should act according to the number which appears to you more probable. For
example, if you are confused in the zuhr prayer whether you have performed
two Rak’ats, or three Rak’ats, and after reflection it seems to you more
probable that you have performed three Rak’ats, you should act accordingly
and after adding one more Rak’at, your four Rak’at will be deemed to have
been complete.
But even after reflection, you cannot recollect the actual number of Rak’ats,
both possibilities are equal and you cannot prefer one of them over the other,
then you should act according to the lesser number. For example, if you cannot
recollect whether you have performed two Rak’ats or three Rak’ats, you
should presume that you have prayed only two Rak’ats and should add two
more Rak’ats to complete your zuhr prayer.
However, in this case (i.e. when acting according to the lesser number) one
should sit for Tashahhud after each Rak’at which could possibly be his last
Rak’at. Therefore, in the above example, (when one is confused about two or
three Rak’at, and takes it to be his second Rak’at) he should sit after his next
Rak’at and should recite Tashahhud, because there is a possibility that it is his
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fourth and last Rak’at. Then after reciting Tashahhud, he should stand up and
should complete the four Rak’at according to his presumption, and should
perform a sajdah of sehw in the last.
Take another example: Suppose, you are saying the prayer and get confused
whether it is your first Rak’at or the second one. Both possibilities are equal.
Now you should take it as your first Rak’at. Normally it means that you should
not sit for Tashahhud after sajdah but since there is a possibility that it is your
second Rak’at i.e. the last Rak’at in the fajr, prayer, you should sit after sajdah
and after reciting Tashahhud you should stand up again and perform another
Rak’at with a sajdah of sahw at its end.
In this manner, you can resolve the problem without repeating the prayer.
3.12 Praying Salah correctly
3.12.1 ‘Niyyah’ of Salah is the ‘intention of heart’ (not words)

Q) When we follow the Imam in Salah, we are supposed to make an intention
that we are doing so. Do we make this intention verbally, or in the heart, or just
stand which will become the symbol of our intention to follow the Imam.
A) A lot of misunderstanding seems to be concerning niyyah or intention
in Salah. People think if they do not actually say the set words of niyyah
before starting to offer their Salah, their Salah will not be valid. This is not
correct. Niyyah means the intention of the heart. When a person is going to
offer his Salah in a congregation behind an Imam, it is not necessary that he
should say this in words. The formal set of words used ‘to form’ an intention
should not be taken to mean that Salah will not be established if these are not
repeated verbally. This notion is incorrect. Think of a person who joins the
congregation with the Imam going for Ruku’ (bending position) and while
he is still standing and struggling with the formalized words of intention, the
Imam rises from the Ruku’. So, as I said earlier, this formal verbalization of
the words of intention is not necessary at all.
The same is true about the intention (niyyah) of keeping a fast. I get a lot
of telephone calls at the time of suhur (sehri: pre-dawn snacks in Ramadan)
telling me that something terrible has happened to the caller. When I ask him
as to what it could be at this hour, he would say that he has eaten his suhur but
forgot to make the intention to keep the fast. When I ask, "Why did you eat
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your suhur on this dawn of Ramadan." - the answer is, "To fast". I ask, "How is
it that you made no intention then." The answer is, "Well, Sir, I did not say the
words of intention," that is, "I intend to keep the fast of the month of Ramadan
for tomorrow". So, all this formalism is wrong. Niyyah is the intention of the
heart. Therefore, anyone standing behind an Imam to offer his Salah, for all
practical purposes, intends in his heart that he is going to follow the Imam.
3.12.2 Eyes should be on the spot of Sajdah in Salah
Q) Some people look here and there while in Salah. Is this permissible.
A) For a person who stands to perform his Salah, the masnun method is
to set his eyes on the spot where he is to perform his sajdah; and if his eyes
are not on that spot and he is looking towards what is in front of him, this
act is of his contrary to Sunnah, but the Salah will still be valid. Now, if a
person is looking towards his right or left and he has done it in a manner that
his neck has not turned towards either side, his Salah will be valid, although
doing so unnecessarily is makrooh (reprehensible). And if he intentionally
looks towards his right and left having turned his neck then, this is outright
impermissible; and if anyone does this in a way that the average onlooker
finds it totally foreign to Salah, then, the Salah itself will become invalid.
3.12.3 Movement of tongue & lips necessary in Salah
Q) Some people seem to recite words used in Salah without moving their
lips. What is the correct method.
A) Well, reciting words verbally is necessary in Salah, no matter how low
the voice is. But, the movement of the tongue, and the movement of lips in
the required words, is necessary. Now, if a person stands in Salah and recites
everything within his heart, his Salah will remain simply unperformed.
3.12.4 Reciting with moderate loudness when praying individually

Q) Can one recite the Holy Qur'an with moderate loudness when one is
offering not in congregation (jama’ah).
A) Yes, it is permissible, rather advisable, to recite the Surah Al Fatihah and
other verses of the Holy Qur'an with moderate loudness, when one is offering
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individually, the Salah of fajr, maghrib and Isha’ but it is not allowed to recite
loudly in the zuhr and ‘Asr prayers. Loud recitation is also advisable in the
nafl Salah which is offered in the night hours, like tahajjud or Awwabin. As for
the nawafil offered in daytime, it is also permissible, though not advisable.
3.12.5 Supplication (du’a) in Sajdah

Q) Is it permissible, under the Shari'ah, to make supplication (Du’a) while
one is in Sajdah. It is commonly observed that some people after completing
their prayer (Salah) fall in Sajdah and offer supplications in that position.
Please explain the correct way in this respect.
A) Supplication during Sajdah is permissible, but the following points should
always be kept in mind:
1) While offering Sajdah in a regular prayer (Salah) the medium of
supplication should always be Arabic language. It is not permissible to
use any other language during Salah. One should restrict himself, as far
as possible, to the supplications contained in the Holy Qur'an and Sunnah.
However, if one likes to pray in his own Arabic words, the prayers should
be restricted to those things only which cannot be asked from a human
being, such as
‫اللهم اغفر يل ولزوجيت وألوالدي‬
" O Allah, forgive my sins and the sins of my wife and my children."
2) This Arabic supplication is permissible because forgiveness of sins

cannot be asked from a human being but those things which can be asked
from a human being cannot be asked in a prayer offered while performing
Salah, such as: "O Allah, make me marry such and such woman". If
somebody prays for such mundane things which can be asked from a
human being also, the Salah will be rendered void, even if the medium of
prayer is Arabic language.
3) Although offering supplications during sajdah is permissible with
the conditions mentioned above, it is more advisable to avoid it during
the Fard Salah, and restrict it to the Nawafil only.
All the rules mentioned above relate to the supplications offered in a sajdah
which forms part of Salah. However, if someone makes a sajdah out of Salah
for the purpose of supplications only, there is no prohibition, nor is it necessary
Chapter 03
164 Salah
to observe the conditions mentioned in (a), (b) or (c) above. In such a position
one can pray in whatever language one deems fit.
It is, therefore, permissible to make sajdah for the purpose of supplication
after the Salah is over. However, this should not be made a permanent practice
after every Salah, because the Holy Prophet ‫ ﷺ‬used to pray after Salah in a
sitting position, and it is in no way advisable to leave this Sunnah of the Holy
Prophet ‫ ﷺ‬forever.
3.12.6 Covering head in prayer

Q) Is topi (cap) necessary to perform Salah as an individual or as an Imam.
A) Wearing a cap during performance of Salah is Sunnah and one should
follow it as far as possible. However, a prayer offered without cap is not totally
void, though is deprived of the blessings of Sunnah.
Q) Is the prayer valid if Imam of the Mosque does not cover his head with cap
or some cloth. What kind of requirement is it to cover one’s head in prayers.
Is it Wajib, Mustahab, or what.
A) Covering one’s head during Salah is a Sunnah and one should act upon it to
the best possible extent, however, it is not a mandatory condition for the validity
of Salah therefore, the obligation is discharged without it, though devoid of the
blessings of Sunnah. We should try our best to make our Salah as close to the
Sunnah as possible. Even a slight carelessness may deprive us from the baRak’at
and reward which every Sunnah of the Holy Prophet ‫ ﷺ‬may bring to his true
follower. Therefore, we should not take this matter lightly.
Q) Is wearing of cap necessary fardh during prayers. Some people have the
view that it is not compulsory rather it was the custom of Arabs at that time.
A) Wearing caps during prayers is a Sunnah. The Holy Prophet ‫ ﷺ‬never
offered any prayer without it except in the state of Ihram. Therefore, this
Sunnah should be complied with as far as possible. However, it is true that it
is not Fardh (obligatory), therefore, any prayer performed without it will not
be invalid but it will be deprived of the blessings of Sunnah.
3.12.7 Praying Namaz (Salah) while sitting on chair
Q) If someone has problem in sitting for attahiyat but can do Ruku and
Sajda, can he do the ruku and sajda in a normal way and use the chair to sit
Chapter 03
Salah 165
for attahiyat and at the end of Namaz OR does he have to do the whole Namaz
sitting on the chair.
In short, can you mix the offering of Namaz by sitting on chair and do Ruku
and Sajda as normal or do you have to do either full Namaz normal or full
Namaz sitting on chair.
A) If a person experiences difficulty in sitting in the correct sitting posture of
‘Qa’dah’ then he may adopt any posture that he is able to sit in. However, if he
has to sit on a chair then he should do the proper Ruku’ and Sajdah normally
and then continue his Salah on the chair.
Q) I have hurt my ankles and cannot bend my foot nor put weight on it,
so have to pray sitting on a chair. What is the correct way of Praying in this
situation.
A) If you are not able to stand on your foot, nor make sajdah on the ground,
you can pray sitting in a chair. But if you are able to stand on your foot or are
able to make sajdah on the ground, and the only difficulty is in sitting down,
then you should pray in normal condition of standing and make ruku, and
sajdah as usual. However, you may sit in Qa'dah in whatever position you are
able to, including sitting in a chair.
Q) Whilst praying on a chair, where should one keep the chair in a Saff
(row).
A) If a person has a valid reason to sit on the chair even for Qiyam, then
the legs of the chair should be aligned with the heels of those on either side.
However, if he is able to stand for Qiyam then he should align his heels with
those on either side, and keep the chair slightly back, provided that this does
not inconvenience any person in the rear Saff. If it does inconvenience, then
he should keep the chair as far back as will not inconvenience any person in
the rear Saff.
3.12.8 Qaumah and Jalsah in Salah

Q) In the Namaz, how do you perform a proper Qaumah (i.e. sitting between
two Sajdas) and Jalsah (i.e. standing after Ruku). Also, for how long one
should stay in Qaumah and Jalsah.
A) Qaumah and Jalsah are fulfilled when each limb comes into its natural
‫‪Chapter 03‬‬
‫‪166‬‬ ‫‪Salah‬‬
‫‪position: in the standing posture for Qaumah and sitting posture for Jalsah. It is‬‬
‫‪Wajib to remain in Qaumah and Jalsah for the duration of one "Subhanallah".‬‬
‫‪However, it is Mustahabb to remain in Qaumah and Jalsah for the duration‬‬
‫‪of the Ruku’ and Sajdah respectively, when a person is praying Nafl Salah or‬‬
‫‪Fard Salah on his own, or is leading Jama’ah for a limited congregation who‬‬
‫‪will not be discouraged from Jama’ah by such extra time. In such scenario,‬‬
‫‪one should recite the Azkar and Duas that have been narrated for Qaumah and‬‬
‫‪Jalsah; mentioned below:‬‬
‫ىف رد المحتار (‪)505 /1‬‬
‫فمن الوارد يف الركوع والسجود ما يف صحيح مسلم "أنه ‪ -‬صىل اهلل عليه وسلم ‪ -‬كان إذا ركع قال‪ :‬اللهم لك‬
‫ركعت وبك آمنت ولك أسلمت خشع لك سمعي وبصري ومخي وعظمي وعصيب‪ ،‬وإذا سجد قال‪ :‬اللهم‬
‫لك سجدت وبك آمنت ولك أسلمت‪ ،‬سجد وجهي للذي‪ .‬خلقه وصوره وشق سمعه وبصره تبارك اهلل‬
‫أحسن الخالقني" والوارد يف الرفع من الركوع أنه كان يزيد "ملء السماوات واألرض وملء ما شئت من‬
‫شيء بعد أهل الثناء والمجد أحق ما قال العبد وكلنا لك عبد ال مانع لما أعطيت وال معطي لما منعت‪،‬‬
‫وال ينفع ذا الجد منك الجد" رواه مسلم وأبو داود وغريهما‪ .‬وبني السجدتني «اللهم اغفر يل وارحمين‬
‫وعافين واهدين وارزقين" رواه أبو داود‪ ،‬وحسنه النووي وصححه الحاكم‪ ،‬كذا يف الحلية (قوله محمول‬
‫عىل النفل) أي تهجدا أو غريه خزائن‪ ..... .‬ثم الحمل المذكور صرح به المشايخ يف الوارد يف الركوع‬
‫والسجود‪ ،‬وصرح به يف الحلية يف الوارد يف القومة والجلسة وقال عىل أنه إن ثبت يف المكتوبة فليكن يف‬
‫حالة االنفراد‪ ،‬أو الجماعة والمأمومون محصورون ال يتثقلون بذلك كما نص عليه الشافعية‪ ،‬وال ضرر‬
‫يف التزامه وإن لم يصرح به مشايخنا فإن القواعد الشرعية ال تنبو عنه‪ ،‬كيف والصالة والتسبيح‬
‫والتكبري والقراءة كما ثبت يف السنة‪ .‬اهـ‪.‬‬
‫ىف رد المحتار (‪)464 /1‬‬
‫قال يف البحر‪ :‬ومقتىض الدليل وجوب الطمأنينة يف األربعة أي يف الركوع والسجود ويف القومة والجلسة‪،‬‬
‫ووجوب نفس الرفع من الركوع والجلوس بني السجدتني للمواظبة عىل ذلك كله ولألمر يف حديث‬
‫المسيء صالته‪ ،‬ولما ذكره قاضي خان من لزوم سجود السهو برتك الرفع من الركوع ساهيا وكذا يف‬
‫المحيط‪ ،‬فيكون حكم الجلسة بني السجدتني كذلك ألن الكالم فيهما واحد‪ ،‬والقول بوجوب الك ل هو‬
‫مختار المحقق ابن الهمام وتلميذه ابن أمري الحاج‪ ،‬حىت قال إنه الصواب‪ ،‬واهلل الموفق للصواب‪ .‬اهـ‪.‬‬
‫‪3.13‬‬ ‫‪Mosques, its operations & administration‬‬
‫‪3.13.1‬‬ ‫‪Keeping Mosques open in Pandemic‬‬

‫‪Q) Below is a question sent by the local ulama of South London we would‬‬
‫‪be most great full if you could advise us.‬‬
‫‪We would like to seek Hazrat’s guidance on the subject of whether Mosques‬‬
Chapter 03
Salah 167
should remain open or whether it is permitted to close the Mosques.

The current situation in England is that the government has declared a national
lockdown, however they have kept essential services open to the public. Our
government has considered places of worship as an essential service and so
Mosques are permitted to remain open.
Many Mosques have remained open and are taking immense precautionary
measures to protect and safeguard the worshippers that attend the Mosque.
They are ensuring face coverings are worn, every worshipper brings their own
prayer mat, social distancing measures are abided by, hand sanitiser are made
available, scattered entering and leaving of the premises and no intermingling
of worshippers.
However, there are some Mosques that have closed their doors for the Friday
jumu’ah prayer, congregational prayer and even individual prayer. They have
done so because they fear for their community and the increased rates of
COVID.
As a result of the closure of some Mosques, especially for the Friday jumu’ah
prayer, it is adding additional pressure on the Mosques in their district that
remain open because the worshippers are attending the Mosques that remain
open. This is making it extremely difficult for the Mosques to cope and they
are already stretched with three, sometimes four separate jumu’ah prayers
at one Mosque. Some of the Mosques are struggling so much that they are
considering closing their doors too.
Due to the British Government allowing the Mosques to remain open for
congregational prayer, is it permissible for any Mosque to close their doors.
A) When the government itself treats the Mosques as essential service,
there is no reason to close the Mosques. Rather, it will invite Allah’s mercy.
Therefore, my considered opinion is to open the Mosques for all prayers.
3.13.2 Management of the Mosques

Q) I am a recent subscriber to your worthy magazine and have enjoyed every
issue of your magazine since December last year. I pray that Allah will give
you and your organization all strength and willingness to carry on your good
work. I would be obliged if you would answer these questions for me either
directly or through the medium of your magazine.
Chapter 03
168 Salah
1) Who are the people who form the Jama'ah of a Mosque. Is there an
area limit. Are there any other criteria to form the Jama'ah.
2) There is a Mosque in our city which is situated in a highly commercial
area. This area was formerly highly residential and the many Muslims
living there built and maintained the Mosque. They also donated several
properties to this Mosque as waqf which gives this Mosque substantial
income. Can the descendants of these donors and residents of this locality
continue to be part of the Jama'ah of this Mosque.
3) Who is trustee of a Mosque. Must he be from the Jamaah who
qualifies to be a trustee. What are his duties. Can a person who does
not form part of the Jamaah of a Mosque be a trustee of a Mosque. Can
trusteeship pass on from father to son because the father has contributed
substantially to the building and maintenance of the Mosque.
A) The Mosque is a particular kind of waqf not owned by anyone. It is a
property devoted for the pleasure of Allah. As soon as someone makes his
property waqf for the purpose of building a Mosque, he ceases to be its owner.
However, while effecting a waqf one can appoint himself, or any person of his
choice, as administrator of that waqf who takes care of its management and
carries out its day-to-day affairs according to Shari'ah and conforming to the
conditions of the Waqf. This administrator is called "mutawalli".
If no mutawalli has been appointed by the founder of the waqf, the founder
of the waqf shall be deemed to be the mutawalli during his lifetime, unless
he appoints another person as such. The founder of the waqf can also appoint
a person to take charge of the administration of the waqf after his death. But
if no such person has been appointed by him, the privilege of appointing a
mutawalli shall pass on to the Islamic State or judge authorized by the State. If
the waqf is created in a non-Muslim country, or in a Muslim country where the
State does not carry out the administration of the waqf the Muslim residents of
the relevant area are entitled to appoint a mutawalli. It is preferable for them
to select a mutawalli from among the descendants of the founder of the waqf,
provided that he is qualified to work as such. However, this is not a universal
principle. The Islamic state or the inhabitants of the area may appoint any
other person from outside, specially when he is more capable to carry out the
functions of the waqf.
A mutawalli of a Mosque should always be an adult Muslim, fully capable
Chapter 03
Salah 169
of administering the affairs of the Mosque in a trust-worthy manner using

the funds with honesty for the betterment of the waqf only. He should also
be a practicing Muslim. If he lacks any of these conditions, he is liable to be
removed, even if he is the maker of the waqf himself or if he is one of his
descendants or any other person. In this case he must be substituted by another
person fully qualified for the purpose.
The administration of a waqf or a Mosque can be entrusted to a committee
also, in which case the committee, as a whole, shall be the mutawalli of the
Mosque having the same rights and obligations as those of an individual
mutawalli. The members of this committee should, as far as practicable, have
all the qualities mentioned above for a mutawalli of a Mosque.
These are the basic principles underlying the rules of the administration of a
Mosque. In the light of these principles the answers to your questions can be
understood easily. However, a brief answer to each question is given below
for your convenience:
1) Most probably you have used the word "Jama’ah of a Mosque"
in the sense of its executive committee. There is no particular number
prescribed for its members, nor a particular locality from which they may
be selected. The main requirement is that they should have the qualities
of a mutawalli as mentioned above.
2) If the descendants fulfil the aforesaid requirements, they can
continue to be the members of the committee. Otherwise, they should be
substituted by capable persons.
3) "Trustee" is a legal term, different in connotation from the Islamic
term "Mutawalli". The qualifications of a mutawalli have been explained
earlier. If the executive committee has been formed after creating a legal
trust, each member of the Board of Trustees can be regarded as a trustee,
and his qualifications are the same as mentioned with reference to the
member of the executive committee.
3.13.3 Misuse of loudspeaker
Q) Admittedly, the use of loudspeakers installed outside the Masjid is
of benefit to the Ummah when Azan is called for prayers five times a day.
However, I have the following questions in respect of the use of these outside
loudspeakers:
Chapter 03
170 Salah
- Shouldn’t the volume of the loudspeakers be restricted or controlled

so as to reach a reasonable area around the particular Masjid. In the area
surrounding my place of residence, there are five Masjids, two of which
are within a one hundred yard radius. For Azan at Fajr and lsha, it seems
that the loudspeaker might as well be inside my house for the volume is
so high windows would shatter if the house was sealed shut.
- Each of the five Masjids, at Fajr in particular, recite the Azan 10 to
15 minutes apart. Is this necessary. Even if the Jama’at is held at different
times before sunrise could the Azan be recited at one "Universal" time in
the area.
- Is it permissible to use outside loudspeakers to recite Salat wa Salam
and/or Sermons. One or two of the Masjids in our area do this daily after
Fajr prayers and due to timing difference in Jama’at prayers, this high
volume clashes with the Jama’at Namaz in progress at other Masjids. It
also adversely affects individuals praying / meditating at home after the
Fajr prayers.
- One of the Masjids in our area makes a daily announcement on the
outside loudspeakers at sunrise to the effect that it is time for sunrise and
it is forbidden to offer Namaz at this time and that Namaz can be offered
a few minutes later. First, isn’t it improper to use the outside loudspeakers
for this purpose, and secondly, does everyone have to be advised of this
on a daily basis.
- I do not think that the Masjid’s outside loudspeakers be used for any
announcement other than the Azan, with the possible exception of calling
people for Namaz-e-Janazah. However, one of our area Masjid makes
announcements on death of people in and outside the immediate area as
well as those outside our city and country: they announce for meetings to
solve their Water Bill problems, for special sermon meetings for ladies
etc. And these announcements are made without regard to time of day or
night. I am sure Islam does not allow for such acts.
Could you please comment on this and advise which judicial authority should
be approached to rectify this.
A) You have raised a very important question which requires serious
attention of the imams and the management bodies of the Mosques. No doubt,
loudspeaker is a very useful instrument to extend the voice of Azan to a wider
Chapter 03
Salah 171
range and to enable all the audience sitting in the Mosque to hear the sermon.
But, like any other thing, if it is used indiscriminately without observing the
limits prescribed by the Shari'ah, it becomes harmful and injurious. The way
it is used in a large number of the Mosques in our country is not warranted by
the principles of Shari'ah. It does not only hurt the people living around the
Mosques, but also creates adverse feelings against the Mosque managements
and other religious circles.
As far as Azan is concerned, the Holy Prophet ‫ ﷺ‬has emphasized its recitation
with a loud voice which may reach distant places also. The use of loudspeaker
facilitates this objective. Hence it is not only allowed, but also advisable. Your
suggestion that the Azan in different Mosques near to each other, should be
recited at the same time is also a good suggestion which may be acted upon.
But while offering Salah or delivering a sermon, it is necessary according
to the settled principles of Shari'ah that the voice of qira’ah or the sermon
should not exceed the relevant musallis or the audience, as the case may be. If
the voice spreads outside the Mosque, it may disturb the people and prevent
them from performing their activities properly. There may be patients who
may suffer. There may be people performing acts of worship who lose their
concentration. There may be numerous situations in which a loud voice may
cause different harms. The Muslim jurists are also unanimous on the point
that the recitation of the Holy Qur'an in a loud voice is not allowed before
people who are engaged in their own activities and cannot listen to the Holy
Qur'an with its due etiquette. So, the recitation of the Holy Qur'an on an outer
loudspeaker brings this additional problem.
It is mentioned in a number of Islamic authorities that the voice of sermon
should not exceed its actual audience. Sayyidina ‘Aisha ‫ ڤ‬advised a wa’iz
(religious orator) in the following words:
Restrict your voice to your audience and address them only as far as they are
attentive to your speech. When they turn their faces from you, stop.5
‘Ata’ ibn Abi Rabah, the famous tabi’i, muhaddith and jurists says,
‫ينبغي للعالم أن ال يعدو صوته من مجلسه‬
The voice of a learned man should not exceed his audience.6
5 Akhbar-ul-Madinah, by ‘Umar ibn Shabbah V.I. p. 13

6 Adab-ul-imla’, by Sam’ani p.50
Chapter 03
172 Salah
It is reported by the Holy Companion ‘Abdullah ibn ‘Umar ‫ ﭬ‬that an orator

used to deliver his sermons before the door of Sayyidina ‘Aisha ‫ڤ‬. She
wrote to Sayyidina ‘Umar ‫ﭬ‬
"This man has caused me discomfort and has left me in a position that I cannot
hear anything (except the voice of the orator)."
Sayyidina ‘Umar ‫ ﭬ‬sent a message to the orator asking him to refrain from
speaking so loudly before the door of the Mother of the Muslims. But the
orator repeated his practice once again. When Sayyidina ‘Umar ‫ ﭬ‬was
informed about it, he himself went to him and subjected him to punishment.7
These quotations are more than sufficient to prove that the voice of a sermon
should never be allowed to disturb the people engaged in their own activities.
In the light of this principle, the loudspeaker should not be used at all where
the number of musallis or the audience is such that they can hear the voice of
qira’ah or of the sermon without a loudspeaker. However, if there are many in
number and cannot hear the voice directly, only the inner loudspeaker should
be used, and not the loudspeaker installed outside the masjid.
On the basis of the above, the brief answers to your questions are as under:
- Of course, even for the purpose of Azan the volume of the loudspeaker
should be within the reasonable limits according to the needs of the
relevant locality.
- As mentioned earlier, recitation of Azan in all the Mosques of at
least one locality can be carried out at one time, like the current practice
in Saudi Arabia.
- As discussed above, no sermon or Salat wa Salam should be
delivered from the outside loudspeaker. In fact, there is no reason to
use a loudspeaker at all for offering Salah wa Salam because it is not a
collective act in Shari'ah.
- The announcement of sunrise may be useful for those sitting in the
Mosque, but the use of the loudspeaker for this purpose seems to be
unnecessary. The use of the loudspeaker for such announcements should
also be avoided, except in cases of necessity.
- Before parting with this question, I would like to emphasize that
7 Akhbar-ul-Madinah, V.I. p.15
Chapter 03
Salah 173
when the unnecessary use of loudspeakers for such pious objectives is

not allowed in Shari'ah, how can it be permissible to disturb people by the
loud voices of songs or musical instruments used in different ceremonies
or meetings. This practice is far more objectionable and sinful.
- As for a judicial action against such activities, one can approach the
law enforcing agencies to implement the relevant law, but one should try
in the first instance to solve the problem by mutual understanding, on an
amicable basis.
3.13.4 Can a Mosque be sold or used for any other purpose

Q) In many western countries Masajid were bought at locations that were at
the time affordable and in a residential area that was considered a good area.
Over the years, Muslims move out for number of reasons, such as:
- Aging of the houses;
- Increase in crime;
- Decrease in property values;
- High rental cost;
- Traffic or other hazards etc.
Under such circumstances, can the Masjid be sold and a new property can be
bought with the same money at a new location, otherwise, it is used mainly for
Jumaàh and Eid Salah.
A) The Basic principles enshrined by the Islamic jurisprudence is that "Once
a masjid always a masjid", therefore according to the majority of the Muslim
jurists, a masjid can neither be sold nor can be used for any other purpose than
praying and this principle is not relaxed in any case whatsoever.
However, the Hanbali school has allowed the sale of Masjid only in case where
the Masjid is not expected to be used for prayer any time in future, but at the
same time they hold that this permission cannot be availed of in a situation
where the Masjid can be used for any type of prayer by very limited number
of people or only on few occasions.
The views of the majority of the Muslim jurists in favor of the absolute
prohibition of the sale of the Masjid carry much weight not only on the basis
of the original source of the Holy Qur'an and Sunnah but also on the ground
Chapter 03
174 Salah
that once this door is opened it may lead to the decrease in the number of
Masjids. The Christians have allowed the sale of their churches and the results
are noticed by everyone that they are selling their churches one by one which
has reduced not only their number of churches but also their honor, respect and
their status in the society. The Muslims should not allow this to happen with
regard to their Masjids. However, if it is felt in the case of a particular Masjid
that if it is abandoned in its present condition not attended by any Muslim and
it is apprehended that the sanctity of the Masjid shall be violated by the non-
Muslims, and there is an extreme necessity to sell the Masjid this particular
question may be asked with regard to that particular Masjid by mentioning
all the relevant details and the reasons of such apprehension in which case it
may be considered whether or not the view of Hanbali school can be applied
to such a situation. You have mentioned that the Masjid in question is used for
Juma and Eid prayers. In this case the Masjid cannot be sold at all.
Q) We in a community in Canada have purchased a property and converted
it into a masjid. Alhamdulillah, this has had a positive influence on the
community. A couple of years have now passed and the feeling amongst some
is that this particular location is not the most suited (size wise, for future
expansion, etc.). The question which arises is:
Is it permissible to sell the present property so that we can acquire another
which is more suitable in our opinion. Please do provide evidence and
references so that we may show the answer among the ‘ulama.
A) Selling Masjid in the situation you have mentioned in your letter is not
permissible at all, according to any school from the four recognized ones.
Imam Abu Hanifah, Imam Shafi'i and Imam Malik are firmly unanimous on
the point that once a property is converted into a Masjid it cannot be sold in
any case. However, it is only Imam Ahmad Ibn Hanbal who has opined that
in an extreme situation where the Masjid no longer useable for the purpose of
a Masjid. The only fact, that the location of the Masjid is not the most suited
one, does not justify its sale even according to Imam Ahmad Ibn Hanbal (For
the rulings according to Hanafi, Shafi'i and Maliki schools see Al-Sharbini:
Mughni Al-Mohtaj v.2, p. 392, Al-Mawwaq v.6 p. 42, Ibn Al-Human: Fat al-
Qadir and for the stand point of Imam Ahmad Ibn Hanbal see Ibn Qudamah:
Al-Mughni V.6, P 225)
Q) We herein had bought a church about twenty years ago and had it
Chapter 03
Salah 175
converted to a masjid. In fact, it was a markaz of tablighi jamat for a period of

time. There were some Muslim who used to live in that area but now, not only
that there is not even one Muslim living in that locality but the entire town is
full with people of ill-nature (homosexuals). This masjid has the capacity of
at least two hundred people but there come only three to four people for every
prayer and those are people who reside in the rooms of the masjid and the
Imam.
The building is so old and fragile that, if inspected by Chicago Inspection
Team it either would be closed down until its renovated, or probably if not
promised to renovate it might be seized.
There is no parking at all for people who come to pray so people just don’t come.
So, if money and other resources are invested in ameliorating the masjid’s
condition it seems, but more precisely it is for certain, that the number of
prayers is not going to increase because of the area.
The cost of just maintaining the masjid will be enormous. Not much revenue
will be generated. Because of these and other financial setbacks there will be
a lot more problems.
Now the question is can we sell the property and whatever we obtain from this
transaction invest in building another masjid in a different locality where there
is a greater need for it.
People over here are finding themselves caught between a rock and a hard
place! They have, or they say, no option except to sell it.
A) I have a detailed Fatwa on the subject which is published in my Arabic
book "Buhooth Fi Qadaya Fiqhiyyah Mu’asirah" in answer to a questionnaire
of the Islamic Center Washington. The gist of the answer is that in normal
conditions there is no way to sell a Masjid but in an extremely emergent
situation, like the one asked by you, the Muslims can proceed to sell on the
basis of the view of Imam Ahmad Ibn-e-Hanbal but this permission should be
given after making it sure that a real need exists and that the relaxation of the
rule in this particular case will not be misused by other people where there is
no such emergency.
The proceeds of the sale must be strictly used for erecting another Masjid.
Please go through the Fatwa in that book carefully and make sure that all the
basic conditions for that relaxation are fully complied with.
Chapter 03
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3.13.5 All the area of a Mosque remains a Mosque forever

Q) At present, we are facing a small problem regarding the Mosque’s
boundary in the Township of Fauji Fertilizer Company Limited at Goth Machhi,
Sadiqabad, District Rahim Yar Khan. I perceived to seek your guidance to
resolve the prevailing issue. The Township had an old Mosque, which was
small in size i.e. not compatible with the growing number of Namazies and
only 18.6’ from the metalled road. The old Mosque was demolished and it was
decided to reconstruct the new Mosque by readjusting its location/boundary
and increasing the size with better design. Accordingly, the Mosque was
redesigned, shifted from the previous location to the right (North) and a new
Mosque has been constructed. During readjustment, an area of 22.6’x94’ of the
old Mosque from the South was not included to keep the new Mosque away
from the road. The utilization of this corridor has created controversies, which
is desired to be resolved. The sketch is attached for your reference/study.
Please furnish Fatwa in the light of Qur'an and Sunnah for the satisfaction of
the inmates of the Township considering the following aspects:
- Whether this piece of ground should be treated in accordance with
the sanctity of the Mosque or simple piece of ground.
- Whether this ground can be used for: beautification purpose i.e.
growing of grass, plantation of flowers/trees or otherwise.
- Whether the path/entrance can be utilized for placing of shoes before
entering the Mosque or otherwise.
A) The principle in Shari'ah is that once a Masjid is constructed and is
declared to be a formal Mosque, all the area covered by that Mosque acquires
the sanctity of a Mosque forever. This status of the Mosque can never be
reverted.
Based on this principle the area of the old Mosque which is not covered in the
new Mosque cannot be used for any purpose other than the activities of the
Mosque itself. It is, however, not necessary that this area is covered by a roof,
it may be left open so that it may be used for prayers or if this area was being
used in the old Mosque as a place for wudhu etc, it may be used for the same
purpose to that extent. It is also permissible for growing grass in it, but there
should be a board to indicate that this area is the part of the Mosque and has
the same sanctity as the Mosque itself. Therefore, one cannot enter this area in
Chapter 03
Salah 177
the state of impurity (janabah or menstruation) and the people may come to it
in the state of Itikaaf.
3.13.6 Re-construction of the Mosque & funds from non-Muslims

Q) Last year on 22nd September our Mosque was fire-bombed and
was completely destroyed. A lot of non-Muslims, individuals as well as
organizations donated towards the re-construction of the Mosque. Are we
allowed to use these funds for the Mosque. If not, for what purpose can we
utilize the funds, i.e. car parking, driveways, landscaping etc.
The previous Mosque was not insured, thus a total loss. In the light of the
current situation, are we allowed to insure the Mosque.
A) Undoubtedly you can use the funds donated by non-Muslims, individuals
and organizations for the reconstruction of the Mosque. The only condition
for accepting donation from a non-Muslim is that it does not cause any undue
influence on the Muslims in practicing their Islamic teachings, which apparently
is not the case in this donation. The reason is that in the present circumstances
the loss was caused to the Mosque by the non-Muslims themselves, therefore,
they are responsible for repairing the loss to the full extent. The commercial
insurance as prevailing in the market is not allowed in Shari'ah.
3.13.7 Parking Lot in the Mosque Premises

Q) Alhamdu-Lillah, the Muslim community here has been able to purchase
a 1.85 acre parcel of land to build a Masjid, insha Allah. As you may be
aware, the real estate prices in the Silicon Valley (San Jose & vicinity) here
in California are the highest in the United States. We had to pay $1.9 Million
Dollars to purchase this land. I have a question regarding an issue with the
construction of a Masjid. In this area the Masajid are generally about 10-15
minutes away by car from people’s homes or offices. Most people attending
the Salah have to come by car. During Jumu’ah Salah the number of cars
driven to Masjid are quite large. According to Code sufficient on-site parking
must be provided to accommodate these cars. The high cost of real estate and
construction costs in this area is very prohibitive to purchase more lands to
build a parking lot. In view of this, would it be allowed to build a Masjid with
a parking garage under the Masjid building.
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178 Salah
A) If the organizers of the Masjid have a clear intention before starting the
construction of the Mosque that the basement of the Masjid will be used for
the purpose of parking, it will be permissible to do so on the condition that this
parking in the basement is made waqf on the Masjid itself, meaning thereby
that either free parking is made available to those coming for offering prayers
or if it is a paid parking the proceeds are used for the Mosque itself.
3.13.8 Praying in a Mosque built from interest-based finance

Q) On the border of Norway there is a little town called Halden. Two years
ago, Muslims here bought a place for a Mosque (Masjid). Some amount of
money was collected, and the rest was taken from the Bank to buy that place.
The place is being used for everyday Salah, Salatul Jumu'ah and taleemul
Qur'an for the children etc. Now some Muslims here have criticized and
accused that this Mosque has been bought through money with Riba (or you
can say soody Qarz in Urdu). They say every ibadat like Salah and taleemul
Qur'an is Haram and forbidden there. Is it Haram to do ibadat there. And some
Muslims stop other Muslims from going there for Salah and taleemul Qur'an.
Those who do go are they doing correct.
This situation has created a conflict (intishaar) and groups (tafarqa) among
Muslims. So please explain in detail what to do in this situation.
A) It is not permissible to acquire an interest-based loan from the bank to
purchase a place for a Mosque. The people who have borrowed this money should
make Tauba and Istighfar for this impermissible transaction. However, the Masjid
established on that place will acquire the status of Masjid and will be subject
to all rules and principles regarding a true Masjid. Therefore, the Muslims can
offer prayers and carry out the religious education in that Masjid. The principle of
Shari'ah is that although borrowing on the basis of interest is a grave sin yet once
the money is borrowed then anything purchased by it cannot be termed as Haram
or Prohibited. It is, therefore, not proper for the Muslims to prevent people from
offering prayers or any other religious activities in that Masjid.
Q) Some Muslims have borrowed some money (300,000 pounds) on interest-
based financing and have bought three properties which are being used as a
Mosque and madrasah. As a community member am I allowed to pray in this
Mosque built from interest-based financing.
Chapter 03
Salah 179
A) Those who borrowed money on interest have committed a grave sin

for which they must make Taubah. But it is not impermissible to pray in the
Mosque built by the money so borrowed.
3.13.9 Hiring a paid Fundraiser to collect funds for the Mosque
Q) Can they hire a paid Muslim, fund raiser to collect funds and pay him
from the Masjid Fund. Is it ok for a Muslim or a member of committee to take
such a job. Would this be Halal for him.
Remember, the fund is given to the Masjid from the community. At large,
community is not aware of all the deals inside the committee members mostly.
A) The services of a paid fund raiser can be hired for the collection of
funds from Muslims. The remuneration for such a fund raiser can be paid
from Masjid’s fund and it is permissible for a person to take such a job and
his income will be Halal because it is a Halal service for which an agreed
remuneration can be claimed.
3.13.10 Organizing events to raise funds for Mosques

Q) There has always been a struggle for masajid, deeni madaris, makatib
and Islamic schools to raise funds to accomplish their required budget. In the
recent years it has been noted that these Islamic institutes to correct a short fall
in operating cost or for a construction fund or other similarly related causes
they have started to organize fund raising events that were not found in the
lives of the illustrious Sahabah ‫ ﭫ‬and our pious predecessors. Such events
seem to merely mimic a development of the western society.
These innovative fund-raising events are in forms of dinners, barbecue’s etc.
At these events usually a plate or box of food is pre-sold by selling tickets
which is then exchanged for the food on the day of the event. Well-wishers
usually donate the material to prepare the foods which is then prepared. The
funds raised from the sales of such tickets go towards the fund-raising project.
1) Should any Islamic institute in need of funds to be raised for any
worthy cause use these methods of fund raising.
2) Are these methods a deviation from the teachings of our illustrious
predecessors and what are the consequences of treading away from
their path.
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180 Salah
3) What where the methods of fund raising in the times of our beloved
Rasulullah ‫ﷺ‬, the Sahabah ‫ ﭫ‬and our pious predecessors.
4) Should any deeni institute (Masajid, deeni Madaris, Makatib and
Islamic Schools) launch such an event; how should the Muslim community
support it.
A) Although this manner of fund raising cannot be termed as Haram in
absolute terms yet it is not desirable for the following reasons:
1) If the people purchase the food boxes (normally for a higher price)
it becomes a sale transaction, rather than a donation, and it is at least
doubtful that it will carry the thawab of donation.
2) Normally when donations are requested in such gatherings, some
people donate out of pressure, and not by their free will. Such donations
are not Halal.
3) Such gatherings often prompt people to donate for earning a good
name in the society, and thus the ikhlas which is the spirit of a donation is
jeopardized.
4) It is noticed in some such gatherings that the Islamic rules, like hijab
etc are not fully observed, and therefore it renders the whole event devoid
of barakah.
3.13.11 Investing in Halal stocks by a Mosque fund

Q) We have a Masjid’s fund and the committee is trying to invest it in Halal
Stock, as they say, from Masjid fund. All the fund is given by the people of
community on different occasions, locally and abroad. It is only to get more
money collected to support a new Masjid project. The construction is under
way. So, the investment cannot be for long-term since the money will be
needed for the construction within next couple of months or may be 6 months.
They know about a possibility of loss in stock.
Is it Halal to do this kind of transaction from Masjid’s fund for Masjid
construction. I am interested in a very well referenced reply from authentic
scholars of Islam so I can show them. Members of the committee are from
USA, Arabs, Bangladesh, Pakistan, and Africa. With all due respect, none of
them are scholars of Islam but have some Islamic knowledge.
Chapter 03
Salah 181
A) Masjid fund can be invested in Halal stocks. The basic condition is that
the company whose shares are acquired by Masjid’s fund is engaged in a Halal
business. It is however known that almost every company deposits its surplus
fund in interest-bearing accounts and some of its income is derived through
these deposits. The proportion of such income to the aggregate income of
the company should be ascertained. If this proportion is less than 5%, then a
similar proportion from the dividend or the capital gain earned through these
shares must be given in charity. The rest of the income in this case would
be permissible to use for Masjid construction. For the detailed investment
discussion on the investment in shares of a company you may consult my
book "An Introduction to Islamic Finance" which is published by Idaratul-
Ma’arif, Darul Uloom Karachi, Karachi-75180.
3.13.12 Name of the Mosque including various functions

Q) The Mosque and madrassa were constructed in 1995 with the cost of
$1.2 million Canadian and name was given "Jamia Umar al-Farooq" with
consultation of Ulama-e-kiram and it was approved unanimously in general
body meeting. Today 7 years later some brothers raised an issue that the name
needs correction. The reason they have given that the word "Jamia" cannot be
used for masjid. Please tell us that the name given is right and correct or needs
correction. For your information this Mosque has departments such as masjid
hall, recreation hall, funeral home, classrooms, madrassa, office etc.
A) "Jamia" is an Arabic word which means "University" (see Modern
Dictionary, Arabic-English). The term "University" refers to corporate body
of teachers and students devoted to education in all or many higher branches
of learning (see Oxford English Dictionary). It is obvious that this term is not
suitable for a Mosque.
Therefore, it will be appropriate if your Mosque’s name could be changed
to "Jami' Umar al-Farooq" instead of "Jamia Umar al-Farooq", and the term
"Jami" is inclusive of all the departments of the Mosque.
3.14 Other topics
3.14.1 Sleeping after Fajr prayers

Q) My question is that can I sleep after Fajr prayer if I feel tired and sleepy.
Chapter 03
182 Salah
According to Èasy Good Deeds’, "The blessed Prophet ‫ ﷺ‬has also prohibited
sleeping just after Fajr prayer prior to sunrise and has called it a source of
poverty." After Fajr prayer, I try to recite Qur'an and don’t sleep, but I can’t.
One of my reasons is that I am very tired from working. What can I do.
A) The Hadith against sleeping after Fajr prayer prior to sunrise is not of
mandatory nature. The Holy Prophet ‫ ﷺ‬has made it advisable that one does
not sleep immediately after Fajr prayer but it is not Haram. Therefore, if
someone feels tired after Fajr prayer and sleeps, it will not be deemed to be a
sinful act.
Chapter 04
Zakat 183
CHAPTER
04
WHO SHOULD PAY ZAKAT
Zakat
187
4.1 Nisab (Minimum amount threshold) of Zakat 187
4.1.1 Who has to pay Zakat - Nisab of Zakat 187
4.1.2 The Nisab of Zakat - background 187
4.1.3 Zakat on Minor’s Wealth 189
WHO CAN RECEIVE ZAKAT 189
4.2 Who is entitled to receive Zakat 189
4.3 Conditions for payment of Zakat 189
4.3.1 Zakat can only be given to a ‘real’ person 189
4.3.2 Sadaqa & Khairat 190
4.3.3 Not necessary to tell the recipient that it is Zakat money 190
4.3.4 Zakat to non-Muslims & others 191
4.4 Using Zakat to set-up Foundations or Fund 191
4.4.1 Paying Zakat to a Waqf or Foundation 191
4.4.2 Setting up a Zakat Endowment Fund 192
4.4.3 Setting up a Zakat Foundation to give Qarz-e-Hasan loans 194
4.4.4 Takaful Scheme for Imams & Muezzins funded from Zakat 195
4.4.5 Setting up a clinic for poor to run on Zakat 196
4.5 Collection of Zakat by NGOs, Charities and their expenses 197
4.5.1 NGOs Collecting and distributing Zakat & their expenses 197
4.5.2 Giving Zakat to charitable organisations 198
4.5.3 Relief organisations keeping a portion for operating expenses 198
4.5.4 Administration fee to run a charity fund 199
4.5.5 Zakat for a vehicle for a charitable institution 199
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184 Zakat
4.6 Use of Zakat funds for construction 200

4.6.1 Use of Zakat money for construction 200
4.6.2 Use of Zakat to construct houses for new Muslims 200
4.6.3 Using Zakat to construct houses for use by Zakat deserving 201
4.6.4 Zakat to build houses to temporarily give to the poor to stay 202
4.7 Paying school fees from Zakat 203
4.7.1 How to pay a Zakat deserving student’s fee 203
4.7.2 Receiving Zakat money by a young person to fund studies 204
4.7.3 School fees for Zakat deserving 204
4.8 Distributing the Holy Qur'an using Zakat 205
4.8.1 Distributing the Holy Qur'an to non-Muslims 205
4.9.1 Zakat & relatives 205
4.9.2 Helping the earthquake victims from Zakat 205
4.9.3 Paying Zakat to an indebted person 206
4.9.4 Zakat to a servant 208
4.9.5 Supporting Islamic TV or Radio from Zakat 208
HOW TO CALCULATE ZAKAT 209
4.10 How to determine the annual Zakat valuation date 209
4.10.1 When should Zakat be calculated annually 209
4.10.2 Valuation date for all Zakatable assets is same - whenever acquired209
4.10.3 Change in financial condition & Zakat valuation date 210
4.11 Rate of Zakat 211
4.11.1 Rate of Zakat based on lunar year - adjust for Gregorian year 211
4.11.2 Rate of Zakat on agricultural produce 212
4.12 Zakat calculation - Individuals, businesses & other entities 213
4.12.1 Zakat on total Zakatable asset - no minimum exempt amount 213
4.12.2 Zakat Self-Assessment Form for individuals 213
4.12.3 Zakat on interest earned and principal 215
4.12.4 Zakat on manufacturing, real estate & trading companies 215
Chapter 04
Zakat 185
4.12.5 Zakat on an individual’s assets and of a Group of Companies 218

4.12.6 Zakat on investment in various companies and funds 220
4.12.7 Zakat on the Trust Funds 222
4.12.8 Zakat on assets of a Charitable Foundation 222
4.12.9 Zakat on mosque or a charitable institution 223
4.12.10 Zakat on assets intended to give to others 223
4.12.11 Can we deduct income and wealth taxes from Zakat 224
4.13 Zakat Calculation of a business 224
4.13.1 Zakat on a sole proprietor business and rental income 224
4.13.2 Zakat on various assets of a business 225
4.13.3 Zakat on assets of a shop 227
4.14 Zakat payable by investors in business 227
4.14.1 Zakat Calculation of investment in business 227
4.14.2 Zakat calculation of investors in a joint business 227
4.15 Zakat on Property use by business or on rent 228
4.15.1 Zakat on house given on rent or remaining vacant 228
4.15.2 Zakat on building owned by a business 229
4.16 Zakat on plot of land in various situations 229
4.16.1 Zakat on plot & intention to sell 229
4.16.2 Zakat on plot not in one’s name & on installment 229
4.16.3 Zakat on open residential plot of land 230
4.16.4 Zakat on plots held for sale 230
4.16.5 Zakat on plot bought with partial payment 230
4.17 Zakat on self occupied house & furniture 231
4.17.1 Zakat on self occupied house 231
4.17.2 Zakat on furniture & fixtures 231
4.18 Zakat on Provident/Pension Funds and Medical Benefits 232
4.18.1 Zakat on employees Provident Fund contribution 232
4.18.2 Zakat on Provident Fund, Gratuity and Medical Benefit Scheme 232
4.18.3 Zakat on Pension & Retirement Funds, and Purification 234
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186 Zakat
4.18.4 Zakat on Retirement Savings Plan 236

4.18.5 Off-setting the excess Zakat paid on Pension Scheme 236
4.19 Zakat on various items of assets 238
4.19.1 Goodwill 238
4.19.2 Stock valuation 238
4.19.3 Industrial assets 239
4.19.4 Loans by an industry 239
4.19.5 Export licence and import permit 240
4.19.6 Shares in quoted companies 240
4.19.7 Shares in unquoted companies 242
4.19.8 Diamonds 242
4.19.9 Jewellery and Diamonds used by self 243
4.19.10 White gold with Platinum 244
4.19.11 Insurance premium, prize bond, NIT & other investments 244
HOW TO PAY 246
4.20 Payment of Zakat 246
4.20.1 Zakat can be given in cash or kind 246
4.20.2 When is Zakat payable and can it be paid in advance 247
4.20.3 Spreading the Zakat payment over the year 247
4.20.4 Zakat Payable for previous years not yet distributed 247
4.20.5 Cheque (paying Zakat) not debited by the bank 248
4.21 Paying Zakat on behalf of others 248
4.21.1 Paying Zakat on behalf of others 248
4.21.2 Zakat paid not accepted by a partner in business 249
4.22 Other Topics 250
4.22.1 Taxes in an Islamic state other than Zakat & Ushr 250
4.22.2 Tax deduction on charity paid 251
4.22.3 Paying non-Halal income to charity in advance 251
4.22.4 Change of intention on a past Sadaqa 252
4.22.5 Cheque (paying Zakat) not debited by the bank 252
Chapter 04
Zakat 187
WHO SHOULD PAY ZAKAT
4.1 Nisab (Minimum amount threshold) of Zakat
4.1.1 Who has to pay Zakat - Nisab of Zakat

Q) Who is to pay Zakat (Nisab of Zakat).
A) Anyone who has a ‘net worth’ above 87.48 grams (7.5 tolas) of gold or
612.36 grams (52.5 tolas) of silver or its cash equivalent as of his/her Zakat
date has to pay Zakat. The ‘net worth’ for this purpose will be arrived at after
deducting any loans and all items retained for personal use or consumption
like residential house, transport, utensils in use, clothes and furniture all of
which are non-Zakatable.
4.1.2 The Nisab of Zakat - background

Q) The Nisab of Zakat above which a person should pay Zakat on his net
wealth or below which a deserving person can receive Zakat is:
- 7.5 tola (87.48 grams) of Gold or
- 52.5 tola (612.36 grams) of Silver.
Currently, there is a vast difference in the price of Gold and Silver (Gold price
being 10 times that of Silver).
Can you kindly let us know the correct calculation of the Nisab threshold i.e.
is the Nisab based on the rule, lower of the Gold and Silver price.
Also, we would be grateful if you would explain the background of giving the
two benchmarks of the Gold and Silver, whilst generally there is always a big
difference in the price of both.
A) Zakat is a pillar of Islam, next in importance only to the obligation of
Salah. It is a financial obligation of every Muslim, man or woman, who is
owner of some wealth upto a certain threshold, termed as nisab. Nisab of
Zakat is determined by the Holy Prophet ‫ ﷺ‬himself which is not changeable,
like the number of Rak’at in Salah are determined by him without mentioning
the reason of the difference between them.
Likewise, the nisab for every kind of holdings is different from another kind,
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188 Zakat
and it is not necessary that the value of the nisab of each kind is equal to the
value of the nisab of another kind. For example, the nisab of sheep is 40 heads
of sheep out of which one head of sheep must be given as Zakat. Then, there
is no additional Zakat upto 120 heads although the value of 120 is three times
higher than 40 heads. On the other hand, the nisab of camels is only five heads
of camel on which a goat of the age of one year is to be given as Zakat. Now, it
is not necessary that the total value of 40 sheep is equal to 5 camels. The value
may differ from time to time.
In the same way the nisab of gold is 87.48 grams. Based on the principle
mentioned above, it is not necessary that the value of 87.48 grams of gold
is always equal to 612.36 grams of silver. The value has been changing over
time.
Thus, if a person owns gold only, with no silver, his nisab would be 87.48
grams, and no Zakat will be payable if he owns less. Similarly, if he owns
612.36 grams of silver only, with no gold, he will pay 2.5% of 612.36 grams,
the nisab of both being different.
The question arises only when a person owns gold and silver both, but none
of them is equal to nisab. It is in this case that the concept of valuation comes
in. The jurists say that in this case the value of both should be calculated and if
the value comes to the nisab of any of them, Zakat will be payable according
to that nisab.
Coming to the issue of paper currency, it is no more backed by any silver
or gold, but it is universally recognized as a medium of exchange and as a
substitute for gold or silver. Taking a safe side, the contemporary jurists have
regarded the paper currency as a substitute of silver for the purpose of Zakat,
and have declared its nisab as the value of 612.36 grams. This is based on the
principle that if there are two options while calculating Zakat, the preferred
option would be the one that is more beneficial to the poor, the recipients of
Zakat.
Once we have taken the paper currency as substitute of silver, all the rules of
silver will be applicable. Therefore, if a person has some gold and some paper
currency, both below the nisab, the principle of valuation as explained above
will be applied which requires that if the value of both is equal to nisab of any
one of them (practically the lower of them) Zakat will be payable according to
that nisab, which is the value 612.36 grams of silver in this case.
Chapter 04
Zakat 189
4.1.3 Zakat on Minor’s Wealth

Q) I have been setting aside money being received as gift for my son who
is now around three years old. I am separately managing and investing the
amount being accumulated and will be giving it to my son when he reaches
the age of maturity. Please let me know if Zakat is to be paid from a minor’s
money. If so, should I deduct it from the accumulated amount. If Zakat is not
to be paid at this time, please let me know when should it be paid.
A) Zakat is not payable on the money owned by a minor child. It will be
payable after one lunar year from the date of puberty. The puberty means
that he becomes able to ejaculate. If this sign does not appear then he may be
deemed to be pubert when he completes 15 lunar years from the date of his
birth.
WHO CAN RECEIVE ZAKAT
4.2 Who is entitled to receive Zakat
Q) Who is entitled to receive Zakat.

A) In the Holy Qur'an (Surah No. 9, Al - Taubah, Verse 60) Allah has Himself
determined the recipients of Zakat as follows:
The Sadaqat (prescribed alms) are (meant) only to be given to the poor, the needy,
to those employed to collect them, to those whose hearts are to be won, in the cause
of the slaves and those encumbered with debt, in the way of Allah and to a wayfarer.
This is an obligation prescribed by Allah. Allah is All-Knowing, All-Wise. (9:60)
In general, Zakat should be paid to poor persons who do not own the Nisab
and preference should be given to the one who is the closest i.e. close relatives
followed by neighbours, fellow countrymen and then people in other countries.
4.3 Conditions for payment of Zakat
4.3.1 Zakat can only be given to a ‘real’ person

Q) Can you tell precisely who is entitled to receive Zakat. Can we spend the
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190 Zakat
Zakat money for the following purposes:

1) In building a religious school which is a profit-making concern for
the operator.
2) In buying a computer or an air conditioner for a religious or a social
body.
A) Zakat should always be given to a poor person who does not own the nisab.
The nisab is 612.36 grams of silver. Any person whose surplus belongings do
not reach the value of 612.36 grams silver can receive Zakat. Zakat can be
paid in cash or in kind, but in both cases the ownership of the property given
in Zakat must be transferred to a particular real person (and not a fictitious
person) who is entitled to receive Zakat. So, the construction of the building
of a charitable institute is not a valid way of the disbursement of the Zakat
money, because in this case the property is not transferred to a particular
real person. Likewise the donation of a computer or an airconditioner for a
religious or a social organization cannot be made out of the Zakat money.
However, if these things are given to a poor person (entitled to receive Zakat)
by making him the owner of a computer, or of the building, the obligation of
Zakat is discharged.1
4.3.2 Sadaqa & Khairat

Q) How can one spend the ‘Sadqa and Khairat’ money.
A) Nafl Sadaqa and Khairat money may be spent like non-Zakat money in
reward-earning avenues.
4.3.3 Not necessary to tell the recipient that it is Zakat money

Q) Whilst paying Zakat, is it necessary to tell the recipient that it is Zakat
money.
A) No, whilst paying Zakat, one does not have to inform the recipient that it
is Zakat money. You may even say that it is a gift. In fact, it is better to say that
rather than say it is Zakat.
1 In other words, there must be unconditional transfer of ownership from the Zakat payer to the
receipient (natural person) who must be entitled to use or dispose off the property for his own benefit.
(EDITOR)
Chapter 04
Zakat 191
)228 /2( ‫ىف البحر الرائق‬

‫ وفيه‬،‫ علم اآلخذ بما يأخذه أنه زكاة لإلشارة إىل أنه ليس بشرط‬- ‫ رحمه اهلل‬- ‫ولم يشرتط المصنف‬
‫اختالف واألصح كما يف المبتىغ والقنية أن من أعىط مسكينا دراهم وسماها هبة أو قرضا ونوى‬
‫الزكاة فإنها تجزئه‬
:‫ وىف رد المحتار تحته‬.‫ (وشرط صحة أدائها نية مقارنة له) أي لألداء‬:)268 /2( ‫و ىف الدر المختار‬
.‫(قوله نية) أشار إىل أنه ال اعتبار للتسمية؛ فلو سماها هبة أو قرضا تجزيه يف األصح‬
4.3.4 Zakat to non-Muslims & others

Q) 1) Can Zakat money be given to non-Muslims i. e. Christians and
Hindus.
2) Can Zakat be given to persons who are AleRasool i.e. Syed Ahle
Bait.
3) A loan is given by housewife to a servant over a period which he is
unable to repay. Can it be adjusted to Zakat for the current year.
A) 1) Zakat money cannot be given to a non-Muslim.
2) Zakat cannot be given to a person who is from the progeny of
Hashim, the grandfather of the Holy Prophet ‫ﷺ‬. Such persons should be
supported by other sources like gifts and presents, but Zakat should not
be given to them.
3) Zakat cannot be paid through relieving a Debtor from the amount
of loan advanced to him. If the housewife wants to adjust her loan to the
amount of Zakat, she can give to her servant the amount of Zakat in cash,
then ask him to pay her loan. If he pays his loan out of that money, it will
be permissible for the housewife to receive it back.
4.4 Using Zakat to set-up Foundations or Fund

4.4.1 Paying Zakat to a Waqf or Foundation
Q) Can we pay Zakat to a Waqf. Can one give Zakat as an investment
endowment fund to a trust / waqf / Foundation etc.
A) You may not give Zakat in the ownership of a Waqf or other legal
entity like a fund. Zakat is discharged only by giving it in the ownership and
Chapter 04
192 Zakat
possession of a Shari’ah recognized deserving natural person. If a reliable

Waqf or other body is appointed as the agent to discharge the Zakat as per the
requirements of Shari’ah, this is permissible. Zakat funds must not be kept as
a permanent corpus of the fund to earn on it and distribute only the earnings.
4.4.2 Setting up a Zakat Endowment Fund

Q) I am writing to you to take guidance on the subject of setting up an
Endowment Fund for our charitable 'Foundation'.
Our Foundation build and runs Schools in the urban slums and rural areas of
Pakistan for children from very poor background who otherwise would never
get a chance of education in their life. Simply speaking, the Foundation’s
mission is to take these children off the streets and put them into schools.
To date the Foundation has set up 730 schools across Pakistan and AJK and
is educating over 100,000 students. These are formal schools teaching the
National Curriculum. Almost all the children are from very poor background
and the Foundation collects Zakat from people for sponsoring the fees of these
students for education.
The need for Endowment Fund
The Foundation runs schools for which it incurs a cost of around Rs. 10,000
per child per year. These children are required to pay a fee but many can
only afford less than Rs. 10 per month. Hence the Foundation goes out to the
community and asks its donors to sponsor the children fees, (a portion of which
is cost of books and uniforms etc.), hence collecting Zakat as school fees on
behalf of these children. Due to the size of student population, (100,000 and
increasing every year with new students and new schools), the Foundation
requirement to support the fees of these children is today Rs. 1 billion a year.
This would go to some Rs. 2 billion a year in five years as student population
grows.
As the requirement to meet the expenses is becoming substantial, and in order
to put the Foundation on a more sound financial footing, the Foundation
Board has decided to form an ‘Endowment Fund’ so that the earnings from
the Endowment fund can be a permanent source of income for educating these
children who come from very poor families. The Endowment Fund would
be invested and the earnings from the investment would be used for only
financing fees of the children (not to build the schools).
Chapter 04
Zakat 193
The questions are:

1) Can a person contribute Zakat in such an Endowment Fund (we
would be collecting non-Zakat funds as well).
2) How the Endowment Fund be structured so that the Fund can take
Zakat and properly utilize it.
3) Is there any other Shari'ah compliant structure or method by which
the Foundation can collect Zakat and other funds from the donors and put
the Foundation on more sound financial footing for the future.
A) 1-2) Zakat has to be given in the ownership and possession of an
eligible person (a poor and destitute Muslim person who is not from the
Bani Hashim and who does not own the amount of Nisab) for it to be
discharged. Thus, it is not permissible to contribute Zakat funds in such
an endowment fund, as the Zakat in such a situation will not be given
directly in the ownership and possession of an eligible person, thereby
not being discharged. Therefore, Zakat funds collected from donors
may be used for the mentioned purposes without investing them in an
endowment fund, according to the following details:
- Such funds should be disbursed in the same lunar year as they have
been collected.
- Any portion of the fees that is given in the form of kind (like books
and uniforms), Zakat equivalent to the amount of such items will be
discharged by giving the same in the ownership and possession of the
deserving child or his/her guardian who may take possession on behalf of
the deserving child if the child is not of an age of understanding ownership
and possession.
- In order for the Zakat to be fulfilled by using it to pay any portion
of the fees that is not given in the form of kind, like the tuition fees such
fees should be charged to the child thereby causing him/her to incur a
liability. Thereafter, the child (or his/her Shar’i guardian if he/she is not
of an age of understanding what possession and ownership are) may be
given ownership and possession of Zakat funds so that he/she may fulfill
his/her liability by paying the same back to the school. Alternatively, the
Foundation may obtain the consent of the child or his/her Shar’i guardian
(if the child is not of an age of understanding ownership and possession
Chapter 04
194 Zakat
of funds) to discharge the liability of fees on the child’s behalf. After

obtaining such consent the Foundation may use Zakat funds to pay such
fees.
‫ وإن‬،‫يف الهندية الباب السابع من كتاب الزكاة‌ولو‌قىض‌دين‌الفقري بزكاة ماله إن كان بأمره يجوز‬
‫ ولو دفع إليه دارا ليسكنها عن الزكاة ال يجوز كذا يف الزاهدي‬،‫كان بغري أمره ال يجوز وسقط الدين‬
3) Any non-Zakat funds that the Foundation collects may be used in
income generating investments, and such income should then be used for
the welfare activities of the Foundation. It is advisable that the donors of
non-Zakat funds be informed of the avenues in which such funds will be
used in order to obtain their explicit or tacit consent in this regard.
4.4.3 Setting up a Zakat Foundation to give Qarz-e-Hasan loans

Q) I am a banker by profession and am thinking of channelising the funds
of Zakat to the greater benefit. I have the following two points in my mind in
this connection which needs your valued and scholarly guidance about their
validity according to Shari’ah, before putting them in practice:
Would it be permissible and appropriate to establish a legal entity in the form
of a "Foundation" to collect the contributions of Zakat to form a revolving
fund to extend small Qard-e-Hasana for a limited period of time for poverty
alleviation of those who are not liable to pay Zakat. The loan would be returned
in lump sum or in easy installments to the Foundation, which would be again
extended to other needy as a continuing practice. In case it is assessed that
a loanee is in fact not in a position to return the loan due to misfortune and
external circumstances beyond his control that would be written off.
Is it permissible to move the law against a loanee of Qard-e-Hasan who is
proved a willful defaulter.
A) The Zakat amount must be given to the poor persons for good by making
them the owners of it. Therefore, it is not allowed to make a fund from the
Zakat money to provide interest-free loans to the needy persons.
If the loanee is a willful defaulter, one can move the law against him for the
recovery of his principal amount plus any extra actual expenditure incurred in
the process of recovery which must be strictly based on actual expenses and
must not contain any element of charging interest.
Chapter 04
Zakat 195
4.4.4 Takaful Scheme for Imams & Muezzins funded from Zakat
Q) Sri Lanka has over 2000 Masjids, in each of these Masjids, there is at least
one Imam and a Muazzin working for a salary which is paid by the Masjid
Administration. There is no mandatory scheme for any retirement benefits
for the people working in these Masjids. There is neither an end of service
gratuity, nor a current provident fund for them. Most Masjids make collections
from the local people to pay the staff. It can be comfortably stated that over
95% of mosque staff are eligible for receiving Zakat.
It is now proposed that a Family Takaful Scheme be started for the benefit of
Mosque employees, whereby an apex body called the Federation of Mosques,
which has been recently set up, collects contributions, most of which come
from Zakat funds, which it then pays as Family Takaful premium for individual
Imams and Muazzins. Is this permissible.
The salient features of the Family Takaful Scheme are:
An account is opened in the name of every participant in the Takaful Company
without any penalities.
The Takaful contribution is divided into two parts:
1) Participant’s contribution
2) Tabarru
The participant can withdraw his contributions along with profits any time.
At the end of the defined Takaful period e.g. 20 years, 30 years, etc., the full
amount lying to the credit of the participant plus profits will be paid to the
participant e.g. at retirement.
In the event of death before the maturity, the full value of the contribution
that the participant would have made, had he lived, is given to the heirs of the
participant.
A) With reference to your question on the above subject please find below my
answer:
There are some points to be taken into account:
a) It is a condition for valid payment of Zakat to transfer the ownership
of what is given in Zakat to the eligible person by giving it directly to his
or her possession. Therefore the collections received as Zakat must not be
Chapter 04
196 Zakat
paid in "Tabarru" directly without giving in the possession of participants

of the fund. If it is done so, Zakat would not be valid. But it can be paid in
the "participant’s contribution" directly with their permission. However,
if Zakat amount is given to an eligible person, and then he at his will pays
it as premium to Takaful fund, it will be acceptable.
b) If the amount credited in the "participants contribution" of any
participant exceeds the "Nisab", then that participant cannot be paid
Zakat anymore.
c) It should be clearly identified at the beginning of the arrangement
as to how much of the amount allocated for one individual is credited
to Tabarru and how much to "participant’s contribution" (Mudarabah).
Preferably the documentation of Tabarru and Mudarabah portions should
be separate.
Furthermore, it is to inform you that last year, a meeting of a large number of
muftis from all over Pakistan and abroad was held in Darul-Uloom Karachi to
discuss the current form of Takaful practiced in different parts of the world.
The two days meeting was concluded by the decision that the current form
based on the concept of Wakalah and Tabarru needs some modifications and
ultimately the majority approved the basic features of the altered model based
on Waqf. We advise you to adopt the same for setting for the proposed Takaful
fund for Imams/Muezzins. If you opt this for implementation, we shall,
inshallah, provide the relevant details.
4.4.5 Setting up a clinic for poor to run on Zakat
Q) One of my colleagues wishes to set up a clinic in Karachi to serve the

poor.
The clinic would only serve Zakat deserving patients and this would be very
clearly told to the patients.
The expenses are estimated at Rs. 100,000 per month roughly into the
following heads:
- Rent of clinic, Doctors and nurses salary Rs. 40,000
- Medicine to the patients Rs. 60,000
Can the whole amount of expenses be funded from Zakat.
Chapter 04
Zakat 197
A) So far as medicines are concerned, they can be provided through Zakat to

the poor persons entitled to receive Zakat. However, the rent of the clinic and
the salaries of the doctors and nurses cannot be paid from Zakat.
An alternate arrangement can be made by charging a fee from the patients.
Then those entitled to receive Zakat may be paid from Zakat to enable them
to pay the required fee.
4.5 Collection of Zakat by NGOs, Charities and their

expenses
4.5.1 NGOs Collecting and distributing Zakat & their expenses

Q) What is the Islamic legal judgment about charities registered as NGO’s
(Non-Governmental Organisations) collecting and distributing Zakat money.
Is it lawful (in Islam) for such organisations to use part of the collected Zakat
money to cover their administration costs (involved in the collection and
distribution of Zakat).
Some people have made claim that NGOS should not collect or distribute
Zakat in the absence of Al-Khilafah, (because Khalifa is the only person who
has the sole right to do so). What is the Islamic opinion about such claims.
Your answers to the above issue will help to clarify and resolve this matter; it
would be also very valuable to all Muslims living in the West.
A) It is permissible for non-government organizations to collect and distribute
Zakat money among those entitled to receive it on the condition that they fully
observe the Islamic rules and principles concerning Zakat and take due care
that the money so collected is duly given to the needy.
However, it is not permissible for such private organizations to spend the
Zakat money to cover their administration costs. It is true that the Holy
Qur'an has allowed to give some part of Zakat money to "al-Aamileen" i.e.
the persons appointed by the government to collect Zakat. But it is applicable
only in the context of an Islamic State which duly manages collection and
distribution of Zakat. This principle cannot be extended to the employees of
private organizations.
The wisdom behind this difference between government and non-government
organizations is that in the case of a true Islamic State the persons employed
Chapter 04
198 Zakat
for the collection of Zakat are under constant observation and monitoring of the
government itself which can ensure that those employees are not committing
any misconduct and that the money allocated for them does not affect much on
the interest of the needy for whom the levy of Zakat is originally meant. On the
contrary, if the same principle is allowed for private organizations there is no
recognized authority to check that the Zakat money is not spent mainly in the
administrative expenses. Therefore, if private organizations elect to collect and
distribute Zakat they can do so only on charitable basis and no amount from
the Zakat money should be spent on their employees or on their administration.
The Holy Prophet ‫ ﷺ‬has said that the Muslims should not restrict themselves
to paying Zakat; rather they should undertake other charitable works also. The
administrative charges of such organizations should therefore be met through
this instruction of the Holy Prophet ‫ﷺ‬.
4.5.2 Giving Zakat to charitable organisations

Q) My Son is in the Army and his unit has established a Shaheed fund for the
widows and family of the soldiers, to which all officers contribute. The money
from that fund is used to provide for those families of the Shohadah who
cannot fend for themselves, as they have too many dependents on the small
amount they get as pension. Is it alright to send Zakat money into that fund.
How about donating Zakat money into organisations like Eidhi, Shaukat
Khanum Cancer Hospital, Leprosy Centre.
A) If the relief organizations or charity funds like Edhi, Shaheed Fund
etc. have maintained funds exclusively for Zakat deserving people and they
spend these funds only on them abiding by the Shari'ah rulings regarding the
ownership of Zakat (Tamleek) to the needy people entitled to receive Zakat,
then, it would be permissible but if not maintained by these organizations,
then, it is not permissible to give Zakat to such organizations.
4.5.3 Relief organisations keeping a portion for operating expenses

Q) In the USA there are relief organizations which collect Zakat funds. They
usually keep behind 10-12% of the Zakat collected as an operating expense. Is
it valid to give Zakat to such organizations and fulfill your Zakat obligations.
A) The persons and organizations which collect and distribute Zakat on
Chapter 04
Zakat 199
voluntary basis are not included in ‘Aameleen’ as mentioned in the Holy

Qur'an, and therefore the amount of Zakat cannot be used for paying salary or
meeting organizational expenses.
4.5.4 Administration fee to run a charity fund

Q) Here in the UK a group of Ulama are in the process of setting up a Chanda
Monitoring System. The aim of this work is to ensure that Zakat, Sadaqah and
Lillah of people in the UK reach its correct prescribed destination.
In this direction, this group has prepared an Application Form, which must be
completed by all chanda collectors. Based upon the information supplied in the
application form and after other relevant enquires a Certificate of Permission
will be granted to chanda collectors.
In this regard, we are considering to impose an administration fee of £10.00
for the processing of each application form. This fee will be non-refundable,
whether an application is successful or not.
Now the questions are:
1) Is it permissible to charge such an administration fee. Keeping in
mind that most probably this fee will be paid from the chanda collections.
2) On instances, there might not be the need to make enquires about an
applicant, thus no expenses will be incurred in processing of an application.
Then, would it still be permissible to charge an administration fee.
A) 1) If the administration has undertaken some efforts to enquire about
the applicant before giving him the certificate it can charge a registration
fee which will be permissible for it. The applicant may pay this fee from
general donation and not from Zakat.
2) If there are no efforts undertaken to make an enquiry about an
applicant and no expenses have been incurred then no fee should be
charged. However, the cost based on actual can be charged for the form.
4.5.5 Zakat for a vehicle for a charitable institution

Q) Can a vehicle be purchased with Zakat money to be used for the purpose
of mobile dispensary running under the management of Jamait Taalimul
Qur'an Trust, Karachi.
Chapter 04
200 Zakat
A) Zakat can be paid in cash or in kind. In both cases, the ownership of the
property given in Zakat must be transferred to a particular real person (and
not a fictitious person) who is entitled to receive Zakat. So providing a vehicle
with Zakat money for the purpose of mobile dispensary does not fulfill the
obligation of Zakat.
However, if the vehicle is given to a poor person (entitled to receive Zakat) by
making him the owner of the vehicle, the obligation of Zakat is discharged.
4.6 Use of Zakat funds for construction
4.6.1 Use of Zakat money for construction

Q) Is it permissible to use Zakat money for construction.
A) According to all four schools of Islamic jurisprudence it is one of the
necessary conditions for the Zakat that it is given to a poor person by making
him owner of the amount and therefore it is not allowed according to them
that the Zakat money is spent in constructing a mosque, madrasah or any other
charitable institution.
4.6.2 Use of Zakat to construct houses for new Muslims

Q) We have formed a Centre to provide and assist the newly converted
Muslims in terms of Islamic information, guidance, encouragement, provide
them a platform to meet others and in some cases financial assistance.
The Centre has recently been given a land by the Government on which the
Centre wishes to build houses which can be given to the new Muslims (free of
rent) and rented out to others so that the Centre can meet its operational cost
out of such earnings.
As you are aware we would like to do things in compliance with the Shari'ah,
kindly guide us keeping in view the nature of work of the Centre, is it allowed
under the ‘Masarif of Zakat’ that we can use the Zakat money for construction
of such houses. If not, what is the alternative where Zakat can be used to help
these new Muslims and also the Centre. Would making this institution a Waqf
or Trust make any difference in terms of use of Zakat.
A) According to the view of classic Muslim jurists, Zakat cannot be used for
the construction of a building.
Chapter 04
Zakat 201
However, either money or built houses can be given to these converted

Muslims on the basis of ownership as follows:
If these converted Muslims are poor in the sense that they do not own the
Nisab, Zakat can be given to them according to all schools of Islamic Fiqh.
Nevertheless, if they are not so poor but still need a house to live and do not
have financial resources to build or purchase a house for themselves, they are
also entitled to Zakat according to the view of Imam Shafi'i and Imam Ahmad
Ibn Hanbal but not according to the view of Imam Abu Hanifah and Imam
Malik.
If the sponsors of the Centre are followers of Imam Shafi'i or Imam Hanbal
then there should be no problem.
However, it is not permissible to build houses from Zakat money to rent them
for meeting the operational expenses out of such earnings.
4.6.3 Using Zakat to construct houses for use by Zakat deserving

Q) We have Zakat money which we wish to use to construct houses for
people like new Muslims, poor handicapped to give them for living on rent
(not in their ownership). The rental earned is the recovery of Zakat money
used which will go back to the Zakat fund to properly distribute to the poor.
Is the above use of Zakat correct and can the rental income received be used
for further construction.
A) Your proposal means to give a loan from Zakat funds for construction
of houses and renting them to Zakat deserving people, and then the income
earned from the rentals along with the principal will be given back to the Zakat
Fund to be distributed among the poor. Although, if a management is known
to be receiving Zakat on behalf of the poor, it may be acceptable for such
management to give a loan from Zakat Fund to a charitable purpose in case the
Zakat Funds are in huge amounts and cannot be distributed to the poor at once,
however, the repayment period of any such advance should not be very long,
as Zakat should be distributed in one year from the date due (otherwise it will
amount to delaying the right of poor on the Zakat). Normally the construction
of houses and earning rentals from them takes a long time, therefore it is not
advisable. However, Islamic Fiqh Academy has given a fatwa to use Zakat
Fund for any investment project that will be given in the ownership of the
Chapter 04
202 Zakat
people deserving Zakat. (See Resolution no. 15 (3/3) Third Session)

There is however, another way to do this, if the management of a Zakat Fund
is made an agent by the poor to collect Zakat on their behalf and use it for their
benefit. In this case the management may construct houses for the benefit of
those poor people who have made the management their agent. However, the
management has to properly and specifically identify the poor recipient so as
every poor man knows that he is the owner of a particular house and deserves
its rentals. (It should be remembered that a non-pubert whose father is owner
of Nisab cannot avail of this arrangement.)
:)271 /2( ‫ىف الدر المختار‬
‫"(وافرتاضها عمري) أي عىل الرتاخي وصححه الباقاين وغريه (وقيل فوري) أي واجب عىل الفور‬
‫ (فيأثم بتأخريها) بال عذر (وترد شهادته) ألن األمر‬.‫(وعليه الفتوى) كما يف شرح الوهبانية‬
‫ فمىت لم تجب عىل الفور‬،‫بالصرف إىل الفقري معه قرينة الفور وهي أنه لدفع حاجته وهي معجلة‬
‫ "(قوله‬:‫ وتمامه يف الفتح" وىف رد المحتار تحته‬،‫لم يحصل المقصود من اإليجاب عىل وجه التمام‬
‫فيأثم بتأخريها إلخ) ظاهره اإلثم بالتأخري ولو قل كيوم أو يومني ألنهم فسروا الفور بأول أوقات‬
‫ وقد يقال المراد أن ال يؤخر إىل العام القابل لما يف البدائع عن المنتىق بالنون إذا لم يؤد‬.‫اإلمكان‬
"‫حىت مىض حوالن فقد أساء وأثم اهـ فتأمل‬
)3/3( 15 :‫ رقم‬،‫ىف قرار مجمع الفقه اإلسالمي الدويل‬
‫يجوز من حيث المبدأ توظيف أموال الزكاة يف مشاريع استثمارية تنتهي بتمليك أصحاب‬
‫ أو تكون تابعة للجهة الشرعية المسؤولة عن جمع الزكاة وتوزيعها عىل أن تكون‬،‫االستحقاق للزكاة‬
.‫بعد تلبية الحاجة الماسة الفورية للمستحقني وتوافر الضمانات الكافية للبعد عن الخسائر‬
)94 /3( ‫وىف رد المحتار‬
‫الصغري غين بغىن أبيه يف باب الزكاة بخالف الكبري‬
4.6.4 Zakat to build houses to temporarily give to the poor to stay

Q) We have some Zakat money which we wish to distribute.
There is an opportunity whereby there are families which have some regular
income to earn their daily livelihood but cannot afford a house either to buy
or on rent. Hence they are struggling by living with families in small spaces
with their children.
The question is:
Can we build or buy a building with Zakat money and give these people
apartments. We do not wish to give these people the ownership for life as
Chapter 04
Zakat 203
at some point of time in future these people will ultimately be provided

with a house by the Government. As such, at that time they should vacate
these properties which we will use to give to other needy families until the
Government provides them with the houses as well. By not giving them a
lifetime ownership these apartments can be of use to a lot of people over the
years. If we give out to them by passing ownership then the use and benefit of
apartment would be restricted to the first users only.
We will not charge any rent from the occupiers of the apartment; only service
charges would be charged to maintain the building by us.
Is this allowed in any of the four school of thoughts. If not, can we seek your
guidance as to what is the solution acceptable in Shari'ah.
A) Zakat, whether in the form of cash, kind or property, has to be given in
the ownership and possession of eligible person (a poor and destitute Muslim
person who is not from the Bani Hashim and who does not own the amount of
Nisab) for it to be discharged.
Thus, in order for Zakat to be discharged in the mentioned situation, it is
necessary that the house or apartment purchased with Zakat funds be given in
the complete possession and ownership of the deserving person.
Zakat will not be fulfilled if it is given to the deserving person merely to
reside in.
Alternatively, such residential facility may be acquired through non-Zakat
funds and deserving persons may be given accommodation therein by charging
them rent.
The deserving persons may then be given ownership and possession of Zakat
funds so that they may pay their rent.
4.7 Paying school fees from Zakat
4.7.1 How to pay a Zakat deserving student’s fee

Q) I know of a person who started a school in the rural areas of Punjab for
children of the labourers by hiring one room and getting donations from various
people to run the school and charges only Rs. 5 from the children so that they
have a sense of participation and provides them with all the stationery and books
etc. He, himself is a salaried person and spends part of his own money for this.
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204 Zakat
He has done this good work in 2 or 3 other bastis of the rural areas and has hired
teachers and gives his own time administering the school free of charge. Is it
alright to send Zakat money there to be used to educate the children.
A) It is necessary for Zakat to be discharged that it is given in the ownership
of a needy person entitled to receive Zakat. Therefore, if Zakat is given to
the students eligible to receive Zakat and they pay the required fee from that
money then it would be permissible. Similarly, it is also lawful to buy books
and stationery for Zakat receiving students from Zakat fund. However, if such
arrangements are not available in the mentioned schools then, it would be
impermissible to send Zakat there.
4.7.2 Receiving Zakat money by a young person to fund studies

Q) You stated in an earlier e-mail that it is not appropriate to use the student
loan in the UK as it is interest-based. Is it true that I can qualify for Zakat
money. The facts are that I am 20, I live with my parents and I have no income
of my own. Would it be permissible for me to use Zakat money to fund my
studies, i.e. use that money to purchase books, pay for transport etc.
A) If you do not have any source of income nor do you own cash or Zakatable
assets equal to Nisab (about 53 tolas of silver or its equivalent), you are entitled
to receive Zakat which you can spend for your educational purposes.
4.7.3 School fees for Zakat deserving

Q) Can Zakat be used to pay the school fees of the students who deserve
Zakat.
A) If fees were stipulated on Zakat deserving students and the fees have
become due on them, Zakat may be used to pay this debt with their permission.
:)39 /2( ‫ىف بدائع الصنائع يف ترتيب الشرائع‬

‫ولو قىض دين حي فقري إن قىض بغري أمره لم يجز ; ألنه لم يوجد التمليك من الفقري لعدم قبضه‬
‫وإن كان بأمره يجوز عن الزكاة لوجود التمليك من الفقري ; ألنه لما أمره به صار وكيال عنه يف‬
. ‫القبض فصار كأن الفقري قبض الصدقة بنفسه وملكه من الغريم‬
Q) School Fees: Can Zakat be used to pay the school fees of the students
who deserve Zakat.
Chapter 04
Zakat 205
A) If you have announced a fee and ask the student to pay, thus creating a
debt on the student or their family and then if the family cannot pay and they
deserve Zakat then their obligation can be paid from Zakat.
4.8 Distributing the Holy Qur'an using Zakat
4.8.1 Distributing the Holy Qur'an to non-Muslims

Q) Is it allowed to use Zakat money to purchase Qur'an to be distributed to
the non-Muslims.
A) No, it is not allowed to use Zakat money to purchase copies of Qur'an and
distribute them to non-Muslims.
4.9 Other topics
4.9.1 Zakat & relatives

Q) Which of the relatives can be paid Zakat and should there be a preference
to pay Zakat to one’s relatives.
A) One must pay Zakat to those who are entitled and who live in his
neighbourhood, who are his acquaintances, relatives and friends.
The most excellent act in the payment of Zakat is to pay it to those of one’s
relatives who are entitled and this secures him a dual reward - against payment
of Zakat and against strengthening ties of relationship.
Zakat may be paid to every relative who is entitled to it except two, the
relationship of parent and child so neither parent nor child can pay it to the
other, and the marital relationship so the spouses cannot pay off Zakat to one
another. All other relationship do not bar payment of Zakat, for example, one
can pay it to a brother and a sister, an uncle or an aunt whether paternal or
maternal, the only condition is that they should be entitled to it.
4.9.2 Helping the earthquake victims from Zakat
Q) With the massive earthquake in Pakistan where millions of people have
been displaced and houses destroyed can we use Zakat money for the relief of
earthquake victims in the following:
1) Buying and distributing tents, blankets, food and other items for the
victims or donating cash to any organisation to do the same.
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206 Zakat
2) There is a charity organisation in Pakistan called The Citizens

Foundation (the Foundation) which is planning to build houses in the
earthquake affected areas and then give these houses, on ownership basis,
free to those whose houses have been destroyed. In this situation, can we
give Zakat to the Foundation to construct such houses for giving to such
displaced victims / those who have lost houses, by making them owners
of such houses.
A) Everything that can be given to the individual needy person on the basis
of ownership, including houses, tents, food, medicines blankets, and utensils
can be given from Zakat to those poor persons who were afflicted by the
earthquake or the earthquake has rendered them so poor that they have become
entitled to receive Zakat.
Yes, if it is ascertained that the house will be given on ownership basis, Zakat
can be given to them.
4.9.3 Paying Zakat to an indebted person

Q) A businessman suffered a loss in his business. He sold all his properties
and paid his debts. He hired a house on rent and shifted from a posh locality
to an ordinary locality in a far-off area of the city and joined a service. From
appearance his standard of living still looks like his previous one (although
he is without a car, telephone and other luxuries). He is still under the debt
of approximately Rs. 2 million. He pays some amount every month from his
salary to his creditors.
Now, the question is:
1) Can his debts be cleared by Zakat money.
2) If it is permissible, should we pay his debts directly to his creditors,
or should we pay him first and then ask him to pay off his debts. Please
also note that this businessman has to receive about Rs. one million
from other people which is being received by him in parts and after long
intervals.
3) Is it necassary to tell him that it is the Zakat money, or can we pay
him without any reference to Zakat, because he may feel humiliated if we
tell him that it is a Zakat money.
Chapter 04
Zakat 207
4) If he pays some or all of his debts by Zakat money, then he again

becomes a rich man, should he return the money of Zakat to its original
owners, or can he pay it to other poor people, or he need not do it.
A) 1) The principle is that if the debts of a person are equivalent to his
surplus assets (including his receivables) or are more than that, he is
entitled to receive Zakat. Likewise, if his surplus assets are sufficient to
clear his debts, but after paying his debts, his remaining surplus assets
do not reach the quantum of nisab he can also receive Zakat. However, if
his surplus assets are such that even after clearing all his debts, they are
equivalent to or more than the nisab, he cannot receive Zakat.
It is worth mentioning that the term "surplus assets" includes money and
all those household goods and properties which are not required for his
day-to-day needs.
In the light of this principle, the businessman under question can receive
Zakat, because his debts are 2 million while his surplus assets (including
his receivables) are less than that. Therefore, one can help him in clearing
his debts out of the Zakat.
2) If his debts are intended to be paid out of Zakat, the creditors should
not be paid directly. Instead, money should be given to the indebted
person who will pay it to his creditors, if he so wishes.
3) It is not at all necessary to tell the beneficiary of Zakat that he is
being helped out of Zakat. One can give him the amount as a gift or as a
present without referring to Zakat. The only condition is that while giving
it to him, one should have a clear intention in his heart to pay Zakat. Even
if a person gave money to the beneficiery as a qarz or a loan, while in
fact he intended to pay Zakat and never intended to get it back from him,
the obligation of Zakat is discharged. However, if he comes thereafter to
repay the loan, he should refuse to accept it.
4) Once a person has received Zakat while he was entitled to receive it,
he is not required to return it to the original payer, no matter how rich he
may become later.
Therefore, if that businessman becomes rich once again, he is not required to
pay back the Zakat, neither to the original owners, nor to other poor people.
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208 Zakat
However, he will be required to pay this own Zakat according to his assets
owned by him at that time.
4.9.4 Zakat to a servant
Q) I have a Muslim servant who is working at my home. He originally
belongs to Mansehra District and has come to Karachi for work. I pay him
Rs. 2,000 as his salary plus food and accommodation. He also works part
time in the morning at an office where he gets Rs. 600 as pay. He lives in my
home along with his wife. He also owes some money to his neighbours in
Mansehra.
1) Can I give my servant Zakat.
2) Can I pay his salary out of Zakat.
3) About a week back his wife gave delivery to a child who had died
before birth. I paid for these expenses out of my pocket and I will not
deduct these expenses from his salary. Can I now offset these expenses
against Zakat payable by me for this year.
I have not yet calculated Zakat payable by me or taken out any money in this respect.
A) 1) The basic question regarding your servant is whether he owns gold,
silver or cash equivalent to the value of 52.5 tolas of silver and that too
in excess of his monthly needs. If he owns such an amount no Zakat can
be paid to him; however, if he does not own this amount he is entitled to
receive Zakat and you can give him your Zakat money.
2) Salary of your servant can never be paid from Zakat money because
you have hired his services for which you have to pay the salary. Zakat
should be given without any consideration.
3) The expenses you have incurred in delivery of his child cannot be
offset now from the Zakat payable by you because it is necessary for
the payment of Zakat that the intention of Zakat is there at the time of
payment itself.
4.9.5 Supporting Islamic TV or Radio from Zakat

Q) Is it permissible to support Islamic TV or Radio from Zakat.
A) It is not permissible to use Zakat for supporting Islamic TV or radio.
Chapter 04
Zakat 209
HOW TO CALCULATE ZAKAT
4.10 How to determine the annual Zakat valuation date
4.10.1 When should Zakat be calculated annually

Q) According to the general practice Zakat is paid during Ramadan. The
question is whether it is necessary to pay Zakat in Ramadan.
A) Zakat should always be calculated on the basis of the lunar calendar.
Every person has his own Zakat valuation date which he must know. It is
the date on which he, for the first time, acquired the ownership of the nisab
(minimum quantum) of Zakat, i.e. the value of 612.36 grams of silver.
For example, you have acquired the ownership of 612.36 grams of silver for
the first time on the first of Muharram. The first of Muharram is your valuation
date for the purpose of Zakat. You should calculate the value of your Zakatable
assets owned by you on that date every year. The amount spent before that
date need not be included in the Zakatable assets. Only the balance remaining
with you on the valuation date is subject to Zakat.
If you do not remember the exact date on which you became the owner of the
nisab for the first time, you can estimate the valuation date.
Therefore, the month of Ramadan is not the valuation month for everybody, as
the valuation date differs from person to person.
However, once the amount of Zakat is calculated on the basis of correct
valuation date, it may be paid any time after the valuation date within a year.
But the payment should not be delayed unnecessarily.
4.10.2 Valuation date for all Zakatable assets is same - whenever

acquired
Q) I received a sum of money from my company as advance house rent for
the full year. This sum is payable back to my company in 12 equal installments
out of which I have repaid to company 7 installments during the last 7 months.
The balance will be deducted from my salary in the next 5 months.
I invested this money in Special Saving Certificates and Defence Saving
Certificates in May 2010. This money has been with me for the last 7 months.
Chapter 04
210 Zakat
My question is:
Is Zakat payable on this sum of money. If yes, is it payable on only the sum I
received from the company or on the sum I received from company plus the
profits accrued to date.
If Zakat is not payable now, will it be due after April 2011 (i.e. after 12 months
from when I received it). If yes, should I pay Zakat on this amount in April
2011 or should I wait for the next Ramadan and pay Zakat on the total assets
I have at that time.
Please note that I calculate my Zakat on assets on the first of Ramadan every
year. Also, when I will encash the above certificates the government will
deduct Zakat on the sum they pay.
A) The amount you have got as an advance House Rent is a loan borrowed by
you. The proper way for calculating Zakat is that you deduct that part of this
loan which is still outstanding from the total of your Zakatable assets on the
valuation date.
It should also be remembered that the valuation date for all the Zakatable
assets is the same. It means that if you were the owner of the Nisab at the
beginning of a year then all amount acquired by you during the whole year
will be subject to Zakat at the end of the year even if some of them have come
to your ownership only one day before the end of the year.
For full understanding of the concept of Zakat please consult a booklet prepared
by the Centre for Islamic Economics under the title "How to calculate Zakat"
which can be aquired from the following address:
Centre for Islamic Economics, Masjid Baitul Mukarram, Gulshan-e-Iqbal,
University Road Karachi.
4.10.3 Change in financial condition & Zakat valuation date

Q) Mr. "A" is Sahib-e-Nisab and pays Zakat regularly. Say, in 1989 he paid
his Zakat, and when the valuation date came in 1990, his financial condition
became adverse. Consequently, he did not have the minimum wealth which
is liable to Zakat. In other words, on the valuation date of 1990, he became
a non-Sahib-e-Nisab. In 1991 also, his condition was no better. However, in
1992, on the valuation date, he again became Sahib-e-Nisab. Now, the question
is, whether Mr. "A" should pay the Zakat of the wealth accumulated on his
Chapter 04
Zakat 211
previous valuation date when it comes in 1992 or by virtue of his becoming

Sahib-e-Nisab after a gap of two years, he should let one year pass on his new
wealth and then pay the Zakat.
A) In this case, the previous valuation date will not be applicable for the
purpose of calculation of Zakat. He will be liable to pay Zakat after one full
lunar year will pass on his newly acquired nisab of Zakat.
The principle is that the valuation date, for the purpose of Zakat, is the day on
which the person acquires the amount of nisab for the first time. This valuation
date will remain applicable as long as he remains Sahib-e-Nisab and he shall
calculate his Zakat on the basis of the valuation of his assets on that date each
year. For example, Mr. A became Sahib-e-Nisab for the first time on the 1st
of Muharram in 1408 A.H. Now, he shall calculate his Zakat on the 1st of
Muharram in 1409 A.H. if he is still Sahib-e-Nisab on that date. Thus, the first of
Muharram is his valuation date for all the following years as long as he remains
Sahib-e-Nisab. He will calculate his Zakat on the first of Muharram each year.
If he does not remain Sahib-e-Nisab on the first of Muharram in any of the
following years then the first of Muharram will cease to be his valuation date.
Therefore, if he acquires the nisab once again, the Zakat will be subject to the
new valuation date i.e. the date on which he acquires the nisab second time.
Consequently, in the above example if ‘‘A’’ remained Sahib-e-Nisab upto
Ramadaan 1410, then he lost the Nisab, he will not value his assets for the
calculation of Zakat on the first of Muharram 1411, because he is not a Sahib-
e-Nisab. However, if he acquires the nisab once again on the first of Rabi-
ul-Awwal, 1411, and remains as such on the first of Rabi-ul-Awwal 1412, he
will value his assets on the first of Rabi-ul-Awwal 1412, which will be his
new valuation date. This new date will remain effective as long as he remains
Sahib-e-Nisab on this date each year, and will change only when he ceases to
be Sahib-e-Nisab on the first of Rabi-ul-Awwal in all of the following years.2
4.11 Rate of Zakat
4.11.1 Rate of Zakat based on lunar year - adjust for Gregorian year
Q) Zakat is levied at 2.5 % per Lunar year. Practically however, especially
for Companies, it is difficult to calculate on the basis of Lunar year. Hence
2 Changes in value of Nisab during the year will not affect liability (EDITOR).
Chapter 04
212 Zakat
can the Zakat be paid based on the Gregorian calendar (which is at least 11
days more than Lunar year) i.e. one pays 2.58 % instead of 2.5 % to take into
account the longer Gregorian year.
A) One should try to follow the Lunar year for Zakat calculation. However,
if it is difficult to do so then it is allowed that one pays, proportionately more
i.e. 2.58% to account for the excess number of days in a Gregorian year.
4.11.2 Rate of Zakat on agricultural produce

Q) There is no need to pay Zakat on salary unless there is a saving left for a
period of one year, whereas 10% of the farm produce is payable based on the
current value of the produce irrespective of whether produce is sold or not. The
Zakat in such circumstances is paid upfront whereas the salary earner has the
liberty of choosing how to use his earnings without having to deduct a certain
portion first for Zakat. It means that if he chooses to spend all his earning then
there is no need to pay Zakat. Would it not be a dis-incentive to the farmer as
compared with the salary earner. Perhaps you can clarify this further.
A) Let me first clarify some misconceptions found in your question:
1) The rate of Zakat levied on the agricultural produce is normally 5%
and not 10%. The rate of 10% is confined to unirrigated lands only. The
majority of cultivated lands are irrigated by canals, wells etc. The rate of
Zakat on all these lands is 5%.
2) The Zakat of the agricultural produce is payable in kind. Although it
may be paid in cash, yet it is at the option of the owner only. It means that
if the produce is not sold, he can pay the Zakat in kind.
3) The agricultural produce should not be compared with personal
savings. It should be compared with the stock-in-trade, because trade and
agriculture are both productive activities. So, both of them are subject to
the same principle. Zakat is payable on the stock-in-trade at the current
market value irrespective of whether it has or has not been sold. Similarly,
the agricultural produce is subject to Zakat, even before it is sold. But in
both cases the obligation is fulfilled by paying Zakat in kind. The rate of
Zakat on agricultural produce is no doubt, double the rate of Zakat on
stocks, but the reason is obvious.
The initial input in the case of agriculture is lesser than the initial investment
Chapter 04
Zakat 213
in stocks, and the rate of output is greater in agriculture than in stock. There
may be some exceptions to it, but the rules are always framed according to the
normal conditions and not on the basis of exceptions.
A salary-earner has an advantage only when he does not invest his money in
any type of trade, nor does he keep the surplus with him. This can only be
imagined where the income is so little that he can neither save it nor invest it in
a profitable business, and his salary suffices only for his personal needs. Zakat
is not payable in such circumstances. He cannot be compared with a farmer
who cultivates land for productive purposes. However, if the produce of a
farmer is so little that there is no surplus after providing food for his family,
Zakat is not payable according to the majority of the Muslim jurists.
4.12 Zakat calculation - Individuals, businesses & other

entities
4.12.1 Zakat on total Zakatable asset - no minimum exempt amount

Q) I have some small pieces of Jewelry, some of which I keep wearing on
and off, but some I have had made for my grandchildren, which I do not use,
but it is to be theirs when I die. Do I pay Zakat for that as well. Do I pay Zakat
on all the gold that I possess or is 7.5 tolas exempt.
A) All the gold jewelry you wear and the ones you do not wear but you
have intended to give them to your grandchildren as your will are Zakatable.
Therefore, if the value of the jewelry (gold or silver) and the cash you own
or any other Zakatable assets you have amounts to the value of Nisab i.e.
52.5 tolas of silver or more, then 2.5 percent of the total value of the jewelry,
cash and any other Zakatable assets must be paid in Zakat. It should also be
understood that 7.5 tolas of gold is not exempted from paying Zakat but it is
the minimum quantum for giving Zakat on gold if the gold or its jewelry are
the only Zakatable assets.
4.12.2 Zakat Self-Assessment Form for individuals

Zakatable Assets
NISAB: 52.5 Tolas or 612.36 grams of Silver or its equivalent value
Lunar Date on which Zakat has become Wajib.
Chapter 04
214 Zakat
Details of possessions on this date, which qualify for Zakat:

1. Value of Gold (in whatever form or for whatever purpose) ___________
2. Value of Silver (in whatever form or for whatever purpose) ___________
3. Cash:
a) In hand or at bank or with someone else for safeguarding or in the
form of Prize Bonds or in foreign currency
b) Cash deposited for some future purpose, e.g. for Hajj, cash paid in an
insurance policy
c) Money given out on loan, as long as the borrower accepts it as a loan
lent and not as a grant, money deposited in a "Bachelors Committee"
(BC) or "Voluntarily Committee" etc.
d) Money Invested in business (Partnership or Shares, etc.) All forms
of saving certificates, NIT, NDFC, FEBC Shares, etc. All cash that has
been invested in Provident Fund of any organization etc. through one's
own choice. (Investment as per employee’s advice)
4. Goods, Property, shares, raw material, etc. bought for resale/trade
a) Money due for goods already sold. (Credit Sale)
b) Value of any item obtained in exchange of Trade goods or in lieu of
any rent due on them.
Total Zakatable assets __________________________

1. Loans (Borrowed money, Goods bought on credit, Wife’s Mehr (if there
is an intention to pay), remaining amount due in a Bachelors Committee (BC)
2. Wages due to employees as at this date
3. Taxes, rent, utility bills, etc, due at this date
4. Any Zakat due for previous years.
Total Liabilities __________________________

Value of Total Possessions
Zakatable assets (minus) Liabilities = Net Amount on which Zakat is due
Net Amount on which Zakat is due X 2.5 % = Amount of Zakat Payable
Chapter 04
Zakat 215
4.12.3 Zakat on interest earned and principal

Q) I am retired bank officer and had deposited my saving in national saving
scheme on which is received monthly income which I am using for my monthly
expense. Am I liable to pay Zakat on the interest or principal amount only.
A) The interest paid to you is not permissible, and therefore, all of it should
be given to a charity not as Zakat but as charitable expenses intended to
relieve oneself from the sin of interest. However, Zakat is payable on all your
principal amount.
4.12.4 Zakat on manufacturing, real estate & trading companies

Q) I shall be grateful for your opinion on one of the aspects of Zakat
calculation as follows:
In our Group we have three types of Companies as follows:
- Manufacturing
- Real Estate
- Trading
At present we provide Zakat as follows:
Manufacturing company
All our manufacturing Companies are industries involved in actual
manufacturing. As such we do not include the value of Fixed Assets in the
Zakat calculation. We pay Zakat only on the net current assets (i.e. current
assets less current liabilities).
Real Estate company
All our Fixed Assets are either plots of land kept as investments or own use
(not for resale) and the buildings which are on rent. As such we do not include
the value of Fixed Assets in the Zakat calculation. We pay Zakat only on
the net current assets (i.e. current assets less current liabilities). The current
liabilities are basically loans taken to invest in fixed assets.
Trading company
The trading Companies are involved in sale and purchase of goods. Their
Fixed Assets, like furniture and fixtures, computer equipment, motor vehicles
Chapter 04
216 Zakat
etc. are used for the business. As such we do not include the value of Fixed
Assets in the Zakat calculation. We pay Zakat only on the net current assets
(i.e. current assets less current liabilities).
I am also enclosing a separate sheet with examples of all the above three
situations.
Zakatable Assets - 3 Companies
Net
Fixed Current Current Total assets /
Zakatable Assets current
Assets Assets Liabilities Total equity
assets
Example 1 - A Manufacturing Company
Balance Sheet 10,000 5,000 -3,000 2,000 12,000
Zakatable assets: (Fixed assets 2,000
include Land, bldg., plant mach.,
0 5,000 -3,000 2,000 Zakatable
furniture, equipment, motor
vehicle) assets
Example 2 - A Real Estate Company

Balance Sheet 10,000 5,000 -7,000 -2,000 8,000
Zakatable assets: (Fixed assets -2,000
0 5,000 -7,000 -2,000 No Zakatable
vehicle) assets
Example 3 - A Trading Company

Balance Sheet 10,000 5,000 -3,000 2,000 12,000
Zakatable assets: (Fixed assets 2,000

0 5,000 -3,000 2,000 Zakatable
vehicle) assets
A) With reference to your question about Zakat, the following rules should
be taken into consideration:
- With regards to manufacturing companies the practice of not
including the value of fixed assets in the Zakat calculation is correct.
But it should be ensured that the value of raw material as well as of the
produced goods plus the cash-in-hand, bank balance and receivables
should be included in the Zakatable current assets. The liabilities shall
be deducted from the Zakatable assets but the loans taken to purchase the
fixed assets (which are not Zakatable) should not be deducted from the
Zakatable assets. For example, if a loan of one million has been taken to
purchase machinery for the company, this loan should not be deducted.
However, loans used for purchasing Zakatable assets like raw material
can be deducted while calculating the Zakat.
Chapter 04
Zakat 217
- The plots or buildings which have not yet been purchased for
purpose of resale are not subject to Zakat. However, income accruing
from these assets will be liable to Zakat. Nevertheless, as mentioned in
para-1 the loan taken to invest in fixed assets should not be deducted from
the aggregate value of the Zakatable assets.
- So far as the trading companies are concerned your present practice
is correct, if the current assets include all the stock in trade which should
be valued according to the current whole-sale price.
Perhaps, this may satisfy your questions, however, if you have any further
questions in this respect, please do not hesitate to contact me again.
Follow up question:
Q) Thank you very much for your fax dated 8th July on the above subject. I
wish to seek a clarification with respect to Para 2 of your said letter.
In para 2 of your letter you have written that:
- "However, income accruing from these (real estate on rental) assets
will be liable to Zakat"
I shall be grateful if you would kindly confirm:
- That by the above sentence, you mean the income of these real estate
would be Zakatable by final inclusion of it in the current assets (in the
form of cash or receivable) and not as a separate amount irrespective of
the net position of the Company. There may be rental income of the real
estate and yet overall negative balance due to current liabilities (other
than those on non-Zakatable assets) being more than the current assets.
A) With reference to your fax seeking clarification about Zakat on the income
accruing from the real estate, my response is that your interpretation is correct.
When I said that the income of the real estate given on rent is subject to Zakat
I meant that this income should be included in the Zakatable assets of the
company. If at the end of the year it appears that the liabilities of the company
exceed the net assets (including income of the real estates) no Zakat shall be
payable. The crux of the matter is that only that part of the income will be
subject to Zakat which remains at the end of the Zakat year and exceeds the
liabilities of the company.
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218 Zakat
4.12.5 Zakat on an individual’s assets and of a Group of Companies
Method of Zakat Calculation

Opinion of Justice (Rtd.) Mufti Mohammad Taqi Usmani
Items of Assets General Rules
Dividend on Shares
Investment in shares of banks and insurance companies is not
permissible. Hence all income on these should be given in charity.
However, if specific permissible activities in banks and insurance
companies can be identified then Zakat would be payable on such
portion(s) and the balance to be paid as charity.
Income from all other equities is Zakatable.
Value of Shares - Zakatable

Acquired for trading purposes - Zakat is payable on market
value.
Equities - (shares of all
Acquired for dividend income (long-term investment) - at
companies, banks, insurance
break-up value if known, otherwise on market value. However,
companies whether publicaly
whether at break-up value or market value, in both cases, the
quoted or private)
value of shares so determined would be reduced by percentage of
non-Zakatable assets included in the total assets of the Company
e.g. if the total assets of the company is 100 including non-
Zakatable assets of 25, then the vaule of share so determined
would be reduced by that ratio (e.g. 25%) to arrive at the
Zakatable value.
Note: Investment in shares of bank and insurance companies
is not permissible and one should not retain these. However, if
at Zakat date this is included in the assets, the amount of Zakat
should be paid on it as above in order to lessen one’s liability
towards Allah.
Real Estate and other assets acquired for the purpose of residence
Properties including real
or personal use is non - Zakatable. Any loans taken to acquire
estate, vehicles, yachts etc. for
such non-Zakatable assets will also be excluded from calculation
personal use
of net Zakatable assets.
Real Estate acquired for

Non-Zakatable
Leasing (for renting out)
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Zakat 219

Properties acquired for trading

Zakatable - at Market value
purpose
Cash in hand & at banks Zakatable
Gold held for trading purpose Zakatable - at Market value
Gold held for personal use by Zakatable per Hanafi School.

family Non-Zakatable per Maliki and Shaafie School.
Zakatable on face value of the loan amount. However, it is

allowed to exclude such loan amount from Zakatable assets and
Loans given to independent
defer Zakat on it until the loan is received back. But once such
third-party Cos.
loan is received back one will have to pay Zakat for all the past
years that this amount was excluded from the Zakatable assets.
Zakatable on the principal amount paid to purchase them or

market value if it is lower than the principal amount (because the
Treasury and other corporate
difference represents the loss of the assets). Interest or capital
bonds / bills
gain accrued thereupon, being impermissable, should all be given
in charity.
Mutual funds Zakatable. Subject to rules relating to underlying investments.
Hedge Funds will be subject to same rules as the bonds, that is,
the principal will be subject to Zakat and not the gains. The entire
Other funds (such as Hedge amount of gains is to be paid as charity. However, if there are
funds) Hedge Funds of commodities then it will depend on the nature of
underlying contracts as specific activities may be acceptable from
a Shari'ah point of view.
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220 Zakat

Other questions with regard to calculation of Zakat for a Group of Companies
Is Zakat calculated on
If all the companies of the group belong to the same owners,
individual company assets or
and there is no difference in shareholding of any one of them,
on consolidated Group assets
then Zakat may be calculated on consolidated basis. Therefore,
if the liabilities of one company exceed its Zakatable assets,
Can losses in one company these liabilities may be deducted from the aggregate Zakatable
be offset against profits in assets of the whole group. But if there is a company with a
another company through different shareholding, it should not be included in consolidated
consolidation calculation.
If Zakat is calculatd on the

assets of the overall company,
If Zakat is paid by the company as a corporate entity and all the
would there be a further
Zakatable assets have been included in the calculation on their
liability for Zakat on the
fair value, the shareholders do not have to pay Zakat on their
individual shareholders once
shares. However, the dividends they receive will be included
they receive the dividends
in their cash, the balance of which at the Zakat valuation date
in their hands because they
is Zakatable. The amounts spent during the year need not be
hold shares in that company,
calculated.
or is there a mechanism for a
set-off
Note: Zakat is @ 2.5% per Lunar year. If Zakat must be calculated at Gregorian year it should be
adjusted proportionately for excess number of days.
4.12.6 Zakat on investment in various companies and funds

Q) 1) a) Is it appropriate to have investment in companies with interest
income.
b) How to dispose of such interest income.
2) On shares in various companies, which are held for "long-term" with
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Zakat 221
a view to earn dividend income and capital appreciation:

a) Is Zakat due on the dividend income only or
b) On the capital invested as well as dividend income or
c) On the market value of the shares and dividend income.
3) "Buy-out Funds" - Such funds are usually managed by banks. In
such type of investments, investor puts his money with a long-term return
view. It may take 2 to 4 years’ time to receive the money back with profit,
if the "purchase property" has been sold at profit. If sold at loss, you will
get your capital less your share loss.
a) Are you required to pay Zakat on the sum invested on annual
basis or
b) You will wait until the time the money is returned back to you
because during this time, an asset may have been bought with the
intention to improve and sell at an opportune time.
A) It is not normally allowed to invest in a company the income of which is
derived from interest. However, many contemporary scholars, on the basis of
general need of Muslims, have allowed to invest in a company whose interest
income does not exceed 5% of its total income on a condition that 5% of the
dividend is given in charity.
The shares held to earn dividend are subject to Zakat according to their
market value. However, if it is possible to know the exact proportion of non-
Zakatable assets of the company the same proportion of the market value may
be deducted from the Zakatable amount calculated on the basis of the market
price of the shares. For example, if the market price of a share is Rs. 200 and
it is known that 40% of the total assets of the company are in the form of non-
Zakatable assets (such as buildings, machinery, vehicles, furniture and fixtures
etc.) then Rs. 80 can be deducted from Rs. 200 and the Zakat will be payable
on Rs. 120/-
As for Buy-out Funds, the question of Zakat depends on the nature of the
activity these funds undertake. If the fund purchases some commodities in
order to sell them in the market the rules mentioned with regard to the shares
of the companies will be applicable to the units of these funds also. But if
the fund purchases real estates in order to lease them out then Zakat will not
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222 Zakat
be payable on the value of the real estates. However, Zakat will be payable
on any income received through the lease. In the former case Zakat will be
payable each year on the net asset value of each unit of the fund. In this case it
will not be permissible to wait for the liquidation of the fund.
4.12.7 Zakat on the Trust Funds

Q) Instead of our managing a portfolio of shares, we have invested some
spare cash in some trust funds i.e. private ones and also those set up by the
government.
The price of the fund is closely linked with the index of quoted shares and the
price is given each day. Dividends are also declared and given each year.
Do we have to treat this as cash and pay Zakat on its market value or only
on its dividends. In this case the dividends should be enough to cover for
the Zakat of 2.5% of total market value, therefore, it would not cause undue
hardship as we do not have to sell the capital portion to pay the Zakat.
A) A "Trust Fund" is a mutual fund where a portfolio of the shares of different
listed companies is maintained. The share of a participant in such a fund is
represented by a negotiable instrument usually called a ‘unit’. These ‘units’
represent their holders’ proportionate share in the portfolio, and ultimately a
proportionate share in different companies, as well as a proportionate share
in the capital gain the portfolio earns. Thus, a unit of a "Trust fund" does not
represent cash only, like the bonds, but it represents a proportionate share
in the assets of the relevant companies also. Therefore, it will be treated
like a share of a quoted company for the purpose of Zakat, and all the rules
mentioned with regard to the shares of a company are also applicable to the
‘units’ of a Trust Fund. Therefore, Zakat will be payable on the market value
of such units, irrespective of the amount of dividend declared on them. It is
like the stock in trade on which Zakat is payable on the basis of its market
value, irrespective of the rate of profit earned on it.
4.12.8 Zakat on assets of a Charitable Foundation

Q) Ilma Educational Foundation is a social welfare organization that is
registered under the Companies Act. It runs a secular school for Muslim girls.
The initial funds were raised through donations from the Muslim public as
well as the current directors. It is a non-profit organization, where all income
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derived by way of school fees or otherwise is reinvested for the benefit of the
Foundation itself. The directors are not the owners of any property belonging
to the Foundation, and no dividends are paid to them or anyone else.
According to the Articles of Association, in the event of winding up, the
proceeds will be contributed to another organization that is established for a
similar purpose. In no case will any proceeds be returned to the directors or
the initial donors. The possibility of the Articles of Association being changed
in the future is ruled out.
In this situation, is the Foundation liable to pay Zakat on its assets. The
question is submitted by some directors of the Foundation, who also happen
to be the directors of Amana.
A) Since the Foundation is a charitable one and it is mentioned in the articles
of Association that in the event of winding up, the proceeds will be contributed
to another organization that is established for a similar purpose, the assets of
this Foundation should not be subjected to Zakat. Because the assets are not
owned by any individual or group of persons so they should be treated like
Waqf whose assets are not subject to Zakat. This is my humble view but the
other Ulema may also be consulted in this regard.
4.12.9 Zakat on mosque or a charitable institution

Q) If a mosque gets substantial income over and above what is required for
the expense of the mosque, should it pay Zakat on its income. The income
consists mainly of rental income from properties that have been gifted to
the mosque. If it is payable what is the rate.
A) Zakat is not payable on the assets or on the income of a mosque.
4.12.10 Zakat on assets intended to give to others

Q) I have been purchasing Bonds as savings for my grandchildren, which
will be theirs when I die. So do I pay Zakat on that as well.
A) It is impermissible to purchase bonds that bear interest-based income.
However, if such bonds have been purchased, then Zakat is payable on the
face value of the bond. In the stated situation, you will have to pay Zakat on all
the bonds that you have been purchasing for your grandchildren as the bonds
are in your ownership till your demise.
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224 Zakat
4.12.11 Can we deduct income and wealth taxes from Zakat

Q) We pay income tax and wealth tax regularly. The rate of wealth tax often
corresponds to the rate of Zakat. Can we deduct the amount of such taxes from
Zakat.
A) The payment of government taxes cannot discharge you from the
obligation of Zakat.
However, if you have paid the taxes prior to Zakat valuation date, as explained
in answer to the previous question, the amounts of taxes so paid need not be
included in your Zakatable assets. But if you have not paid the taxes upto the
‘Zakat’ valuation date, even though they have become due, you cannot deduct
the amount of taxes from the Zakatable assets.3
4.13 Zakat Calculation of a business
4.13.1 Zakat on a sole proprietor business and rental income

Q) How will I do the calculation for example I have invested 50,000 in
business and every year my turnover is 300,000. Please note this is turnover.
My profit before expenses is 10% and after expenses is 5%. So how should
I calculate the Zakat and on what amount. Because originally my investment
is 50,000 which I keep on reinvesting, further all goods that I import nothing
stay with me for the period of one year.
I have a house which is on rent. Now do I need to pay the Zakat of the value
of that house or only the rental income or as some told me there is no Zakat
on rental property either.
A) Zakat is not calculated on the profit or turnover. It is calculated on the
value of the whole stock in trade, raw material, cash and bank deposits that are
in balance on the valuation date of Zakat. For example, the valuation date is
1st of Ramadan, you should calculate the balance you have on that date from
all the aforesaid heads then you may deduct any outstanding debts and then
3 This view must be reconsidered because taxes which are due and payable on the valuation date are
debts, to the extent that if the relevant assessment is not paid, the government is given extraordinary
power to recover the debt by obtaining judgement and levying execution against the assets of the
taxpayers. An ordinary creditor may waive his claim, but government does not have the power to do so
in terms of income tax legislation. There must, however, be a valid assessment issued by the Revenue
Authority on the valuation date, for the amount thereof, to be deducted. The assessment is a genuine
demand for payment. (EDITOR)
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Zakat 225
you will have to pay Zakat on the rest. It must be kept in mind that it is not
necessary that one year passes on each and every item of your stock; therefore,
you do not have to know that for what time a particular item remained with
you. Instead, you have to see, what the balance is on the valuation date. Even
if some items have come to you even one day before the valuation date you
will have to include them in the Zakatable assets.
You do not have to pay Zakat on the value of the house, rather you will pay
Zakat only on that balance of the rental amount which is with you on the
valuation date.
We have prepared a proforma for the calculation of Zakat which you can
obtain from the Centre for Islamic Economics, Karachi.
4.13.2 Zakat on various assets of a business

Q) 1) Is Zakat payable on business. If so, how does one calculate the
amount. I have overdrafts and loans in business too, as well as receivables
outstanding.
2) Is Zakat payable on stocks. I have stocks from various periods
starting from 30 days to over 365 days. There are certain stocks which
are not sellable anymore.
A) First of all, you should set a particular date of a lunar month for the
valuation of your assets for the purpose of Zakat. It should be the date on which
you became Sahib-e-Nissab for the first time. If that date is not remembered
even after due consideration, it is better that you choose the first of Ramadaan
for this purpose, because this is the date on which the government also collects
Zakat from all the citizens. This date will be your Zakat valuation date for
each year as long as you remain sahib-e-nisab (the one on whom Zakat is
obligatory).
Then, you should calculate the value of your Zakatable assets as it stands at
that valuation date.
The Zakatable assets are the following:
- Cash (including the balance of your bank deposits) at that date.
- The market value of the shares of joint stock companies or NIT units
or mudaraba certificates held at that date.
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226 Zakat
- Face value of the financial papers, like bonds, KDCS, NDSCS etc.
- The whole-sale value of the balance of stock-in-trade (including raw
material) at that date, irrespective of the period of their retention.
- Receivable amounts (book debts) as on that date.
From the total amount of the aforesaid assets, the following amounts may be
deducted:
- Amounts payable to the suppliers of stock (including raw material)
- Amounts payable at that date as rent to the landlord or to the lessor
if equipment is acquired on lease.
- The principal amount of loans borrowed from financial institutions
and employed in acquiring Zakatable assets, or any personal loans.
- The amounts deducted by the government at source as Zakat.
After the deduction of these amounts from the total value of the Zakatable
assets, as mentioned above, the balance will be your Zakatable value. 2.5 per
cent of this Zakatable value is payable as Zakat.
The period of retention of the stock is not material. The balance standing at the
date of valuation shall be valued, no matter whether some stocks are acquired
some months ago, and some are acquired just one day earlier.
The completion of one year is needed only for the minimum amount of nisab.
If somebody has been owning the minimum amount of nisab for the most parts
of the year, he has to pay Zakat on the balance remaining with him, on the date
of valuation. ‘Retention for one year’ is not necessary in respect of each and
every item. Therefore, whatever comes or goes during the year has no bearing
on the calculation of Zakat. It is only the balance remaining on the valuation
date which is subject to Zakat.
You have also asked about the stocks which are not "sellable anymore". If
you mean that these stocks are kept for personal use or for charitable purpose,
they shall not remain Zakatable any longer. But if you mean that they are
available for sale, but nobody comes forward to purchase them, they are still
Zakatable. However, it should be remembered that Zakat can also be paid in
kind, therefore you can pay their Zakat from those assets themselves i.e. you
can give 2.5 % of those stocks in kind to a person entitled to receive Zakat.4
4 In valuing stock, the test of market value is as follows: What would a willing buyer pay to a willing
Chapter 04
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4.13.3 Zakat on assets of a shop

Q) We have some stock in our shop along with some fixtures, furniture, etc.
We have some cash-in-hand, some bank balance, some receivable amounts
and some payable debts. On what assets out of these categories should we pay
Zakat and at what rate.
A) Zakat is not payable on the fixtures and the furniture of the shop. You
should pay Zakat only on the stock, cash-in-hand and on your bank balance.
The amounts receivable from your customers are also liable to Zakat. You
can pay Zakat on these receivable amounts either at the end of each year or
after you actually receive them from your debtors. But in the latter case if you
receive these amounts after more than one year, you will have to pay Zakat
for all the preceding years also. So, it is more advisable to pay Zakat of all the
receivable amounts each year together with the other Zakatable assets.
The rate of Zakat in all these assets (i.e. the stock, the cash in hand, the bank
balance and the receivable amounts) is 2.5 per cent of their value.
As for the debts payable to creditors, you can deduct their total amount from
the value of your Zakatable assets, Zakat not being payable on these liabilities.
4.14 Zakat payable by investors in business
4.14.1 Zakat Calculation of investment in business

Q) Someone wanted to know they have invested money in a business. How
should they pay their Zakat for that particular investment.
A) If money is invested in a business on the basis of profit and loss sharing,
the exact proportion of his investments as compared to the value of the whole
business must be determined first. If it comes to 5% for example, then the
investor must pay Zakat for 5% of the total Zakatable assets of the business as
on the valuation date.
4.14.2 Zakat calculation of investors in a joint business

Q) The money was borrowed from 3 investors. We intend to return all of
them their money. In the meantime all receive a mutually agreed percentage
as profit.
seller if all the stock were sold in bulk in a single transaction on the valuation date. (EDITOR)
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228 Zakat
Two want their money back. Out of those two, one says ‘take your time’. He
continues to get his profit as long as his money is with us. Half his amount has
been returned.
The third one wants his money back and doesn’t want to continue because
we can’t raise his profit as much as he likes. We asked for time. Since all
his investment was used to purchase stocks a timetable has been mutually
agreed upon. There was a certain amount which was returned at the time of
this agreement. The rest has to be paid in one year but since all this "baat
cheet" (discussion) went on, one year has elapsed and Zakat has accrued. All
the investments were used to purchase stocks. Other assets of the business are
furniture, office equipment and the furniture added to the shop. For the purpose
of displaying the goods the shop is rented. Yes the money was borrowed on
profit sharing.
A) The principle is that if money is invested by different partners in a joint
business, each partner has to pay Zakat on the proportion of his investment
relatable to the Zakatable assets of the business. For example, if a partner has
invested 5% of the total investment of the business, he is liable to pay Zakat
on 5% of the value of total Zakatable assets of the business. And so long a
partner is participating in the business the money he has invested is not a debt
payable by other partners. Therefore, if a partner wants to leave the business
he is entitled to get only his proportionate share in the existing business which
may be more or less than his initial capital investment. Keeping this principle
in view you are liable to pay Zakat on your own share in the business and not
on the shares of other partners.
4.15 Zakat on Property use by business or on rent
4.15.1 Zakat on house given on rent or remaining vacant

Q) Is ‘Zakat’ payable on Bungalows/Houses or Flats which are given on rent
or which remain vacant. If payable, should it be on the original cost or on the
market value.
A) Zakat will be paid only on the rent earned from the properties owned.
Zakat will not be paid on the value of the property, unless it is bought with the
intention of selling it.
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Zakat 229
4.15.2 Zakat on building owned by a business

Q) 1) We have a firm which does import and export business. This firm also
invested in a Building. The building stands in the name of a Partnership
Firm. Part of the Building is given to a factory on rental basis.
2) Is ‘Zakat’ payable on the Building Value. Also whether on the original
cost of the Building, the Depreciated Value or the Current Market Value.
A) 1) As mentioned earlier, if the building is not acquired or built with an
intention to re-sell it, then no Zakat will be payable.
Only such part of the rent shall be liable to Zakat which stands in your
balance on the Zakat valuation date of each year and which has not been
spent.
2) However, Zakat shall be paid on it’s market value if the building is
acquired or constructed with a clear intention of re-sale in which event, it
becomes stock-in-trade.
4.16 Zakat on plot of land in various situations
4.16.1 Zakat on plot & intention to sell

Q) In case one owns one or more plots of land and the intention is to sell
them and use part/all of the money so acquired to build a house for oneself,
should Zakat still be paid on them for all the number of years they are held by
the individual. The house so built may be used by oneself or it may be rented
out.
A) Even if the intention is to build a house for oneself from the sale proceeds
of the plot Zakat is still payable as aforesaid. However, it should be noted
that the intention of resale must be clear at the time of purchase of plot. If at
the time of purchase of the plot there was no such intention, Zakat will not be
obligatory even though the owner intended to resell it at a later stage.
4.16.2 Zakat on plot not in one’s name & on installment

Q) What should be the process if the plots are not yet transferred in one’s
name as the land is under development and payment is being made through
installments.
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230 Zakat
A) Transfer of the plot in the name of the owner is not necessary for Zakat
being obligatory. However, if the plot is purchased on installments, the amount
of remaining installments may be deducted from the value of the plot as these
installments are a debt payable by the owner.
4.16.3 Zakat on open residential plot of land

Q) Is ‘Zakat’ payable on the cost or the market value of an investment made
in open land (Residential plot).
A) If the residential plot is purchased for the purpose of resale then Zakat
will be payable at the market value, but if the plot is acquired for purposes
other than being resold then Zakat will not be payable.
4.16.4 Zakat on plots held for sale

Q) How should Zakat be calculated on plots of land kept with an intention
to be sold. If such plots are kept for a period of several years, should Zakat
be given every year. How should Zakat be calculated if the price changes
considerably over a one year period.
A) If the plots were purchased with a clear intention of their sale, Zakat will
be payable on their market value as on the date of valuation of Zakat.
4.16.5 Zakat on plot bought with partial payment

Q) 1) Do we have to pay Zakat on land. I bought a land, it is just lying.
2) I bought another land, 20% money has been paid, 80% is due then I
will own the land, can I deduct this 80% money from my total cash then,
calculate Zakat.
3) I have cash of $200 from last Ramadan. Now I save some money
$300 has been saved in last 8 months.
A) 1) If you have bought a land with clear intention that you will re-sell
it, then Zakat will be leviable on its market value each year. However, if
the land was bought for personal use or for farming or for constructing a
house for rent or with no intention at all, you will have no obligation to
pay Zakat on its value.
2) If the purchase of the land is effected absolutely and finally and you
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Zakat 231
have become owner of the land then 80% price of the land which is a debt
payable by you, may be deducted from the total cash on which Zakat will
be levied.
3) You will have to pay Zakat on US$500. The principle is that if
a person was the owner of the Nisab at the beginning of the year and
is the owner of the Nisab at the end of it then he has to pay Zakat
on whatever balance he has at the valuation date, even though some
amount of money has come into his ownership only one day before the
valuation date.
4.17 Zakat on self occupied house & furniture
4.17.1 Zakat on self occupied house
Q) 1) Is ‘Zakat’ payable on a Bungalow/House irrespective of how big it

may be, which is occupied by us. If ‘Zakat’ is payable, should it be on
cost or on the Market Value.
2) If any loan is taken against the Bungalow or House, should Loan

amount be deducted before calculating ‘Zakat’ amount.
A) 1) Zakat is not payable on the Bungalow/House which you own and

utilise for residential purposes. However, if Bungalow/House is purchased
or built with the intention of resale, then Zakat will be payable on it’s
market value.
2) A loan taken against the Bungalow/House can be deducted from the
Zakatable amount.
4.17.2 Zakat on furniture & fixtures
Q) Is ‘Zakat’ payable on furniture, fixtures, such as electric equipment, air

conditioners, carpets, crockery, etc. If payable, should it be on the cost or on
the market value.
A) Zakat is not payable on furniture, electric equipment, airconditioners,

carpets, crockery, and other items that are for household utilization.
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232 Zakat
4.18 Zakat on Provident/Pension Funds and Medical

Benefits
4.18.1 Zakat on employees Provident Fund contribution

Q) In Malaysia, 20% of monthly salary is paid to the Employees provident
Fund which keeps and manages the funds for us until retirement age. We are
not allowed to take the money before retirement except in the case of death
of the employee where it is paid to the heirs. How do we treat this asset in the
payment of Zakat.
A) If 20% of the salary is deducted at source without giving this amount
to the employee, Zakat is not payable on the amount kept in the Employees’
Provident Fund until the same is received by the employee. When an employee
receives it on his retirement, the amount so received shall form part of his
Zakatable assets of that year only, and such part of it as is not spent before
the valuation date shall be subject to Zakat, and Zakat will be payable on the
aggregate balance of his assets (including the balance of the amount received
from the Fund) on the valuation date.
4.18.2 Zakat on Provident Fund, Gratuity and Medical Benefit
Scheme
Q) Do I have to pay Zakat annually on the following benefits that my
employer accrues in my name and for my ultimate benefit:
PROVIDENT FUND
I am a member of the Provident Fund Scheme, which is mandatory. Monthly
contribution is ten percent of the basic salary that is deducted directly from
member’s salary. The employer simultaneously contributes an equivalent
amount to member’s provident fund account. The accumulated funds are
invested to earn profits, which are allocated to member’s account on a pro-rata
basis periodically. The Provident Fund is managed by Trustees of the Fund
comprising representatives of employees and the management. At the time of
termination of service, the member is paid the total amount accumulated in his
account, which will comprise:
- the member’s monthly contributions,
- contributions by the employer, and
- profits earned on investments made from these amounts.
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Zakat 233
In the event of the death of the member, the nominee(s) will be paid the
accumulated amount in the fund. Member has the facility of availing loans
from the total amount accumulated in their Provident Fund account. A
Provident Fund Loan may be taken to meet expenses for a marriage, house
building/repairs, life insurance premium, illness in the family etc.
GRATUITY
An employee is eligible for a service gratuity on conclusion of his employment
with the employer. Service Gratuity will be based on the member’s length of
service with the employer and will be at ten or twenty days last drawn basic
salary per year of service completed or part thereof. Gratuity will not be paid
to members who are dismissed for misconduct.
In the event of death of a member, the service gratuity will be paid to nominated
beneficiary. The nomination will however be subject to the law of succession
applicable to the member.
POST RETIREMENT MEDICAL BENEFIT SCHEME
This scheme provides in-patient medical coverage with the specified limits
to members who have served the employer for a minimum of ten continuous
years and are part of the scheme. The medical coverage is for the employee and
his spouse. This is a contributory scheme for which a member’s contribution
is three percent of the monthly basic salary. Participation in this scheme is
mandatory for all employees. Members concluding employment before
retirement will be repaid their contributions and accumulated investment
income. (This would serve as an additional regular personal saving for the
member).
At the time of retirement, members are permitted the option to remain in the
scheme or to withdraw. A member wishing to withdraw will be paid back his
contributions and investment income thereon. However, this withdrawal will
be irrevocable and will be exercised in writing. The withdrawing member will
then not be eligible for Post-Retirement Medical Benefits from the employer.
A) 1) Zakat will be payable on Provident Fund after it is received.
2) Zakat is not payable on Gratuity until it is received.
3) Zakat is not payable on the amounts accumulated in Post-Retirement
Medical Benefit Scheme until they are received in cash. If a bill of a
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234 Zakat
medical practitioner or of a hospital is paid directly from this scheme

Zakat is not payable on such bills.
If the amounts of Provident Fund, Gratuity and Post-Retirement Medical
Benefit Scheme are received at a time when the employee is already the owner
of Nisab, the amounts received under these heads will be joined with his other
Zakatable assets and Zakat will be payable on his normal date of valuation of
Zakat.
Therefore, if these amounts are received at a time when the employee does
not own Nisab, then Zakat will be payable after one lunar year from the date
of receipt.
4.18.3 Zakat on Pension & Retirement Funds, and Purification

Q) 1) The purpose of a pension, provident, retirement annuity, preservation
or similar funds, registered, in terms of applicable legislation is to provide
annuities or lump sum payments for members or former members of
the relevant fund upon their reaching their retirement dates, or for the
dependents of such persons upon the death of those persons. (hereafter
referred to as "the fund").
2) A fund is a separate legal or juristic person, with power to exercise
its powers and perform its functions, in terms of its rules. The registered
rules of the fund inter-alia bind the members and the fund, and on any
person who claims under the rules. A member of the fund is legally
entitled to the payment of a benefit, only in accordance with the rules of
the fund. All the underlying moneys and assets of the fund are owned by
and vest in the fund, as a separate legal entity. The affairs of the fund are
managed by the board of trustees in accordance with the applicable laws
and the rules of the fund.
3) Against this very brief background, the critical question arises: How
does one treat, for Zakat purposes, the benefit that the member of the
fund is legally entitled to, on termination of his or her membership, in
accordance with the rules of the fund. How does one characterize such
legal right from a Shari'ah perspective, bearing in mind that the assets of
the fund are legally owned by the fund.
4) The answer to the question depends upon whether the member’s
participation in the fund is compulsory or voluntary.
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Zakat 235
5) In the case of compulsory participation, it is normally a binding

invariable term of employment, for the member to participate in the fund,
which is designated by the employer. On this imposed contractual basis, the
monthly employee contribution is deducted from the member’s earnings at
source and paid over to the fund. The effect of this is that the employee has
not become the owner of the contribution so deducted and transferred to the
fund. In the Hanafi school, the employee only becomes the owner of his or
her salary, upon receipt or possession thereof. Prior to such possession, the
employee only has a valid contractual claim for payment thereof.
‫األجرة ال تملك بالعقد بل بالتعجيل او بشرطه او باالستيفاء او بالتمكن يعىن ال يملك‬
‫ النها‬...‫األجرة اال بواحد من هذه األربعة والمراد انه ال يستحقها المؤجر اال بذالك‬
‫لو كانت دينا ال يقال انه ملكه المؤجر قبل قبضه وإذا استحقها المؤجر قبل قبضها فله‬
) ‫( البحر الراءق‬....‫المطالبة بها‬
6) It follows that all compulsory contributions and resultant growth in
the fund, irrespective of the source thereof, as reflected in the member’s
individual account is regarded as Halal. The total amount paid to the
employee is, upon termination of membership, in respect of a compulsory
provident or pension fund, in the nature of a gratuitous payment (tabarru),
and accordingly does not need to be purified between Halal and Haram
components.
7) In the context of a compulsory pension and provident fund, the
employee member is therefore entitled to transfer the monetary value of
his or her full fund credit, without deduction, for investment in a Shari'ah
compliant unit trust fund, established under applicable legislation.
A) The conclusion you have reached at point 5 is correct. However,
thereafter, classification of the excess given to the member is that it is part of
the remuneration for his services, considering that he has a contractual claim
to the same, which is, originally, not true for tabarru. Zakat is payable after
possession for that year and not for previous years. However, it is better to pay
it for previous years, as Sahibayn have required the same.
The above also applies to voluntary at-source deductions since the member’s
consent on wealth not yet owned by him, cannot have any Shari’ consequence.
However, since there is a degree of tashabbuh with Riba in the consent, caution
is that the excess be disposed of in avenues of charity. The ruling for Zakat is
as above.
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236 Zakat
The above only applies to deductions at-source. Once the funds are transferred
to any avenue upon which the employee has control of disposal, then the funds
are in his Shari’ possession for all purposes including Zakat and consent to
permissible or impermissible investments.
This is the gist of the fatwa of Hazrat Maulana Mufti Muhammad Shafi’ Saheb
ٰ ‫پرویڈینٹ فنڈ پر‬
and other luminaries published under the title: ‫زکوۃ اور سود کا مسئله‬
4.18.4 Zakat on Retirement Savings Plan

Q) This is a savings plan which is ‘accessible’ to employee. Employee can
take out money, but after deduction of tax.
On which ‘accessible’ value the Zakat is payable:
1) Before tax, or
2) After deducted tax, which will be the amount the employee is going
to possess.
3) Is Zakat payable on the total accessible amount or on only on the
amount actually accessed / withdrawn.
A) Zakat is payable on the amount which is actually drawn after deduction
of tax only for the year in which it is received and not for the past years.
Follow up question:
Q) This retirement savings plan is based on individuals’ cash contributions
in respective years resulting in tax benefits. The contributed amounts are
invested in the available portfolio options as per the choice of plan holder.
Is the above answer still valid or should the current value of the Retirement
Savings Plan, as on the date of Zakat calculation, to be included in the total
assets of the plan holder for Zakat calculation?
A) The answer remains valid in the mentioned situation regarding retirement
savings plan as well because the employee has not become the owner of the
contribution so deducted and transferred to the fund. The employee only
becomes the owner of his or her money, upon receipt of possession thereof.
4.18.5 Off-setting the excess Zakat paid on Pension Scheme
Q) There is fixed income portion in my Pension investment portfolio. At the
Chapter 04
Zakat 237
time, when I will start receiving money from this Pension fund, I will have to
give away in charity the interest / Riba based portions, for its cleansing and
retention of Halal money. Also, employee’s and employer’s contributions in
this category will be retained, as being Halal.
From the Fiqh material received, and from online research, it is established
that Zakat is payable on ‘accessible’ amounts and not on the ‘inaccessible’
accumulated value of Pension or Gratuity funds. However, contrary to this and
due to lack of knowledge, I have annually paid Zakat on accumulated Pension
fund value. The Pension fund is ‘inaccessible’ till retirement. Thus, the annual
Zakat has been overpaid over the years.
Is it Jaiz / Ok to treat and consider the previously "overpaid Zakat" as money
paid towards "charity to give away the Riba portion".
Any excess or short fall between the "over paid Zakat" and "charity to give
away the Riba portion" will be accordingly paid or adjusted, based on the
reconciliation of these two accounts.
A) Firstly, it should be clarified that any excess above the employee’s and
employer’s contribution to a pension fund is not interest, even though it is
cautious, but not necessary, to give it in charity when the deductions from
the employee’s salary are voluntary. If the deductions are done without the
employee’s consent, then the excess is permissible for the employee. However,
if the employees have formed a committee or trust to receive and invest the
deductions, or the employer has formed such committee or trust on behalf
of the employees with their consent, and then these deductions are given in
the possession of the committee or trust with the consent of the employees,
such funds held by the trust will be recognized as being in the possession
of the employees. Therefore, the Zakat will be payable on these amounts by
the employees from the time the said trust takes possession of the funds on
their behalf; subject, obviously to the other conditions of Zakat being met.
Similarly, any excess earned on those funds will be permissible provided it
is earned by the trust’s permissible investment. If the trust invested the funds
in impermissible avenues, like interest-bearing accounts, the excess will not
be permissible for the employees. (See: ‫ از‬،‫پروویڈنٹ فنڈ پر زکات اور سود کا مسئله‬
‫ حضرت موالنا مفتی محمد شفیع صاحب قدس سرہ‬and Fatwas 56/ 1875 and 28/2019 of
the Fatawa of Darul Ifta Jamia Darul Uloom Karachi).
Now, with regards to adjusting extra Zakat paid against such charity, it does not
Chapter 04
238 Zakat
seem possible, as Zakat is paid to fulfill a person’s own obligation, whereas,

disposing off doubtful income is actually a charity on behalf of those who
have a right to those funds, but are not reachable. That said, the extra Zakat
may be adjusted against the Zakat of the coming year.
‫ رجل له أربعمائة درهم فظن أن عنده خمسمائة فأدى زكاة‬:)176 /1( ‫لما ىف الفتاوى الهندية‬
.‫خمسمائة ثم علم فله أن يحسب الزيادة للسنة الثانية كذا يف محيط السرخسي‬
Follow up question:
Q) The above answer allows extra Zakat to be adjusted against the Zakat of
the coming year.
A) The extra Zakat paid over (say) past ten years is (hypothetically):
30,000
B) Calculated Zakat to be paid this year in 2023 is: 5,600
C) Balance of excess paid Zakat after adjusting this year’s Zakat of
5,600 is: 24,400 (30000-5600)
Can the payable Zakat of the next few years, when it is calculated in that
respective year, be allowed to be adjusted from excess paid Zakat of (say) past
ten years, till the balance “C” is exhausted and becomes zero?
A) Yes, it is permissible to adjust the payable Zakat for the coming years
from the excess Zakat paid in past years.
4.19 Zakat on various items of assets
4.19.1 Goodwill
Q) We have a retail shop at a rented premises. We have paid a huge amount
for its "goodwill" when taking its possession. The question is whether Zakat is
payable on the value of the goodwill which has now increased considerably. If
Zakat is payable on the goodwill, should we pay it on its original value or on
the present value.
A) No Zakat is payable on the value of the goodwill of a shop.
4.19.2 Stock valuation

Q) What should be the basis of valuation of our stock for the purpose of
Chapter 04
Zakat 239
Zakat. Should we calculate the value on the basis of our cost price or on the
basis of the present market price.
A) Zakat is always payable on the current market price of each Zakatable
asset.5
4.19.3 Industrial assets

Q) On which of the following assets of an industry, Zakat is payable. Land,
building, machinery equipment, warehouse, raw material, finished goods,
cash in hand, bank balance, amounts receivable, transport vehicles.
A) The following assets of an industry are subject to the obligation of Zakat:
- raw material
- finished goods
- cash - in - hand
- bank balance
- amounts receivable, subject to the details given in answer to the
above question
The following assets of an industry are not subject to Zakat unless they are
purchased with an intention of selling them again:
- land
- building
- machinery /equipment/fixtures and fittings
- warehouse
- transport vehicles
4.19.4 Loans by an industry

Q) Can the amount of loans taken by an industry from the banks be deducted
from the value of Zakatable assets.
A) The general principle is that all the loans payables can be deducted from
5 What would a willing purchaser pay a willing seller for the stock if sold as a whole in one single
transaction on the valuation date. (EDITOR)
Chapter 04
240 Zakat
the value of Zakatable assets when calculating the amount of Zakat. But in
modern conditions where the owners of an industry have taken so much loans
from the banks that cover all their Zakatable assets, then the amount of the
loan utilized in the construction of a building, or in the purchase of machinery,
fixture or furniture, or in the purchase of any other asset exempt from Zakat,
the amount of such a loan should not be deducted from the total value of
Zakatable assets.
4.19.5 Export licence and import permit

Q) We have some export licences and some import permits. They are either
obtained from the government free of charge or purchased from the market.
These permits and licences have value in the market which fluctuates according
to the market forces. Should we pay Zakat on the value of such licences or
permits.
A) Zakat is not payable on export or import licences.
4.19.6 Shares in quoted companies

Q) I want to know the applicability of Zakat on shares and securities in
quoted public companies. The companies in which investment is made may
constitute.
- Banking and financial institutions.
- Trading Companies.
- Industrial and manufacturing companies.
- Petroleum drilling and marketing companies.
On inquiries, I have got different answers about the value of these shares
which attract the Zakat but I like to have your candid opinion:
Zakat will be payable on the market value of all the shares on 1st of Ramadan.
Will the Zakat be payable on the face value of the shares held on 1st of Ramadan
and not on market value as quoted on stock exchange. The market value keeps
fluctuating on day to day basis. Is it true that no Zakat will be payable on the
shares of industrial companies because the industrial companies are engaged
in producing goods and are involved in manufacturing activities.
Chapter 04
Zakat 241
Zakat will be payable on the market value of the shares of industrial and
manufacturing companies as reduced by the value of the fixed assets of the
concerned companies.
Is it necessary to take the market value of the shares on 1st day of the yearly
average price because the prices keep fluctuating day by day.
In case of deduction of value of the fixed assets in manufacturing companies
from the market value of the shares. How do I calculate the value of the fixed
assets because fixed assets are not fully financed by shareholder’s equity but
also from long-term borrowings. Will it therefore be necessary to deduct the
outstanding long-term loan from the value of the fixed assets.
A) In response to your query on the above subject the following points have
to be kept in view while calculating Zakat:
- It is not allowed to acquire the shares of any banking or financial
institutions. If someone has mistakenly acquired such shares, they are not
subject to Zakat, the whole amount received as dividend or as proceeds of
such shares have to be given in charity without the intention of Sawab.
- If the shares are acquired for trading, Zakat is payable on their market
value of valuation date. The valuation date is not the first Ramadan for
every person. The principle is that the valuation date for every person is
the date on which one becomes owner of Nisab for the first time.
- If the shares are acquired for investment and not for trading, then,
they will be valued according to their market price on the valuation date,
but in this particular case the proportion of the value of the fixed assets
of the company may be deducted from the value of the share. It is not
because the fixed assets have been acquired through loan but because
the fixed assets like building, machinery, vehicles, furniture etc. are not
subject to Zakat, if they are not meant for trading.6
- Normally the amounts of loan borrowed from someone are allowed
to be deducted from the total Zakatable value, but in case of big industrial
loans if they are taken to purchase non-Zakatable assets like building,
6 Those who have shares in listed or unlisted companies may choose to pay Zakat by determining
the actual Zakatable assets and the value thereof by reference to the relevant company's accounting
records. This may result in a saving, as compared to paying Zakat on the market value of the shares
themselves. The Zakatable assets of a trading company is normally represented by cash plus book
debts plus stock in trade less, liabilites, calculated as at the valuation date. (EDITOR)
Chapter 04
242 Zakat
machinery, vehicles, furniture etc. their value should not be deducted from
the total Zakatable assets. However, if they are employed to purchase
Zakatable assets like raw material of the company in trade etc, then, such
loans may be deducted.
4.19.7 Shares in unquoted companies

Q) How is Zakat calculated and paid on the unquoted shares which cannot be
sold through stock Exchange.
A) Zakat is obligatory on the market value of the shares of every joint
stock company. Although the market value of the unquoted shares cannot be
determined through the stock Exchange, yet there are two ways to determine
their value.
1) Some unquoted shares are sold and bought through "over the counter"
transactions i.e. by mutual agreement of the buyer and seller and without
the mediation of a stock Exchange. These "over the counter" transactions
may determine the market value of the unquoted shares.
2) If the market value cannot be ascertained in this way for some reason,
then the value of the unquoted shares should be calculated on the basis of
the balance sheet of the company.
It has already been explained in Albalagh (June 1990 p.20) that a shareholder
can deduct from the Zakatable value a proportion equivalent to that of the fixed
assets of the company7. The same principle is applicable to the unquoted shares.
4.19.8 Diamonds
Q) Zakat is not payable on diamonds, regardless of how high their value may
reach" (June 1990 issue of Albalagh, page 19).
Diamonds are an expensive marketable commodity like any other valuable
item, regardless of whether they are used in making jewellery or retained
as investment. They bring a fairly high capital gain. When gold in any form
is subject to Zakat as is value of any other item held for long or short-term
investment and business purposes, why should the value of diamond be
exempt.
7 In other words, non-Zakatable assets such as plant and machinery, fixtures and fittings, are not
taken into account. (EDITOR).
Chapter 04
Zakat 243
A) If diamonds or precious stone are purchased for trading purpose, i.e. with a
clear intention of their resale, they are certainly subject to Zakat like any other
item purchased with the same intention. But if a diamond or a precious stone is
kept for personal use only, in that case Zakat is not obligatory on its value.
The principle governing the levy of Zakat is that only those assets are Zakatable
which either fall within the definition of money, or are the metals universally
accepted as a medium of exchange like silver and gold. All other assets are
not Zakatable unless they are meant for trade and resale. The precious stones,
including diamonds, are, no doubt, very valuable assets. But if they are not
purchased for trading, they are not subject to Zakat. This principle is based on
a Hadith:
‫ال زكاة يف حجر‬
There is no Zakat on a stone
On the basis of the above, the overwhelming majority of the Muslim jurists
are of the view that precious stones are not subject to the levy of Zakat unless
they are acquired for the purpose of resale.
There are, however, some jurists like Imam Ahmad who believe that all
precious stones are liable to Zakat, even if they are kept for personal use.8
Therefore, if somebody pays Zakat on the value of these stones, it will be free
from all doubts and will promise more reward. But so far as the mandatory
nature of the levy is concerned, the view of the majority is supportive of non-
obligation of Zakat, because they are neither money nor a universally accepted
medium of exchange.
Moreover, the value of precious stones depends on their scarcity and rareness.
They have no intrinsic value. Therefore, they are like valuable antiques or
manuscripts which, on account of their rareness, sometimes have more value
than gold. Still, they are not subject to Zakat unless they are purchased for
trade or resale. Likewise precious stones may have more value than gold. Yet,
the obligation of Zakat is not imposed if they are not meant for trade.
4.19.9 Jewellery and Diamonds used by self

Q) 1) Is ‘Zakat’ payable on Jewellery and Diamonds. If so, on the purchase
value or on the Market value.
8 Mughni of Ibn Khudaamah - Vol.2, p. 617
Chapter 04
244 Zakat
2) Is ‘Zakat’ payable on Gold/Silver Jewellery in use by wife, daughter

or kept as investment - If so, is Zakat payable on the Purchase Value or
the Market Value.
A) 1) Zakat will be payable on gold and silver jewellery, if such jewellery
exceeds the minimum weights:
- for silver : 52.5 Tolas/ 612.36 Grams.
- for gold : 7.5 Tolas /87.479 Grams.
Zakat will be paid as follows:
[Number of Tolas/Grams x cost of 1 Tola/Gram (Silver/Gold)] multiplied
by 2.5% = Zakat amount
Zakat is not payable on diamonds, despite their value.
2) Zakat is payable on Jewellery of Gold/Silver even if it is used by
your wife or daughters (Hanafi view).9
Such Zakat is calculated on the market value of the gold or silver used in
the jewellery.
4.19.10 White gold with Platinum

Q) Upon consulting a professional jeweler, I have ascertained that White Gold
is made predominantly from platinum. As Zakat is not payable on precious
stones and gems, would White Gold fall within this non-Zakatable ambit, and
if not then on what rationale is Zakat payable on White Gold considering that
it is the most expensive type of gold to be sold on the market.
A) If the white gold does not contain any amount of extractable gold, then
Zakat shall not be payable on it.
4.19.11 Insurance premium, prize bond, NIT & other investments

Q) Is Zakat payable on:
1) Premium of Insurance Policies (Personal). If payable, whether on
the total premium amount paid. Should it be paid yearly or can be paid at
maturity on total receipt inclusive of bonus etc.
9 The Shafei view is, that Zakat is not payable on personal jewellery. (EDITOR)
Chapter 04
Zakat 245
2) Investments made in Bearer Instruments such as prize Bond, NDFC,

where no Zakat deductions are made. Is Zakat payable on the Face Value
or on the accrued value. Can Zakat be paid on maturity.
3) On investment in Securities such as NIT. Units, Khas Deposit
Certificates (Registered), in this case ‘Zakat’ is deducted on profits and
on the Face Value each year, and net amounts paid to investor. Are we
liable to pay any other amount as ‘Zakat".
4) Investment made in Public Limited Shares where ‘Zakat’ is deducted
on Dividend paid. ‘Zakat’ is not deducted if dividends are unpaid.
Are we liable to pay "Zakat" each year if not paid by the company.
Also whether ‘Zakat’ payable on Market Value of Shares = (Difference Value
i.e. Market Value - Purchase Value).
A) 1) Most of the conventional insurance modes are impermissible
according to the Shari'ah. Anyone who has entered into such conventional
insurance modes, should refrain therefrom. However, he is entitled to
receive the amount of the actual premiums which he has paid into the
company. So if he receives the premium back, he must pay Zakat on the
amount which he has received. If he has received it after a number of
years, Zakat will be payable for all the preceding years as well.
Any bonus, interest or insured amount paid to him by the company will be
impermissible. He must refuse to accept such sums or give it to a charity.
2) The "prize bond" and other investment instruments of the NDFC
are in direct conflict to the injunctions of Islam. Any returns earned from
such investments will resultantly be classified as impermissible. Zakat
will be paid on the face value of the bonds and certificates issued by the
NDFC (National Development Finance Corporation - Pakistan).
If Zakat is paid at maturity, then Zakat will have to be discharged for the
previous years as well.
Any profit, prize or interest received on these bonds or certificates would
be Haraam, hence not liable to Zakat. Yet the entire amount of this profit,
prize or interest should be given as Sadaqah to a charity.
3) The Zakat deducted on NIT Units (National Investment Trust -
Pakistan) each year, need not be re-given, provided that Zakat is deducted
on both the face value and the profit.
Chapter 04
246 Zakat
As for the Khas Deposit Certificate, profits given on them are

impermissible in Shari'ah. Zakat is therefore payable on the face value
of such certificates. Profits earned on them are of interest and should
therefore not be accepted. Anyone receiving such sums should distribute
them to those entitled to receive Zakat.
4) Yes, if Zakat has not been deducted by the company, you are under
obligation to pay Zakat on the market value of the shares. You can
deduct from the Zakatable Value a proportion equivalent to that of the
fixed assets of the company (which are non-Zakatable). If it is difficult to
ascertain that proportion, then it would be advisable to pay Zakat on the
total market value of the share.
HOW TO PAY
4.20 Payment of Zakat
4.20.1 Zakat can be given in cash or kind

Q) The community association in our city is collecting Zakat funds with an
intention to purchase houses for the poorer members of the community. Is
it permissible as per Shari'ah for them to buy the houses and give it to the
recipients (with full transfer, of course), or must they give cash and ask the
recipient to buy the house.
A) 1) Zakat can be given in cash or in any other kind.
2) If cash is given to the deserving recipient, then it is not permissible
to force or dictate him to use it in a particular manner. However, a non-
binding advice or guidance for its use may be given.
3) In this case, house can be bought with the Zakat fund and given to
the poor people provided:
a) The recipient meets all the conditions prescribed by Shari'ah for
him to be a "deserving-recipient" of Zakat; and
b) The transfer of ownership of such houses to the recipients is
instant, unconditional and in a manner which must not restrict the
recipient’s right to use and dispose it in any manner that he deems fit
for himself in future.
Chapter 04
Zakat 247
4.20.2 When is Zakat payable and can it be paid in advance

Q) When is Zakat actually due and payable.
A) Zakat is due every year on the Zakat date. Zakat of one year should
preferably be paid before the next Zakat due date. Zakat can also be paid in
advance and thereafter adjusted at the Zakat date.
4.20.3 Spreading the Zakat payment over the year

Q) I know it is best to give it to family members. We do that as well, but
would like to spread the money around as my daughters also send their money
from England to me here. Is it OK to spread the amount over the year.
I hope that you will reply at your earliest convenience as this matter is of some
urgency as I would like to pay my debts (Zakat) accumulated from last ramzaan.
A) It is permissible to spread the Zakat amount over the year and not after that.
4.20.4 Zakat Payable for previous years not yet distributed

Q) Do we have to physically separate Zakat money of previous years not yet
distributed. Can we utilize Zakat money of previous years not yet distributed
for our business purposes. Do we have to also pay in Zakat the profit earned
on such Zakat money of previous years not yet distributed.
A) It is necessary to give the unpaid Zakat of previous years without delay;
and it is a sin to delay in payment of Zakat. However, earnings from funds
whose Zakat has not been paid or segregated are not Haram. Furthermore,
there is no need to pay profit on Zakat dues of previous years.
:)271 /2( ‫ىف الدر المختار‬
‫"(وافرتاضها عمري) أي عىل الرتاخي وصححه الباقاين وغريه (وقيل فوري) أي واجب عىل الفور‬
‫ (فيأثم بتأخريها) بال عذر (وترد شهادته) ألن األمر‬.‫(وعليه الفتوى) كما يف شرح الوهبانية‬
‫ فمىت لم تجب عىل الفور‬،‫بالصرف إىل الفقري معه قرينة الفور وهي أنه لدفع حاجته وهي معجلة‬
‫ "(قوله‬:‫ وتمامه يف الفتح" وىف رد المحتار تحته‬،‫لم يحصل المقصود من اإليجاب عىل وجه التمام‬
‫فيأثم بتأخريها إلخ) ظاهره اإلثم بالتأخري ولو قل كيوم أو يومني ألنهم فسروا الفور بأول أوقات‬
‫ وقد يقال المراد أن ال يؤخر إىل العام القابل لما يف البدائع عن المنتىق بالنون إذا لم يؤد‬.‫اإلمكان‬
"‫حىت مىض حوالن فقد أساء وأثم اهـ فتأمل‬
Chapter 04
248 Zakat
4.20.5 Cheque (paying Zakat) not debited by the bank

Q) I issued three cheques for payment of our Zakat, Iftar, Sadaqa etc during
Ramadan last year i.e. around July 2011. These three cheques have been
encashed by the bank, but not charged to my account. I did provide them full
details of the cheques, amounts, name of the payees etc. Yet, they have not
been able to trace these cheques in their system and as such are not able to
debit my account with the cheque value.
In the given situation, in order for me to discharge my Zakat obligations, either
I again pay off this amount as my account has so far not been debited by the
bank. Or should I wait, but then for how long as more than 12 months have
passed since my issuance of the cheques.
Assuming I need to pay, will I pay this amount in the same category as, for
example, Zakat, Iftar, sadaqa. I seek your kind guidance on the above and
request you to pray for us.
A) If there is no hope that this amount may be debited from your account
in future, and you are sure that the amount has been sent to and received by
Darul- Uloom, then you should try to pay this amount to the bank itself in
whatever way you can.
If this is not possible, then you pay it in sadaqah or for any charitable purpose.
4.21 Paying Zakat on behalf of others
4.21.1 Paying Zakat on behalf of others

Q) I have a question about Zakat. I live in USA and just married. My wife is
living in Pakistan with my parents. I have been occasionally sending money to
Pakistan to my father for family maintenance. My question is that my father in
Pakistan calculated the total worth of jewelry of my wife and has given Zakat
on it. Is it ok if, he has given Zakat for my wife or I have to specifically send
him the Zakat money. Also please keep in mind that my father and my lifestyle
is completely joint system. If I go to Pakistan and my father has 10,000 rupees
in his pocket, it is considered mine and if my father comes to USA, he can take
whatever he wants from my account. It is 100 per cent joint family system. My
friends have told me that I have done wrong by making my father to pay Zakat
on my behalf and that I should have sent separate money for Zakat. I have
told them that it is the niyyat (intention) which counts more, not the mode of
Chapter 04
Zakat 249
currency. Also my father has paid my Zakat 100% willingly, again what the
reason forcing him to do so that his money is mine and my money is his.
So kindly reply me in light of Islamic teaching if my father had done anything
wrong (considering above mentioned points) by paying Zakat on my behalf,
so I can be careful in future.
A) If your father has paid Zakat on behalf of your wife with her permission,
the obligation of your wife’s Zakat has been discharged. It is not necessary that
you send special money to her and then she pays Zakat. However, the main
requirement is that the original obligor of Zakat must have given permission
to someone to pay Zakat on his/her behalf.
4.21.2 Zakat paid not accepted by a partner in business
Q) There was a distribution of assets between two group of brothers say "A"
and "B". The distribution was 63% for "A" and 37% for "B". The agreement
for distribution was done on 31st December 1996. Up to that date the business
was carried out by party "B". It was also agreed by both the parties that actual
payment to party "A" of its 63% share by party "B" would be made at a future
date and that no profit or loss after the agreement date of 31st December 1996
would be passed on to party "A". Party "B" paid some money from time to
time to "A" and is now settling the remaining amount completely.
However until today party "B" has been paying Zakat regularly on the total
amount in its possession i.e. paying Zakat even on the amount belonging to
party "A" but not yet given to party "A". Now at the time of final settlement
party "B" insists that it would like to deduct such Zakat paid on party "A’s"
share, which party "A" disagrees.
The Questions are:
1) What can party "B" do with such Zakat paid by it over the years on
money belonging to party "A" which party "A" is not willing to accept.
2) Can party "B" offset the Zakat paid on party "A"s share against its
own future Zakat liability i.e. can he consider this Zakat paid as his own
Zakat paid in advance.
A) 1) In the case mentioned in your question the correct position is that
according to the agreement dated 31.12.1996 "A" was deemed to have sold
his 63% share in the business to "B" but the price of the sale was deemed
Chapter 04
250 Zakat
to be recovered in installments on deferred payment basis. Consequently,

all the assets of the business including the 63% share which was formerly
owned by "A" came into the ownership of "B" and the price became a
debt payable by "B" to "A". Since "A" had not authorized "B" to pay
Zakat on his receivable debt on his behalf, he could not have paid Zakat
on behalf of "A" and if he has done so Zakat of "A" will not be deemed
to have been paid on his behalf, and now even if A rectifies the error and
allows the Zakat payable by him on his receivable amount it will not be
deemed Zakat paid on his behalf.
It is clear, therefore, that "A" is right in refusing the deduction of the
Zakat money from the amount receivable from "B". "B" is duty-bound
to pay him the full amount as agreed before. However, after receiving
this amount "A" is under obligation to pay Zakat of this total amount for
the whole period beginning from 1st of January 1997 up to the date of
receipt, if he had not paid the same before.
2) If "B" has paid Zakat with the intention that he is paying Zakat of
the amount payable by him to "A" on his behalf it cannot be treated as
Zakat nor can he offset this amount against his own future Zakat liability.
However, if he has paid the Zakat amount with the intention that he is
paying the Zakat of the assets of the business including those 63% assets
which was formerly owned by "A", then it can be treated as Zakat. The
reason is that after 31.12.1996 all these assets were owned exclusively
by "B" and it was his religious obligation to pay Zakat against all these
assets. However, he had right to deduct from his Zakatable assets the
amount he owed to A. If he had not deducted this amount and has paid
full Zakat of all these assets it means that he had paid as his own Zakat
more than it was due on him. In this case he can offset the exceeding
amount against his own future Zakat liability and it can be treated as
Zakat paid in advance. Imam Qazi Khan has allowed this kind of offset if
someone has paid his own Zakat more than it was due on him.
4.22 Other Topics
4.22.1 Taxes in an Islamic state other than Zakat & Ushr

Q) Can an Islamic State impose any tax on its subject other than Zakat and
Ushr.
Chapter 04
Zakat 251
A) There have been two views among the scholars about this question. The
first view explicitly recognizes the sanctity of private property and therefore
does not allow an Islamic state to use taxes other than Zakat and Ushr. The
second and more dominant view is based on the recognition that an Islamic
state has to perform many socio-economic functions of Amr Bil-Maaruf
wa Nahi-An-al-Munkar, and defence. Among these functions, alleviation
of poverty, economic growth, social welfare services and social justice are
important. Achievement of these goals may necessitate more revenue than
can be available from Zakat and Ushr. Therefore, an Islamic state can impose
other taxes to be able to perform its multifarious functions.
4.22.2 Tax deduction on charity paid
Q) When one gives any amount to a local charity (Zakat, Wajibut tasadduq,
general Sadaqah or Qurbani to feed the poor in another country), one is eligible
to get a tax deduction from the Revenue Services next year. This means a
benefit, either less taxes to pay or a refund if higher tax was already paid.
Since Wajibut tasadduq money is given on behalf of its unknown owner, is
it allowed in Shari'ah to get a tax deduction. To make paperwork simple, can
one take the tax deduction and give the corresponding amount away as charity
again.
A) One can benefit from the tax deduction given to him by the government
on the basis of Wajibut tasadduq amount. This is not impermissible. Although,
this amount is given on behalf of unknown owners, yet it does not mean that
the deduction in the tax amount must also be given in charity because this is
an indirect benefit that cannot be transferred to the original owner.
4.22.3 Paying non-Halal income to charity in advance

Q) For Zakat, our understanding is that one can give away small amounts
throughout the year with the intention of "next year’s Zakat" and calculate the
total amount given as Zakat at the end of Islamic Year (assuming the person
was Saheb-e-Nasab at all times). Can the same apply to Wajibut tasadduq
where one gives charity to eligible people at different times during the year
and calculate the total due at the end of year.
A) In case of Wajibut tasadduq, one cannot pay in advance in the sense that
any impermissible income expected to generate in future cannot be expiated
Chapter 04
252 Zakat
by giving equal amount in charity in advance. Similarly, if Wajibut tasadduq

amount has been separated for distribution in charity, the charity must be
given from that specific amount and it will not be right to spend in charity
some other amount and then reimburse it from the Wajibut tasadduq amount.
4.22.4 Change of intention on a past Sadaqa

Q) Someone gives away general Sadaqa (charity) throughout the year. Now
he learns that Wajibut tasadduq (necessary to dispose of in charity) was also
due on some of his impermissible income (such as previous impermissible
stock sale). Can he change his intention and count the previous general Sadaqa
for fulfilling the responsibility of Wajibut tasadduq.
A) No, a previous Nafl (optional but advisable) Sadaqah cannot be converted
into Zakat or into Wajibut tasadduq amount.
4.22.5 Cheque (paying Zakat) not debited by the bank

Q) I issued three cheques for payment of our Zakat, Iftar, Sadaqa etc during
Ramadan last year i.e. around July 2011. These three cheques have been
encashed by the bank, but not charged to my account. I did provide them full
details of the cheques, amounts, name of the payees etc. Yet, they have not
been able to trace these cheques in their system and as such are not able to
debit my account with the cheque value.
In the given situation, in order for me to discharge my Zakat obligations, either
I again pay off this amount as my account has so far not been debited by the
bank or should I wait, but then for how long as more than 12 months have
passed since my issuance of the cheques.
Assuming I need to pay, will I pay this amount in the same category as, for
example, Zakat, Iftar, sadaqa. I seek your kind guidance on the above and
request you to pray for us.
A) If there is no hope that this amount may be debited from your account
in future, and you are sure that the amount has been sent to and received by
Darul- Uloom, then you should try to pay this amount to the bank itself in
whatever way you can.
If this is not possible, then you pay it in sadaqah or for any charitable purpose.
Chapter 05
Fasting 253
CHAPTER
05
5.1
Fasting
Sighting of the moon & astronomical calculations 253
5.2 The correct position on Subh Sadiq 256
5.3 The proper time to end Sehri 257
5.4 Fasting duration and time wherever you live 258
5.5 Permissibility of Fasting during Travel 258
5.6 Qada of Missed Fast 259
5.7 Fidya for missed Fast 259
5.8 Brushing teeth while fasting 260
5. 9 Bleeding or vomiting from the throat during the fast 261
5.10 Payment of sadaqatul-fitr to a non-Muslim 261
5.11 The Fast of 15th Sha'ban 261
5.1 Sighting of the moon & astronomical calculations
Q) I am writing this letter to you with regards to the controversy surrounding

the sighting of the crescent moon over Saudi Arabia on Friday 18 December
1998 and the subsequent commencement of the month of Ramadhan in
Mosques throughout England.
My question is: Can such a sighting be acceptable in the face of astronomical
data which suggested that on Friday, 18 December 1998 the crescent was
invisible due to the sun, earth and moon lying in one plane (mahaq). The
Chapter 05
254 Fasting
data also suggested that the earliest possible sighting was on Saturday 19
December 1998.
A) Thank you for your letter asking me about the issue of sighting of moon
at the occasion of Eidul Fitr and about the acceptability of evidence despite its
being impossible according to the astronomical calculations.
In fact the contemporary scholars have different views on this point. I personally
believe that if it is certainly proved that the moon has not yet born and its
sighting is not at all possible at a particular evening, the only evidence of a
few persons should not be taken as a proof of existence of moon at the horizon
and the Ramadan or Eid should not be started on that basis alone unless there
is evidence of people in overwhelming numbers that they themselves have
seen the moon in which case it may be said that there was something wrong in
the astronomical calculation. But in the absence of such an evidence, the only
evidence of two or some more persons should not be relied upon.
This my view is based on the ruling given by a large number of jurists that if
the Horizon is clear the evidence of two persons is not enough for proving a
crescent moon unless it is established by the evidence of a great number of
people about whom it is not imaginable that they may have connived to give
a false evidence. The requirement of such an overwhelming evidence in this
case is based on the common sense that if the horizon is clear the moon must
have been seen by a large number of people and merely the evidence of two
persons is doubtful. On this analogy, if the astronomical calculation proved
that new moon cannot be sighted at a particular day the evidence of a few
people will be a probability and should not be relied upon.
However, there are some contemporary scholars who totally disregard the
astronomical calculations in the matter of sighting the moon and base their
view on the famous Hadith of the Holy Prophet ‫" ﷺ‬keep fast after seeing it
(moon) and give up fasting after seeing it (moon)". Their argument is that the
Shari'ah does not base its findings on the astronomical calculations because it
is meant for all the Muslims the majority of whom has no means to know the
results of such calculations. Therefore, they say, reliance can be placed only on
the evidence of the persons who claim to have seen the moon. This is the view
which has found favour with the Saudi authorities who are responsible for
declaring the sighting or otherwise of the moon. Although I do not endorse this
view, nor do other scholars of many Muslims countries accept it, yet the issue
Chapter 05
Fasting 255
being a matter of Ijtihad, the decision given by Saudi authorities is enforceable

in their own jurisdiction. That is why we, despite having a different view,
validate the Hajj and Ramadan etc. as announced by the Saudi authorities.
The Muslims living in other parts of the world should desirably arrange their
own system of sighting the moon, as is done in Pakistan and many other
countries, because the system adopted in Saudi Arabia is not based on the
stronger view. However, as I mentioned earlier this is not an issue which has
been specifically mentioned in the Holy Qur'an or Sunnah in express terms
but it is a matter of Ijtihad, therefore, we should not hold that any decision
taken on that basis, whether in Saudi Arabia or in any other country, is totally
against Shari'ah and the worship or celebrations held on that basis are invalid.
This is my humble opinion regarding this issue and according to me the
Muslims living in UK etc. should preferably make their own arrangement for
sighting of the moon. However, if the dissension of the Muslims cannot be
removed except by declaring the beginning of the months on the basis of the
announcement of the Saudi authorities then the adoption of Saudi view is less
harmful than inculcating the dissension among the Muslims, particularly, in a
non-Muslim country.
Q) Should the British Muslims follow Saudi Arabia in matters regarding
Ramadan and Eid. A number of Muslims are of the opinion that the crescent
moon shahada in Saudi is contrary to astronomical data. Allah states in the
Qur'an that the sun and the moon are in fixed orbits. Should then astronomical
data be not the criteria for judging shahada of the crescent moon.
A) If the sighting of the moon is not possible according to astronomical
calculation at a particular evening and some people have given evidence that
they have sighted the moon, is it permissible to accept their evidence. This
question is a matter of Ijtehad. Many classical jurists are of the opinion that
if the evidence is given by a truthful person and is evaluated according to the
Islamic principles and found correct it may be accepted. But some jurists are of
the opinion that this evidence should be rejected on the basis of astronomical
calculation. The third view is that this type of evidence should be rejected
unless it reaches the extent of Tawatur. All these opinions are of respectable
jurists and neither of them can be held as false. Therefore, if the Muslims of
a particular area adopt any one of these views with unanimity it may be acted
upon, although I am personally inclined to the third view yet being a matter
Chapter 05
256 Fasting
of Ijtehad I do not hold the decision of the Saudi authorities as nullified. On

the other hand the correct Hanafi view is that if a moon is held to be sighted
in one place and it is proved to be so at another place of whatever distance,
the sighting can be held effective at any place in the world. On this basis if
the Muslims of UK have opted to follow Saudi Arabia in the matter of moon
sighting it should not be held as totally wrong.
Actual sighting of the Moon and the start of the months
Q) We always follow the actual sighting of the moon to determine the
beginning of each of the Islamic months. With the scientific calculations in
the recent times, it seems possible to exactly know the advent of the new
moon (new month) precisely. Hence should we now move to a pre-determined
Islamic months calendar or do we still follow the method of sighting the moon
to determine the beginning of the month.
A) It is not yet possible scientifically to determine the exact time of moon
being visible. What can be assured by calculation is only the time of birth of
the moon. It is admitted by the science that when new moon is born, no one
can see it, even with the help of telescopes. How much time is required for
the moon to be visible is a point of different scientific opinions. Scientists
opinions range between 15 hours to 30 hours. The least time passed after the
birth of the moon is said to be 15 hours which was a rare case. Therefore, it is
wrong to envisage that the exact time of the visibility of the moon can exactly
be calculated.
That is why Rasūlullāh ‫ ﷺ‬has based the beginning of the month on actual
"seeing" the new moon and not on its merely being visible.
However, based on the visibility in any part of the globe, an Islamic calendar
may be prepared that may be closer to the actual sighting, but it may be used for
determining mundane activities. As for determination of the time of religious
affairs like Ramaḍān, Eid and calculation of zakāh and of the period of ‘iddah,
it will be incumbent to follow the actual sighting.1
5.2 The correct position on Subh Sadiq
Q) 1) What is the current ruling regarding the time for Subh Sadiq. Should
1. Please see: Ṣaḥīḥ al Bukhārī, ḥadīth no. 1909 and Ṣaḥīḥ Muslim, ḥadīth no. 1081, and my paper:
«Ru’yatul Hilāl"in Buḥūth fī qaḍāyā fiqhiyyah Mu’āṣirah, v. 2
Chapter 05
Fasting 257
it be based upon 18 degrees or 15 degrees.

2) If we take caution and use 18 degrees to set the time for Imsaak and
set the Fajr time at 15 degrees, then the concern is this:
a) The difference in time could be as much as 25 minutes between
the two methods.
b) By setting our Imsaak time early (at 18 degree), we could
deprive some people of their suhoor if they happen to get up little
late. And yet if the Subh Sadiq is truly at 15 degrees then they could
still eat.
A) The correct position is that the time of Subh Sadiq starts when the sun is 18
degrees below the horizon. The view of Maulana Mufti Rashid Ahmad Sahib
is not accepted by the majority of the scholars. It is true that in the beginning
my honorable father and honorable Maulana Binori Sahib were little inclined
to accept his view but after a great deal of observation and research they have
openly declared that they no more favor this point of view.
5.3 The proper time to end Sehri
Q) In my city all the masjids are following the beginning of Fajr time
according to the sun being at 15 degrees. There are a few of us who follow
the start time at 18 degrees. The problem arises during the month of Ramadan
when one is making itikaaf. The Subh-e-Saadiq time for one who is following
the 18 degree method is much earlier than for the one following the 15 degree
method which means that the former will have to finish eating before the latter
even starts. When making Itikaaf eating is usually done as a collective act with
all those making itikaaf. This will most definitely cause tension and hostility.
What is the best way to handle this situation.
A) When the sun is 18 degree below the horizon then the time of "Subh-
e-Sadiq" starts and the time of "Sehri" finishes and "Fajr" time begins. This
is the view of the majority of Muslim Jurists. And the view of 15 degree is
not approved by the majority of contemporary scholars. Therefore, the end of
"Sehri" and beginning of "Fajr" should be observed according to the 18 degree
timetable. Those who rely on the view of majority must finish eating when the
sun is 18 degree below horizon. If the other people do not agree with it, one
should make his own arrangement.
Chapter 05
258 Fasting
5.4 Fasting duration and time wherever you live
Q) Due to different duration of days and nights in various places on earth in

various months, the fasting hours range from 9 hours to 20 hours as Ramadan
moves in different months over the years. Where specially the duration of fast
is too long, is it possible for them to follow some other timings, to make it
less cumbersome or should it be just accepted as the Will of Allah Ta'ala for
different people living in different parts of the world.
A) A person not exempted from fasting is required to fast according to the
time of the place he is in. If he fears that the fast will be unbearable for him,
he should keep one fast and see whether it is bearable or not. If he finds that
an unusually lengthy fast is unbearable, he is allowed to skip the fast in such
days which are proven through experience to be unbearable for him, and keep
Qaḍā of those fasts in days in which he is able to fast.2
Definitely, a person should submit to the will of Allāh with regard to His
injunctions and realise that different people having different durations to
fulfill the same obligation is part of His infinite wisdom which is beyond our
limited understanding. However, some points are very clear: The disposition
of people adapts to their environment, and the physical capabilities of people
in places with extraordinary timings are different to others. Similarly, although
the same injunction is fulfilled by different people in different durations, it is
not necessary that the reward of the Hereafter will be the same. One aspect
on which reward is based is the difficulty or discomfort a person tolerates in
fulfilling the injunction.
Allāh ta’ālā knows best.
5.5 Permissibility of Fasting during Travel
Q) Can you please clarify the following for me:

I have to travel quite a bit during the month of Ramadhan. But most of my
travel will be by flights. Therefore I am confident of observing the fasts during
this month (even during the travel). In such situation is it permissible to keep
the fast.
2. See Shāmī, 2: 420, Bāwādirun Nawādir 237-240 and Fatwa number 8/1176 of Darul Ifta, Darul
Uloom Karachi
Chapter 05
Fasting 259
I am asking this question because one of my friends (who is not an Aalim) told
me that when Allah gives us a concession, we must make use of it or else it is
like rejecting a gift that has been given. If this is true, does this apply to my
case if I continue to observe the fast during travel.
A) The Holy Qur'an has expressly mentioned that despite the concession it
is much better to fast if someone can. However, if fasting during travel may
entail great hardship, it is not permissible to fast.
5.6 Qada of Missed Fast
Q) What would be the fidya of qaza rozay (missed fasts). She says she cannot
keep them anymore.
A) If a fast of Ramadan was missed by someone it is obligatory on him to make
Qada of that fast during his or her life time. However, if he or she has reached
such an advanced age that it is not possible for him or her to make Qada, nor
is it hoped in future that it will be possible, only then it is permissible to offer
Fidya which is the value of 1.75 kg of wheat.
Q) And the kaffarah of breaking a roza which was kept with the intention of
completing the missed roza of Ramadan.
A) If one has started a fast with the intention to make Qada missed fast and
then he has broken it no Kaffara is obligatory on him. All he is required to do
is to make Qada. However, if he has done so without a valid excuse it will be
a sinful act on his part.
5.7 Fidya for missed Fast
Q) Can very old people leave Fasting and pay Fidya instead.
A) An aged person regarding whom a dutiful Muslim doctor or such person’s
own real experience asserts that fasting will be detrimental to his/her health
and there is no reasonable hope that he/she will be able to keep fast in the
future, may leave the fast and pay Fidya. In fact, Fidya is for such situations.
However, if such aged person happens to regain ability to fast, the qaza of
missed fasts is necessary, even if their fidya has been fulfilled. (see: Fatawa
Darul Ifta Darul Uloom Karachi 82: 934)
Chapter 05
260 Fasting
)220 /1( ‫ىف أحكام القرآن للجصاص ت قمحاوي‬

‫وقراءة من قرأ [يطوقونه] يحتمل الشيخ المأيوس منه القضاء من إيجاب الفدية عليه ألن قوله‬
‫يطوقونه قد اقتىض تكليفهم حكم الصوم مع مشقة شديدة علمهي يف فعله وجعل لهم الفدية‬
‫قائمة مقام الصوم فهذه القراءة إذا كان معناها ما وصفنا فهي غري منسوخة بل هي ثابتة الحكم‬
.‫إذا كان المراد بها الشيخ المأيوس منه القضاء العاجز عن الصوم واهلل الموفق بمنه وكرمه‬
221 :1 ‫وفيه‬
‫وأما الشيخ فال يرىج له القضاء يف أيام أخر فإنما تعلق عليه حكم الفرض يف إيجاب الفدية يف‬
‫الحال فاختلفا من أجل ذلك وقد ذكرنا قول السلف يف الشيخ الكبري وإيجاب الفدية عليه يف الحال‬
‫من غري خالف أحد من نظرائهم فصار ذلك إجماعا ال يسمع خالفه‬
Q) 1) My husband fell ill last year in October and was on medication so
could not keep his fasts in Ramadan, but he did give the fidya, and before
he could become any better he passed away. Is it obligatory for me or my
children to complete those fasts on his behalf.
2) My daughter is pregnant and will not be able to fast this year, but
will pay her due fidya. Will she need to keep these fasts later on after she
stops feeding the baby.
A) 1) You or your children are not to keep fast on behalf of your husband.
The fidya he has given during his life time is enough.
2) Your daughter should not give Fidya. If a doctor firmly opines that
fasting will be injurious to her or to her baby, she may, not fast during
Ramadan but it is obligatory on her to fast whenever she is able to do so
as Qada.
5.8 Brushing teeth while fasting
Q) Is using toothbrush and toothpaste in Roza.

A) It is permissible to use a dry toothbrush during fast. Using toothpaste is
Makruh.
)199 /1( ‫ىف الفتاوى الهندية‬
‫ ومضغه بال عذر كذا يف الكزن‬،‫وكره ذوق شيء‬
Q) I have a question regarding brushing teeth while fasting. Presently I am

living in America but originally I belong to Pakistan. In Pakistan I was strictly
Chapter 05
Fasting 261
told that it’s not permissible to brush teeth while fasting. But in America I
have come across various Muslims who do brush their teeth while fasting.
One argument in favor of brushing teeth is that one does not inhale anything
and so it makes no difference. Secondly, majority of Muslims go to work
and interact with other people (most of them non-Muslims), so if they don’t
brush their teeth and they have bad breath, it will leave a real bad impression
on non-Muslims. Some of them even consider bad breath as a social crime.
Also Islam itself lays great emphasis on cleanliness, so if one brushes his teeth
while fasting is it permissible.
A) Cleaning one’s teeth with a Miswak or with a dry brush is allowed during
a fast. However, one should not use paste during the fast because it is makruh.
Nevertheless, if nothing is inhaled to the throat the fast is not broken.
5. 9 Bleeding or vomiting from the throat during the fast
Q) I am suffering from a disease in which blood often comes out of my

throat. When I fast, does this bleeding or vomiting render my fast or wudu
invalid."
A) No, if the blood has come out of your throat and you have not swallowed
it again, your fast is still valid. However, your wudu is no longer valid if
vomitting fills your mouth. You will have to perform it again, if you wish to
perform prayer after it.
The same ruling applies when one vomits during fasting. One’s wudu breaks,
but does not render his fast invalid.
5.10 Payment of sadaqatul-fitr to a non-Muslim
Q) Can the Sadaqatul-fitr be paid to a needy non-Muslim.

A) According to Imam Abu Hanifah, the Sadaqatul-fitr can be paid to a
needy non-Muslim resident in an Islamic country if he does not own the nisab
(a surplus amount equivalent to the value of 52.5 tolas of silver).
5.11 The Fast of 15th Sha'ban
Q) I have read the Sha'ban issue of your magazine AL-BALAGH. Certain

questions are bothering me with regard to fasting on the 15th of Sha'ban.
Chapter 05
262 Fasting
I would like to explain the reason for this question. Several months ago a
friend explained to me that there is no special significance of the fast of the
15th of Sha'ban. However, he says this Hadith is absolutely weak to such
an extent that one of its narrators was a person who was regarded by some
scholars of Hadith as a fabricator of Hadith and a liar. Hence, he says that,
until another reliable Hadith can be found the fast of the 15th of Sha'ban has
no special virtue. He also explained to me the following points:
- He has not come across any of the Fuqaha having even mentioned fasting
specifically on the 15th of Sha'ban; whereas they have mentioned the fasts of
‘Aashura and the six fasts of shawwal etc.
- While it has been narrated in many authentic Ahadith that Rasulullah
‫ ﷺ‬fasted for most of the month of Sha'ban, this cannot be used to prove any
special significance for the specific fast of the 15th of Sha'ban. He told me
that those Ahadith must be explained as they are i.e. for the entire month of
Sha'ban - not the 15th of the month.
- The Hadith regarding visiting the graveyard on the 15th of Sha'ban is
much more authentic and reliable compared to the Hadith regarding fasting
on the 15th of Sha'ban. However, despite this the Ulema have prohibited the
people from making it a habit. Therefore, since a very great number of people
observe only the fast of the 15th of Sha'ban and regard it as a Sunnah, whereas
the Hadith in this regard is absolutely and totally weak, the Ulema should stop
the people from this also.
- When I suggested that what harm can there be if people observed this fast
even if in reality it is not Sunnah or even Nafl, he stated: This is the way many
Bidat have started (though this practice is not a Bid’ah). Furthermore this is a
matter of "Aqeedah" and to regard something as Sunnah which in reality is not
Sunnah is a very dangerous and grave matter. Hence it is necessary that either
the act be proved Sunnah or else the people should be stopped from this since,
if they practice it they would do so regarding it as a Sunnah.
Hence I now wish to pose my questions.
1) He has stated that this Hadith is "totally and absolutely weak"
whereas Mufti Sahib has stated that "the scholars of Hadith have some
doubts regarding the authenticity of this Hadith." Has he exaggerated in
this claim of "totally and absolutely weak".
Chapter 05
Fasting 263
2) Is it true that one of the narrators was regarded as a fabricator and

liar.
3) Are his arguments in (1), (2), (3) and (4) above correct.
4) On page 14 Mufti Sahib has written; "Although the scholars of
Hadith have some doubts about the authenticity of this report, yet it is
mentioned earlier that the fasts of the first half of Sha'ban have special
merits...." I have not found any narration in the article which explains the
special merits of fasting in the first half of Sha'ban.
5) Mufti Sahib also stated the practice of the Salaf (elders). Who is
meant by "elders".
6) If it is accepted that one of the narrators was accused of being a
fabricator and a liar did the "Salaf’ regard this Hadith as authentic "as is"
i.e. despite the condition of this narrator.
7) Mufti Sahib has stated; "therefore, it is advisable to fast on the 15th
of Sha^’ban as an optional (nafl) fast" Most people regard this fast as
"Sunnah" and not nafl. Is it incorrect to regard this fast as Sunnah.
8) Is this nafl fast equal to keeping a nafl fast on any other day for
example, the 1st of January; whichever Islamic date that may fall on
(excepting Ramadan, the l0th of Muharram, etc).
A) I am grateful to you for your question which provided me with an
opportunity to revise my article and to study the subject in more detail.
In fact, the fast of the 15th of Sha'ban is based on a tradition reported by
Sayiddna ‘Ali ‫ﭬ‬. Its text runs as follows:
‫ فقوموا ليلها وصوموا نهارها‬،‫إذا كانت ليلة النصف من شعبان‬
When the Middle Night of Sha'ban arrives, you should stand (praying) in the night
and should fast in the day following it.
This Hadith is recorded by Ibn Majah in his sunan, one of the famous six
books of Hadith, and also by Baihaqi in his famous book Shu’ab-al-’iman’.
Both of them have reported it without any comment about its authenticity. But
after a critical analysis of its chain of narrators it is found that this tradition
is mainly based on the report of Abu Bakr ibn Abi Saburah whose narrations
cannot be relied upon. That is why the scholars of Hadith have declared it as
a weak (da’if) tradition.
Chapter 05
264 Fasting
However, the allegation that the narrator of this Hadith i.e. Abu Bakr ibn Abi
Saburah, is a fabricator who used to coin forged traditions does not seem
correct. In fact, he was mufti of Madinah, a well-known jurist and he was
appointed as a qadi (judge) of Iraq in the days of Mansur and was succeeded
in this office by Imam Abu Yousuf. He was a colleague of Imam Malik. Once
Mansur, the ‘Abbasi Caliph, asked Imam Malik about the scholars of Hadith
in Madinah. Imam Malik referred to three names, and one of them was that
of Ibn Abi Saburah. Had he been a fabricator, Imam Malik would have never
referred to his name in this context.
But despite his high position among the jurists, his memory was not of the
standard required for the authenticity of a tradition. That is why most of the
critics of Hadith like Imam Bukhari etc. have held him as weak, but did not
declare him a fabricator. Only Imam Ahmad is reported to have remarked
about him that he fabricates Hadith. But this remark alone is not sufficient to
hold him as a fabricator, for two reasons: Firstly Imam Ahmad was born long
after him, and his contemporary scholars never held him as such, secondly the
Arabic words used by Imam Ahmad are sometimes used for confusing one
tradition with another, and not for deliberate fabrication.
This is the reason why the majority of the scholars of Hadith have held Abu
Bakr ibn Abi Saburah as a weak reporter of Hadith, but they did not declare
him as a forger or a fabricator.
Now, coming to his tradition about the fast of the 15th Sha'ban it is held by
the scholars to be weak but I have not come across an authentic scholar who
has treated it as a fabricated (Mawdu’) Hadith. There are a number of books
indicating the fabricated Ahadith, but this tradition is not included in these
books as fabricated.
It is well-known that Ibn Majah consists of about twenty Ahadith held to be
fabricated. The list of these fabricated Ahadith is available, but the tradition in
question is not included therein.
Therefore, the correct position is that this Hadith is not fabricated. However,
being reported by a weak narrator, it cannot be relied upon in the matter of the
injunctions of Shari'ah. Thus, the fast of the 15th of Sha'ban cannot be termed
as Sunnah or mustahabb in the strict sense of the term.
Nevertheless, it may be advisable to fast in the 15th of Sha'ban without taking
it as Sunnah for several reasons:
Chapter 05
Fasting 265
Firstly it is fully established through a large number of Ahadith that the Holy
Prophet ‫ ﷺ‬has emphasized on the merits of fasting in Sha'ban, and particularly
in the first half of the month. The 15th day of Sha'ban, being the last day of the
first half, is included in the preferable days for fasting.
Secondly, the merits of the 15th night of Sha'ban are established by more
than a dozen Ahadith. It means that this night should be spent in prayers and
other forms of worship. On the other hand, all the blessed nights which the
Muslims are advised to spend in worship are generally followed by fasting on
the coming days like in the laylatul-Qadr, where fasting on the following day
is obligatory, or like the first night of Zulhijjah where fasting on the following
days is optional, rather advisable. On this analogy, too, the 15th night of
Sha'ban may be followed by an optional fasting on the following day.3
Thirdly, the tradition relating to the merits of fasting on 15th of Sha'ban is, no
doubt, a weak tradition, not competent to prove this practice to be a Sunnah
or a formal mustahabb, but it can be acted upon as a measure of precaution,
provided that the practice is not taken as Sunnah or a formal mustahabb.
It is for these reasons that some ‘Ulama and elders have been fasting on the
15th of Sha'ban and have been taking it an advisable practice.
It is in this context that I had mentioned this fast as advisable in my previous
article. But when I revised the article after receiving your question, I now
feel that the relevant paragraph may create misunderstanding and it needs
clarification. I now amend it in accordance with what is stated above in this
article.
Again, I am thankful to you for your letter which enabled me to revise and
correct my previous article. May Allah give you the best reward for it.
3 The nights of two Eids are an exception, because their following days are the ones in which fasting
is totally prohibited but these nights are preceded with by a number of fasts, either obligatory, like in
Ramadan, or optional like in Zulhijjah.
Chapter 06
Hajj & Umrah 267
CHAPTER
06
6.1
Hajj & Umrah
Summary of Five (5) Days of Hajj 268
6.2 Manasik (rituals) of Hajj 270
6.2.1 Combining Zuhr and Asr in Arafat 270
6.2.2 Jamraat (stoning) in Hajj 270
6.2.3 Wuqoof of Muzdalifah is necessary for a mature & able male 271
6.2.4 Tawaf-e-Ziarat & Sa’ee together 271
6.2.5 Tawaf-e-Ziarat & sequence - tarteeb 272
6.2.6 Tawaf and Sa’ee on Wheelchair 272
6.2.7 Shaving the head after Hajj or Umrah 273
6.2.8 Qasr prayers in Hajj journey 273
6.3 Restrictions of Ihram & Dam for non-compliance 274
6.3.1 Niqaab during Ihram 274
6.3.2 Wearing under-garments in Ihram and urine drops 274
6.3.3 Wearing slippers 275
6.4 Is obligation of Farz Hajj discharged 276
6.4.1 Adult children performing Hajj with father 276
6.4.2 Minor child performing Hajj 276
6.4.3 Wife performing Hajj on husband’s expenses 276
6.4.4 Women with no Mehram 276
6.5 Performing Hajj or Umrah on behalf of others 277
6.5.1 Hajj-e- Badal – Who can do it 277
6.5.2 Umrah on someone’s behalf 277
6.6 Performing Hajj and source of money 278
Chapter 06
268 Hajj & Umrah
6.6.1 Hajj with Halal source of money 278

6.6.2 Hajj with a gift from a client 278
6.6.3 Hajj on Government expenses 279
6.7.1 Obligation of Hajj after Umrah or visiting Makkah 279
6.7.2 Meaning of Hajj-e-Akbar 279
6.7.2 Performing more than one Hajj 280
6.7.4 Performing forty (40) prayers in Madinah 280
6.1 Summary of Five (5) Days of Hajj
Performance of Hajj is 5 days only

i.e. 8th, 9th, 10th, 11th and 12th of Zilhijjah
8th Zilhijjah (To Mina)
On 8th Zilhijjah morning a Haji goes to Mina and spends the whole day there.
He completes 5 namaz there starting from Zuhr of 8th Zilhijjah to Fajr of 9th
Zilhijjah.
9th Zilhijjah (To Arafat – Hajj Day – Night in Muzdalifa)
On 9th Zilhijjah a Haji goes in the morning to Arafat and remains in Arafat until
sunset. This is the Hajj Day. Here he makes ‘Wuqoof’ after Zuhr. ‘Wuqoof’
means to make dhikr and du’a, preferably standing.
After sunset a Haji goes to Muzdalifa and there he offers Maghrib and Isha
prayers together. He spends the night in Muzdalifa. In this night he picks up
49 stones for stoning the Jamarat in the next three days.
10th Zilhijjah (To Mina – Eid Day)
In the morning of 10th Zilhijjah after Fajr he makes wuqoof and before sunset he
leaves Muzdalifa for Mina. This is the Eid day. In Mina he does the following
Chapter 06
Hajj & Umrah 269
three things (hair cut should be the last):

1) Rami i.e. stoning of the Jamarat (only the big Jamarat – seven stones).
2) Qurbani either by oneself or through an agent. But the people who
have the Ihram of ifrad do not need to make Qurbani.
3) After performing the Qurbani a Haji cuts his hair.
Now the Ihram and its restrictions (except conjugal relations which would be
allowed only after performance of Tawaf-e-Ziarat) are over and the Haji can
change into his ordinary clothes and can wear perfume.
11th Zilhijjah (Stay in Mina)
On 11th Zilhijjah, a Haji stays in Mina and does Rami i.e. stoning of the Jamarat
(all the three Jamarat starting with the small one – seven stones each) after
zawal (around noon) to sunset (women and weak can perform Rami even
during the night).
12th Zilhijjah (In Mina – Completion of Hajj)
On 12th Zilhijjah, a Haji does Rami i.e. stoning of the Jamarat (all the three
Jamarat starting with the small one – seven stones each) after Zawal (around
noon). Upon finishing this on 12th Zilhijjah, the performance of Hajj is complete
and the Haji can go home after performing Tawaf-e-Wida.
Tawaf-e-Ziarat & Tawaf-e-Wida
Anytime between 10th Zilhijjah to 12th Zilhijjah, a Haji has to do a Tawaf-e-
Ziarat (i.e. visit Khana-e-Kaaba and perform Tawaf). If he has not performed
the Sa’ee of Hajj before, he should also make Sa’ee after Tawaf-e-Ziarat.
If the Haji is to go back immediately after the Hajj and would not be staying in
Makkah, he has to do Tawaf-e-Wida (farewell Tawaf - without Sa’ee) as well,
otherwise he should perform Tawaf-e-Wida before leaving Makkah.
Note: What is mentioned above is the proper way to perform Hajj according
to Sunnah. If any of the above procedure could not be adopted, please refer to
your scholar.
Useful information
The restrictions of Ihram start after the recitation of Talbiyya (not upon
wearing Ihram). One can wear Ihram and do Niyat but delay the recitation of
Chapter 06
270 Hajj & Umrah
Talbiyya until Mikat.

During Hajj, a Haji can change into another Ihram. He does not necessarily
have to wear the same Ihram during the whole Hajj.
Umrah is not part of Hajj.
Map of 5 Days Journey of Hajj
9th Zilhijjah
START 9 km
HARAM - MAKKAH
8th Zilhijjah
AT MASJID UL
4 km
ARAFAT
MUZDALIFA
MINA
12th Zilhijjah 10th Zilhijjah 9th Zilhijjah
END 3 km 6 km
Map is only indicative of places and distances. It is not to scale and does not
reflect the actual location of places from each other.
6.2 Manasik (rituals) of Hajj
6.2.1 Combining Zuhr and Asr in Arafat

Q) In Arafat do they combine Zuhr and Asr together even if they are praying
in their tent and not in Masjid-Nimra. If yes, the combination of prayer would
be done at the time of Zuhr or Asr. If they do combine Zuhr and Asr at the time
of Zuhr would they be able to pray any nafl namaz after that.
A) According to Imam Abu Hanifah combining the Zuhr and Asr prayers
in Arafat is applicable only when a person prays behind the Ameer of Hajj
in the prayer of Masjid Namirah. If someone is praying in his own tent or in
someone else’s tent, though with Jamaat, he will perform both prayers at their
normal times.
6.2.2 Jamraat (stoning) in Hajj
Q) I have been advised that due to the large crowds at the Jamraat in Hajj, I
Chapter 06
Hajj & Umrah 271
should keep away and let my husband do the stoning on my behalf. I would
like to attempt to do it myself as much as possible.
1) Could I do the stoning of the Jamraat on the 10th of Zilhijjah and
then if needed let my husband do it the next day or the next 2 days. The
reason I ask this is because I am told that either I should do all the stoning
myself or let my husband do it all as it is not appropriate to split this, to
be done by myself and my husband.
2) What is the procedure / niyah to make, when one is stoning on behalf
of someone else.
A) As long as you are physically fit for stoning the Jamraat yourself you are
not allowed to make your husband your representative for this purpose. If you
fear a large crowd at the Jamraat you can delay the stoning till evening and can
do so even in the night. But it is not permissible to let your husband do it on
your behalf. This is allowed only in a case when you are not physically fit to
go to Jamraat in which case you can make any one your representative to do
so on your behalf either for one or more days.
6.2.3 Wuqoof of Muzdalifah is necessary for a mature & able male
Q) it is mentioned in the books of Fiqh and Hadith that the weak, feeble and
children are permitted to leave form Muzdalifah at night and are not required
to stay until the morning. If these weak people are sent to Mina in the company
of an able man, is it necessary for this man to return to Muzdalifah after taking
the women and children and weak to Mina.
A) It is necessary for a mature and able male to do the ‘Wuqoof’ of
‘Muzdalifah’ and thus he is obliged to return to Muzdalifah after accompanying
the weak and feeble to Mina. If this in not possible then it is necessary for him
to give a Dam.
6.2.4 Tawaf-e-Ziarat & Sa’ee together

Q) With respect to Tawaf-e-Ziarat which includes Sa’ee as well, can they
perform the Tawaf and Sa’ee separately at separate timings or do they have to
do it in one go.
A) It is a Sunnah to perform Sa’ee of Hajj immediately after Tawaf-e-
Ziarat. However, a little gap for having some rest or doing some needful act is
Chapter 06
272 Hajj & Umrah
permissible but delaying Sa’ee after Tawaf-e-Ziarat without any valid reason
is Makruh. Therefore, it should be performed as soon as possible after Tawaf-
e-Ziarat. However, if someone delayed it for a long time no compensation
(dam) is obligatory on him although it is Makruh.
6.2.5 Tawaf-e-Ziarat & sequence - tarteeb
Q) I refer to article in the Zulqadah\December 2006 Urdu Albalagh "Hajj ki

Aasaaniya" by Respected Brother Mahmood Ashraf Uthmani which I have
found interesting.
May I refer to page 55 sub-heading "Libaas ke Sahoolat": "Agar kiesie shaksh
ne abhie tak Hajj kay zaroorie waajibaat me se koi Wajib mathlan Qurbani aur
halq abhie tak nahie kieye tau bhie woh haalate ihraam hie me yeh Tawaf-e-
Ziarat kar sakta he."
Does this mean that even before performing Halq or Qurbani, the Haji can
perform the Tawaf-e-Ziarat.
Are we not supposed to follow the Wajib Tarteeb of:
1) Pelting the big Jamraat
2) Dam-e Shukr (Qurbani)
3) Halq
A) Yes, Tawaf-e-Ziarat may be performed before Halq or Qurbani or even

before pelting the big Jamraat. However, in this situation it should be performed
in Ihram.
The Wajib tarteeb is only for pelting the Jamraat, Qurbani and Halq. To
perform Tawaf-e-Ziarat after halq is Sunnah and not Wajib.
6.2.6 Tawaf and Sa’ee on Wheelchair
Q) I performed Hajj along with my mother and wife this year. My mother is
around 65 years old and is a heart patient. She takes medicines regularly.
My mother performed Tawaf and Sa’ee of Umrah (before Hajj) on foot. My
mother complained about not feeling well few days before Hajj (maybe due
to over-exertion). Her heartbeat increased and she was feeling pain in her left
leg. We referred to the doctor who said that problem could be due to too much
Chapter 06
Hajj & Umrah 273
walking/exercise etc. Doctor advised to use wheelchair for my mother.

Accordingly, I purchased a wheelchair for mother and made use of it wherever
was possible. So, while performing the Tawaf-e-Ziarat and Hajj Sa’ee, my
mother used wheelchair due to fear of health problems.
After performing Hajj, my mother was feeling a bit better and people’s crowd
was also reduced, so my mother performed Tawaf-e-Wida on foot.
Please advise whether performing Tawaf-e-Ziarat and Hajj Sa’ee on wheelchair
was right or we would have to pay some Sadaqah or Dam etc.
A) It was permissible for your mother to perform Tawaaf and Sa’ee on a
wheelchair due to her medical condition. There is no Sadqah or Dam that
needs to be paid.
6.2.7 Shaving the head after Hajj or Umrah

Q) Is it obligatory to shave all the hair of the head after performing Hajj
or Umrah, or a part of the hair can be cut. Please guide us with the detailed
information according to Fiqh-e-Hanafi.
A) It is not obligatory to shave one’s head or to cut all his hair at the conclusion
of ihram in Umrah or Hajj. One can also cut his hair instead of shaving it. The
minimum requirement for coming out of ihram, according to fiqh-e-Hanafi, is
to cut one’s hair at least to the measure of a fingertip from all sides of one’s
hair. If one has cut his hair to this extent, he can come out of ihram. However,
if one’s hair are too short, and he cannot cut them to the measure of a fingertip,
he will have to shave his head without which he cannot come out of ihram.
It should, however, be remembered that shaving the head is more preferable
and carries more thawab. It is reported by a number of authorities that the
Holy Prophet ‫ ﷺ‬has prayed to Allah thrice for bestowing his mercy on those
who shave their heads after performing Hajj, while he prayed only once for
those who cut their hair.
6.2.8 Qasr prayers in Hajj journey

Q) My friends are going for 10 days for Hajj. Will they perform Qasr prayers
all through their trip except when in Jamaat and the Imam is a Muqeem who
prays full namaz.
Chapter 06
274 Hajj & Umrah
A) Since the whole trip of your friend does not exceed 10 days they will
perform Qasr prayers. However, if they are performing the Salat behind a
Muqeein Imam they will perform full prayer with him.
6.3 Restrictions of Ihram & Dam for non-compliance

6.3.1 Niqaab during Ihram
Q) Is a female permitted to wear a normal niqab during Ihraam. If she wears
it whilst there are men in her presence and removes it when the men move
away but has the intention of wearing it again when non-Mahram men are
present, then how many Dam does this woman have to give.
A) It is not permissible for a woman in ‘Ihraam’ to wear a ‘niqaab’ that comes
into direct contact with her face under the normal circumstances.
The ruling with regard to the number of ‘Dams’ depends on the intention of
the woman covering her face during her Ihraam.
If her intention from the outset was to continue to cover her face during the
entire duration of the Ihraam and just temporarily uncover her face when not
in the presence of other males, then this is regarded as one prolonged covering
of the face and the temporary uncovering of her face is ignored. The ruling of
such a situation is that if the duration of such covering of the face (including
the temporary uncovering) equals or exceeds twelve hours, one Dam with be
necessary.
However, if her intention from the outset is not to cover her face with clothing
that comes into direct contact with her face, but she temporarily covers her
face with such clothing in the presence of males, then this is regarded as
separate coverings. In such a situation, because each covering is regarded
independently and neither equals nor exceeds the duration of twelve hours,
just one ‘sadaqah’ for each covering is necessary.
6.3.2 Wearing under-garments in Ihram and urine drops
Q) I am planning, InshaAllah, to take my father for Umrah. My father is
quite old (mashaAllah 84) and has problem of Hernia. Due to this and weak
muscles, he has to frequently visit the toilet for urinating. This means for the
duration of Umrah he would have to go in between the Umrah to the toilet.
However, if he wears underwear then it helps, and he can control his urine
Chapter 06
Hajj & Umrah 275
better and maybe can perform Umrah better and without interruption.
In such a situation is it permissible if he wears underwear in Ihram. If yes,
does he have to give any ‘Dam’ and is the Dam to be given in Saudi or can be
given outside.
Also, he has a problem of urine drops after coming out of washroom for some
time (like an hour or so). What to do with this urine drops as they might make
my Ihram bad.
A) The principle of the state of Ihram is that wearing any garment which is
sewn on the shape of a limb or any other part of the body is not permissible.
The underwear being sewn on the shape of the body is not among the garments
allowed in Ihram.
However, the unsewn cloth wrapped around the relevant part of the body like
langot can be used if it serves the purpose. In this case no kaffarah will be
obligated. But if this type of cloth cannot serve the purpose and your father has
to wear a sewn underwear in that case if the underwear is worn for 12 hours
or more (beginning from the first recitation of Talbia upto the shaving of the
head after performing the Umrah) then a damm (i.e. a goat) shall have to be
sacrificed in the precinct of Haram but if it is worn for less than 12 hours a
Sadaqah in the amount of Sadaqatul Fitr will be enough.
As for the urine drop, if it reaches the Ihram cloth, you will have to wash that
part of the Ihram and make a fresh wudu.
6.3.3 Wearing slippers
Q) With respect to slippers do they have to wear "do patti" chappal which
they call here hawai chappal or can they wear slippers with one or two cross
straps and one at the back of heel but the whole foot still shows except for the
place with straps.
A) The essential requirement with regard to footwear in Ihram is that the

upper side of the foot from the conspicuous bone in the center upto to the
ankles must be uncovered. If this requirement is fulfilled, then it is permissible
that the fingers are fully covered. Keeping this principle in view any footwear
can be used.
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276 Hajj & Umrah
6.4 Is obligation of Farz Hajj discharged
6.4.1 Adult children performing Hajj with father

Q) One of my friends is taking his two children, daughter 16 years and son
19 years, to perform Hajj, inshallah. Both the children are students, and the
father would be bearing all expenses etc. My friend wishes to ask the following
question in this respect:
Would this Hajj performed by both the children be sufficient against their Farz
obligation of performing Hajj once in lifetime i.e. they would not be obliged to
perform Hajj again when they become financially capable on their own.
A) HAJJ to be performed by the adult children with their father will be
enough for discharging the obligation of Farz Hajj once in a life time, provided
they do not have the intention (niyat) of a Nafli Hajj during this Hajj.
6.4.2 Minor child performing Hajj

Q) If a child (who is not an adult according to Shari'ah) performs Hajj, does
he have to perform Hajj again after attaining adulthood.
A) Yes, such a child has to perform Hajj after attaining adulthood (15 years)
only if it is obligatory (farz) upon him after attaining adulthood.
6.4.3 Wife performing Hajj on husband’s expenses

Q) If the wife of a person performs Hajj at the expense of her husband and
then later, she herself gets an amount sufficient to cover the expenses of Hajj,
would she have to perform Hajj again.
A) No. Her Hajj is performed as she has performed it after attaining adulthood.
It is of no consequence as to who paid her Hajj expenses.
6.4.4 Women with no Mehram

Q) Whether a woman’s Hajj or Umrah is permitted without accompanying
permissible man-relative when that woman has no such man relative available.
What is the remedy for such a woman to perform Hajj or Umrah.
A) It is not permissible for a woman, when she has to travel 48 miles or more,
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Hajj & Umrah 277
to perform Hajj or Umrah without an accompanying permissible mahram. In

such a case, when Hajj has also become compulsory on her and she fails to
perform it in her lifetime, it is necessary for her to appoint someone to perform
Hajj on her behalf after she dies.
6.5 Performing Hajj or Umrah on behalf of others
6.5.1 Hajj-e- Badal – Who can do it

Q) One of the friends in the group is doing his second Hajj. He wishes to
do this Hajj as Hajj badal for his late father for sawab. Can he do that in his
niyat for Hajj. Will he also get the sawab of Hajj for himself as well. The other
friend is doing the Hajj for the first time. Can he also have the niyat to do Hajj
badal for his late father.
A) The one who is performing Hajj for the first time cannot make Niyat of
Hajj badal. He must perform Hajj for himself whereby his obligation of Farz
Hajj will be discharged. However, the one who has performed his own Farz
Hajj can make Niyat of Hajj Badal for his deceased father for the purpose of
Sawab. In this case he will also get the sawab of Hajj. However, if the Hajj
was Farz on his late father and he is performing his first Hajj as Hajj Badal
then the Sawab of Hajj will be for his late father and he may be rewarded for
doing this good act for his father.
6.5.2 Umrah on someone’s behalf
Q) If I go for Umrah from here, (i.e. from Dammam), am I required to first
offer Umra on my own behalf and then perform another Umrah on behalf
of someone else, by going back to Meekat and wearing lhram. Or is it not
necessary that when I enter the Hudood-e-Haram I should first perform Umra
on my own behalf.
A) This question is based on either of the two misconceptions generally
found in the minds of the people who are not familiar with the Islamic precepts
about Umrah.
The first misconception is that everybody who wants to perform Umrah is
duty bound to perform another Umrah on behalf of some other person, and
the second misconception is that whoever wants to perform Umrah on behalf
of someone else is duty bound to perform another Umrah on his own behalf.
Both propositions are misconceived and incorrect.
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278 Hajj & Umrah
In fact, if a person wants to perform Umrah on his own behalf, he is not under
an obligation to perform another Umrah for any other person. Similarly, if he
wants to perform Umrah on behalf of some other person he is not required
necessarily to perform another Umrah on his own behalf, neither before nor
after the Umrah he performs for another person.
6.6 Performing Hajj and source of money
6.6.1 Hajj with Halal source of money

Q) I live in US and my parents live in Karachi. My father is a retired banker.
He got some money from the bank at the time of his retirement. From that he
gave me some for my studies in US. I paid my tuition and some other expenses
with that money and the remaining amount is in my US bank account now
(let’s say the amount as ‘A’). I am also working here and earning a handful
amount of money Alhamdulillah. (let’s say this amount as ‘B’).
My father already knows that the job of bank is Haram. He wants to do Hajj
next year with his family (we are 4 of us in family). He is asking me to save
all the money which I earn from my job in US i.e. the amount ‘B’ for the
Hajj and do the monthly expenditure with the money he gave me i.e. the
amount ‘A’ so that they can do the Hajj from the Halal money, instead of the
‘Mushtabh’ money. Please tell me can I use that ‘mushtabe’ money for my
monthly expenditures and save my Halal money for Hajj.
A) You should not use (A) money for your expenditure instead you should
use (B) money for that purpose.
As for Hajj, if your father does not have as much Halal money as maybe
required to perform Hajj, Hajj is not obligatory on him and if he has that
amount he should perform Hajj through that money but it is obligatory on you
to spend Halal money for your day to day expenditure.
6.6.2 Hajj with a gift from a client

Q) A well to do client who sometimes engages in transactions of complicated
nature offers to send me for Hajj this year. For my part, I feel reluctant to accept
the proposal. I do not accept gifts from clients except for diaries, calendars
and the like where the name etc. of the party is printed and which I feel are
intended as advertisement. I do not know how correct this is. Please advise
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Hajj & Umrah 279
whether to accept this person’s offer or reject it.

A) You did well by not accepting gifts from clients. This is the most
precautious way and you should continue with it. So far as the offer made
by some of them to send you for Hajj you should analyze the offer on your
own. If you feel that the offer may cause some embarrassment to you vis-a-
vis the client or your employer, whereby you will be compelled to give some
concessions to the client then you should not accept this offer. If there is no
such apprehension, it is allowed in Shari'ah to accept this offer but you should
decide according to your personal expedience.
6.6.3 Hajj on Government expenses

Q) Is it allowed Hajj at the expense of Govt. of Pakistan or Govt. of other
countries.
A) It is also permissible to go for Hajj at the expense of the government,
provided that it is within legal right.
6.7 Other topics
6.7.1 Obligation of Hajj after Umrah or visiting Makkah

Q) It is commonly heard that if one performs Umrah once, then performing
Hajj becomes mandatory (Wajib) for him. Please clarify this point.
A) This is not correct. Merely performing Umrah does not make Hajj
mandatory. But if a person who did not perform Hajj before he reaches Makkah
for any reason in the month of Shawwal or anytime thereafter before the 10th
of Zulhijjah and he has resources to stay there up to the days of Hajj, only in
that case it becomes obligatory on him to perform Hajj either that very year or
in any subsequent year.
6.7.2 Meaning of Hajj-e-Akbar

Q) What is the term "Hajj-e-Akbar". It is generally presumed that the Hajj
performed on Friday is called "Hajj-e-Akbar" and it is a superior kind of Hajj
as compared with the Hajj performed on other days of the week. What is the
correct position in Shari'ah.
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280 Hajj & Umrah
A) The term used in the Holy Qur'an is "al-Hajj-al-akbar". But it does not
mean a Hajj performed on Friday, as generally alleged by ignorant people. The
Holy Qur'an has used this term for the Hajj performed by the Muslims under
the supervision of Sayyidna Abu Bakr Siddiq ‫ ﭬ‬in the year 9 A.H. i.e. one
year earlier to the last Hajj of the Holy Prophet ‫ﷺ‬, and this Hajj (the Hajj of
9 A.H.) was not performed on Friday. Still, the Holy Qur'an has called it "al-
Hajj-al-akbar". It is clear from this that this term has no reference to Friday.
The correct meaning of the term, as explained by a large number of the
commentators of the Holy Qur'an is that the Umrah, which can be performed
at any time throughout the year, was generally called "al-Hajj-Asghar" (the
minor Hajj). In order to distinguish Hajj from Umrah the former was named
"al-Hajj-al-akbar" (the greater Hajj). Therefore, each and every Hajj is al-
Hajj-al-akbar, no matter whether it is performed on Friday or on any other
day. The word "akbar" (greater) is used only to distinguish it from Umrah
which is a minor Hajj.
6.7.2 Performing more than one Hajj

Q) Many people go to Hajj and Umra every year (frequently), is it necessary
to do more than one Hajj. If someone is rich person, can he send other poor
people to perform Hajj instead of the rich man going every year.
A) It is not necessary to perform more than one Hajj. After performing the
Fard Hajj, it is permissible to send other poor people instead of going oneself
every year.
6.7.4 Performing forty (40) prayers in Madinah

Q) Is it mandatory, according to Shari'ah, to complete 40 prayers in Masjid-
e-Nabawi when one visits Madinah Munawwarah.
A) No, it is not mandatory. Even the visit of Madinah Munawwarah is not
mandatory, nor is it a part of Hajj. However, the visit of Madinah is very
desirable, its visitor deserves much reward in the Hereafter and the person
who can afford this visit should not make himself devoid of this reward, yet it
is not obligatory as the Hajj itself.
When the visit of Madinah itself is not mandatory how can it be said that
performing 40 prayers is mandatory.
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Hajj & Umrah 281
However, if somebody can stay in Madinah Munawwarah for at least one

week, it is much advisable for him to complete 40 prayers in Masjid-e-Nabawi,
because the noble companion Anas ibn Malik ‫ ﭬ‬reports the Holy Prophet ‫ﷺ‬
to have said,
‫ رجاله ثقات‬4:8 ‫ الهيثمي يف مجمع الزوائد‬3:5 ‫أخرجه أحمد‬

Whoever performs forty prayers in this my masjid, destined for him is the freedom
from Fire and redemption from the punishment, and he becomes immune from
hypocrisy.
This saying of the Holy Prophet ‫ ﷺ‬which is held by the scholars of Hadith
to be authentic, mentions the excellent reward one can enjoy by offering 40
prayers in the Masjid of the Holy Prophet ‫ﷺ‬. Therefore, every Muslim who
finds an opportunity to stay in Madinah for one week, he should not miss this
remarkable gain. But, by no means can it be said that it is mandatory for every
visitor to Madinah.
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Zikr (Remembrance Of Allah) & Reciting The Holy Quran 283
CHAPTER
07
Zikr (Remembrance Of
Allah) & Reciting The
Holy Qur'an
7.1 Zikr - Remembrance of Allah 284
7.1.1 Zikr of Allah & the best Zikr 284
7.1.2 Purpose of Zikr 285
7.1.3 Particular method of Zikr for concentration 285
7.1.4 Arrogance of doing good deeds 286
7.2 Reciting the Holy Qur'an 286
7.2.1 What to say before reciting the Holy Qur'an 286
7.2.2 Reciting the the Holy Qur'an in Arabic 287
7.2.3 Reciting the Holy Qur'an with movement of tongue and lips 289
7.2.4 Reading the Holy Qur'an together as a group 289
7.2.5 Sitting behind someone whilst reciting the Holy Qur'an 290
7.2.6 Listening to the Holy Qur'an recitation attentively 290
7.2.7 Listening to the Holy Qur'an on a tape recorder 290
7.2.8 Memorizing the Holy Qur'an 291
7.2.9 Translation of the Holy Qur'an without Arabic text 292
7.3.1 Expecting Sawab (Reward) 293
7.3.2 Reading the book Fazail-e-Aamal 293
7.3.3 Tablighee Jamaat 293
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284 Zikr (Remembrance Of Allah) & Reciting The Holy Quran
7.1 Zikr - Remembrance of Allah
7.1.1 Zikr of Allah & the best Zikr

Q) What is meant by Zikr of Allah, how we should do Zikr of Allah and how
frequently. What is the best Zikr of Allah that one should do.
A) The Zikr of Allah means remembrance of Allah ‫ ﷻ‬which includes all
kind of acts of obedience1 (‫ )طاعات‬such as Salah, Recitation of the Holy Qur'an,
Dua, Istighfar etc. However, more commonly in it’s general sense it refers to
remembrance of Allah by recitation of some words and sentences glorifying
the names of Allah. This can be an act of tongue or of heart or of both.
In the Holy Qur'an, Allah ‫ﷻ‬says:
O you who believe, remember Allah abundantly (33:41)
Thus, one should do Zikr of Allah as much as possible2, especially because

it has no specific time or conditions like Salah, Zakat or Hajj that normally
offered at particular times. It is not necessary for Zikr (other than recitation of
the Holy Qur'an) that one is not in the state of major impurity like janabah or
menstruation, nor is it mandatory to turn one’s face towards Ka’bah. One can
make zikr while standing, walking or even while lying on one’s bed.
As far as the best Zikr is concerned, the recitation of Qur'an is undoubtedly
the highest form of Zikr3. Moreover, our beloved Prophet Muhammad ‫ ﷺ‬has
highlighted different words and sentences at various occasions as the best and
most liked Zikr such as:
‫ ال اله اال اهلل‬.1
‫ سبحان اهلل وبحمدہ‬.2
4
‫ سبحان اهلل والحمد هلل وال إله إال اهلل واهلل أكرب‬.3
There are some other Azkar as well. However, it is worth mentioning that all
kind of Azkar are beneficial and valuable. No zikr can ever be undervalued.
1 Please see: Māriful Qur'an, Sūrah Al-Ahzāb, Vol 7, Page 171
2 Please see: Musnad Ahmed 29/226
3 Please see: Fathul Bāri – Ibn-e-Hajr 207/11
4 Please see: Sunan Al-Tirmidhī 325/5, Sahīh Muslim 2093/4 and 1685/3
Chapter 07
7.1.2 Purpose of Zikr

Q) A non-Muslim studying Islamics at a university is writing a project on the
Tablighi Jamaat. Since I got to know him because of this, he frequently asks a
thing or two concerning his project. One question is this:
As far as I know "Dhikr" is not used in the Tablighi Jamaat in the same sense
as Sufis use it, who use it often for mystical and spiritual exercises to attain a
state of ecstasy. What is meant by "Dhikr" in Tablighi Jamaat and what is the
difference between "Dhikr" and the prayer ("Salah").
A) Dhikr is a special type of Islamic worship which means remembrance of
Allah Almighty. Although remembrance is an act of heart, yet the recitation
of some words or sentences glorifying the names of Allah is also a part of
Dhikr because such recitations may ultimately inculcate an inner state of
perpetual remembrance of Allah. It is totally erroneous to presume that the
Sufis undertake Dhikr to attain a state of ecstasy. In fact any kind of ecstasy
is not an objective of any Islamic worship, rather the acts of worship on their
own are commendable because they demonstrate one’s total submission to the
commands of Allah Almighty. Whether or not a state of ecstasy is attained has
no importance with regard to Dhikr or any other type of worship.
The true Sufis as well as other Muslim scholars undertake Dhikr only to
demonstrate their submission to Allah and not to create ecstasy. Those who
claim that the basic purpose of Dhikr is to attain ecstasy are either ignorant of
the true teachings of Islam or have a confusion about it, because they cannot
fortify such a notion with any statement in the Holy Qur'an or in the Sunnah
of the Holy Prophet ‫ﷺ‬.
As for the difference between Dhikr and prayer, it can be summarized by saying
that Dhikr is a general remembrance of Allah while prayer in the meaning of
Salah is a particular type of worship, and in the meaning of supplication is to
put one’s request before Allah Subhanahu Wa Ta’ala, and both of these are
specific kinds of Dhikr.
7.1.3 Particular method of Zikr for concentration
Q) I recently attended a collective Zikr program at my local Mosque. My
question is what is the significance of turning the head to the right side and
then forcefully downwards when reciting "illallah" of La ilaha Illallah. I also
notice that they recite "illallah" with a lot of force deep in throat. Why is
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that. I have read Mufti Ibrahim Sahib’s response to these gathering on his
website ‘Ask-Imam" so I know that these gatherings are permissible but for
some reason I did not feel comfortable in the gathering and I don’t feel like
attending anymore. I prefer to do my Zikr individually. Are these feelings
wrong. May Allah reward you for enlightening my ignorance.
A) This particular method of Zikr has been adopted by some spiritual
masters not as a Sunnah or as a Mustahab way but as a method to achieve
concentration. So far as this method is adopted for this purpose and is not
taken as a Sunnah, it is permissible. However, if you feel more comfortable
with individual Zikr there is nothing wrong in it, rather, it is more rewardable
to make zikr in a low voice than doing it in a loud voice.
7.1.4 Arrogance of doing good deeds

Q) The thing is that when I was praying with jamats having dhikr and tilawat
etc. a long time, then I developed a kind of self-praise in myself as if I have
done great deeds. This is wrong. So how to get rid of this.
A) Being happy after performing any good deed of worship or any other
virtuous act is not something to be worried about, rather, the Holy Prophet
‫ ﷺ‬has clarified that being happy on one’s good deed is a sign of one’s being
a Mumin. However, it should not be a cause of arrogance, haughtiness or
presuming oneself to be superior to others. If such thought comes to one’s
heart then he should make Istighfar and ponder that no one knows whose
deeds are more approved by Allah Almighty. Therefore, nobody can be sure
of his being superior to others.
7.2 Reciting the Holy Qur'an
7.2.1 What to say before reciting the Holy Qur'an
Q) I have learnt Surah Yasin by heart and keep reciting three to four times
every day. My mother said that Surah Yasin is very warm and I must not recite
it as I am doing. Since last Ramadan I am also having some ‘Daney’ with puss
in my body. Do they have any connection with this practice of reciting Surah
Yasin. Kindly guide me and oblige.
A) Reciting Surah Yasin 3/4 times a day is not only allowed but also
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meritorious and it is not correct to say that reciting this Surah may cause some
harm. The "Daney" on your body do not relate to your recitation of Surah
Yasin.
Before the recitation one should recite Aaozubillah and Bismillah, however. If
one does so it has its own sawab.
7.2.2 Reciting the the Holy Qur'an in Arabic

Q) I asked a relative of mine to take to the recitation of the Qur'an, a part
of it, every day. Two weeks later when we met again, he said he had finished
half of it. Later, when I found out that he had read a translation of the Qur'an
and not the text, he told me that there was no use reading the text without
understanding it, so he read the translation. Please guide us to the correct
approach in this respect.
A) I am glad that you asked this question. This is typical of the approach to
the recitation of the Holy Qur'an found in many parts of the world especially
among young people with western education.
Let me begin by saying that there are three rights of the Holy Qur'an on all of
us, the Muslim ummah. The highest is that one should act according to it, and
acting according to it depends upon understanding it, that is, understanding its
injunctions and directions. Then, if you were to look carefully, you will realize
that its understanding depends upon the recitation of its words. Therefore,
when the Holy Prophet graced this mortal world and the Holy Qur'an itself
declared that Allah has sent him on a mission to accomplish three things:
Recite to them His verses (62:2)
You will not miss the clear instruction of ‘yatlu’ (recite) here. Then, it was
said:
And teaches them the Book (62:2)
that is, teach them the Book, explain to them its meanings. So, the recitation
of the Qur'an stands established as one of the objectives of the mission of the
Noble Prophet ‫ ;ﷺ‬and the explaining of its meanings has been identified as
yet another. The reality is that both are necessary - the recitation of the Holy
Chapter 07
Qur'an as well as its teaching and learning. As for those who say why should
they recite like parrots when they are not going to understand the meaning, they
end up missing the very taufiq of understanding. This much about Tilawah, the
recitation of the Qur'an. Teaching and learning come next.
Let us keep in mind that the recitation of the Qur'an is a standing obligation,
a definite and on-going objective, an Ibadah, act of worship in its own right,
and a source of rewards and blessings. Just imagine that the Holy Prophet
‫ ﷺ‬is teaching his Companions, all of them Arabs, the meanings of Qur'anic
words, of course, but, at the same time, he is telling them how to pronounce
the words after him. He is teaching them the method of reciting the Qur'an.
So, the method that he taught was most faithfully passed on to the generation
following the Companions, the Tabi’in, and the generation which followed, the
Taba’Tabi’in, and so on and so forth right upto our own time with a concern
for authenticity that remains unmatched in human history. This tells us that
the proper and correct recitation of the Holy Qur'an is a constant objective. It
is our duty to recite the words of the Holy Qur'an correctly and nicely. It is for
this reason that it has been said in Hadith that there is a reward with Allah on
every letter recited from the Holy Qur'an.
Now, if there is some one still looking for a ‘rationale’ for this frankly
though, I do not believe in ‘rationales’, especially concerning the ‘ahkam’
(injunctions) of Allah Ta’ala - but, for one who prefers to see only from that
angle, I would say that, it is through this method that Allah Almighty has taken
the responsibility of keeping the text of the Holy Qur'an preserved for all times
to come.
Just imagine how comprehensively that responsibility has been fulfilled: not
one part of a letter, not one dot and not one single word of the text of the Holy
Qur'an has ever been changed during the last 1400 years. The phenomenon
of the preservation of the Holy Qur'an is something Allah Almighty has
manifested at the hands of the Muslim ummah itself, through its children,
through its young people who do not understand the meaning of the Holy
Qur'an. God forbid, if there were some one who succeeds in burning all the
existing copies of the Qur'an, and eliminates the printed version from the face
of the earth, even then, the whole Qur'an could be written again from the
memory banks of small Muslim children. This is so because the men and
women of this ummah held the Qur'an dear to their hearts in unmatched
esteem. They revered the words of the Qur'an in the same manner as they
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held its learning and teaching in esteem; it was a total effort in devotion to the
recitation, learning its meanings and teachings, understanding its message and
perfecting in their deeds.
So, the excuse that the words of the Qur'an can be bypassed in favour of
translated readings is a product of gross misunderstanding. However, one
should not stop at the simple recitation of the Qur'an. One should go further,
move towards the understanding of its meanings, see for himself, through
tafasir (explanations), the message Allah Almighty has given therein. The
point is that recitation alone should not be taken as sufficient. Making an effort
to understand its meanings and message must follow. However, the attitude
of leaving out the learning of the words of the Qur'an, that is, its correct
recitation, as if it was something useless, is totally wrong. They ultimately
remain deprived of the very ability to understand its meaning and message.
7.2.3 Reciting the Holy Qur'an with movement of tongue and lips
Q) Whilst reading the Holy Qur'an (as daily reading routine apart from in
prayers) does one have to read with his tongue i.e. movement of tongue and
lips are necessary or one can read in the heart without movement of tongue
and lips.
A) In order to acquire the reward for the recitation of the Holy Qur'an
movement of tongue and lips is necessary. Rather one should recite in a way
that he himself may hear his voice. Reading in the heart does not carry the
reward of recitation of the Holy Qur'an. However, it may carry a reward of
Dhikr.
7.2.4 Reading the Holy Qur'an together as a group

Q) What is the Shari’ah's ruling regarding announcements (sometimes)
being made after the Friday Jumuah prayer, by the Imam Sahib of Masjids,
that after the Sunnat prayers, ‘Surah Yaseen Shareef will be read.
A) Such a collective recitation of Surah Yasin is not a Sunnah. Therefore,
if it is done under the impression of its being Sunnah, it is a bid’ah and not
allowed. However, if it is done without believing it to be a Sunnah, and no one
is forced directly or indirectly to join this recitation, and the people join it by
their free will, it cannot be termed as impermissible.
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7.2.5 Sitting behind someone whilst reciting the Holy Qur'an

Q) Is it allowed for students to sit on chairs at desks in madrasah classes.
The desks/chairs are in rows, one row behind the other so some Ulamas object
that while reading the Qur'an the back row students will have the backs of the
front row students thus is not permissible while reading the Qur'an. What are
your views.
A) It is permissible to sit on chairs at desks in madrasah classes. Best efforts
should be made to arrange the seats in a way that the backs of the students are
not towards the Holy Qur'an. However, if it is not possible due to shortage of
place, this may be tolerated.
7.2.6 Listening to the Holy Qur'an recitation attentively
Q) I am told that the Qur'an states that when the Qur'an is recited it should be
listened to attentively.
In this day and age with audio tapes and CDs, everywhere you go music is
pumping into our ears and subconsciously interrupting our thought patterns
away from the deen of Islam. Alhamdullillah some members of the Umma
have taken to putting on tapes of Qur'anic recitation in Muslim restaurants,
taxis, cars etc. Sisters at home put the Qur'an tapes on a sound to allow Allah
Subhana Tallah’s words to fill the house with its blessings. However the car
driver, the customers in the restaurant, the sister at home and those who do this
may not be listening to the Qur'an attentively. Instead it is there as background
although the intention is good.
A) The Holy Qur'an should not be recited at a public place where people are
engaged in their mundane activities and are not able to listen to it attentively.
However, the cassettes of Qur'anic recitations can be played while driving a
car if the people sitting in the car are able to listen to it carefully.
7.2.7 Listening to the Holy Qur'an on a tape recorder
Q) I have been told that the recitation of the Holy Qur'an on a cassette
does not carry any thawab (reward) for the listener, but it is only a source of
Barakah. Could you please comment.
A) What you have been told is not correct in my opinion. It is true that the
effects of the recitation of the Holy Qur'an on a cassette are a little different
Chapter 07
from those of the recitation of a real living person, but as far as the thawab of
listening to the Holy Qur'an is concerned, there is no big difference between
the two situations. There is no evidence to show that listening to the Holy
Qur'an on an audio cassette has no thawab at all.
The opinion referred to in your question may have been based on the fact that
if a person listens to a verse of sajdah from a cassette the sajdah of tilawah
does not become obligatory on him, according to the view of the majority of
contemporary scholars. Perhaps it is inferred from this ruling that the recitation
heard from cassette is not deemed to be tilawa in the strict sense, hence, it
carries no reward.
But this inference, in my opinion, is not well-founded. The Sajdah of Tilawah
becomes obligatory only when the verse is recited by a person who himself
is required to offer sajdah after his recitation. If the person reciting the verse
is not required to offer a sajdah how can a listener be asked to offer it. That
is why a sajdah is not obligatory on hearing a verse of sajdah from a sleeping
person or from a bird like a parrot.
‫) ومن النائم الصحيح أنها تجب‬132 / 1( - ‫الفتاوى الهندية‬
That is why the sajdah is not obligatory on hearing the recitation from a
cassette.
But it does not mean that listening to the cassette of a tilawah does not carry
any reward. The reward of listening to the Holy Qur'an is based on the listening
of the words of the Holy Qur'an, which is undoubtedly present in the case of
listening to a cassette.
Therefore, such listening cannot be devoid of thawab inshaallah, though it
may have greater reward to listen the tilawah’ from a real living person.
7.2.8 Memorizing the Holy Qur'an

Q) One day my officer said to me that learning of Qur'an by heart is now no
more necessary, because companions of the Prophet ‫ ﷺ‬learnt it only because
there was no other way to keep it safe. But now as there are many copies,
learning is not necessary, rather to understand it is necessary so that we can go
on true path. Guide me.
A) The view expressed by your officer is not correct. Learning the Holy Qur'an
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by heart is Fardh-al-Kifaya even today. The basic purpose is not to depend

on written copies of the Holy Qur'an because it was this dependence which
deprived the earlier communities of Jews and Christians from their original
holy books. The learning of Holy Qur'an by heart ensures full protection to
the Holy Qur'an as promised by Allah, because even if all the copies of Holy
Qur'an are (God forbid) burnt or destroyed, the Holy Qur'an will still exist in
the heart of the believers.
7.2.9 Translation of the Holy Qur'an without Arabic text
Q) There are a number of books which contain the full translation of the
Holy Qur'an without giving the Qur'anic text in Arabic. Please explain whether
reading of such translations has the same reward as the recitation of the Arabic
text of the Holy Qur'an is supposed to have. Moreover, can one touch such
translation in a state of impurity and if somebody reads the translation of the
verse of ‘Sajdah’ is it incumbent upon him to perform the sajdah of tilawat.
A) Ulama have clarified that it is not allowed in Shar’iah to print or publish

the translation of the Holy Qur'an without its Arabic text. It may be observed
that the people of other religions have published the translation of their Holy
Books without their original text and consequently the translations have spread
so widely that the original text was totally ignored and it is not available today.
In order to avoid such consequences it was held by the Muslim jurists that the
translation of the Holy Qur'an should always be accompanied by the Arabic
text of the Holy Book.
However, it is generally observed that many people in our times do not observe
this important ruling of the Muslim jurists and a number of translations have
been published without the original text. Such translations cannot be held
as the Holy Qur'an nor can the injunctions relating to the Holy Qur'an be
attributed to these translations. If somebody goes through such translations
he may have the reward of studying the Holy Qur'an yet the reward specified
for its recitation cannot be achieved except by reciting the original text of
it. Similarly such translations published without the original texts can be
touched without wudu. However, if someone reads the translation of the verse
of Sajdah it is incumbent upon him to perform the Sajdah of Tilawat according
to Hanafi school's preferred view.
Chapter 07
7.3 Other topics
7.3.1 Expecting Sawab (Reward)

Q) There are many precedents about ‘sawab’ in the Heaven. When I talk
about these precedents with some of my family members, they in reply argue
that one should not long for Sawab of Heaven, but should act for the love of
Almighty Allah.
Their arguments took me in great confusion. Hopefully your response gives
me the solid base and idea about the concept of "Sawab"
A) Sawab is the reward of one’s obedience to Allah. Since obedience comes
through the love of Allah, there is no contradiction between loving Allah and
expecting Sawab from Him. One can perform virtuous deed for Sawab and
this intention does not negate his love for Allah.
7.3.2 Reading the book Fazail-e-Aamal

Q) I would like to know your opinion on reading the book Fazail-e-Amaal
compiled by Maulana Muhammad Zakariya Kandhalvi ‫ﭬ‬. Many Saudi
Ulama have issued fatwas on the reading of the mentioned book that it contains
too many weak and fabricated Hadiths and is not permissible to read it. A lot of
people who are not Alims (scholars) have accepted this view. Please comment.
A) The books of Fazail-e-Amaal are writen by Maulana Muhammad
Zakariya Saharanpuri who himself was a very prominent scholar of Hadith
and it is not imaginable that he had included some fabricated Ahadith in those
books. However, it is true that some Ahadith of those books are of weak chain
of narrators but in the case of Fazail, such Ahadith are accepted by a large
number of Hadith scholars because they do not lay down any rule of Shari'ah,
rather, they mention the merit of an act that is already proved through an
authentic source. Therefore, if these books contain such Ahadith, it does not
make any big difference and a Muslim can safely benefit from them.
7.3.3 Tablighee Jamaat
Q) Mankato, Minnesota is a small town with the Muslim population of 200-
300. The majority of Muslims are from Pakistan and Bangladesh. We have a
small masjid. The problem is this that the Muslim community is disunited,
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the reason of this disunity is this that some people in the community believe
that the methodology of Tableeghi Jama’at is not right. The other half believes
the opposite, now once there was a Jamaat and the administration of the
masjid didn’t let them stay in the masjid. Now since then, the other half is
not coming to Masjid, and saying we don’t want to pray with these people.
Please tell me what is the right action, how Muslims should handle these type
of misunderstanding. Also should we stop going to the masjid, or should we
continue within the same shelter.
A) There seems no reason to disallow the people of Tablighee Jamaat from
staying in the Mosque. Tablighee Jamaat is doing well in spreading Islam
and is an organizational group which has no politics or sectarianism; rather
it aims at preaching the basic teachings of Islam. Like any other individual
or group they have some weaknesses also but it does not mean that they are
stopped from their noble activities or labeled with non-acceptable elements.
Those people who are against Tablighee Jamaat should be approached and
their misunderstanding should be removed but it is not proper that the people
stop attending the Masjid only for the above dispute.
Chapter 08
Death, Burial & Grave 295
CHAPTER
08 Death, Burial & Grave

8.1 Burial & Grave 296
8.1.1 Dead body should be buried in the city one dies 296
8.1.2 How to offer funeral prayers 296
8.1.3 Putting a gravestone for identification & writing a verse on it 297
8.1.4 Are women allowed to visit cemetery 298
8.1.5 Re-cycling of old graves 298
8.1.6 Burying of Muslims in a non-Muslims cemetery 299
8.1.7 Grave and life in Barzakh 300
8.1.8 The obligation of funeral expenses 301
8.1.9 Cost of post-mortem or MRI scan of the deceased 302
8.1.10 ‘Iddah (waiting period) on demise of husband 302
8.2 Īsal-e-Sawāb (passing of Sawab) 303
8.2.1 The concept of Īsal-e-Sawāb 303
8.2.2 What prayer one should do for parents 304
8.2.3 Īsal-e-Sawāb for living parents 305
8.2.4 Visiting the graves of parents 305
8.2.5 Forgiving the deceased 305
8.3 Dealing with death of non-Muslims 306
8.3.1 Funeral & condolence on death of non-Muslims 306
8.3.2 Attending funeral and visiting graves of non-Muslims 307
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8.1 Burial & Grave
8.1.1 Dead body should be buried in the city one dies

Q) One of the issues being faced by the Pakistani community in Dubai is the
burial of the dead body of people living here as well as those visiting. Some
are buried here whilst bodies of others are taken back by the family for burial
in Pakistan.
I wish to ask you as to what the Shari'ah says regarding the burial of the dead
in such circumstances, keeping in view that:
- all or most of the relatives of the dead may be living in the dead person’s
home country;
- the future offering of fatiha and visiting of the grave by the family;
and
- the dead body sent back to home country for burial must be embalmed
including painting the body with chemicals to avoid decomposition.
A) According to Shari’ah, the dead body of a person should be buried in
the very city or town in which he died and it is Makruh to take his dead body
for burial to another place, specially, when carrying the dead body to another
place requires embalming or painting the body with chemicals.
The Muslims should be educated to observe this position of Sunnah. It is not
necessary for offering Fateha to a deceased person that the one necessarily
goes to his grave. Any act of Isaal-e-Sawab may be done from whatever place
one lives in.
8.1.2 How to offer funeral prayers

Q) How should one participate in a funeral Salah if he does not remember
the wordings of Salah to be recited. Since attendance in a funeral Salah is not
a regular feature one tends to forget its wordings.
A) In fact the recitations prescribed for the funeral prayers are not difficult to
remember, therefore, every Muslim should try his best to remember all these
recitations.
After first Takbeer ‘Thana’ is to be recited. This is the same ‘Thana’ as is
recited in every Salah before Surah Al-Fatihah. It is also advisable that ‘Thana’
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is followed by Surah Al-Fatihah preferably with the intention of dua.

After second Takbeer Durud Shareef is recited. This is the same Durud Shareef
as everybody recites while sitting in the last Raka’at of the normal Salah. Both
these two recitations should not be difficult to recite for a person who is used
to the normal prayer.
It is only after the third Takbeer that a special prayer is made in the following
words:
After the fourth Takbeeer no recitation is prescribed.

However, it should be noted that these recitations are not Fard. They are
only Masnun, therefore, if somebody does not remember the exact words of
recitations after every Takbeer he has two options: first that he does not recite
anything rather restrict himself to saying Allahu Akbar at the time of each
Takbeer. The second option is that after each Takbeer he recites whatever Zikr
he remembers like Subhan Allah or Laa-i-laha-Illallah or whatever prayer he
remembers like
)2:201( .ِ
8.1.3 Putting a gravestone for identification & writing a verse on it

Q) I shall be grateful for your guidance on the following:
With respect to my father’s grave, we do not intend to make anything concrete.
However, we would like to put a stone with the name for identification in a
very large graveyard and for safety.
My question is what if anything should be written on the stone apart from my
father’s name e.g. an ayat or something.
A) There is no bar in Shari'ah against having a stone on a grave. However,
it should bear only the name of your father and the date of his demise. The
fuqaha do not take it as advisable to write a Qur'anic verse on the stone because
it is vulnerable to disrespect in some cases.
Q) Is it allowed under Islam to erect cement walls around the grave and put
name-plate made of marble and photographs of dead man or woman.
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A) It is forbidden to erect a tomb over the grave and also to place photos (which
are forbidden in themselves) of the dead person at the grave. However, when
there is a need to safeguard the grave from being trampled and disrespected,
the erection of a boundary and marble name-plate is permissible.
8.1.4 Are women allowed to visit cemetery

Q) Are Muslim women allowed to go to the cemetery along with other
Muslim men/women to attend Janaza prayer, offer Fatihah and offer flower -
bouquets and spread flowers on the grave and put oil lamp on the head of the
grave.
A) Women are not required by Shari'ah to accompany men to the cemetery
for burial and to offer Janazah prayer and Fatiha. It is also not permissible for
a man or woman to place bouquets of flowers on the grave or to put oil lamps
at the head of the grave.
8.1.5 Re-cycling of old graves

Q) 1) Hong Kong is a very small Island with approximately sixty thousand
(60,000) Muslim population.
2) Hong Kong government granted the Muslim community a small
piece of hill land for the purpose if a Muslim decides to be buried as per
Islamic Shari'ah.
3) The land (cemetery) is nearly going full with graves, and as per
Honk Kong government cemetery laws, if there are no space for
further burial the cemetery has to be closed for any more burial and no
more burial are allowed.
4) Kindly note as per local cemetery law each cemetery regardless
of which religion has to inform in writing each month and update the
balance of available grave spaces.
5) The non-Muslim community who has also been granted hill land for
burial purposes has practiced that after a seven-year cycle the remains of
the body are kept in small clay pots in a safe place with their identity and
the existing grave be kept ready for new burial. Here I must bring to your
knowledge that in Hong Kong; each grave for burial costs minimum US
Dollars Five thousand (5,000). With re-cycle practice the non-Muslims
Chapter 08
have no problem for additional burial spaces in their cemeteries.

As per above situation items (1-5) our Muslim community residing in Hong
Kong requests you to guide us regarding the above said subject, according to
Islamic Law (Shari'ah) and Qur'an & Sunnah:
Can Muslims adopt the re-cycle project for old buried remains if found. If
yes, please advise the period after how many years can we re-cycle the found
remains and what to do in case any remains are found.
A) Taking out of the remains of the dead bodies from their graves and
keeping them in small pots is not allowed in Shari'ah. However, the old graves
can be used for the burial of new dead bodies after such a long period in which
it is certain that the old dead bodies are turned into dust. This period may vary
from place to place according to the weather and atmosphere of the country.
You should consult experts and if it is evident that the dead bodies are turned
into dust after a specific period you can have a rule that after passage of that
specific period the old graves may be used for a new dead body.
8.1.6 Burying of Muslims in a non-Muslims cemetery

Q) In non-Muslim (Kafir) countries of Australia, Canada, Europe, America
etc. millions of Muslims from Middle East, Asia etc. started living as
immigrants after the Second World War. These new arrivals - Muslims - had
no independent cemetery (graveyard) of their own in these continents and
hence they were allowed to bury (by using a small portion of land) in Christian
Cemeteries. I read a Hadith in a Muslim magazine (published in Surat-India)
AI-Isiah that our Holy Prophet ‫ ﷺ‬saw two persons talking on the road in
front of a Nasara cemetery; he advised the two Muslims to go away 50 yards
- quickly and also told that the dead men in non-Muslim cemeteries are under
severe punishment for the sins by Allah Ta'ala and we should avoid going into
Kuffars (Nasaras etc.) cemeteries - we should not ever go near such cemeteries.
As per above reference Hadith, I would like to request you to provide the
true Islamic point of view for the guidance of millions of Muslims living in
America - Canada, Europe etc.
A) It is not permissible for Muslims living in non-Muslim countries to bury
their dead in the cemeteries of non-Muslims. However, if the Muslims do not
have any cemetery of their own, then it is permissible for them to bury their
Chapter 08
dead in a non-Muslim cemetery. In such a situation, every effort should be

made to secure a portion of the cemetery especially for Muslims that they may
bury their dead together.
With regards to the Hadith mentioned in the question any comment regarding
that particular Hadith can only be made if the original text is presented.
‫ "‌ال‌يجوز‌دفن موىت المسلمني يف مقابر غري المسلمني إال إذا لم‬:"‫يف "بحوث يف قضايا فقهية معاصرة‬
،‫ وال يسمح لهم بالدفن خارج مقربة الكفار‬،‫ وذلك بأن ال يكون للمسلمني مقربة‬،‫يكن من ذلك بد‬
)333‫ فحينئذ يجوز ذلك للضرورة" (ص‬،‫كما هو مذكور يف السؤال‬
8.1.7 Grave and life in Barzakh
Q) Although I am not afraid of dying and do my best to follow religion to
have a better life in the Hereafter, I am worried about the azaab / torment of
the grave. What should I read or do specifically to save myself also from the
azaab / torment of the grave and have a better life in the Barzakh as well.
A) The way to acquire safety from Azāb-e-Qabr is to regularly seek Allāh
ta’ālā for protection from it and to abstain from the actions that invoke it. If one
is steadfast on this, Allāh ta’ālā will inshā’allah surely save him through His
Grace, because seeking protection from Azāb-e-Qabr (torment in the grave)
has been emphasized on us by Rasūlullāh ‫ ﷺ‬obviously on the direction of
Allāh ta’ālā; and it is almost impossible that Allāh ta’ālā requires us to seek a
du’ā and then He does not accept it. In fact, via this du’ā, one will insha’allah
be granted the tawf īq to abstain from sins which invoke Azāb-e-Qabr.
‘Allāmah ibnul Qayyim ‫ ﭬ‬in his book "Kitāb ur Rūḥ"; after emphasizing
upon over all obedience of Allāh ta’ālā, has referred to some specific sins that
may cause the torment in the grave.
Some are mentioned below:
- To cause enmity between people by talebearing (conveying
complaints against someone to a person who may harm him with that
intent), even though they be true. The torment of the grave may be more
severe, if the complaint conveyed is not true,
- To be careless about the drops of urine in a manner that such drops
may remain on the body or clothing after relieving oneself.
- It is obvious that when the requisites of taharah (physical purification)
Chapter 08
before offering Ṣalāh are so important to save oneself from the torment
of grave, abandoning Ṣalāh itself should be much greater cause of such
torment.
- For the person who has learnt the Qur’ān to be neglectful of it and
not practice upon it;
- To deal in interest.1
8.1.8 The obligation of funeral expenses

Q) Secondly, I see Muslims who save money to buy houses, cars, vacation
packages, send their children to the best colleges, and afford the most elaborate
Valimahs yet when Allah sends his angel of death to retrieve their souls there
is no money in their savings account to pay for their funeral expenses. In fact
most of the Muslims I have spoken to seem to believe it is the duty of the
Ummah to bury its brother or sister or child in Islam. Is this true. Are we not
asked to save for our funeral expenses.
A) This is not correct. The Muslims have been advised by the Shari’ah not
to be involved in any kind of extravagance. Moreover, the Holy Prophet ‫ﷺ‬
has advised the Muslims that instead of spending all their money in their life-
time, they should leave a substantial part of it for their inheritors, so much so
that they cannot make any will for charitable purposes in excess of 1/3 rd of
their property. The Holy Prophet ‫ ﷺ‬while explaining this rule of Shari’ah, has
observed in the following words:
‫ان تدع ورثتك أغنياء خري من أن تدعهم عالة يتكففون الناس‬

" To leave your inheritors well-off is better than leaving them in poverty looking to
the hands of others" (Bukhari)
Therefore, one should never presume that it is the duty of Muslim brothers to
bear the expenses of his burial etc., and he should spend whatever he has in
his life time. The Muslim people are required to pay the burial expenses only
when a person has died in a state of poverty leaving nothing behind. But it
does not mean that one should exploit this obligation of the Muslims for his
extravagance or his lavish expenditure during his life time.
1 Please see: Kitābur Rūḥ p. 77; Ṣaḥīḥ al Bukhārī:1372, Ṣaḥīḥ Muslim: 2867, and 590 and
Mishkātul Maṣābīḥ with Mirqātul Mafātīḥ: 964.
Chapter 08
8.1.9 Cost of post-mortem or MRI scan of the deceased

Q) The matter is that once a person passes away then sometimes post
mortems are necessary to find the cause of death. Post-mortems are free in
England. However there is an alternative option which is the MRI scan which
is the same as post-mortem but the scan does have a cost.
The question is that if a family decides to do an MRI scan instead of a post-
mortem then can the cost of the scan be taken from the deceased (the dead’s)
wealth. Please help and guide me in regards this matter.
A) The cost of Scan cannot be taken from the property of the deceased.
8.1.10 ‘Iddah (waiting period) on demise of husband

Q) What are the rules of ‘Iddah (waiting period) after Talaq (Divorce) or
after demise of husband. In particular:
- Is the period of ‘Iddah applicable on women irrespective of their age; and
- Within the ‘Iddah period, can a woman leave the house for necessary
reasons for survival ranging from continuing the employment for sustenance
to necessary grocery/food shopping.
A) With regards to ‘Iddah, the wife is obligated to observe ‘Iddah upon being
given Talaq, provided that Khalwa Sahiha is realized after Nikah. ‘Iddah is
also obligated on her on the demise of her husband. ‘Iddah as a period in
which nikah with another man is not permissible, is applicable to all females
irrespective of their age, though the rules of Hidad (avoiding adornment during
‘Iddah) are not applicable to non-pubert females.2
For Talaq the ‘Iddah period is 3 menstrual cycles, or 3 lunar months (or 90 days
if Talaq is effected on other than the first of the lunar month), for females who
do not experience menstruation, or until child-birth if Talaq was pronounced
during pregnancy. For demise, the ‘Iddah period is 4 lunar months and ten
days, if the husband dies on the first day of the lunar month; otherwise it is
130 days.3
)534 /1( ‫ الفتاوى الهندية‬2

‫ئ‬
.‫وال يجب الحداد عىل الصغرية والمجنونة الكبرية والكتابية والمعتدة ن كاح فاسد والمطلقة طالقا رجعيا وهذا عندنا كذا يف البدا ع‬
‫ن‬ ‫م‬
)527 /1( ‫ ىف الفتاوى الهندية‬3

‫ وإن اتفق ذلك يف‬،‫ وإن نقص العدد عن ثالثني يوما‬،‫إذا وجبت العدة بالشهور يف الطالق والوفاة فإن اتفق ذلك يف غرة الشهر اعتربت الشهور باألهلة‬
Chapter 08
A female in ‘Iddah of Talaq is not permitted to leave her house, since it is

her ex-husband’s responsibility to provide for her. In ‘Iddah of demise, she
is permitted to leave the house to provide for herself via employment or
otherwise, when her wealth does not suffice to fulfil her recognized needs,
provided she comes back home as soon as is practicable after fulfilling her
genuine need and she spends the night at home.4
8.2 Īsal-e-Sawāb (passing of Sawab)
8.2.1 The concept of Īsal-e-Sawāb

Q) Can you kindly explain the concept of Īsal-e-Sawāb especially with
reference to the Hadith that a person is only deserving of sawab for what he
performs physically in his life except the three things mentioned in the Hadith,
which can continue to benefit him after he passes away from this world.
A) Conveying the reward (Sawāb) of Nafli Ibādaat (i.e., recitation of the
Qur’ān, Nafl Sālāh, Sadaqah etc.) to a Muslim or group of Muslims is called
Īsal-e-Sawāb. It can be done for the people who are alive and for those who are
not5. There is no specific way, day, place, or deed for Īsal-e-Sawāb. Instead,
specifying such things is not correct6. The Hadith you have referred to is
mentioned in Sahīh Muslim and other books as follows:
"Abu Huraira ‫ ﭬ‬has reported that Allah’s Messenger ‫ ﷺ‬has said:
When a man dies, his acts come to an end, but from three things: Sadaqah
Jāriyah, (a charity the benefits of which last for a long time), or knowledge (by
which people) benefit, or a pious child, who prays for him (for the deceased).
[Sahīh Muslim 1255/3]
This Hadith specifically teaches us about Sawab and benefit reaching the
‫ يعترب يف ذلك عدد األيام تسعون يوما يف الطالق ويف الوفاة‬- ‫ رحمه اهلل تعاىل‬- ‫ وإحدى الروايتني عن أيب يوسف‬- ‫ رحمه اهلل تعاىل‬- ‫خالله فعند أيب حنيفة‬
.‫يعترب مائة وثالثون يوما كذا يف المحيط‬
:)536 /3( ‫ ىف الدر المختار مع رد المحتار‬4
‫ حىت لو كان عندها كفايتها صارت كالمطلقة‬،‫(ومعتدة موت تخرج يف الجديدين وتبيت) أكثر الليل (يف مزنلها) ألن نفقتها عليها فتحتاج للخروج‬
.‫ وجوز يف القنية خروجها إلصالح ما ال بد لها منه كزراعة وال وكيل لها‬.‫فال يحل لها الخروج فتح‬
.‫ وال بد أن يقيد ذلك بأن تبيت يف بيت زوجها‬:‫ وجوز يف القنية إلخ) قال يف النهر‬:‫ (قوله‬:‫وىف رد المحتار تحته‬
5 See Raddul Muhtār (Hāshiyah ibn-e-Abidīn)243/2

6 See Fatāwā Darul Uloom Karachi Vol 1, Page 153 and Fatāwa Al-Bazāziyah 38/1
Chapter 08
deceased person for his good deeds done in his lifetime and emphasizes on
such pious acts the Sawab of which is recurring.
There are some other Ahadith on Īsal-e-Sawāb as well. For example, the
Hadith of Hazrat Sa’ad Ibn-e-Ubadah ‫ ﭬ‬mentioned in Sahih Bukhari. When
his mother died, he asked the Prophet Muhammad ‫ ﷺ‬that he wants to give a
Sadaqah on behalf of his mother, will it be beneficial for her. The Prophet ‫ﷺ‬
said, yes. [Sahīh Bukhari Vol 4, Page 7]
Although one is not entitled for the Sawāb except for one’s own deeds. But if
any person conveys the reward of good deeds to another person it reaches to
him or her7, as it is clear from the above Hadith and other Ahadith on Īsal-e-
Sawāb.
8.2.2 What prayer one should do for parents

Q) How best one should pray for the Parents. Kindly explain separately for the
living parents and for those who have passed away.
A) The best prayer one can do for the living parents is as prescribed in the
Holy Qur'an in Surah (17) Bani Israel, Ayat No. 24 as follows:
My Lord, be merciful to them as they have brought me up in my childhood. (17:24)
This prayer may also be made for the parents who have passed away.
The best deed one can do for parent(s) who have passed away is the `sadaqah’
or ‘recitation of the Holy Qur'an’ for Īsal-e-Sawāb (passing of sawab to them).
However, ‘charity’ can be given for both, living parents and for those who
have passed away, for their lsal-e-Sawab (passing of sawab to them). The best
charity is Sadqa-e-Jaria, which means a charity which has a longer lasting
effect e.g. constructing a Mosque, providing / spreading religious knowledge
by writing / publishing / distributing books etc.
In order to pass-on the sawab, one should do the following:
- Niyat (intention) of lsal-e-Sawab (passing of sawab) and for whom
it is done whilst doing the deed; and
- Pray to Allah to accept such deed and give sawab to the person(s) for
7 See Takmilah Fathul Mulhim Vol 2 Page 115
Chapter 08
whom it is done (it may be noted that irrespective of doing Īsal-e-Sawāb

for others, the doer himself also gets the sawab for doing the deed)
Even if a virtuous deed is done without intention to convey its sawab to a
person, its sawab may be conveyed to him at a later point by praying to Allah
in the above manner. However, it is better to make the niyat of Īsal-e-Sawāb at
the time of doing the virtuous deed.
8.2.3 Īsal-e-Sawāb for living parents

Q) Can Fatiha for Īsal-e-Sawāb be also performed for living parents?
A) Yes, Īsal-e-Sawāb of tilawat may be done to living parents.
8.2.4 Visiting the graves of parents

Q) How frequently one should visit the graves of parents and what and how
to pray there.
A) There is no such requirement to visit the graves of parents but if it is in
the same city or convenient you may fix a day to visit regularly, provided that
it is not regarded as necessary.
When you visit say Salaam and then it is better to do some recitation of the
Holy Qur'an. It is better to recite Surah Yasin and/or Surah Mulk, and the three
quls fatiha and do Isal-e-Thawab to them.
8.2.5 Forgiving the deceased

Q) Can you please assist me with the following question. Recently we had a
female deceased here. After the lady passed away one female said to the family
of this lady that you all must forgive the deceased by saying the following
in front of the corpse "We forgive you for all which transpired between us"
because the deceased hears everything what we say.
A) It is better to ask the relatives and acquaintances of a deceased person
to forgive him if there was any excess committed by him towards them. But
they should not be asked to address the deceased person in a manner you have
described in your question. Everybody can forgive him on his own. It is also
incorrect to say that if the deceased person is addressed in this manner he will
definitely hear what is said to him. The question whether or not the deceased
Chapter 08
persons hear the voices of those who address them is a debatable issue and the
correct position is that it is for Allah if He wills to make a dead person to hear
something, he can hear, otherwise cannot.
8.3 Dealing with death of non-Muslims
8.3.1 Funeral & condolence on death of non-Muslims

Q) We are living as a Muslim minority in Guyana, South America and plagued
with some dilemma with regards to reverts and their obligation towards both
close and distant non-Muslim relatives:
Here whenever there is a funeral of either community both visit and attend
each other’s funeral service.
1) If a Christian Mom and Dad of a Muslim should pass away, can he
she attend the funeral service, follow the procession, offer condolence, go
to the grave site or just merely show one’s face minimally and more so
could he she contribute to the funeral vital expenses.
2) Sometimes in the event that there is no other to dispose of the dead,
the Muslim may have to spend financially and even physically, ensuring
his small non-Muslim parents are buried, while allowing the pastor to just
carry out the religious rights. What about this Islamically.
3) Did the Prophet ‫ ﷺ‬participate in Abu Talib’s funeral service. In Bahr
179 and Tahawi, Islam is conditional for Janaza and before Khatija’s ‫ڤ‬
death, which is after Abu Talib’s, Janaza wasn not instituted yet as hereby
mentioned respectively. But is there any other evidence of permitting
limited attendance for goodwill sake or fulfilling parental rights especially
in the absence of capable others. Bearing that wrath descends on such
functions, would tauba and istighfaar be necessary, if so, when and how.
4) How does the verses in Surah Tauba 80-84 and 114 apply to this
situation. What does, do not stand by their grave, mean.
5) Should the parents be combatants in a war against Islam, what is the
verdict concerning the Muslim child’s participation in the funeral.
A) (1-2) It is not impermissible for Muslim to offer condolence for their
non-Muslim deceased relatives. However, the condolence should be
restricted to express one’s grief and to advise his relatives to observe
Chapter 08
patience and it should not contain any prayer for his forgiveness.
As for attending the funeral procession, if one has to attend he should walk
in front of the coffin and not behind it as directed by the Holy Prophet ‫ﷺ‬
in the following Hadith:
Qays Ibn Shammas ‫ ﭬ‬came to Holy Prophet ‫ ﷺ‬and told him that his Christian
mother had passed away and he wishes to attend her funeral. The Holy Prophet
‫ ﷺ‬replied r"ide on your animal and walk in front of the funeral because when you
are in front of the funeral you will not be treated to be in her company.
The same ruling is given by Sayedna Omar ‫ ﭬ‬in the following narration:
Abu Wail has reported that his Christian mother died. He came to Sayedna Omar
‫ ﭬ‬and asked him about it. Sayedna Omar ‫ ﭬ‬told: p" articipate in her funeral
riding on an animal and walk in front of it (Akham Ahle-zzimah Ibn Qayyim
203/1).
So far as washing or preparing his coffin is concerned, if any non-Muslim

relative of the deceased is available all these functions should be entrusted
to him or her. But if a non-Muslim relative to perform all these functions
is not available then a Muslim can also wash the deceased and wrap him
in a coffin and bury him in grave, but while performing these functions
the Islamic etiquettes of washing, burying etc. should not be followed.
3) The Holy Prophet ‫ ﷺ‬did not participate in burying Abu Talib rather
he sent Sayedna Ali ‫ ﭬ‬to bury him (Ilae As-Sunan vol.8 page 233).
4) The verse of the Holy Qur'an prohibiting to stand on the grave of
a non-Muslim means to stand for praying in his favour. The verse has
forbidden the Holy Prophet ‫ ﷺ‬from offering Salah on janaza of a non-
Muslim or to stand on his grave for praying because it was the usual
practice of the Holy Prophet ‫ ﷺ‬that when a deceased person was buried
in grave he would stand on it for a while and pray for him (Qurtubi Vol.8
page 223)
5) The rulings given above are also applicable in this situation.
8.3.2 Attending funeral and visiting graves of non-Muslims

Q) If a Muslim’s friend and/or relative, who is a non-Muslim (Hindu, Sikh,
Yahood, Nasara, Ahmadi Quadiani) Parsi, Bahai, all known Kafirs Mushriqs
etc.) dies, is a Muslim allowed to participate to attend funeral services, to go
Chapter 08
to church service, to go to cemetery or attend cremation, during burial time, to

take part in the prayer - service to make ‘dua’ for the dead man/woman, to put
flower-chaddar (or flower bouquets) etc.
As per question above:
1) Is a Muslim forbidden or allowed such funeral participation.
2) Is it allowed to put or spread flowers and send expensive flower
bouquets - a forbidden practice - wastage, which is forbidden in Islam.
A) It is not permissible for a Muslim to attend the funeral services of a non-
Muslim, to go to the Church service, attend cremation, or to take part in the
prayer-service. Likewise, Fatiha, or making ‘dua’ for a non-Muslim is also
forbidden.
The placing of a flower sheet on a grave is not permissible for a Muslim (grave)
let alone a non-Muslim as it is an innovation and also a practice of the Hindus.
Likewise, the placing of bouquets of flowers is also forbidden for Muslims as
well, as it is an unnecessary extravagance.
Chapter 09
Wudu (Ablution) 309
CHAPTER
09 Wudu (Ablution)
9.1 Significance of Wudu 309
9.2 Tahiyyat-al-Wudu Prayers 310
9.3 Masah (washing of feet in Wudu) over the socks 311
9.4 Wudu and Ghusl over non-porous ointment 311
9.5 Wudu and Ghusl with braces over teeth 312
9.6 Removing dentures whilst doing wudu 312
9.7 Performing Wudu on wheelchair 313
9.8 Wudu broken by passing wind 313
9.9 Wudu broken by urine of suckling child 314
9.10 Drop after urination 314
9.1 Significance of Wudu
Q) We understand that Wudu is necessary for performing Salah and for

reciting Holy Qur'an. What are the other advantages of Wudu, like safety for
the person and from what. Should one do Wudu before going out of the house.
Should one remain in Wudu all the time.
A) Being in a state of Wuḍū is a pre-requisite for performing Ṣalāh and
touching the Muṣḥaf. It is Mustaḥabb to try to stay with Wuḍū at all times,
Chapter 09
310 Wudu (Ablution)
and Rasūlullāh ‫ ﷺ‬has declared this a trait of being a Mu’min1. Imām Ghazālī
narrates from Hazrat ‘Umar ‫ ﭬ‬that a good Wuḍū (done according to the
Sunnah) repels Shaiṭān2.
Wuḍū has many virtues, some of which are mentioned below:
- Rasūlullāh ‫ ﷺ‬has declared Wuḍū an important part of īmān3.
- A person’s (minor) sins are forgiven by doing Wuḍū according to the
Sunnah4.
- The limbs of Wuḍū will shine on the Day of Qiyāmah, and this
will be a distinguishing sign by which Rasūlullāh ‫ ﷺ‬will recognize the
persons of his Ummah at the Lake of Kauthar5.
- The eight doors of Jannah are opened for the one who does Wuḍū
according to the Sunnah and then says
In one narration, the words:
are mentioned, and, in another, it is mentioned that while saying these

words, a person looks towards the sky6.
9.2 Tahiyyat-al-Wudu Prayers
Q) My question is about Tahiyyat-al-Wudu Prayer. "Can we offer Tahiyyat-

al-Wudu first, and then Fajr prayer, Zuhr prayer, Asr prayer, Maghrib prayer,
and Isha prayer. For example, according to Bahishti Zewar, "In the morning
when it is Fajr prayer, no other nafl prayer is permissible, save two of Farz
and two Rak’at of Sunnah". If I wake up at the time of Fajr prayer, can I offer
Tahiyyat-al-Wudu, and then Fajr prayers (Farz and Sunnah).
1 Sunan Ibnu Mājah: 277; Musnad Aḥmad: 22432

2 Ihyāul ‘Ulūm: 1: 135-6
3 Ṣaḥīḥ Muslim: 223
4 Ṣaḥīḥ Muslim: 229
5 Ṣaḥīḥ Muslim: 246-249
6 Sunan Abī Dāwūd: 169-170
Chapter 09
Wudu (Ablution) 311
A) Tahiyyat-al-Wudu cannot be performed after the breakup of dawn upto

the sunrise, and after the Asr prayer upto the sunset because in these periods
any Nafl prayer is prohibited by the Holy Prophet ‫ﷺ‬. Similarly, any Nafl
prayer is prohibited upto 12 minutes after sunrise and at the time of sunset
and at the time of zawal (the time when the sun declines towards west at
midday). Therefore, Tahiyyat-al-Wudu should be performed at any other
time.
9.3 Masah (washing of feet in Wudu) over the socks
Q) What kind of socks we can do Masah on. Can we do Masah of wudu over
the nylon or slim cotton socks that we wear nowadays.
A) Making Mas`h on leather socks is permissible as mentioned in numerous
Ahadith. However, the socks of nylon or wool do not normally have the status
of leather socks. All authentic Fuqaha are unanimous on the point that Mas`h
cannot be performed on such socks if:
1. They do not prevent water to reach inside
2. They cannot stand alone on calf/legs without being fastened or tied
3. It is not possible to walk wearing them without shoes for three miles
without being torn.7
9.4 Wudu and Ghusl over non-porous ointment
Q) We have a query from a podiatrist who prescribes a "Cutex-Like" ointment

medication for patients who have fungus on their nails.
1) This ointment is non-porous and does not allow water to penetrate
onto the nail surface.
2) The ointment has to be left on the nail surface for 7 days where after,
it is filed off and reapplied.
3) This treatment is prescribed for a 6-week period.
4) There are oral tablets which can also be prescribed but the side-
effects of such oral medication are a cause for concern such as kidney
complications, nausea, vomiting etc.
7 Please see Fatāwā Usmāni Vol 1, Page 347-348, Al-Mabsūt- Sarakhsī 183/1
Chapter 09
312 Wudu (Ablution)
Kindly advise whether it would be permitted for Muslim patients to utilize

such medication and whether their Wudu, Salah etc. would be valid in such
circumstances.
A) Muslim patients who have applied such medication need pass water over
the medication during Wudu (ablution) and Ghusl (bath). If passing water over
the medication is harmful to the nails then the patient should pass a wetted
hand over the medication (i.e. perform Masah over the nails). If this too, is
harmful then one should complete the Wudu or Ghusl as normal without
passing water or a wet hand over the medicine.
9.5 Wudu and Ghusl with braces over teeth
Q) If aluminum braces are put on teeth to straighten them then I think no

space remains between the teeth and the braces. Hence the water cannot reach
the teeth or enamel. These braces are fixed and cannot be taken off by the
person, but only by the dentist. If while having such fixed braces a man has
‘ehtalaam’ then how would he wash his teeth. Would his Ghusl be valid with
the braces on and the water not reaching the teeth.
A) If the aluminium braces are put on teeth permanently, it does not affect
the validity of Wudu or Ghusl. The Shari'ah has recognized such permanent
fixtures as a part of the teeth.
9.6 Removing dentures whilst doing wudu
Q) A lady is 76 years old and she wears full upper and lower dentures for
her full mouth as she does not have any teeth. In fact her inside of the mouth
(Jabrra) has also changed shape and it is very difficult to take the dentures out
and fit again after every Wudu.
Besides because of her old age she sometimes has the problem of forgetting
the dentures when she takes out at the place of Wudu.
We require your guidance to ask if it is necessary for her to take out dentures
every time she has to do Wudu in her condition as explained above.
A) It is not necessary to remove dentures every time of wudu. It is necessary
only in obligatory Ghusl.
Chapter 09
Wudu (Ablution) 313
9.7 Performing Wudu on wheelchair
Q) A lady who is on a wheelchair and it is very difficult for her to perform

wudu, can she perform tayammum or is her family obliged to wash her limbs
for wudu.
A) As long as there is someone available to assist this lady in performing
Wudu it would not be permissible for her to perform tayammum.
9.8 Wudu broken by passing wind
Q) My wife, who is a new English Muslim, has so much trouble keeping

her Wudu (through having passed wind) for Prayer. There are times when she
will start the Prayer and continue to repeat her Wudu, because, she has either
broken it or thinks she has broken it.
We had a pledge of Bayt to a Sufi who recommended me to tell her only to
repeat her Wudu for each of the Prayer time ‘only’. This was a great relief
for her and she found this to be very easy and beneficial, but after the demise
of Hadrat she went back to the original way of doing her Wudu, repeating it
sometimes on the pretence of having broken her Wudu.
Please, can you advice her what she should do, as the repeating of Wudu is
having an effect on her strenuously and emotionally. Even the recitation of the
Qur'an Shareef is difficult for her due to this problem.
A) Tell your wife firstly that once Wudu is made, it is never broken by having
suspicion. It is only broken if a person is 100% sure that it is broken. Now,
if passing of wind is so frequent that one cannot perform 4 rak ‘at without
it throughout the time of one prayer that is, the period beginning from one
prayer to the next prayer, he or she is called ma’dhur (excused). It is allowed
for such a person to make Wudu at the beginning of a time of prayer, like Zuhr.
Then he or she may perform Salah throughout the time of Zuhr by the same
Wudu. Even though wind might have passed many times during this period,
his or her Wudu will not be broken. However, at the beginning of the time of
‘Asr’ a new Wudu will be necessary. Once a person becomes ma’dhur, he or
she may avail of this concession until he or she returns to the normal condition
in the sense that wind does not pass even once throughout the duration of one
time of prayer.
Chapter 09
314 Wudu (Ablution)
9.9 Wudu broken by urine of suckling child
Q) I was told urine of a male suckling baby doesn’t make one ritually impure
while that of a female does. Is it true. If so, why is this difference. I don’t want
to but sometimes it feels like reflection of Biblical laws for women as the
Leviticus.
A) This is not correct, urine of both is impure, but the method of cleaning is
different for physical reasons.
9.10 Drop after urination
Q) Firstly my problem is that after having done complete urination and

istanja I do Wudu and go for namaz. There sometimes I feel as if a drop of
urine has come out. It occurs sometimes. Then I do istinja again. Sometimes
I found that there is a little urine but inside, it didn’t come out and sometimes
no drop just suspicion (wahm). So now if I go for istanja afterwards I’ll have
to leave my jamaat that means I leave my (sawab) of jamaat. So what I should
do in this case.
A) Once you have made Wudu satisfying yourself about all the requirements
of purity like Istinja you should not deem Wudu as broken by mere suspicion.
In case of such a suspicion, one may continue with his prayer, rather, if in the
case of making Wudu afresh he apprehends to miss the Jamaat he must not
go for making a fresh Wudu. However, if to the best one’s guess it is almost
certain that the Wudu is broken, he must make Wudu afresh. It should also be
noted that Wudu is not broken unless a drop of urine comes out of the organ,
and if it remains inside the organ, the Wudu is not broken.
Chapter 10
Qurbani (Sacrifice of Animal) 315
CHAPTER
10
10.1
Qurbani (Sacrifice of
Animal)
Pre-requisites for Qurbani being Wajib 315
10.2 Nisab and acceptance of Qurbani 316
10.3 Condition of Animal for Qurbani 316
10.4 Distribution of meat of Qurbani 317
10.5 Qurbani in a country other than where you live 317
10.6 Gift scheme on hides of animal for Qurbani 318
10.7 Sacrifice of animal on birth of a child - Aqiqah 318
10.1 Pre-requisites for Qurbani being Wajib
Q) Please let us know if the Eid Qurbani-sacrifice of an animal is Wajib

(essential) to sacrifice for each and every Muslim of any age, even without
going for Hajj.
A) The performance of Hajj is not a prerequisite in order for the Qurbani to
become Wajib. For Qurbani to become Wajib, the prerequisites are that one
should be a Muslim and a Muqim (resident). One should also have ownership
of 612.35 grams silver or 87.479 grams of Gold or any of their equivalent in
wealth that is in excess of one’s basic necessities and free from any financial
claim. One of the pre-requisite in order for Qurbani to become Wajib is
reaching the age of puberty (‫)بلوغ‬, therefore the parents or guardian should not
offer Qurbani from the minor’s wealth.
Chapter 10
316 Qurbani (Sacrifice of Animal)
10.2 Nisab and acceptance of Qurbani
Q) I have started earning myself, but I am still unmarried. I give my salary

wholly to my mother (she returns back more than half). Please tell me when
the Qurbani on Eid-ul-Azha becomes ‘Fardh’ on a man.
Similarly, I have also learnt that if the Qurbani of a partner on the slaughter of
cow is not accepted by Allah, then the Qurbani of the remaining partners also
are not accepted. Why.
A) Qurbani becomes obligatory on a person when he has 52.5 tolas of
silver either in the form of money, jewellery or any other items of household
which are in excess of one’s needs. It is not correct that if the Qurbani of one
person is not approved by Allah, the Qurbani of other partners is also not
approved. The fact is that Allah Almighty treats everyone according to his
sincerity. However, if one partner takes part in a cow only to get the meat and
not perform Qurbani, then it will not be allowed for other partners to offer that
cow as a Qurbani. They should seek some other partner who takes share of the
cow for the performance of Qurbani. If they fail to do so, their Qurbani will
not be valid.
Q) My teacher and my local Imam Maulana Abdur Rauf Sufi (Khalifa of
the late Maulana Maseehullah $ has enquired whether you have opined that
the Gold Nisab instead of the Silver Nisab, can now be used as a basis for
Qurbani becoming Wajib on a person. Some Ulama in the UK have quoted
you as saying, "With the current price of silver so low, the Gold Nisab can now
be adopted for Qurbani becoming Wajib on a person". If indeed this is your
position, the question has been raised how would you then justify using the
Silver Nisab for Zakat purpose.
A) I have never given a Fatwaa that the Gold Nisab should be followed in
the matter of Qurbani. However, when some people told me that the price of
silver is so low that the Nisab of silver cannot even cover the cost of Qurbani,
I observed that in this situation the Ulema should consider the issue, but I did
not give a Fatwa as such.
10.3 Condition of Animal for Qurbani
Q) In a hot western country the tails of sheep are docked (cut) for hygiene
Chapter 10
reasons, are we allowed to sacrifice these sheep for Qurbani.

A) This kind of sheep is not allowed for the purpose of Qurbani.
10.4 Distribution of meat of Qurbani
Q) In what proportions the meat of the Qurbani should be distributed and to

whom.
A) It is Mustahab (preferable) to make three portions of the meat of Qurbani.
One for personal consumption, one for the needy people and one for relatives.
However, if one does not find the needy person in the area, then all meat
can be preserved for personal consumption or may be distributed among the
relatives1. The meat of the qurbani can be distributed to Muslims and non-
Muslims2.
10.5 Qurbani in a country other than where you live
Q) Read Urdu Albalaagh of 11/1420 H. Under Istifta the rule on time and
place of Qurbani was mentioned (Fatwa No. 393, 23-08-1420 H). My questions
are;
1) Suppose Zaid is in Saudi Arabia. Eid (Youm Al Nahr) is on 16
March. His Qurbani is to be performed in Pakistan, and there Eid (Youm
Al Nahr) is on 18 March. Can this Qurbani be performed in Pakistan on
16 March as this is the Eid day of Zaid, whereas in Pakistan still Eid day
has not come.
2) If Zaid is performing his Qurbani in Saudi Arabia, he is allowed
to perform his Qurbani from 10 to 12 Zulhijja (16-18 March). Now his
Qurbani is being performed in Pakistan where Eid is on 18 March. So
that day will be the last day to perform Qurbani as per Zaid’s calendar of
Saudi Arabia, can his Qurbani be done as per the calendar of Pakistan, in
that, Qurbani will be allowed from 18 to 20 March. Zaid’s time would be
over on 18 March.
A) The principle is that if a person wishes his Qurbani to be performed in
another country it should be performed on a date which is one of the days of
1 See Fatawa Usmani Vol 4, Page 131
2 See Al-fatawa Al-Hindiyyah 300/5 and Fatawa Mahmoodiyah Vol 17, Page 435
Chapter 10
Qurbani (10th to 12th Zilhijjah) in both countries, In the example given by you
it is only on 18th March that Zaid’s Qurbani should be performed in Pakistan.
If it is performed on 16th or 17th which are not Eid days in Pakistan the Qurbani
will not be acceptable and if it is performed on 19th which is one of the Eid
days in Pakistan but not in Saudi Arabia the Qurbani performed in Pakistan
will remain doubtful, therefore, in the above cases it should be performed on
18th March only.
10.6 Gift scheme on hides of animal for Qurbani
Q) A welfare organization has put up the following banner on the occasion

of Eid-ul-Azha.
According to their scheme the condition for giving the "gift" is laid down i.e.
a certain "gift" for one skin, another for two skins and another for a cow skin
etc. Without donating the skin no gift is given. The gift for each type of skin
and number of skins is fixed by them. My desire is to know whether such a
scheme is according to Shariat and the spirit of Qurbani.
A) The hides of the animals slaughtered in Qurbani can be used directly by
the person performing Qurbani. They can also be given as gifts to another
person for his personal use. However, it is not permissible to sell the hides and
use the price for one’s benefit. If somebody sells then it is obligatory on him to
give the price so received in charity. The scheme of the gift you have referred
to, is not in compliance with Shari'ah because the gifts being fixed they are
tantamount to the price of the hides, therefore, one should not avail of this
scheme. If somebody has acquired the gift he should give it to a poor person
as charity.
10.7 Sacrifice of animal on birth of a child - Aqiqah
Q) This is Aisha (formerly Ilona) from New Jersey, USA. I reverted to Islam
some months ago. I have been an active feminist in my college days but I
found Islam cares for us the womankind more than any other system. One
of my friends shared with me some issues of your journal Al-Balagh which
helped me a lot. I have a question:
Why is there a rule to offer two animals for sacrifice on the birth of a male child
and only one in the case of a female when otherwise daughters are considered
Chapter 10
potentially more blissful. Shouldn’t then thanksgiving for the daughter be

more than that for the son or at least equal to it.
A) Firstly, all the ‘ibadat (acts of worship) prescribed or emphasized by
Shari'ah are based solely on following the commands of Allah, whether or
not one understands the wisdom behind it, such as the Holy Prophet Ibrahim
‫ ڠ‬was ordered to sacrifice his own son. He never asked what was the reason
behind it. He just followed what was ordered, because it is not necessary that
a human being understands the rationale of each and every command. The
sacrifice of an animal in ‘aqiqah’ is also an act of worship, and one must
follow it whether or not he understands the reason.
However, there are some acts of worship, the wisdom of which may be
mentioned as a possible reason, while the full reason is known only to Allah
Almighty. On the birth of a child, the sacrifice of an animal has been held as
a Sunnah (a preferable practice) and not as an obligatory act. In a mandatory
sacrifice, like in Eid-ul-Azha, one goat is enough for both male and female. It
shows that normally a single goat is enough for both of them. Hence what is
suggested on a birth of a girl is according to the normal practice i.e. a single
goat. But in the case of a male child, an additional goat is suggested, perhaps,
because one of the objectives of ‘aqiqah is to seek refuge from satanic influence
and calamities, and male is more vulnerable to such influences than a female
because his activities are more diversified, therefore, an additional sacrifice is
suggested. Therefore, it should not be taken to indicate that the birth of a girl
is less blissful, because the Holy Qur'an has condemned this belief in several
verses.
Q) Why in Islam for a male child at the time of 'Aqiqah two sacrifices are
offered while for a female child only one.
A) Before answering your question it will be pertinent to make three points:
1) 'Aqiqah is not an obligatory performance. It is only a Sunnah.
2) The sacrifice offered at the time of 'Aqiqah is a form of worship.
3) The forms of worship prescribed by Allah are just to test the obedience
of the followers and it is not correct to seek reason behind them. The very
purpose of worship is to display one’s total obedience and submission to
Allah which includes that a person abides by his command even though
he does not fully realize the wisdom behind it. One does not need to know
Chapter 10
or understand why two Rak’ats only are obligated for Fajr, three Rak’ats
for Maghrib and four Rak’ats for Zuhr, Asr and Isha.
Keeping these points in mind it is not at all necessary to know or fully
understand the reason why two goats are offered as sacrifice for 'Aqiqah of a
male child and only one goat in the case of a female child. This is a Sunnah
prescribed by the Holy Prophet ‫ﷺ‬. He has clarified in a number of Ahadith
that the female child is a blessing from Allah and by no means is lower than a
male child. The Holy Qur'an and the Sunnah have also condemned the practice
of the pagan Arabs who expressed grief when they were informed of the birth
of a daughter. The Holy Prophet ‫ ﷺ‬has in a number of Ahadith explained the
merits of a daughter and the rewards promised for a person who looks after his
daughter or daughters with love and affection.
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CHAPTER
11
11.1
Business
Investments and purification of non-Halal sources 324
11.1.1 Investment in shares & government securities 324
11.1.2 Dealing in shares of insurance and leasing companies 324
11.1.3 "Badla" transaction in shares 325
11.1.4 Proportion of non-liquid assets in shares and purifications 325
11.1.5 Purification of dividend including from 401(k) plan 328
11.1.6 Non-Halal income to be given in charity 330
11.2 Company matters 331
11.2.1 Launching a company on the Stock Exchange 331
11.2.2 Financial model of a property investment company 332
11.2.3 Providing software services to Fund Managers 334
11.2.4 Partnership and issues in its termination 336
11.3 Commission agent / broker 339
11.3.1 Acting as commission agent for non-Shari'ah investment 339
11.3.2 Acting as agent for installation of ATM Machines 340
11.3.3 Charging commission in indenting business 340
11.3.4 Importing goods illegally as a broker 341
11.4 Buying and selling of Gold 342
11.4.1 Buying / selling of gold on deferred payment basis 342
11.4.2 Trading in gold on behalf of clients 342
11.4.3 Commission on selling Gold given on loan 343
11.5 Copyright protection 344
11.5.1 Copyright in Islam 344
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11.5.2 Protection of copyrighted software 347

11.5.3. Intellectual properties recognised in Shari'ah 347
11.5.4 Business based on copy software 347
11.6 Permissibility of the type of business 350
11.6.1 Business of some food items 350
11.6.2 Business of manufacturing Aerosol 350
11.6.3 Manufacturing Diamond crosses 350
11.6.4 Dealing in Ammunition for hunting the animals and birds 351
11.6.5 Participating in a business which also has interest income 351
11.6.6 Day trading in shares 352
11.6.7 Selling and buying shares through the internet 353
11.7 Business issues 353
11.7.1 Paying off interest-based finance as priority 353
11.7.2 Profit & loss sharing among investors & the working partner 353
11.7.3 Salary for the working partner in a partnership 354
11.7.4 Profit & loss both to be shared in a business 355
11.7.5 Permissible to change the ownership share in a Musharikah 356
11.7.6 Securitizing the assets without legal ownership of assets 356
11.7.7 Profit in a business can be a percentage, not fixed amount 357
11.7.8 Being transparent in keeping margin in sale 358
11.7.9 Opening store/shop on a Friday 359
11.7.10 Paying minimum wage as an obligation 359
11.7.11 Credit Insurance on receivables 360
11.7.12 Hedging the receivables with Gold Bullion 360
11.7.13 Difference in Cash & Deferred Payment price 360
11.7.14 Discount on Pre-Payment of a Debt 361
11.7.15 Free credit by bank on purchase 361
11.7.16 Asking for a discount in a signed contract 361
11.7.17 Delay penalty in a construction contract 362
11.7.18 Penalty clause in an Istisna contract 362
11.7.19 Sale/ Purchase of Textile Export Quota 362
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Business 323
11.7.20 Selling Diwali fireworks, Christmas cards or religious photos 364

11.7.21 Fee for safe-keeping of mortgaged asset 365
11.7.22 Cancellation of sale & return of assets sold 365
11.7.23 Confiscation of down payment in cancellation of a deal 367
11.7.24 Commission to employee doctors of a clinic 368
11.7.25 Forcing minority shareholders to sell their shares 368
11.7.26 Use of capital by Mudarib after Mudarbah is terminated 369
11.7.27 Can impermissible stock be owned by a Charity 370
11.7.28 Paying in charity on behalf of the owner you cannot trace 370
11.7.29 Clearing old unclaimed account balances 371
11.7.30 Bank Drafts issued but not presented for payment 372
11.8 Business transactions 373
11.8.1 Sale out of goods already sold 373
11.8.2 Repurchase of goods sold 374
11.8.3 Selling of receivables 374
11.8.4 Sale of Rotten Dates 377
11.8.5 Purchase through instalment system 378
11.8.6 Fixing sale price before fruit appears on trees 378
11.8.7 Charging subscription fees after selling it as free 379
11.8.8 Refund of School Fees 380
11.8.9 Earning by deceiving 380
11.8.10 Purchasing items from duty free shop fictitiously 380
11.8.11 Selling goods to a person with impermissible earnings 381
11.8.12 Purchasing extension of warranty 382
11.9 Lottery and rewards program 383
11.9.1 Marketing program incorporating a Lucky Draw 383
11.9.2 Winner of a lottery, not contributing any money 385
11.9.3 Drawing lots for an award or gift 385
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11.1 Investments and purification of non-Halal sources

11.1.1 Investment in shares & government securities
Q) Is it permissible to invest in shares and government securities.
A) Dealing in equity shares can be acceptable in the Shari'ah subject to the
following conditions:
1) The main business of the company is not in violation of the Shari'ah.
Therefore, it is not permissible to acquire the shares of the companies
providing financial services on interest, like conventional banks,
insurance companies, or the companies involved in some other business
not approved by the Shari'ah, such as the companies manufacturing,
selling, or offering liquors, pork, Haram meat, or involved in gambling,
night club activities, pornography etc.
2) If the main business of the companies is Halal, like automobiles,
textile, etc. but they deposit their surplus amounts in an interest-bearing
account or borrow money on interest, the shareholder must express his
disapproval against such dealings, preferably by raising his voice against
such activities in the annual general meeting of the company.
3) If some income from interest-bearing accounts is included in the
income of the company, the proportion of such income in the dividend
paid to the shareholder must be given charity and must not be retained by
him. For example, if 5% of the whole income of a company has come out
of interest-bearing deposits, 5% of the dividend must be given in charity.
4) The shares of a company are negotiable only if the company owns
some non-liquid assets. If all the assets of a company are in liquid form,
i.e., in the form of money that cannot be purchased or sold, except on
par value, because in this case the share represents money only and the
money cannot be traded in except at par.
11.1.2 Dealing in shares of insurance and leasing companies

Q) I want to know if I deal with insurance and leasing companies (stock
exchange) shares for buying and selling, not dividend, is it allowed or not.
A) Since the present insurance and leasing companies are involved in certain
impermissible activities like interest etc, it is not permissible to purchase and
sell their shares.
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11.1.3 "Badla" transaction in shares

Q) I am associated with a large commercial group of Pakistan. This group
also has business ventures in the field of Shares and Stocks.
My dilemma is that, being a senior management employee of the group, I am
often asked by our clients and customers, about the view of Shari'ah and Fiqah
regarding Badla transaction at the Karachi Stock Exchange.
I am confident, Sir, that your knowledge and perception of transaction is all
encompassing, however, I feel obligated to provide all the information I have
regarding this transaction since I have asked the question.
The mechanics of the transaction is as follows:
1) The Buyer purchases the securities/shares from the seller at a fixed price.
2) The Buyer makes payment of the purchase price to Karachi Stock
Exchange, which reimburses the seller i.e. the member of Stock Exchange
through their clearing system.
3) The Stock Exchange delivers the securities/shares to the buyer.
4) At the time of making the purchase transaction the buyer also
promises to sell the same securities/shares to the original seller and
deliver the securities/shares to him at a future date at a fixed price.
5) The purchase price of the current transaction and sale price of the
future transaction are fixed at the same time and contracts also exchanges
simultaneously.
6) The sale price is always higher than the purchase price.
7) The difference between the sale and purchase price is determined by
the demand and supply position of the commodity i.e. securities/share.
A) The transaction of Badla as explained by you in your question is not
permissible according to Shari'ah, firstly because it is a device actually meant
for having an interest-bearing loan, and secondly because the second sale is
in fact a condition for the first one. The Holy Prophet ‫ ﷺ‬has prohibited a sale
conditional to another sale.
11.1.4 Proportion of non-liquid assets in shares and purifications

Q) What should be the exact proportion of non-liquid assets of a company
for the negotiability of its shares.
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A) The contemporary scholars have different views about this question.

Some scholars are of the view that the ratio of non-liquid assets must be 51%
at the least. They argue that if such assets are less than 50%, most of the assets
are in liquid form, therefore, all its assets should be treated as liquid on the
basis of the juristic principle: The majority deserves to be treated as the whole
of a thing. Some other scholars have opined that even if the non-liquid asset of
a company are 33%, its shares can be treated as negotiable.
The third view is based on the Hanafi school. The principal of the Hanafi
school is that whenever an asset is a mixture of a liquid and non-liquid assets,
it can be negotiable irrespective of the proportion of its liquid part. However,
this principle is subject to two conditions:
First, the non-liquid part of the mixture must not be of a negligible quantity. It
means that it should be in a considerable proportion. Second, the price of the
mixture should be more than the price of the liquid amount contained therein.
For example, if a share of 100 dollars represents 75 dollars, plus some fixed
assets the price of the share must be more than 75 dollars. In this case, if the
price of the share is fixed as 105, it will mean that 75 dollars are in exchange
of 75 dollars owned by the share and the rest of 30 dollars are in exchange
of the fixed asset. Conversely, if the price of that share fixed as 70 dollars, it
will not be allowed, because the 75 dollars owned by the share are in this case
against an amount which is less than 75. This kind of exchange falls within
the definition of "Riba" and is not allowed. Similarly, if the price of the share,
in the above example, is fixed as 75 dollars, it will not be permissible, because
if we presume that 75 dollars owned by the share, no part of the price can be
attributed to the fixed assets owned by the share. Therefore, some part of the
price (75 dollars) must be presumed to be in exchange of the fixed assets of the
share. In this case, the remaining amount will not be adequate for the price of
75 dollars. For this reason, the transaction will not be valid.
However, in practical terms, this is merely a theoretical possibility, because
it is difficult to imagine a situation where a price of the share goes lower than
its liquid assets.
Subject to these conditions, the purchase and sale of shares is permissible
in the Shari'ah. An Islamic equity fund can be established on this basis. The
subscribers to the fund will be treated in the Shari'ah as partners "inter se."
All the subscription amounts will form a joint pool and will be invested in
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Business 327
purchasing the shares of different companies. The profits can accrue either
through dividends distributed by the relevant companies or through the
appreciation in the prices of the shares. In the first case (i.e. where the profits
are earned through dividends), a certain proportion of the dividend which
corresponds to the proportion of interest earned by the company must be given
in charity. Contemporary Islamic funds have termed this process purification.
Shari'ah scholars have different views about whether the purification is
necessary where the profits are made through capital gains (i.e. by purchasing
the shares at a lower price and selling them at a higher price). Some scholars
are of the view that even in the case of capital gains the process of purification
is necessary because the market price of the share may reflect an element
of interest included in the assets of the company. The other view is that no
purification is required if the share is sold, even if it results in a capital gain.
The reason is that no specific amount of price can be allocated for the interest
received by the company. It is obvious if all the above requirements of the
Halal shares are observed, most of the assets of the company are Halal and
a very small proportion of its assets may have been created by the income
of interest. This small proportion is not only unknown, but also negligible
compared to the bulk of the assets of the company. Therefore, the price of
the share, in fact, is against the bulk of the assets, and not against such a
small proportion. The whole price of the share, therefore, may be taken as
the price of the Halal assets only. Although this second view is not without
force, yet the first view is more cautious and far from doubts. Particularly, it
is more equitable in an open-ended equity fund because if the purification is
not carried out on the appreciation and a person redeems his unit of the fund
at a time when no dividend is received by it, no amount of purification will be
deducted from its price, even though the price of the unit may have increased
due to the appreciation in the prices of the shares held by the fund. Conversely,
when a person redeems his unit of the fund at a time when no dividend is
received by it, no amount of purification will be deducted from its price, even
though the price of the unit may have increased due to the appreciation in the
prices of the shares held by the fund.
Conversely, when a person redeems his unit after some dividends have
been received in the fund and the amount of purification has been deducted
therefrom, reducing the net asset value per unit, he will get a lesser price
compared to the first person.
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328 Business
On the contrary, if purification is carried out both on dividend and capital

gains, all the unit-holders will be treated at par with regard to the deduction
of the amounts of purification. Therefore, it is not only free from doubts but
also more equitable for all the unit-holders to carry out purification in the
capital gains. This purification may be carried out on the basis of an average
percentage of the interest earned by the companies included in the portfolio.
The management of the fund may be carried out in two alternative ways. The
managers of the fund may act as mudaribs for the subscriber. In this case a
certain percentage of the annual profit accrued to the fund may be determined
as the reward of the management, meaning thereby that the management will
get its share only if the fund has earned some profit. If there is no profit in the
fund, the management will deserve nothing, but the share of the management
will increase with the increase of profits.
The second option of the management is to act as an agent for the subscribers.
In this case, the management may be given a pre agreed fee for its services.
This fee may be fixed in lump sum or as a monthly or annual remuneration.
According to contemporary Shari'ah scholars, the fee can also be based on a
percentage of the net asset value of the fund. For example, it may be agreed
that the management will get 2% or 3% of the net asset value of the fund at the
end of every financial year.
However, it is necessary in the Shari'ah to determine any of the aforesaid
methods before the launch of the fund. The practical way for this would be to
disclose in the prospectus of the fund on what basis the fees of the management
will be paid. It is generally presumed that whoever subscribes to the fund
agrees with the terms mentioned in the prospectus. Therefore, the manner of
paying the management will be taken as agreed upon on all the subscribers.
11.1.5 Purification of dividend including from 401(k) plan

Q) 1) Our understanding is that when a portion of a company’s income
comes from non-Halal sources, one should sell the stocks of that company
and give the appropriate percentage of Sadaqah Wajiba on the gain. For
example if one has bought those stocks for $1000 and sold for $1200, one
should give the appropriate percentage of Sadaqah Wajiba on the gain of
$200. Is that correct.
2) Effect of Tax Time: When one liquidates the stocks, in some cases,
Chapter 11
Business 329
the broker as a law is not required to withhold any taxes and can give the
total proceeds of these stocks to owner. The taxes on these proceeds will
have to be paid at tax time which will be the following year. So when
one receives this money and need to take out sadaqah how should he do
it. One option is to take out sadaqah on the entire amount, then at the
tax time he will end up paying taxes on the proceeds have already paid
sadaqah on the tax amount as well. The second option is that he give
sadaqah on the amount of proceeds minus the estimated tax amount and
then at tax time calculate the exact tax and give out the sadaqah on the
balance amount. Please advise if the second option is permissible. Also
please advise what is the right way to take out the sadaqah if either of the
options is not correct.
3) Companies offer 401(k) plan a type of retirement plan that allows
employees to save and invest for their own retirement. Through a 401(k),
one can authorize the employer to deduct a certain amount of money
from his paycheck before taxes are calculated, and to invest it in the
401(k) plan. Mostly people choose to invest in stocks, bonds and other
investment options.
So when one liquidates stocks in 401(k) plan because of the non-Halal
earnings, the entire proceeds go to another rollover account. Now when
one withdraws money out of that account, the revenue service charges a
penalty of 10% for withdrawal if the owner is younger than 59.5 years of
age and also taxes on this money but these won’t happen until tax time
the following year just like the question above. So the question is, how
should one take our sadaqah on this money. Should the purification be
done immediately before the owner draws any benefit from the disposal
of stocks or it can be postponed until the tax time of next year.
A) 1) Purification of the dividend by giving proportion of impermissible
income in charity is obligatory according to consensus of the contemporary
scholars. However, with regards to capital gain there is difference of
opinion. Some scholars are of the view that no purification is necessary
in the case of capital gain, while others are of the opinion that capital gain
should be purified. Obviously the second view is free from any doubt and
it is preferable to act upon it.
2) Sadaqah should be given after deducting the estimated tax amount
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330 Business
but if the actual tax paid was less than the estimated, proportion of sadaqah
should also be taken out from difference between the two.
3) So far as the person has a clear intention to purify the income by
giving the impermissible proportion to charity he can postpone doing so
until the relevant authorities fix the amount of tax.
11.1.6 Non-Halal income to be given in charity

Q) 1) When a portion of company’s income comes from non-Halal sources,
we need to give Sadaqa Wajiba on stock (shares) sale. I understand that
money can be given to people eligible for Zakat. Where else can one
spend Wajibut tasadduq (necessary to dispose of in charity) money. For
example,
- Non-Muslim charity (USA Blind Association)
- Poor Family of Banu Hashim (Syed) in India
- Building or repairing an Islamic Centre (masjid) in USA
- English Literacy program in School or Darul Uloom
- Establishment of a hospital/blood bank/Pathological lab /Ambulance
service
A) All the conditions put by Shari'ah for the recipients of Zakat are not
applicable to the amount earned through impermissible means, which is to be
given in charity. The basic difference between the recipients of Zakat and the
recipients of this impermissible income are as follows:
1) Zakat cannot be given to a person from Banu Hashim (a Sayed) but
this type of money can be given to him.
2) Zakat cannot be given by a husband to his wife or vice versa nor by
a father to his son or vice versa but this type of money can be given by a
husband to his wife if she is poor or by a wife to her husband if he is poor.
Similarly it can be given by a father to his son if the son is adult and poor
and by son to his father if he is poor.
3) The conditions of Tamleek (making the recipient the owner of
money) is not necessary for such type of money. Therefore, this amount
can be given to any charitable institution for all charitable purposes.
Chapter 11
Business 331
4) It is not necessary in such kind of money that it is given to a Muslim

only. Therefore, it can also be given to poor non-Muslims.
The reason behind this difference is that this donation is not a Zakat, instead
it is a general donation on behalf of the original lawful owner of the amount
who is unknown. Therefore, for paying a general donation it can be applied to
all charitable purposes and not only for those who are entitled to Zakat. Hence
all the names listed in your question are eligible to receive this type of money.
However, it should be kept in mind that we in Darul Uloom have a separate
account for such amount which is used only for the poor. We do not use such
money in the basic activities of Darul Uloom and this is only as a matter of
precaution.
11.2 Company matters
11.2.1 Launching a company on the Stock Exchange

Q) In reference to your book "An introduction to Islamic Finance", you have
inferred to the launch of a company in the stock exchange by quoting very
valid example of Waqf, Bait-ul-Mal, Joint Stock, inheritance under debt and
limited liability of the master of a slave. In the book you have mentioned the
issue of limited liability, being a modern issue, which requires a collective
effort to find out its solution in the light of Shari'ah, the above discussion
should not be deemed as final verdict on the subject.
We are a private limited Company (textiles) planning to launch our Company
on the stock exchange. As we have taken a stern decision Alhamdulillah (under
the able guidance of Darul Uloom, Karachi) that we will stop borrowing
money from any of the interest-based loans and made "tauba" to our previous
deeds, we bestow to our stance that we will try to abide by the law of Divine
to fulfill and to impart our duties in conjunction of Islam. To ensure that we are
on the right path, for guidance turn to your side in envisaged in this respect.
I am not sure if I have taken the right course by using exploring/highlighting
this issue.
A) Dear brother you can launch the company by listing it in stock exchange
with the following conditions:
1) Underwriting fee is not paid.
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332 Business
2) The company binds itself in its articles that it will carry all its business
in conformity with Shari'ah.
3) It is also made binding that no finance will be acquired on the basis
of interest.
11.2.2 Financial model of a property investment company

Q) I am seeking your help in respect to a request that has been made by my
son who is engaged in property business in the UK. He and his colleagues
have prepared two proposals and have asked me to give my opinion about
their shariat compliance.
To be very frank I do not regard myself competent to express such an opinion.
That is why I am seeking your personal help with the request to look into
these proposals and give your opinion. Please let me know if they are Shariat
Compliant; if not what modification or revision is needed.
Company Objective:
Purchase property in the UK in need of renovation and then sell the property
for a profit after works are completed. Spend up to a maximum of 3 years on
a project to buy, renovate and sell.
Financial Model 1:
The company is to operate on the Mudarabah model. Investors will put funds
into the company and the management will offer its expertise. In return for
its expertise, the management will charge a yearly management fee and
performance fee.
The company has a target to achieve between 6% and 8% net return on
investment per annum. This return will be accumulated and payable on the
completion of the project. If however the company is able to achieve greater
than 8% net return on investment per annum, the management tends to get a
performance fee, which will be a percentage of the "additional" return it has
been able to achieve.
The investors will be 100% shareholders in the company; hence will own
100% of the assets purchased by the company. Their initial investment will
be classed as shareholders loan to the company which will be returned full
on completion of the project. The profit made will be returned back to the
Chapter 11
Business 333
investor/ shareholder in the form of dividend after deducting local corporation

tax. Once the project is complete, the company will be closed down.
The investors will be aware of the benefits and risks involved in the project.
Financial Model 2:
The Company is to operate on a combination of wakala and juala basis. Investor
will put funds into the company and the management will offer its expertise.
In return for its expertise, the management will charge a yearly management
fee and performance fee.
The company has a target to achieve between 6% to 8% net return on investment
per annum. This return will be accumulated and payable on the completion of
the project. If however the company is able to achieve greater than 8% net
return on investment per annum, the management tends to get a performance
fee of the "additional" return it has been able to achieve.
The investors will be 100% shareholders in the company, hence will own
100% of the assets purchased by the company. Their initial investment will
be classed as shareholders loan to the company which will be returned full
on completion of the project. The profit made will be returned back to the
investor/ shareholder in the form of dividend after deducting local corporation
tax. Once the project is complete, the company will be closed down.
The investors will be aware of the benefits and risks involved in the project.
The question is which model is more acceptable under the Shari'ah law. If
there are any changes that need to take place, could they be kindly identified
so that they are addressed.
A) Financial model 1:
This model is Shari'ah compliant with the following modifications:
1) The proportion of profit to be distributed between the investors and
the company must be determined at the very outset. For example, it must
be determined that 60% of the profit will be deserved by the investors
and the 40% for the manager or vice-versa or any other proportion to
the actual profit, and not to the investment. However, it may be provided
in the agreement that if the actual profit exceeds 8% of the investment,
additional profit will be distributed with a different percentage.
2) The share of the management should not be named as "management
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fee". Instead it should be named as "management share" in the profit.

Similarly "performance fee" is not a correct word; it should be replaced
by "incentive share".
3) If the initial investment is classed as shareholders loan of the
company for tax reasons, it maybe be tolerated, but it cannot be stipulated
in the contract that all this amount will be returned in full to the investors
even if the project faces a loss.
4) The profit must be determined and distributed after the project is
sold and not only on its completion. Similarly it cannot be provided in the
agreement that the management will purchase the completed project at a
pre-agreed price. However, without stipulating this in the agreement, it
may be permissible that the project is purchased by the management with
the consent of the investor at an agreed price at that point of time.
Financial Model 2:
In fact in this proposal there is no juala. It is simple wakala. For that purpose
wakala fee must be determined in lump sum before entering into a wakala
agreement. It may also be provided that if the profit exceed 8% the wakeel i.e.
company will be entitled to an extra pre-agreed fee or a certain percentage of
the additional profit.
Point 3 and 4 in Mudaraba are also applicable in this case.
11.2.3 Providing software services to Fund Managers

Q) One of the areas that has been bothering me is my work and source of
income.
I am concerned that what I am doing may not be Halal, but I am in a pretty
tough situation on what next steps to take. Let me elaborate further.
My company is a Financial Services Technology Company. I am one of the
shareholders and also the CEO.
We are a product-based company where we offer a workflow software
application system to Asset Managers including mutual funds, brokers and
hedge funds. Our software system forms the backbone of our clients and
allows them to efficiently run and manage their business.
When you think about the Asset management industry there are 2 primary
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building blocks. One, decision making i.e. where to invest and secondly,
which is where we provide service, is efficiently Implementing and monitoring
these decisions. This includes buying or selling the investments or derivative
(Options, futures), accounting for the investment cash flows, reporting on its
returns, managing compliance and managing risk around the portfolio.
Our company works with clients on implementation and monitoring these
investments through software and service. Our business model is simple, we
charge a recurring license and services fee to our clients for using our software
application system. Our software application system can be used for all types
of investments, whether Shari'ah compliant or not.
The concern is that our clients invest in all sorts of assets - this includes all
the assets which are based on interest and are not Shari'ah compliant. Further,
I would not know whether they are investing for long-terms investing or for
speculation. It is extremely difficult for me to pick my clients based on what
and why they are investing.
So, my first question is that am I in the non-Shari'ah compliant business and
therefore my income is not Halal.
My second question relates to how to get out of the business if it is not Shari'ah
compliant.
We have two companies interested in buying our company.
The problem is that in any such sale transactions, I will have to commit for 2
years to the new company so as ensure smooth transition to the new buyer. It
is hard for me to walk away as I have commitments to my other shareholders
and employees who are relying on me as the shareholder and CEO.
I pray daily to Allah ‫ ﷻ‬to help me through this process and help me get out of
this situation in a beautiful way so I can keep my commitments and promises
that I have made. I am just concerned that if Allah ‫ ﷻ‬takes me during this
transition, that I am not punished. I am very sincere in that I truly want to sell
and move on but feel so helpless as so many things are not in my control.
A) If the work of your company is restricted to providing a software for Fund
Management companies and the software may be used both for Halal and
non-Halal investments, then your business and its income cannot be declared
as Haram. However, if you know the majority of your customers is using it in
Haram activities, then it is not free from karahah (not advisable).
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And, if your business is not restricted to providing software, but includes the
services of implementing and monitoring non-Shari'ah compliant investments,
the business is not Halal to that extent. In this case you should make a firm
decision to get out of it as soon as possible, but in the intervening period, you
keep making istighfar. As soon as you take this firm decision and take steps
towards it, it is hoped that Allah Ta’ala may forgive you during the period
actually required for the process.
11.2.4 Partnership and issues in its termination

Q) Zaid and Amr entered into a partnership in a business that was indebted.
The partnership was on a 50/50% basis. There was no written agreement
between the partners. Zaid claims that they have entered into the partnership
for a period of three years only. Amr claims that the partnership was not set
for three years and he is a partner until today. He claims that they have entered
into the partnership on this understanding that since the business was indebted;
they will assess the business after three years and decide on the way forward.
Prior to the expiry of three years, Zaid reminded Amr that three years is
about to expire and we should prepare to terminate. Zaid proposed to sell
the business. Amr then offered his 50% share to Zaid but he refused. Zaid
suggested that since my son (Bakr) is in the employment of the company; lets
sell the business to him. Amr was prepared to sell the business to Bakr (Zaid’s
son), but objected that he (Zaid) cannot negotiate on behalf of his son as this
is conflict of interest.
Thereafter Amr suggested that instead of selling the business to Bakr, he is
prepared to purchase the business. Zaid and Amr started negotiating. Since the
property belonged to Zaid, a lease and rental was negotiated and even agreed
upon between Zaid and Amr for a fixed period of 10 years (5+5 optional lease)
for a fixed price. The following day Zaid approached Amr and mentioned to
him that he was not happy on what was agreed regarding the lease and rental.
Zaid suggested that the fixtures and fittings be removed from his property and
be sold. Amr agreed and suggested that since Zaid will eventually restart a
business, he buy the fixtures and fittings. Zaid agreed to purchase the fixtures,
fittings, vehicles, office equipment etc. and both began negotiating a price.
During negotiation Zaid and Amr had a deadlock and could not come to an
agreeable price. In a fit of frustration Amr told Zaid, since you want it for
a ridiculous price, you can have it but I am not happy and walked out of
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the business since. It must be pointed out that when Amr walked out of the
business, the business was indebted. After Amr has left the business, Zaid sold
it to his son Bakr, who is now running the business. Zaid sold the business to
his son unilaterally without consulting Amr who was a partner to the business.
It must be pointed out that:
1) When Amr left the business, Zaid had recorded the stock of the
business.
2) Amr had obtained a letter from the accountant that states he is not
a partner in the business. However, Amr claims that he has done so to
avoid SARS (South African Revenue Services) charging him taxes for
the business.
Amr claims that negotiations on the purchase and sale of the shares of the
business was informal, therefore, he is still a 50% shareholder of the business
Bakr presently owns and runs from his father.
As arbitrators in the above dispute we are faced with the following difficulty
and therefore have the following questions:
1) Is the partnership valid. If the partnership is valid, is it valid for three
year or indefinitely.
2) Since there was no formal dissolution of the partnership as Amr
claims. Is he still considered to be partner in the business or not. Will he
be considered a partner till the day Zaid sold the business to Bakr or is
considered a partner till now.
3) Is the sale of the business to Zaid’s son correct without the
permission of Amar, Zaid could say that the property belongs to him and
the partnership between him and Amr cannot be indefinite.
4) In this case, where the parties do not have material evidence, except
the letter Amr obtained from the accountant, what is the Shari'ah process
to judge the issue.
Do we rely only on probabilities and issue a ruling or do we apply the principle
of "The Muda’ee (plaintiff) should provide witnesses, and the defendant will
take an oath". If we go by this principle, who would be the Muda’ee and who
would be the Muda’ Alayhi.
A) We need to know first how the partnership came into existence. It appears
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from your question that the business was already established by one of the
partner which was indebted. Then, another joined him on 50/50 basis. The
question is how the second partner joined the business and how the proportion
of investment of each partner was determined, and on what basis, and whether
or not indebtedness was taken into account at that point.
Q) Hereunder are responses to your queries:
1) Both partners had their independent business. The business of one
partner was indebted. The partner whose business was not indebted
formed a partnership with the other partner on this condition that "I will
sell my business and put the money into the indebted business". Both
partners agreed to assume the responsibilities of the debt equally.
2) The agreement was on 50/50 basis.
3) The investment of the other partner was all the proceeds of the sale of
his business which was sold to pay the debt of the indebted business.
A) As one partner contributed cash proceeds of his business, and the other
entered into Shirkah with his business assets, it was "shirkah-bil-arooz", which
is not valid in Hanafi mazhab. In Maliki mazhab it is valid on condition that all
liquid assets are valued at the time of entering into shirkah, which, apparently,
was not. As such, it was "Shirkah fasida" according to both mazhabs. They should
have dissolved it, but when they did not do so, it turned into "shirkat-ul-milk",
and the share of each partner was independent each one of them being alien to
the share of the other, and each deserving a profit of his own share exclusively.
When Zaid sold his business to his son, this sale was valid to the extent of his
own share, and not with regard to the share of Amar. Since Amr did not validate
his sale, the tasarruf of Bakr in Amar’s share was that of ghasib. All the profit
accrued to the share of Amr is "milk khabith" in the hands of Bakr, which was to
be given in sadaqah, but certain fuqaha have allowed that it should be given to
the real owner, because the khubth was caused by the violation of his right.
Based on above, Amr is entitled to get the profit that accrues on his share even
after the sale of the business to Bakr. If the proportion of investment of every
partner is known, the profit must be calculated on that basis, because it was
turned into shirkat-ul-milk as aforesaid. However, if the exact proportion of
investment cannot be known it should be deemed 50/50. This is what appears
to me to be the position according to the principles.
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11.3 Commission agent / broker
11.3.1 Acting as commission agent for non-Shari'ah investment

Q) Agents from various financial institutions visit me and try to obtain some
kind of investment. I, Alhamdulillah, do not invest into Riba/interest-based
instruments. As usual they ask if I can introduce them to some of my friends
who are wealthy or might invest with them. One of such agents offered me a
share of his commission in return for my introduction.
I have few social friends with good understanding who trust my advice on
relevant matters. I introduced some of my friends to this agent.
I advised my friends that I should not be responsible for any investment you
indulge into. I also do not advise anyone as to which type of investment, he or
she should get into through this agent.
My only recommendation is that the person I am sending to them is reliable for
investment advice and that they should satisfy themselves for the investment.
Please Advise: If I receive any commission based on percentage of the amounts
invested:
1) On interest basis
2) On non-interest basis but the capital is guaranteed.
3) On the bases that return is not fixed but shall not be less than a certain
percentage.
Would this commission be Halal for me, if not then can I give this amount to
charity, Islamic institution or the needy.
A) Any investment scheme which is based on interest or where the capital or
any part thereof is guaranteed by the person using the money, while the profit
is uncertain, is not permissible in Shari'ah. It is also not permissible to act as
an agent for such investment or to receive a fee for that service. You should
discontinue this practice in future and the fee you have charged for it in the
past must be given in charity. However, if the investment is designed on the
Islamic basis of Musharakah or Mudarabah you can act as an agent for that
and it is also permissible for you to charge a fee for the service you render in
this regard.
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11.3.2 Acting as agent for installation of ATM Machines

Q) A friend of mine is in ATM (Automatic teller machine) business. Actually,
he is an independent contractor. As you notice, ATM machines are available in
convenience stores, bus stops, and other public places etc. in U.S.A. These are
not necessarily installed by Commercial Banks. There are leasing companies
which most of the times install the machines for free.
There is a charge which customer pays while withdrawing his or her money
from checking and/or credit card account. This money is split between leasing
company, processing company (which processes transactions) and the client
(who provides place for ATM machine). My friend is only entitled to get his
commission for providing the clients who let these companies install their
machines at their sites. Apparently, he is not working for a bank. According
to him, they just provide service/convenience to the account holder who by
using their service may save time to go to his bank for withdrawing his or
her money. There is no element of interest (Riba) involved. There are service
charges only. He would like to know; is his earning Halal or not. Should he
continue working as independent contractor for such leasing/sale companies
on commission basis or not. He is highly paid. He has spent about 3 years
working for such companies.
A) The service provided by the ATM is not Haram. The amount charged
from the customer is a service charge and not an interest. Your friend acts as
a mediator or as a broker for the installing company to find out persons who
can provide their sites for the installation of machines, meaning thereby that
the installing company hires the place of these clients and your friend acts
as a broker for this hiring transaction. Since the ATM service and the hiring
transaction are affected between installing company and the clients, both are
Halal transactions. Your friend may act as a broker or as a commission agent for
the installing company for this restricted purpose. His income derived through
commission charged by him from the installing company is also Halal.
11.3.3 Charging commission in indenting business
Q) Indenter’s role being an indenter, I have connection with international
tea suppliers. Local buyers come to me and demand for "A" particular tea in
region "X". On their behalf I explore the market internationally, negotiate with
the supplier, and finalize the deal. For all these service, I charge a percentage
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commission from the supplier/local buyer. Now the question is: am I allowed
to charge commission from both the parties i.e. supplier and local buyer or
from one of the respective party only.
For example: The situation goes like this, a local buyer comes to me and
demands for A brand at USD 2/kg, I ask for 1% commission in advance on
offering these services. I start exploring the market internationally, my supplier
quotes, USD 2.5/kg with 2% commission from supplier as well. Now I start
negotiating with the supplier and buyer and eventually finalize the deal at
USD 2.2/kg with 1% commission from my buyer and 2% commission from
my supplier. I keep secret from both the parties that I am charging commission
from both sides and seemingly they are under the impression that I am charging
commission from one side only, usually from the buyers side, however they
don’t ask. In Islam is it allowed to charge %age commission from both the
parties without informing either of the party about the commission.
A) Your business according to Shari'ah is one of brokerage which is
permissible and it is lawful for you to charge a commission for your services
from both sides. It is advisable that you disclose to each party that you are
charging the brokerage commission from both sides. However, if you do not
disclose the commission charged from the other party it will not render the
commission impermissible. However if the terms are clearly agreed upon with
the concerned party it is enough for the permissibility of the commission you
charge from him.
11.3.4 Importing goods illegally as a broker

Q) Sir, I want to ask a question regarding trading. The scenario is that there
is a product (finger scanner) made by a company who has office in UAE.
Now if I ask the company to provide me the rates of the product they quote me
very high prices. While if I buy it from other international market and import
it in UAE I find it cheaper. According to the UAE law I cannot import the
product if the company is sitting in UAE. But as they are charging high prices
I can import cheaper (if I do not mention the brand name of the company on
the import documents).
Please advise can I import the product myself (will it be Halal if I earn profit
from it this way)
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A) Your business according to Shari'ah is one of brokerage which is

permissible and if this type of arrangement is illegal, you cannot do it, because
as a citizen or resident of UAE you have committed yourself to be bound by
its laws, unless they compel you to do an act prohibited by Shari'ah, which is
not the case here.
11.4 Buying and selling of Gold
11.4.1 Buying / selling of gold on deferred payment basis

Q) Can a bank enter into a Murabaha agreement with a customer for gold,
where bank is selling on markup and the customer will pay the amount on a
future date (in installments).
The current price of gold is lesser than the bank is selling to its customer on
deferred payment basis.
A) Most of the contemporary Shari'ah scholars do not allow the banks to sell
or purchase the gold on deferred payment basis. Therefore, no Murabaha can
be affected on gold.
11.4.2 Trading in gold on behalf of clients
Q) Ama`na wishes to start trading in gold on behalf of clients for a
commission. The chairman of Ama`na likes to have your observations on the
procedure envisaged, which is as follows:
1) The client orders Ama`na to purchase a certain quantity of gold at a
decided price or at current price. The client pays the amount necessary to
Ama`na in cash, cheque or a Debit Advice from a Mudharabah account.
2) Ama`na will purchase the required quantity from a conventional
bank by paying them in cash, cheque (bearing current date) or a debit
advice. The bank will make entries in their books that the quantity is sold
to Ama`na. It is not known whether the bank will have gold in possession
or whether it will purchase in turn from elsewhere. The gold purchased
by Ama`na is not identified or released to Ama`na.
3) Upon the client’s advice to sell, Ama`na will advise the bank to
sell. The bank will sell a similar quantity to a buyer, and credit Ama`na’s
account. Ama`na will in turn release the proceeds to the client or credit
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to his Mudharabah account. Ama`na and the bank may deduct the agreed
commissions from both the transactions or one of them. Please let us
know whether the above procedure is Shari’ah Compliant.
A) With regard to your question about trading in gold on behalf of clients for
a commission, the only objection on the proposed procedure is that the gold
purchased by Ama`na is not identified or released to Ama`na, as mentioned
in paragraph #2 of your question. According to Shari'ah it is necessary that
the gold purchased by Ama`na is identified and possessed either by Ama`na
itself or by one of its agents authorized by it on its behalf. If this requirement
is fulfilled, the proposed arrangement is acceptable.
11.4.3 Commission on selling Gold given on loan

Q) Our Company acts as a broker and buys and sells Gold on behalf of
clients for a commission. The Gold is held by a custodian. Our company is
also an owner of Gold and buys and sells its own Gold as well. Now we have
a demand from clients for a loan of physical Gold. We would give them a free
loan of Gold. They would take this loan of Gold from us and sell it through
us. We would charge them only the regular selling commission that we are
charging on every transaction and will not charge them anything extra for the
loan. Is this permissible. The benefit to us is that more trading takes place on
our platform where otherwise the Gold would be lying idle in the vaults. Our
security for the loan is that the sales proceeds are in our custody. The loan of
Gold is for a defined period, perhaps not exceeding three months. At the end
of this period the customer returns to us the same quantum of Gold.
A) The loan transaction as proposed may be permissible with the following
conditions:
1) The loan transaction should not be conditional to your acting as an
agent for the Loanee to sell the Gold in the market. However, after giving
him the Gold as a loan you can act as such by an independent agreement.
2) You have said that you would charge the loanee only a regular selling
commission that you are charging on your normal transactions, and you
act as a broker and buy and sell the Gold on behalf of your client.
However, in the proposed transaction you would not buy the Gold on his
behalf instead you will sell it in the market, while you had already advanced
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him the loan. Therefore, the commission should be less than the commission
charged on your normal transaction. In other words, you will charge him only
for selling the Gold and not for buying it as you do in your normal transaction.
11.5 Copyright protection
11.5.1 Copyright in Islam

Q) Can you please explain the Islamic injunctions about the "copyright",
especially about the copyright on computer software. The questions are:
1) Can we register a book under the copyright Act which bars the people
from publishing that book without the permission of the copyright holder.
2) If something is registered under the law of copyright, should we
abide by the restrictions imposed by that law.
3) Can a copyright holder sell his right of publishing to another person
for a monetary gain.
A) The question of "copyright" is related to a wider concept, generally
known as the concept of "intellectual property". In previous days the concept
of ownership was confined to those tangible commodities only which can be
perceived through our five senses. But the speedy progress in the means of
communication gave birth to the new concept of "intellectual property" which
extended the concept of ownership to some intangible objects also. The theory
of "intellectual property" contemplates that whoever applies his mental labour
to invent something is the owner of the fruits of his labour. If a person has
invented a certain instrument, he does not own that instrument only, but he
also owns the formula he has used for the first time to invent it. Therefore,
nobody can use that formula without his permission. Similarly, if a person
has written a book, he is the exclusive owner of the right to publish it, and
nobody has any right to publish that book without his permission. This right
of an author or an inventor is termed as his "intellectual property". It is also
implied in this theory that the owner of such rights can sell them to others like
any other tangible objects. The law of "copyright" has come into existence in
order to secure such rights and to give legal protection to this kind of property.
It is obvious that the concept of intellectual property on which the law of copyright
is based is a new phenomenon created by the rapid progress of industry and the
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means of communication, therefore, the concept is not expressly mentioned in

the Holy Qur'an or in the Sunnah of the Holy Prophet ‫ﷺ‬.
The acceptability or otherwise of such new concept which are not clearly
mentioned in the original resources of Islamic jurisprudence can only be
inferred from the general principles laid down by the Shari’ah. As the views
of the jurists may differ while applying these principles to the new situations,
there is always a wide scope of difference of opinion in such cases. The
question of "intellectual property" has also been a subject of discussion among
the contemporary Muslim scholars of Shari’ah whose opinions are different
about its acceptability in Shari’ah.
A group of contemporary scholars do not approve the concept of "intellectual
property". According to them the concept of ownership in Shari’ah is confined
to the tangible objects only. They contend that there is no precedent in the
Holy Qur'an, in Sunnah or in the juristic views of the Muslim jurists where
an intangible object has been subject of private ownership or to sale and
purchase. They further argue that "knowledge" in Islam is not the property of
an individual, nor can he prevent others from acquiring knowledge, whereas
the concept of "intellectual property" leads to monopoly of some individuals
over knowledge, which can never be accepted by Islam.
On the other hand, some contemporary scholars take the concept of "intellectual
property" as acceptable in Shar’iah. They say that there is no express provision
in the Holy Qur'an or in the Sunnah which restricts ownership to tangible
objects only. There are several intangible rights accepted and maintained by
the Shari'ah, and there are several instances where such intangible rights have
been transferred to others for some monetary consideration.
They contend that the concept of "intellectual property" does in no way restrict
the scope of knowledge, because the law of "copyright" does not prevent
a person from reading a book or from availing of a new invention for his
individual benefit. On the contrary, the law of "copyright" prevents a person
from the wide commercial use of an object on the ground that the person
who has invented it by his mental labour is more entitled to its commercial
benefits, and any other person should not be allowed to reap the monetary
fruits of the former’s labour without his permission. The author of a book
who has worked day and night to write a book is obviously the best person
who deserves its publication for commercial purposes. If every other person is
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allowed to publish the book without the author’s permission, it will certainly
violate the rights of the author, and the law of copyright protects him from
such violation of rights.
Both of these views have their own arguments. I have analysed the arguments
of both sides in my Arabic treatise "Discussion of Contemporary Legal Issues"
and have preferred the second view over the first, meaning thereby that a book
can be registered under the Copyright Act, and the right of its publication can
also be transferred to some other person for a monetary consideration.
This is an answer to your question no (1) and no (3).
Coming to the question no (2), I would like to add that if the law of copyright in
a country prevents its citizens from publishing a book without the permission
of the copyright holder, all the citizens must abide by this legal restriction. The
reasons are manifold.
Firstly, it violates the right of the copyright holder which is affirmed by the
Shari'ah principles, according to the preferable view, as mentioned earlier.
Secondly, I have mentioned that the views of the contemporary scholars are
different on the concept of "intellectual property" and none of them is in clear
contravention of the injunctions of Islam as laid down in the Holy Qur'an
and Sunnah. In such situations, an Islamic state can prefer one view over the
other, and if it does so by specific legislation, its decision is binding even
on those scholars who have an opposite view. It is an accepted position in
the Islamic jurisprudence that the legislation of an Islamic state resolves the
juristic dispute in a matter not expressly mentioned in the Holy Qur'an or in
the Sunnah. Therefore, if an Islamic state promulgates a law in favour of the
concept of "intellectual property" without violating any provision of the Holy
Qur'an and Sunnah, the same will be binding on all its citizens. Those who
have an opposite view can express their standpoint in academic discussion,
but they cannot violate the law in practice.
Thirdly, even if the government is not a pure Islamic government, every
citizen enters into an express or a tacit agreement with it to the effect that he
will abide by its laws in so far as they do not compel him to do anything which
is not permissible in Shari'ah. Therefore, if the law requires a citizen to refrain
from an act which was otherwise permissible (not mandatory) in Shari'ah, he
must refrain from it.
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Even those scholars who do not accept the concept of "intellectual property"
do not hold that it is a mandatory requirement of Shari’ah to violate the rights
recognized by this concept. Their view is that it is permissible for a person to
publish a book without it’s author’s permission. Therefore, if the law prevents
them from this "permissible" act, they should refrain from it as their agreement
(of citizenship) requires them to do so.
Therefore, it is necessary for every citizen to abide by the law of copyright
unless it compels a person to do an impermissible act, or to prohibit him from
performing a mandatory act under the Shari’ah.
11.5.2 Protection of copyrighted software

Q) Is it permissible to copy software programs that are copyrighted.
A) Copyrighted softwares should not be copied in violation of the copyright
law.
11.5.3. Intellectual properties recognised in Shari'ah
Q) In view of the copyright laws, some companies charge abnormally high

prices for their ideas/products. Like Windows 2000 etc. Is it Ok for them to do
this. Is it allowed to install pirated software of such companies without which the
computers cannot run and they charge a very high price for the original version.
A) The copyright laws must be complied with and the intellectual properties
are recognized in Shari'ah also.
11.5.4 Business based on copy software

Q) 1) Certain countries have copyright laws about sale of computer
software/program. Would it be illegal to act against these laws in Islam.
2) Is copying of finished copyrighted programs violating copyright
laws about computer programs and can it be termed as piracy, stealing or
theft in the light of Shari’ah. Please clarify.
3) If the answer to the above question is in affirmative then should
illegal copying known as ‘piracy’ be dealt with same laws as for theft/
stealing/taking away as there are laws and punishment about steeling
material/goods in Islam.
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4) Is there any weight of intellectual property in Islam, for example,

ideas, artwork, writings, developed software consultancy services. Can
you give an example of early Muslim judicial decision about intellectual
property (except computer software, of course, which emerged in this
century).
5) What would be the status of earning by selling copies of these
(copied) copyright programs. Would it be ‘Halaal’ or ‘Haraam’ income.
6) If some instructor earns by teaching his students using copied
software, what would be status of earning.
7) If a developer makes or develops and sell software (like inventory
control, accounts) by working on these types of programs would the
income earned be ‘Halaal’ or ‘Haraam’. Or will it be said that copying is
another issue and developing software (rendering services) is other issue.
8) If a person works in a computer software development firm which
develops software for its clients using copied software, and this person
gets salary from the firm, then what is the Islamic status of this income.
Major source of income is selling services by developing software.
A) I received your fax letter dated 14th April 1998 with regard to the
copyright of computer softwares. This being a new phenomenon having no
precedent in early ages, should be discussed in broader forum of Ulama and
it will be advisable if you send this questionnaire to the Secretariat of Islamic
Fiqh Academy on the following address:
The Secretary
Islamic Fiqh Academy
Organization of the Islamic Conference
P.O. Box 13718, Jeddah, Code Zone 21414
Thus, I hope this issue may be taken up as one of the subjects of research in
one of the annual sessions of the academy. Likewise, it will be beneficial to
send these questions in Urdu to the reputed Muftis of Sub-continent. However,
without giving a definite Fatwa in this respect I am giving tentative answers
to your questions based on my own analysis of the subject, which is fully
detailed in my article on Bai-ul-Haqooq which you can consult:
1) The copyright laws should be followed with regards to computer
softwares the same way as they are followed regarding publishing books.
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2) Copying the programs in violation of the copyright laws, despite

being impermissible, cannot be termed piracy, stealing or theft in their
strict sense. They are, instead, impermissible being a violation of the laws
of the country which are meant to protect rights of the originator of the
program, therefore, this is usurpation of the rights of a person and not
usurpation of his tangible property.
3) Since it is neither a piracy nor stealing or theft, therefore, there is
no question of it attracting the Islamic punishment as Hadd provided for
theft or piracy, therefore, they may be subject to some other punishment
as Ta'zeer.
4) Intellectual property carries some rights of the proprietor which,
according to my study, must be respected. The full treatment of the subject
may be found in my aforesaid article with some examples traceable in
the early Islamic literature whereby there are a number of rulings of the
earlier jurists who have recognized some rights as a subject matter of
sale and purchase, on the analogy of which the question of intellectual
property can also be settled.
5) If copying software programs is held to be impermissible as aforesaid,
the earnings acquired by selling these copies will obviously be Haram.
6) Copying softwares for the purpose of selling them is not permissible
as explained earlier, however, if the owner of a software wants to give
a copy to another person free of charge for his personal use, this should
not be impermissible. Therefore, if an instructor uses a copied software
which he has obtained from some of his friends and has not purchased it
from anywhere he should be allowed to use it for teaching his students.
7-8) I could not fully understand what you mean by developing a software.
If the development means making some amendments in the program, the
answer would be that if the developer knows that the software sought to
be developed is a copied one in violation of the copyright law he should
not accept it for development, because it would amount to help in an
impermissible act and if he renders this service the fee charged by him
should not be treated permissible. However, if he does not know that the
software is acquired in violation of copyright he may render his services
and charge his fee. If the firm involved in developing the software
programs is confined to this impermissible service only no employment
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in that firm will be permissible, however, if the firm develops both types
of softwares including permissible and impermissible ones, employment
in that firm should be permissible.
11.6 Permissibility of the type of business
11.6.1 Business of some food items

Q) Is it permissible to carry out business of the following food items:
1) Is it allowed to sell water as now a days bottled water is sold.
2) Can we sell a high energy drink.
3) Can we sell a drink which contains Malt. It is banned to sell any Malt
drink in some countries.
A) 1) It is permissible to sell bottled water.
2) If there is no Haram ingredient in that drink, it may be sold.
3) Malt itself is not impermissible. However, if selling a malt containing
drink is not permissible by law, one must abstain from selling such a
drink. Similarly, if the drink contains alcohol it will not be permissible.
11.6.2 Business of manufacturing Aerosol

Q) Is it permissibility to do business of manufacturing Aerosol containing
Alcohol, including aerosol for perfumes.
A) Alcohol used in these aerosols is mostly synthetic and it is permissible to
sell it.
11.6.3 Manufacturing Diamond crosses

Q) We are a company that manufactures diamond studded jewelry. We are
fully Muslim owned. We are currently manufacturing crosses which are worn
as pendants and which have a large demand. We are now concerned that we
may not be doing the right thing and seek your valuable opinion as whether it
is permissible for us to manufacture such crosses.
A) It is not permissible for your company to manufacture such crosses as this
indirectly promotes symbols of polytheism. Allah Knows Best.
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11.6.4 Dealing in Ammunition for hunting the animals and birds

Q) I am Manager Leasing of a Modarabah company. We have received a
proposal of an ammunition manufacturing company. The company primarily
manufactures shot gun cartridges for hunting birds and animals under license
from a European Company.
Irrespective of the financial merit of the proposal, the question that has been
haunting my mind is the ethical and Islamic merit of financing and promoting
such business; most of all when a Modarabah is asked to finance such project.
A) If the ammunition is used exclusively for hunting birds and animals then
there is no problem in having a commercial transaction with that company if
the transaction is based on Islamic principles.
11.6.5 Participating in a business which also has interest income

Q) I am currently employed at an educational institution in a management
capacity. I am here for over three years and have recently been offered a 10%
share in the business, which I have not accepted.
Currently there are 2 partners: one Muslim and one non-Muslim owning
60% and 40% respectively. I have not accepted their offer primarily due to
my concern about the interest earned by the institution. Under your advice,
I subsequently discussed my reservations with them, and agreement was
reached on all issues except the following:
1) They insist on placing monies in call accounts. This will be the
only interest earned and the amount can be established from the bank
statement and financial statements. Although relatively small in relation
to the turnover, the interest earned is substantial in monetary terms (about
R 10,000 per month).
a) Will it be permissible to be a shareholder if my share of the
interest is disposed of.
b) Can the interest be used to pay the non-Muslim partner his share
of the profits.
c) Can the interest be used to pay taxes.
A) In response to your question about a person who wants to participate in
a joint business but the partners insist on placing the money in an interest-
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bearing account. My answer is that in a non-Muslim country this may be

acceptable on the condition that the interest received from these accounts are
disposed of in charity. However, it cannot be used for paying the share of the
profit of a non-Muslim partner, nor can it be used for paying taxes except
where the interest is received from a bank wholly owned by the government.
11.6.6 Day trading in shares

Q) 1) I buy 100 shares of IBM at $100 per share. Tomorrow, the same
share goes up to $115 per share. Can we sell all 100 shares at the new
price and profit from it within 24 hours period. However, by selling the
shares, we will not be able to attend the annual general body meeting to
raise the voice against the interest dealings of IBM.
In other words, is ‘Day Trading’ (buying and selling same day or even
the same hour) permitted in Shari’ah if the companies meet the Islamic
criteria (i.e. they are part of Dow Jones Islamic Index).
Please note that when I do trading, I do become the actual owner of the
stocks, but they are in the hands of the broker who is buying the stock on
my behalf and if I wish, the broker can send me the stock certificate but it
will cost me extra 50 dollars.
2) Is it permissible to sell 99 shares of the company in Question 1 and
keep just 1 share in possession so that we have the right to attend the
annual general body meeting and raise our voice against the interest
dealings.
A) 1) You have asked me about the ‘Day Trading’ in shares. The main
requirement of Shari’ah regarding purchase and sale of shares is that the
shares are sold after owning them and after taking their delivery either
directly or through an agent. If you have made your broker an agent to
take delivery of shares on your behalf and he has actually received them,
then you can sell those shares to a third party even if onward sale occurs
on the same day.
2) As for raising voice against interest in the annual general meeting
(AGM), it is not necessary in this case. This is required from a person
who is the owner of the share at a time when AGM takes place. However,
if you sell 99 shares and keep just one share to have the right to attend the
AGM and raise your voice that is always preferable.
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11.6.7 Selling and buying shares through the internet

Q) My question relates to trading of shares on the share market. Someone
has $5000 and sits in front of his computer, connects to the internet, and views
the movement of various shares and their companies on the share market. He
decides to buy some shares. He places an order electronically. Few days later,
he observes a surge in price of the same shares he bought a few days earlier.
So, he sells. Is this a Halal way of earning.
A) Buying and selling through the internet is not impermissible in itself.
However, all the basic conditions for a valid sale must be present. Therefore,
one cannot sell when he does not own and possess. If you have purchased
some shares or any commodity through the internet, you cannot sell it unless
you have taken its delivery in a manner that its risk has been transferred to
you. After you have taken delivery, you can sell it at any price you agree with
your purchaser even though it is through the internet.
11.7 Business issues
11.7.1 Paying off interest-based finance as priority

Q) If a family-owned business is in a debt and as a director we make intention
to get out of interest as soon as possible like no capital investment etc., can
the directors get dividends from the company’s annual profit or not until and
unless the company is out of debts. The accountants say the company should
declare dividends because of high retained earnings.
What else the company should do to get out of interest since it will take at least
5 years to complete.
A) The foremost obligation of a Muslim is to pay off all his debts as soon
as possible. Particularly, if the debt is interest-based, one must get rid of it
in soonest possible time. Therefore, in the circumstances, you should restrict
yourselves to the minimum amount required for your livelihood, and all the
rest must be used to relieve yourself from the burden of debt.
11.7.2 Profit & loss sharing among investors & the working partner
Q) At times we are having a bigger project but which urges us to look for
more "finance people" just to realize the project. So, in this way we can have
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three or four or more people adding their funds together excluding me just to
execute the project as I propose. Please advise how are we going to calculate
the ‘net profit sharing’. And in the same trend, please advise about contract
procedures, i.e., must all the shareholders know each other or not, how are we
going to present the project in front of each and every one before starting. In
case of loss, how are we going to calculate the outcome. Is it necessary that
we give them details for each and every expense to be borne by the projects.
Please advise.
A) It is also permissible that investors are more than one and the working
partner is the same. In this case the investors will have to enter into an
agreement of Musharakah then all of them will enter into a Mudarabah with the
working partner. The ratio of the profit to be retained by the working partner
may be determined with mutual agreement but the profits to be distributed
between different investors must be exactly in proportion to their investment.
In the case of loss, all investors will have to bear the loss in proportion to their
respective investment, while the working partner will not bear any financial
loss except to the extent of his time, work and skill having gone waste.
The basic principles of Musharakah and Mudarabah are explained in detail
in my book "An Introduction to Islamic Finance" which you can consult, if
necessary.
11.7.3 Salary for the working partner in a partnership

Q) In a partnership, can a working partner take a monthly salary.
A) The question is whether a working partner in a partnership business can
take monthly salary. My answer is that if only some partners are working for
the business of partnership while others are in the nature of sleeping partners
and this aspect is not taken into account while allocating the proportion of
profits (i.e. the proportion of profit is not increased for the working partner
in consideration of their work) it is permissible that they are paid a monthly
salary, on a condition that the contract of salary is independent of the contract
of partnership i.e. if a salaried partner is dismissed from the work, it does not
affect the partnership.
Q) I am a trader here in Mauritius. I am dealing mainly in furniture - both
import and manufacturing. There is a brother name Mustapha Hosseny who
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proposed to do some sort of partnership. He is proposing to finance the projects

fully, and on my side, I develop the work - selecting models, price calculation,
import or manufacture, selling off the goods, credit collect and at the end of
the day after net profit calculation, amount to be shared exactly into two, i.e.,
50/50 % basis. In other words, he only finances the project, and on my side, I
invest all knowhow, energy, time. Is this way of working acceptable in terms
of Shari'ah. Please advise.
Please note that I am not taking any fixed salary whatsoever and that only
expenses like transport, repair for defective goods, phone / fax calls are
deducted and that the project is not defined as per limit of time to execute. It
may last for a fortnight or within one month or more.
A) According to my understanding you want to have a partnership with
your friend in which you will not invest anything. All the capital will come
from your friend, while you will contribute your work and skill to the project.
This arrangement is termed in Shari'ah as Mudarabah. The profit share in
this arrangement may be based on mutual consent. If you allocate 50% of
the profit for each party it is permissible in Shari'ah. In the case of loss, all
the financial loss will be borne by the investing partner only. The loss of the
working partner will be restricted to the loss of his time and work only.
11.7.4 Profit & loss both to be shared in a business

Q) If I give Rs. 100/- to another person, at the time of lending I will make the
following arrangement, would it be acceptable according to Shari'ah:
1) The profit will be shared at any agreed ratio (e.g. 40%, 30%, 10%,
90%, etc.)
2) If there is no profit, I am not getting any amount on account of profit
3) My principle is guaranteed
4) I will not be sharing any loss, if there is any in the business.
Is this arrangement according to Shari'ah principles.
A) Profit sharing is not permissible unless the parties share the loss in
proportion of the investment of each one of them. Even the principal amount
cannot be guaranteed according to Shari'ah. Therefore, the arrangement
mentioned in the question is not lawful.
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11.7.5 Permissible to change the ownership share in a Musharikah

Q) There is an agreement of Musharakah between two parties, A & B to
construct a building on a piece of land owned equally between the two. The
construction money is also to be paid by both equally.
In actual practice, Party A has paid most of the construction money, around
80%. The building is still under construction.
The questions are:
1) Is it possible for both the parties to change the percentage ownership
in the Musharakah say to 80-20% instead of previously agreed 50-50%.
2) If party B is not willing to change the percentage, can the Party A
insist to change and if not, what is the status of the excess amount paid by
Party A and the fact that party B does not have the money to pay so the
project would suffer delays.
A) In the situation mentioned in your question it is permissible for both the
parties to change the percentage of ownership in the Musharaka. Therefore,
they can agree that the share of ‘A’ would be 80% while the share of ‘B’ will
be 20%.
Since the party ‘A’ has actually paid 80% of the project he is entitled to claim
from ‘B’ that either he reimburses ‘A’ for the excess amount or he accepts the
change of proportion of the partnership.
11.7.6 Securitizing the assets without legal ownership of assets

Q) 1) Is it permissible to securitize an asset whose legal ownership is not
yet registered in the name of the Mudarabah due to legal constraints.
2) Is it permissible under a Musharakah Agreement to securitize an
asset whose legal ownership is in the name of one of the two partners
under the Musharakah agreement. Due to some legal difficulties in the
country of the asset its ownership cannot be conveniently transferred into
the name of the Musharakah.
A) You have asked me about the permissibility of securitizing an asset whose
legal ownership has not yet been registered in the name of Mudarabah or
Musharakah.
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As a matter of principle the basic condition for a valid Musharakah is that all
the real rights and obligations of the underlying assets should be transferred
to the partners on pro-rata basis. However, legal registration is not a pre-
condition for the validity of a Musharakah. If the assets with all their rights
and obligations have been transferred to the partners of the Musharakah in real
terms but the registration is still under the name of a particular partner or any
other person the Musharakah is valid. Nevertheless, in this case an internal
agreement between the persons should be signed to prove that notwithstanding
the registration of the assets in the name of any other person the assets are in
fact owned by the Musharakah. In this case the assets of the Musharakah can
also be securitized.
11.7.7 Profit in a business can be a percentage, not fixed amount

Q) A friend of mine does the business of supplying medical equipments to
different government and private projects through tenders. One of his brothers
also works in one of the projects to whom he supplies those equipments. As
there is so much "Sifarish" in almost everything in our country, in some cases
his brother helps him in getting orders. If he gets the orders to supply, he has to
pay bribe to the bosses of the project as this is the normal routine in our country.
Now my friend has got some orders in his hand, but he doesn’t have money for
that purpose. He asked me to invest money with him and he will give me profit.
He has already calculated the profit in that order. He told me that the profit will
be approx. Rs. 53,000. Out of which he will give me Rs. 20,000 as a profit for
investing. I asked my local Maulvi Sahib and he told me that fixing profit is not
Halal as it becomes interest. He told me to fix the profit in the percentage and
not in the fixed amount. I told my friend the same that he should fix with me to
profit in percentage and not in fixed amount. Now, is that correct or not. Should
I invest with him in the above given circumstances or not.
A) The ruling given by your local Maulvi Sahib is correct. The profit to
be shared by the partners in a joint venture account to be fixed in lump sum
amount is not Halal, rather proportion of profit of every partner should be
based on the percentage of the actual profit earned.
In the situation mentioned by you in your question, there is a point worth
attention. Paying bribe to an official for acquiring orders to supply is not
permissible in Shari’ah. If your brother has paid some money as bribe from
his amount without your consultation, then he is responsible for that, and you
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will not be liable for his act if you are not reimbursing for the amount of
bribe from your own money or from the joint pool. But if you are sharing the
cost of bribe, you will equally be sharing him in this sin. However, if there is
no element of misrepresentation or fraud in the transaction itself, the income
generated therefrom will not be termed as Haram.
11.7.8 Being transparent in keeping margin in sale

Q) I deal in sale and purchase of mobile phones. Someone came to my shop
and brought a set for sale. As I did not know the price of the set, I asked the
person that I will send it to another dealer to know about the price. Therefore,
I sent to that person who deals in those sets. He said to me on phone that we
will purchase it for Rs. 4000. After the conversation with the dealer, I asked
the owner of that set, that do you want to sell it for Rs. 2600. He consulted it
with his other partner and agreed to sell it on that price.
Now the question is that whether the amount of Rs. 1400, is Halal for me or
is it Haram. If the amount is Haram for me, then tell me the procedure which
I am going to adopt when such a situation takes place in future. As every now
and then, people come to my shop to sell things. Sometimes they bring sets in
which I don’t deal and I don’t have any idea about the price, therefore, I send it
to other dealers and get a price from them. If he gives me the price for example
Rs. 500 for a set, I ask the owner if he wants to sell it for Rs. 300. Please guide
me into this matter.
A) It should be clarified to the seller of the mobile phone that the price
offered by you after consulting the relevant dealers will carry a margin of
profit for you and it will not necessarily be equal to its market price. If so, then
this transaction is valid and the profit generated thereby is Halal. In future,
you should clarify the position to the customers. So far as the past transactions
are concerned, if you are sure that the point mentioned above was clear in
the mind of customer although not expressly mentioned by you, the profit is
Halal. But if the client was under the impression that you will offer him the
market price after consulting other dealers, then the profit you earned is not
clean. In this case, if you can find out that person/client, you should clarify the
position to him and should offer to him to return the amount of Rs. 1400 but if
the client is not traceable, this amount should be given in charity.
Q) A person asked me to buy a computer for him. As I don’t deal in computers,
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I got the price from one of my friends who deals in computers. For example,
he gave me the price Rs. 35,000. Then I quoted the price Rs. 40,000 to the
person who needs the computer. Now, is the amount of Rs. 5000 Halal for me
or not. If not, then please show me the method that I should adopt in future to
make my earnings Halal.
A) The same principle will apply here also. You should clarify to the customer
that you are quoting to him a price on which you are agreeable to sell the
computer regardless of its market price as quoted by other dealers. This point
must be clear in the mind of the customer either in express terms, or in an
implied manner. In this case, the profit earned by you will be Halal, but if you
gave an impression that your quoted price is equal to the market price quoted
by other dealers, then this profit will not be Halal.
11.7.9 Opening store/shop on a Friday

Q) Can we open store/shop on Friday.
A) It is permissible to open store on Friday. However, the store must be
closed from the first azan to the completion of Fard Salah of Jumu’ah.1
11.7.10 Paying minimum wage as an obligation

Q) Here in England the government imposes a minimum wage which all
employers must pay their workers. At present it stands at 3.60 Pounds/hour.
The government imposes fines on those businesses that decline to pay this
minimum wage.
What is the Islamic ruling for a Muslim employer in this matter. Is it incumbent
upon him to pay this minimum wage. Will any Muslim employer who declines
to pay this amount be sinful in the light of Shari'ah.
A) By acquiring the citizenship of a country one expressly or tacitly agrees
to abide by the laws of the country and so long as these laws do not compel a
person to commit a sinful act he is required under Shari'ah to fulfil his covenant/
agreement to abide these laws. The minimum wage prescribed by the country
is thus binding on every employer and should not violate this requirement of
the law.
1 See Fiqhul Buyu: para. 466

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11.7.11 Credit Insurance on receivables

Q) Is it allowed to have a credit insurance on your receivables in a business.
A) Yes it is allowed to take a credit insurance against your business receivables
but only through a Islamic Takaful company.
11.7.12 Hedging the receivables with Gold Bullion

Q) Our company has overseas receivables in US$. We seek to protect the
value of our receivables and hence are trying to hedge them with gold union.
Would the following be Shari’ah complaint.
A bank is appointed as a collecting agent to collect the worldwide receivables.
A fee is paid for each collection e.g. 0.5% of total amount collected. In a
separate contract the bank agrees to give an interest-free loan to the company
by which money it purchases Gold Bullion which is kept in its custody. As
soon as the receivables are in, the bank sells the Gold at market price and takes
back the interest-free loan it has advanced. Is this acceptable.
A) The elaborated arrangement for hedging would be allowed if two
conditions are observed:
1) Each agreement should be executed separately without stipulating
one in other.
2) The fee charged for collection should not be more than what it would
have been if no loan was advanced.
11.7.13 Difference in Cash & Deferred Payment price

Q) Can one have different price for cash & deferred payment for selling any
product.
A) In Shari'ah a commodity can have two different prices, a cash price and
a deferred payment price. So, for example, in a car showroom you can quote
two separate prices for the same car, one for sale on cash and one for sale at
deferred payment. However, it is necessary to conclude the sale on one of the
prices in the contract session without leaving the price ambiguous i.e it must
be decided before concluding the sale on which price the sale is concluded.2
2 (See Fiqhul Buyu, para. 186)

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11.7.14 Discount on Pre-Payment of a Debt

Q) Can you give or receive a discount due to cash pre-payment of a debt.
A) Giving a discount in case of pre-payment cannot be made a part of the
agreement of a credit sale. However, if a customer wants to pre-pay his dues,
the seller may give him a discount at his sole discretion. The buyer cannot
have a legal claim for that purpose.
11.7.15 Free credit by bank on purchase

Q) In order to provide interest free credit by the bank to our company’s
customers who buy on their credit card, the bank is going to charge us 0.50%
per month of the credit amount. We have now agreed with the bank the revised
wordings for your approval of either or both the options.
Option 1: The Company to offer Easy Installment Payment Plan (EPP) to
the Bank’s card holders on purchases made at the Company Outlets and the
Company agrees to pay upfront Transaction Fee of AED 45 per transaction to
the Bank as contribution towards the Easy Installment Payment Plan.
Option 2: The Company to offer Easy Installment Payment Plan (EPP) to the
Bank’s card holders on purchases made at the Company Outlets and agrees
to pay upfront 0.50% per month of the transaction amount to the Bank as
contribution towards the Easy Installment Payment Plan.
A) I have seen the new clauses regarding the above.
In Option 1, if the fee Dh. 45 is a part of the normal fee charged from the
merchants by the Credit Card Company, it is acceptable.
In option 2, what I had advised was that if commission charged from the
merchants is increased say from a normal 2% to 2.5% without stipulating that
the increasing is a fee for zero% interest plan, it may be acceptable.
The Option No.2 is okay but in the last line the words "as contribution towards
the Easy Installment Payment Plan" need to be deleted.
11.7.16 Asking for a discount in a signed contract

Q) In a signed contract with a construction company can you request a
discount.
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A) You can request the contractor for a discount without having a legal
claim against him for that purpose. If he agrees willingly you can avail of the
discount.
11.7.17 Delay penalty in a construction contract

Q) Is it allowed to charge ‘delay penalty’ in a construction contract.
A) It is permissible to agree in the construction contract that the contractor’s
dues will decrease by a known amount against a stipulated delay, not
reasonably justifiable. (See Fatwa no. 34/ 1647 of the Fatawa of Jamia Darul
Uloom Karachi; and Tawthiq al Dutun, para. 161)
11.7.18 Penalty clause in an Istisna contract

Q) In an Istisna (‫ )استصناع‬contract can the Al-Sani' (‫ )الصانع‬have a penalty
clause that if the Al-Mustasni (‫ )المستصنع‬does not pay on the due time he will
have to pay a penalty to a charitable fund.
A) Yes, it is permissible for the Al-Sani' (‫ )الصانع‬to have this type of penalty
clause. It must, however be strictly ensured that no part of this amount forms
any portion of the income of the Al-Sani (‫)الصانع‬. All the other conditions
for implementing this clause which have been mentioned in the book, "An
Introduction to Islamic Finance" on pages 138-140 will also apply.
The penalty should in the form of an undertaking from ‘Mustasni’ (‫)المستصنع‬
as mentioned in the book.
11.7.19 Sale/ Purchase of Textile Export Quota

Q) Your valued opinion, in the light of Shari'ah of the Holy Prophet ‫ﷺ‬,
is needed in the following matter/dispute concerning a transaction of Sale/
Purchase of Textile Export Quota entitlement:
Facts:
Party A: Seller of the Quota
Party B: Broker/ Agent arranging the deal between the seller and the buyer
Party C: The buyer of the said Quota in the deal
Party D: 1000 units (in dozens)
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Price agreed: Rs. 1850 a dozen making total amount of the deal as Rs. 1,850,000
Party’s B’s commission in the total deal Rs. 50,000
The seller, through the agent, agreed to sell the above quota to the buyer on
the price given above. The terms as agreed by the buyer were to make the
payment and then the Quota entitlement Transfer deed to be surrendered to the
buyer in his favor by the seller.
In spite of repeated promises and meetings, the buyer was unable to make the
payment, which consequently did not facilitate the deal. Thus the transaction
could not materialize due to the breach of performance of payment on the part
of the buyer.
During this period, the price of the quota in the market went down and the seller
(Party A) had to sell the same quota incurring a loss of Rs.250,000 compared to
his actual deal amount in the transaction in question. Therefore, the seller, as per
the market usage and custom of the trade debited this entire amount to the agents
making them liable for the default of their buyer of the said transaction which
did not materialize due to non-payment on the part of the buyer.
Questions for Shari'ah opinion:

1) Is the seller justified in charging back, to the agents, this amount of
loss incurred by him on the sale of the quota to another party after the
original deal got in limbo.
2) What recourse now does the agent or the seller, if at all any of the
two, has on the buyer who defaulted the payment making the entire
deal dead.
A) Reference to your questionnaire:
1) The agent in his case has worked as a broker. The function of the
broker according to Shari'ah is that he tried to find out the buyer for the
seller and then makes efforts to get the deal finalized. If the deal could
not be materialized the brokerage fee of the agent maybe withheld by
the seller at the most. But he cannot be held liable for default of the
purchasers in the sense that the amount of loss, if any, in this maybe not
be claimed from him.
2) The answer in this question depends on resolving the issue whether the
export quota can or cannot be traded as a tradable commodity. According
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to my research in my treatise Bai al Haqooq (sale of certain rights), the

import license or export license can be traded in on condition that there is
no bar from the government on their trading. In order to ascertain the legal
position of the sale and purchase of export quotas, some of my friends
contacted the Ministry of Commerce, Government of Pakistan wherefrom
it was confirmed by some responsible officials that the government has not
put any restriction on the sale and purchase of the export quotas. In these
circumstances it may be treated as tradable commodity.
Coming to the question what recourse the seller has against the buyer
who has defaulted in the payment, the answer according to Shari'ah is
that if sale has already been concluded between the parties, the seller has
all the right to enforce the sale and compel the buyer to pay the purchase
price but if the purchaser opts to cancel the sale then the seller may claim
any actual loss suffered by him due to default of purchaser. If the price
of the quota has gone down, the seller has the right to claim a difference
between the prices because it is an actual loss caused by the default of the
purchaser. This ruling is in accordance with the resolution of the Islamic
Fiqh Academy, Jeddah, which is based on the view of some Maliki jurists.
11.7.20 Selling Diwali fireworks, Christmas cards or religious photos

Q) 1) Is it permissible for a Muslim trader to sell fireworks at the time of
Diwali and Christmas.
2) Is it allowed for a Muslim businessman to sell Diwali and Christmas
cards.
3) Are Muslim traders allowed to sell photographs of what the Christians
refer to as "Jesus" and "Mary". Are they allowed to sell photographs of
"Sai Baba" to Hindus and photos of certain corrupt "Peers" to deviant
Muslims who almost worship these.
4) Are Muslim traders allowed to sell items that have pictures of
animate objects on them such as clothing, etc.
A) It is not permissible for a Muslim trader to sell fireworks at the time of
Dewali or Christmas, nor is it permissible to sell Dewali and Christmas Cards
or to sell the photographs of what the Christians refer to as "Jesus" and "Mary"
or of "Sai Baba" or any other living creature. The Muslim traders should also
avoid to sell items having visible pictures of any living creature which is
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Business 365
clearly identified as a picture because the Holy Prophet has condemned the
practice of having such pictures.
11.7.21 Fee for safe-keeping of mortgaged asset
Q) I need your valuable opinion on the subject of Gold and hence this
intrusion in your time.
In the face of a highly debased dollar the wealth of people can be safeguarded
in the short term through Gold and Silver, which is real money. I seek your
valuable opinion and directions on the following structure.
Conventional bank gives an interest free loan to customer, who uses this money
to buy Gold Bullion Bars, which are kept in the custody of the same bank as
security for loan. The bank charges a rental for the safe custody of the Gold.
Whenever the customer wants to access the Gold to sell to the market place,
he pays back the interest free loan and takes the Gold. In some situations the
Bank would also be the buyer of the Gold.
Would such a transaction be permissible in Shari'ah.
A) It is not permissible for the bank to charge the mortgagor any rent or fee
for the safe-keeping of the gold bullion bars because these bars were kept in
the custody of the bank as a Rahn (mortgage) for the loan, and the mortgagee
himself is responsible for the safe-keeping of the mortgages. Hence it is not
permissible to charge the mortgagor for the safe-keeping of the mortgage and
charge the mortgagor for the safe-keeping of the mortgage.
11.7.22 Cancellation of sale & return of assets sold

Q) If the seller cancels a contract of sale because the buyer has defaulted
in the payment of the price or part thereof, then the seller is only entitled to
claim the debt or the balance of the debt (absenting the buyer’s insolvency).
This is because ownership has passed from seller to buyer upon conclusion
of sale, and the price is converted into a monetary debt upon conclusion of
the sale.
The question arises whether the seller is entitled to recover the thing sold
pursuant to a cancellation of the sale, as a result only of the buyer’s breach of
contract but excluding insolvency of the buyer.
For example, the seller sells a business to the buyer for R100,000. The buyer
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366 Business
takes possession of the business, and thereafter fails to pay the price or part
thereof. The buyer is in breach of contract, with the result that the seller
cancels the contract (by reason of the breach) and retakes possession of the
business, against return of any part of the price which the seller may or may
not have received. I could not find fiqhi authority for this. Please give me your
considered views.
A) If the contract contains a provision that the sale will be cancelled upon
failure of the buyer to make payment(s) at the appointed / agreed time, this
is termed in fiqh as (khiyar-un-naqd) i.e. the option of canceling the sale by
either party if the agreed price is not paid within the agreed time. Providing
such a condition in a contract is permissible in Shari'ah. Hence, in the event of
the buyer failing to make the payment(s) within the agreed time, the contract
of sale will become fasid and it is obligatory on both parties to cancel the
sale. Therefore, on this basis it would be correct for the seller to take back his
business if it remains in its original state, and return the amount of the selling
price that he might have taken.
On the other hand, if the contract of sale does not contain such a provision,
once the contract has been agreed upon by mutual consent and the transaction
is complete, neither party has a right to cancel or annul the contract unilaterally.
The seller is entitled only to the price of the item sold and may avail of any
legal means to obtain the payment(s) from the buyer.
If in spite of this, the buyer fails to make payment(s) then the seller has two
options:
1) To cancel the deal with mutual consent (i.e. do iqala ‫ )اقاله‬at the price
originally agreed.
2) To sue him for the recovery of the price.
It is ruled by Hazrat Maulana Rasheed Ahmed Rahmatullahi Alayhi in his
Ahsan-ul-Fatawa that if the recovery of the price becomes impossible, the
seller can cancel the sale unilaterally. This ruling is based on the following
remark of Allama Al-Marghinani in Hidaya.
However, the ruling of Sahib-ul-Hidaya relates to a situation where the buyer
has already refused to have purchased the commodity from the seller, which
means that the sale is already terminated by the buyer and therefore, if the
seller too, cancels the sale, it will become a bilateral cancellation. That is why
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Business 367
the Author himself has declared in the same book after some pages that once
the contract is complete, no party can cancel the contract unilaterally.
On the other hand, the situation mentioned in your question is totally different.
Here the buyer does not refuse to purchase the business form the seller, nor has
he offered to cancel the sale. He has only failed to pay the price and therefore,
the seller cannot cancel the sale, unless he has stipulated khiyar-un-naqd in the
original contract of sale as mentioned above.
11.7.23 Confiscation of down payment in cancellation of a deal

Q) Can one confiscate the down Payment / advance payment in a sale-
purchase transaction, in case of cancellation of the deal.
A) The following scenarios are conceivable under this question:
1) The buyer unilaterally cancels the transaction without it being
agreed that he will have the option to unilaterally cancel it. In such case,
the transaction is binding and the cancelation has no effect; any down-
payment made under the transaction may be kept, and the seller has the
right to force the buyer to pay the remaining price.
2) The buyer unilaterally cancels the transaction based on mutual
stipulation giving him the option to cancel it. Here the buyer’s unilateral
canceling takes effect and the seller is bound to honour the cancelation by
taking back the sold item and returning the down payment to the buyer.
3) The buyer cancels the transaction based on mutual stipulation giving
him the option to cancel it; with further stipulation that the seller will have
the right to keep any down-payment if the buyer cancels the transaction.
Such stipulation is not permissible according to the majority view. However,
according to Imam Ahmad ibn Hanbal (‫ )رحمة هللا عليه‬this stipulation is
valid and binding, and the seller has the right to keep the down-payment
if the buyer cancels the transaction. In normal circumstances the majority
position should be adhered to. However, if a judge rules according to the
Hanbali school or the law of the land is made according to the Hanbali
position, then the seller has the right to keep the down payment.
4) The transaction has not been effected, rather only an agreement
or promise to effect the transaction has been made, and the buyer has
deposited down-payment to express his seriousness. In this scenario, if
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368 Business
the buyer does not fulfil his promise, and the seller is forced to sell the
item to a third person for less than his cost, the seller may recover only
the difference between his cost and selling price, from the down-payment,
and has to return any remaining amount to the buyer. (See Fiqhul Buyu
paras. 37 and 38, AAOIFI Shari’ah Standard No. 5, clause 6/8 and Al
Nutaf fil Fatawa, p. 473-474)
11.7.24 Commission to employee doctors of a clinic

Q) We are a Medical Clinic. Is it allowed to pay Commission to employee
Doctors on their billing, as part of their compensation package.
A) Yes, payment of such commission is allowed. However, to increase the
billing by unnecessary tests is impermissible
11.7.25 Forcing minority shareholders to sell their shares

Q) A private company was floated on the Johannesburg Stock Exchange.
At the time the company was floated, the shares were sold to the public at
two Rands each. The directors of the company had retained approximately 30
percent of the shares. They also continued to act in their position as directors.
Subsequently the shares fell on the Stock exchange and continued to fall.
Over a period of time the directors bought off from the public approximately
another 40% of the shares. Presently the shares are valued at around thirty
cents each. The directors, now the majority shareholders, have put forward
an offer to buy out the minority shareholders at approximately market value
and thereafter they wish to delist the company. According to the law, if the
majority of the shareholders have voted to sell, the matter is brought to court
and if the judge ratifies the proposal the deal goes through. Thus, the minority
shareholders have no option but to sell their shares to the majority shareholders
at the declared price.
1) Do the majority shareholders have right to force the minority to sell
their shares.
2) Is the verdict of the non-Muslim judge binding in terms of Shari'ah
upon the shareholders.
3) If the minority are prepared to sell but at a much higher price, can
they be forced to buy at this lower price by the decree of the court.
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A) 1) The majority shareholders have no right to force the minority to sell

their shares.
2-3) The verdict of the non-Muslim judge is not essentially binding
according to Shari'ah upon the shareholders but if they are the citizens of
the country they have a tacit undertaking that they will abide by the law
of the country. In this perspective they have to submit to the law of the
country in so far as it does not compel them to perform an act prohibited
by the Shari'ah. Since selling their shares at a lower price is not something
prohibited by the Shari'ah they have to submit to the law but the people
who have forced them through the court to sell their shares against their
desire will be committing a grave sin.
11.7.26 Use of capital by Mudarib after Mudarbah is terminated

Q) 1) A mudarabah for a limited period has been terminated.
2) The mudarib has refused to return the capital owned by the rabbulmaal
("the owner of the capital").
3) Instead, the mudarib has wrongfully employed the capital in his own
business, that is, he is trading with the capital, as a ghaasib.
4) Is the rabbulmaai entitled to claim the profits generated by the
wrongful use of his capital by the ghaasib.
5) On the old (qadeem) Shafei view, and the Hanbali view (as recorded
in Mugni, chapter on ghasb), the owner appears to be entitled to the
profits, in the situation, where the ghaasib trades with the liquid funds,
belonging to the owner.
A) In the mentioned situation, when Mudarabah terminated between the

Rabbulmaal and Mudarib, it was essential for the Mudarib to return the capital
to the Rabbulmaal, and it was not permissible for the Mudarib to invest the
capital in his trade without Rabbulmaal's permission, but, when he did not
return it the ruling of Ghasb applies.
Therefore, now it is compulsory for the Mudarib to return the amount of the
capital to Rabbulmaal, and the profit that he has attained from Rabbulmaal's
capital must be given in charity and cannot be utilized by him due to it having
the ruling of Milk-e-Khabith.
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370 Business
May this point be clear that if Mudarib returns the profit to Rabbulmaal himself
then this amount of profit is lawful for Rabbulmaal, but, Rabbulmaal has not
the right to claim for it.
)234( ‫لما يف مجمع الضمانات‬

‫ وكذا لو ربح‬.‫ وال تطيب له فيتصدق بها‬،‫‌ولو‌استعمل‌المغصوب بأن كان عبدا فأجره فاألجرة له‬
‫ ولو دفع الغلة إىل المالك حل للمالك تناولها كما يف‬،‫ ويتصدق به‬،‫بدراهم الغصب كان الربح له‬
‫الهداية‬
11.7.27 Can impermissible stock be owned by a Charity

Q) Can a charity organization keep an "impermissible" stock for the purpose
of generating funds. Their intention is to sell at better value and use the entire
amount for charity. If this is allowed in Shari'ah, one can donate stocks which
become "impermissible" as sadaqah instead of selling it first and giving Sadaqa
Wajiba on received cash. This gives better value to charity organization and
less tax paperwork for the person donating stocks.
A) It is not allowed for a charitable organization to keep an impermissible
stock for the purpose of generating funds.
11.7.28 Paying in charity on behalf of the owner you cannot trace

Q) Mr. Zaid sold 1,250 shares of a public limited company sometime in
1993 or 1994 through a broker at Karachi Stock Exchange. The shares were
delivered to the broker for onward delivery to the buyer and money were
received by Zaid.
Allah knows what happened to the buyer and the shares as the shares are still
in Zaid’s name in the company’s record and dividends and bonus shares are
sent to Zaid by the company. He has been after the concerned broker to find
out about the buyer but the broker regrets his inability to trace the buyer from
his record.
Mr. Zaid now desires that original 1,250 shares and the bonus shares received
thereon may be sold and the sale proceeds thereof together with dividends
received thereon may be given away as charity for the sawab of the buyer. Can
Mr. Zaid do so.
Again, if Mr. Zaid gives away everything in charity and later at any time if the
Chapter 11
Business 371
buyer appears and claims his shares, bonus shares and dividends, what will be
the position of Mr. Zaid. Will he be required to pay to buyer all that has been
given away in charity for buyer’s sawab.
A) First of all, you must try your best to find out the person to whom you
have sold the shares. You can do this through advertising in newspapers and
by adopting any other means to know his whereabouts. If all these efforts
fail, then the shares along with the bonus shares and the dividend paid may
be given in charity. However, if the original owner of the shares appears at a
later stage, he will have the option to regularize your acts of giving the amount
in charity for which he will deserve sawab or he may demand from you the
shares. In the latter case, you will have to pay the price of the shares to him
and the charity will be credited to your account, InshaAllah, in the Hereafter.
11.7.29 Clearing old unclaimed account balances

Q) As part of the business, over the period of time some of our companies
have some balances payable to third parties which have not been paid or
unclaimed. Sometimes we have issued cheques but these are not presented
and cashed by the parties.
We have tried our best to find such parties to return the amounts to them, as
these do not belong to us. However, there are still some amounts left with us
for which we could not find the right parties to pay them.
1) What should we do with such unclaimed balances lying with us as
we wish to clear our books from such payables to remain with us forever.
2) If we give these unclaimed balances to charity and subsequently the
actual person comes to claim, would we still be fully responsible to pay.
A) You should try to get to these creditors until you are reasonably satisfied
that you have done your best; for example by announcing via a medium that
is known to be effective for conveying such a message, like the chamber of
commerce’s gazette or a well-known newspaper, and if such creditors still do
not come forth within a reasonable period, then you may give these amounts
in charity on their behalf. However, if they subsequently claim their due, and
they do not accept the charity done on their behalf, you will get the reward of
the charity, but you will need to pay them their due.3
3 See Ṣaḥīḥ al Bukhārī: 1498

Chapter 11
372 Business
Q) In auditing the four years account balances. I found that many old balances
of small amounts were outstanding from us to others. Nobody from these
companies have ever contacted us and we are not even sure if we really owe
them such small amounts or they are unsettled errors. We have to clear such
small and dead accounts from our books. What should we do as we are not
sure whether these companies are still in business or not’.
A) You should try to contact them, and if you do not find any trace of the
people you owe the amounts to them, then such amounts must be given in
sadaqa on their behalf.
11.7.30 Bank Drafts issued but not presented for payment
Q) Our Exchange Company has correspondent banking relationships with
a lot of foreign banks. We issue Bank Drafts upon these banks for which we
receive money from our customers and the foreign correspondent bank debits
our account upon payment by them.
We are now closing this Exchange Company and closing accounts with these
correspondent Banks. However, we note that there are a few bank drafts for
which we have received the money from customers, but these have not been
presented in the bank and as such not debited to us. Some of these drafts were
issued by us some 3 to 5 years ago but have not been presented as yet.
We have no information or contact with our customers to return this money to
them (as they were all walk-in counter customers).
The questions on which we need your guidance are:
1) Who does this money belong to:
a) Customer, or
b) Correspondent bank on which such bank drafts have been issued, or
c) Our Exchange Company.
Please note that this is a general practice in the corporate world that
unclaimed balances, after the expiry of the time limitation period, so called
time barred debts are reversed and credited back as income of the Company.
2) How to dispose of this amount, keeping in view that we do not have
any contact details of our customers to which such bank drafts were
issued.
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Business 373
A) According to your question your Exchange Company used to transfer the

money of your customers to foreign countries for which you issued the drafts
on receiving money from them. These drafts were placed by the beneficiaries
to your corresponding bank in which you had your own account and the
corresponding bank used to pay the draft money to the beneficiaries by debiting
your account with them. Some of the drafts issued by you in this manner were
not presented before your corresponding bank for receiving money.
The principle of Shari'ah in this respect is that the money of these drafts
belongs to the persons who got these drafts issued by you. You are under
an obligation to try to find out the whereabouts of those persons to the best
possible extent and if some of them are discovered the money should be paid
to them or according to their direction. But if all possible efforts to find out
these persons fail then this amount must be given in charity on their behalf.
It is not permissible to keep this amount and treat it as the income of the
Company.
11.8 Business transactions
11.8.1 Sale out of goods already sold

Q) It is normal in our trade that we sell goods to customers who do not pick
up the delivery immediately. In the meantime, if there is another customer
who wants to buy the goods and take delivery, we sell the goods and give
physical delivery from out of goods already sold (but not delivered). Is this
permissible.
A) Goods sold to a customer should be identified and once identified, cannot
be sold to any other customer except with the permission of the first customer
to whom it was originally sold. If such goods are sold again, the profit on such
sale (i.e. any amount of money over and above the original price on which
it was sold to the first customer) will belong to the first customer. However,
if it is feared that the sold perishables will go bad, it is permissible to sell
them on behalf of the first buyer, even without his explicit permission. After
recovering the price, any profit is for that buyer on whose behalf the goods
were sold. Furthermore, if the goods are not such perishables, and the buyer’s
whereabouts are not known, it is only permissible to sell on such goods on
behalf of the buyer with the permission of the court in a Muslim country, and
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374 Business
any profit after recovering the original price should be kept for the account of
the original buyer.
)231 /5(‫ىف الدر المختار‬
‫ إذ العقار ال يبيعه القاضي (وغاب) المشرتي (قبل القبض ونقد الثمن غيبة‬،‫(اشرتى شيئا) منقوال‬
)‫ (وإن جهل مكانه بيع‬،‫معروفة فأقام بائعه بينة أنه باعه منه لم يبع يف دينه) إلمكان ذهابه إليه‬
‫ وإن نقص‬،‫ أي باعه القاضي أو مأموره نظرا للغائب وأدى الثمن وما فضل يمسكه للغائب‬:‫المبيع‬
‫تبعه البائع إذا ظفر به‬
‫ىف رد المحتار تحته‬

‫ وإن سلم كان معتديا‬،‫ فإن باع كان فضوليا‬،‫وظاهر كالمهم أن البائع ال يملك البيع بال إذن القاضي‬
‫ اشرتى لحما فذهب ليجيء بالثمن فأبطأ فخاف‬:‫ ويف الولوالجية‬:‫ قلت‬،‫والمشرتي منه غاصب بحر‬
‫ فإن باع بزيادة تصدق بها‬،‫البائع أن يفسد يسع البائع بيعه ألن المشرتي يكون راضيا باالنفساخ‬
‫ وبه علم أن ما يسرع فساده ال يتوقف عىل‬.‫أو بنقصان وضع عىل المشرتي وهذا نوع استحسان اهـ‬
‫ بخالف غريه فإن القاضي يبيعه عىل ملك المشرتي ولذا كان الفضل له‬،‫القاضي لرضاه باالنفساخ‬
‫والنقص عليه‬
11.8.2 Repurchase of goods sold

Q) The Finance Company buys cars, machinery, equipment etc and sells the
same to the clients. Sometimes the clients:
- Return the goods.
- Cannot pay for the goods.
Can the Finance Company re-take the goods at a price less than that at which
the goods were originally sold to him.
A) In a case where the buyer could not pay the price of the goods sold to
him, it is not permissible for the seller to repurchase the same goods from
the buyer at a lesser price. However, if the commodity has been subjected to
depreciation, the seller can repurchase it at a depreciated price according to
the market valuation.
11.8.3 Selling of receivables

Q) We have a Shari'ah compliant Auto Finance Company which we wish to
close down as a business. The Company finances cars on the basis of Murabaha
agreement.
Chapter 11
Business 375
In order to close down the business, we can either sell the whole company
with all its assets and liabilities or failing which, sell its only asset which is
the portfolio of car financed by us and the outstanding installments receivables
against these cars financed.
For regulatory/licensing and other reasons we may not be able to sell the whole
company as such we would like to sell the only asset of the company which
is the portfolio of our cars financed and outstanding installments receivable.
From Shari’ah perspective we need your guidance as follows:
- Can we sell the whole portfolio of our cars financed and the
outstanding installments as of today, by transferring the whole portfolio
and the rights to a buyer who will be an existing Islamic auto finance
company/or Islamic Bank.
- If we can sell, can we charge a premium on sale of such portfolio
or car financed and outstanding. It can also be a situation where we may
have to sell the portfolio at a discount to the buyer as he may not see it as
a good earning asset for him.
A) The cars financed through Murabaha are owned by the customers. They
are no more your properties. What you own is the instalments due on the
customers. These receivables cannot be sold except at par value. However, if
you have some cars that are not yet sold on Murabaha, you can sell these at
any price agreed with the purchasers.
Follow up question:
Q) First of all, thank you for your response. I have a follow up question
please for further guidance from you.
We understand from your response that receivable cannot be sold at premium,
it can only be sold at par. We assume it is permissible to sell receivable at a
discount if there are no buyers at par.
Further, can we sell our shares in the finance company itself at a premium (or
discount) rather than selling receivables. Please note that the main asset in the
books of finance company is receivables.
In addition, as we are into a Joint Venture for this finance company with a
foreign firm and our partner intends to sell either the company or the receivables
only at premium and does not agree on selling at par, in that case can we agree
Chapter 11
376 Business
to sell at premium and give our share of the premium amount to charity.
A) In fact, receivables cannot be sold; they are actually assigned (Hawala) to
an assignee, and therefore they can only be assigned at par, even if no assignee
is available to accept it at par. Now only two options are available.
1) Some cars are purchased without giving them on Murabaha. Then all
the assets of the company, including the cars and the receivables are sold
in toto. In this case, the price of all the assets may reflect a premium or a
discount. For example, if the receivables are 10 million, a car is purchased
for one million making the total assets 11 million. Now all these assets may
be sold for 12 million or any other price agreed with the buyer.
2) If the company has some assets other than receivables, though with
low percentage, like building, furniture or valuable licenses or goodwill,
the company may be sold at any price agreed between the parties.
Follow up question:
Q) We are now clear on the following:
- Receivables cannot be sold. These can only be assigned and at par
only.
- In case, in addition to the receivables we have other assets in the
company for example 10 million receivable and 1 million other assets in
the company than we can sell the assets in total at a premium for example
at 12 or any other price agreed with the buyer.
- Similarly, you have mentioned that if a company also has other assets
in addition to receivable it can also be sold at any price agreed between
the parties
I shall be grateful if you can kindly guide on a follow up question below:
- We wanted to clarify the above wordings ‘or any other price agreed
with the buyer’. Does this mean that in such cases (where receivables
are sold in toto along with some other assets) we can also sell at discount
(which discount may result in a total sale price to be even less than the
receivables).
So, in the example given, can we sell the total assets or shares with a
book value of 11 million (10 million receivable + 1 million other assets)
at discount as follows:
Chapter 11
Business 377
At 10.5 million (below total asset value but above receivable amount of
10 million)
At 9 million (below the receivable amount of 10 million)
A) Example No.1 is correct, as it can be assumed that 10 million receivables
are assigned at par, and 0.5 million is against other assets. But example No.2 is
not permissible as the price is not equal to the receivables, and there is nothing
against other assets. I hope it clarifies the position. Still if some points are not
clear, please do not hesitate to contact me again.
11.8.4 Sale of Rotten Dates

Q) What is the right course, according to the Islamic Shariàh, in the following
matter. Kindly advise us according to Hanafi School of jurisprudence. It will
be much appreciated if you inform us of allowances, if any, given by other
schools of Fiqh in order to save my friend from the great monetary loss which
he is going to suffer for none of his faults.
One of my friends, a businessman, has recently imported a huge quantity of
dates which involved big money. Unfortunately, the shipment was received
much later than was due. My friend was shocked to see that the whole lot of
dates was in a state of ruin with decay. Having no way out my friend decided
to dump the whole lot in the sea. In the meantime, a Jew trader came with an
offer to purchase the lot against a reasonable amount.
When asked by my friend as what would he do with this rot, he replied that he
was to prepare wine from it for commercial use. Being a Muslim, my friend
sought religious advice by some available Khatibs of the mosques. One of them
suggested that it was permissible to sell the dates to the Jew as it was none of
his business to know what the purchaser planned to do with the goods. Anyone
selling a knife cannot be held responsible if the purchaser cuts the throat of
someone with it. The other Imam, on the other hand strictly prohibited him to
sell the goods to the Jew. He contended that selling the dates to the Jew would
amount to his participation in producing wine which is not allowed in Islam
in any circumstances.
A) Selling the lot of rotten dates in the above case is not permissible, because
the rotten dates have no other use than to produce liquor. It cannot be allowed
on the analogy of a knife sold to someone who, on his own, used it later to kill a
Chapter 11
378 Business
person, because the use of a knife is not restricted to killing an innocent person.
It is originally meant for a large number of permissible activities. If the buyer has
used it for an impermissible or sinful act, the seller cannot be held responsible
for it. The rotten dates, on the contrary cannot be used for permissible purposes.
The principle set by the Shariàh in this respect is that if the subject-matter of
a sale can be used for both lawful and unlawful purposes, its sale is allowed
if the intention is to sell it for a lawful use. However, if the subject matter
is such that it cannot be used for a lawful purpose and its exclusive use is
impermissible in Shariàh, its sale is not allowed. My esteemed father, Maulana
Mufti Muhammad Shafi $ has written a paper on the subject where he has
elaborated the details of this principle. The paper is included in his (Jawaher
Al Fiqh) V.2. p.439 and the relevant principle may be found at page 447.
The question how your friend may be saved from the loss depends on the
nature of the contract he has entered into with his exporter. If the contract
was to deliver the dates at the buyer’s place at the risk of the seller, your
friend may have recourse to the exporter to provide him fresh dates, but if
the responsibility of the exporter, according to the contract, was restricted to
deliver the dates to the shipping company, and the dates were to be transferred
from there at the risk of the buyer (i.e. your friend), then it is the loss of your
friend and no one has to compensate it because he himself has assumed the
risk. If the loss, however, is caused by any negligence or mishandling on the
part of the shipping company, your friend may claim compensation for it.
11.8.5 Purchase through instalment system
Q) Can we buy computer or fridge through installment system. What the
Shari'ah says about installment system.
A) Purchasing computer or fridge etc. on installment is allowed on the
condition that the period of payment and the price is determined at the time of
effecting the sale which will not change throughout the period.
11.8.6 Fixing sale price before fruit appears on trees

Q) We have a factory where we produce Mango Juice and sell in bottles.
For that we buy Mango pulp from India and Pakistan. The price of Mango
pulp is very fluctuating and it is very difficult to control the cost and thereby
profitability or viability.
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In order to buy the Mango pulp we have to wait for the price until the crop is
fully grown and taken off the trees.
The question is, is it possible to contract the price today when the crop is not
fully grown as yet and tie up the price now, so that we know the price now and
plan our cost.
A) It is not permissible to buy any fruits before they have appeared on the
trees. However, the seller may give you a promise that he will sell the mangos
at a certain rate after they are grown up. It will be a "promise" and not a sale
which will take place when the fruits are in a salable position.
11.8.7 Charging subscription fees after selling it as free
Q) I would appreciate it if you would be kind enough to give me advice

from the Shari'ah point of view regarding a disagreement I am having with a
Muslim radio station. When a certain Muslim radio station came into operation
a couple of years ago it sold receivers. We were told at that time that neither
subscription charges nor installation fees will be charged. We were also not
told that subscription fees would be charged in the future.
Many people bought the receivers on this understanding. Now in 2004 the
Board of the Radio Station announced that they are going to charge a monthly
subscription fee of R 60 (unilaterally without consulting the public). Those
who do not pay this subscription will not receive transmission via the satellite.
What is the Shari'ah viewpoint regarding the subscription fees. What are the
rights of the buyer/seller regarding the transaction.
The receiver is used to receive transmission via the-satellite for the radio
station and one or two other stations, BBC and music channel. One is also
not able to get the local radio station because it seems that it only picks up
transmission from satellite dish. The receiver becomes useless if you are not
able to get the radio station.
The problem I have with the transaction is that the Radio Station did not
advertise that they were going to charge for the subscriptions in the future.
A) As per your question, the receiver may receive the transmission of other
radio stations as well. In this case, the sale of the receiver is independent
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of subscribing to the radio transmission.4 If they had promised to provide

subscription free of charge for all times to come, they should abide by this
promise unless they have a valid reason for charging a fee for that. But in any
case it does not affect the validity of the sale of the receiver.
11.8.8 Refund of School Fees

Q) A pupil enrolled at a Muslim School. Upon his admission he paid full
terms fees. However, due to circumstances the child had to leave the school
after only a few weeks. Now is the pupil entitled to receive a refund for the
fees he has paid or can the School Management keep the fees. No agreement
was made at the time of admission relating to this matter.
A) If no agreement was made at the time of admission relating to this matter
the full term fee will be deemed to be an amortized fee for the full year and
it will be distributed on the whole period. Therefore, if the student had to
leave the school before completion of the term the school may retain only the
fee relating to that period in which he actually studied and the rest must be
returned to the student.
11.8.9 Earning by deceiving

Q) I am academic writer. I write assignments and projects for students which
their teachers assign them and they pay me in return. Is the money I earn is
Halal or jaiz for me or not.
A) It is not permissible, and you should avoid to earn or use this income.
11.8.10 Purchasing items from duty free shop fictitiously

Q) The Islamic Academy of Barbados publishes a quarterly magazine
(Sa’wtus Sahil). In this magazine we have a question and answer page. People
also ask us all different questions. At this particular moment we have a question
where we would like your assistance.
An ongoing trend in our Muslim community (in Barbados) where our local
4 Every electronic device has its own utility, even if its benefit can only be drawn by subscribing to
a program. It is like a mobile phone which has a value in itself, but its use is conditional to acquire a
sim and subscribing to a particular company. If a company allowed the subscription to the owner of a
mobile phone free of charge, then it started charging a fee, it does not affect the validity of the sale of
the device itself. (Mufti Muhammad Taqi Usmani)
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brothers and sisters whose family and friends are visiting from overseas use
them to purchase items at duty free prices for their personal use and/or for
business (resale at profit). We all know that duty free purchase carry strict
restrictions and moreover the individual under whose name the purchase is
being made has to sign form agreeing to these conditions. Is this transaction
legal in view of Shariat.
A) If the local people are allowed to purchase the items at duty free prices
for their visitors, they can do so according to Shari'ah. However, if there is a
legal bar against purchasing the items for others and they have to purchase it
in their own names fictitiously, while the actual purchase is from their visitors/
guests, it is not permissible.
11.8.11 Selling goods to a person with impermissible earnings

Q) Is it permissible to sell an item to a person whose sole earnings are from
impermissible avenues, and it is known that the money he is purchasing with
is most probably Haram.
A) It should be remembered at the outset that the seller of a permissible item
is not obligated to ask the buyer about the source of his income or the source of
money he is purchasing with. However, if the seller is fully sure that his income
is solely derived from an impermissible source, and he has no other source at
all, then as a matter of principle, if the customer is paying the price from that
impermissible income, and there is no chance that he has borrowed that money
from another person whose money is Halal5, it will not be permissible to sell
an item to such a Muslim person in lieu of such money. But if even a small
portion of his income is earned by permissible means, then taking the price to
the extent of the permissible portion is permissible. However, if the purchaser
is a non-Muslim whose earnings are permissible in his own religion, it will be
permissible to sell to such a non-Muslim in lieu of such earnings, even though
those earnings are not permissible in Islamic Shari'ah.
5 If a person whose income is solely Haram, borrows money from another person whose income is
Halal, then it is permissible for the seller to accept such borrowed money as a price of the sold item.
Thus, if such a person buys the item through a credit card issued by any bank, even by a conventional
interest-based bank, it will be permissible for the seller to accept the card and claim the price from
the issuer of the card, because the total money held by that bank is not Haram; rather, its major part
consists of share capital and the deposits of the people, which will be presumed as Halal, unless
otherwise is proved, and there is no way to prove it otherwise. This position will be all the more
obvious if the issuer of the credit card is an Islamic bank, as all its money should be presumed as
Halal.
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11.8.12 Purchasing extension of warranty

Q) A person purchased a car two years ago. The car came with a motor plan
which covers all service costs and mechanical faults that may occur for the
duration of two years. The motor plan is almost expiring. The company has
offered this person that if he pays a sum of R 10,000, they will extend the
motor plan for an extra 30,000 KM giving him 10% cover on anything that has
to occur to the functionality of the car. Is it permissible for this person to pay
this R 10,000 and acquire the extension on the motor plan.
A) The motor plan mentioned in the question is a type of maintenance
contract referred to as (aqdus siyanah) by contemporary Shari'ah scholars.
A definite and acceptable opinion regarding the technical categorization of
this contract has not yet been formed. It does not seem correct to categorize
such a contract as Ijarah (lease), in our opinion, since the service/ work cannot
be stipulated in the contract in a specific manner. Similarly, if this contract is
categorized as Ja’alah, the contention remains that in Ja’alah the remuneration
is given after the service has been rendered and not before, as is the case in
the mentioned contract. Despite this, due to the currency of this contract in the
market, and the need of the people, an alternative should be sought. Therefore,
some scholars have rendered it permissible subject to some conditions. The
detail of their opinion is as follows:
This type of contract may be of two different kinds:
If this contract is stipulated for a service that is neither needed at the time of
the contract, nor is it not known whether the need for it will arise in future, and
to what extent such service will be required in case of need. In this case, the
contract has an element of `Gharar', hence, should not be allowed.
The second scenario of such contract, considering the nature of the equipment,
may be where the need for such service is almost certain to arise in future,
and both parties have a general idea of the extent and type of the maintenance
required, and the contract stipulates the required maintenance in a manner that
does not lead to dispute, then it seems that this contract should be acceptable.
This view is preferable in my humble opinion. However, it will be more
preferable if the contract contains a condition that the maintenance company
must visit the equipment periodically and render the service if required, in
which case the contract will be valid without any doubt.
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11.9 Lottery and rewards program
11.9.1 Marketing program incorporating a Lucky Draw
Q) The Bonsella Bonanza Lucky Draw marketing system and customer

loyalty program ("the marketing program") operates as follows:
1) The marketing program is owned, administered and managed by a
private company, C.R.S. Holdings (SA) Pty Ltd ("the company").
2) An independent trader in the marketplace applies to become a
member of the marketing program ("the participating merchant").
3) Upon acceptance of the application, an agreement is concluded
between the company and the participating merchant ("the agreement").
4) The material terms of the agreement are as follows:
a) The company undertakes to deliver each month to the
participating merchant a quantity of tickets as ordered by the
participating merchant or as agreed.
b) The participating merchant agrees to supply numbered tickets,
free of charge, to its customers.
c) the tickets are not negotiable or transferable.
d) Prize monies are paid by the company to the winners of the
monthly Bonsella - Bonanza Lucky Draw. This is akin to a lottery
whereby winning numbers are determined at random, with the use of
a computerized random number selector program.
e) The company promotes the name of the participating merchant
in advertising, which the company at its expense undertakes, so as to
encourage customers to buy from participating merchants.
f) The participating merchant pays a monthly marketing fee to
the company in an agreed sum. In terms of the brochure, issued by
the company, the marketing fee is allocated to the number of tickets
issued. For example, on a monthly turnover of R100,000, 2500 tickets
are issued at a cost of 25 cents per ticket, resulting in a marketing fee
of R625 per month.
5) At least 25% of the revenue generated by the company, through the
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collection of marketing fees paid by participant merchants, is utilized

in the payment of cash prizes as a result of the operation of the monthly
draw.
6) The participating merchant benefits from the operation of the
marketing program in the following ways:
a) Customer loyalty is promoted.
b) Existing customer base is maintained.
c) Turnovers are increased, giving a competitive edge.
7) In short, customers would probably prefer to purchase goods from
participating merchants because they are issued with numbered tickets
by the participating merchants, free of charge, and accordingly stand the
chance of winning cash prizes.
Is it permissible, for a Muslim trader to participate in the marketing
program of the company, for a perceived commercial benefit but against
the payment of a marketing fee.
Is the prize received by a Muslim customer, who wins a draw, regarded as
a legitimate Halal gain, having regard to the facts that:
- The customer himself has received the ticket, free of charge,
from the participating merchant.
- An essential element of a lottery is that the recipient of a prize
(the winning number) buys a numbered ticket from an authorized
seller (which is not the case here).
On the other hand, are the transactions, considered as a whole, so interconnected,
in the sense that the participating merchant must be treated as being a direct
participant in a prohibited transaction of Qimar.
A) I have carefully gone through the Marketing Program of C.R.S. Holdings
(the Company). I do not see any element of Qimar in this scheme. So far as
the customers are concerned the prize won by them through the lottery is not
against any payment. Therefore, it is a unilateral prize given to them by the
company and there is no bar from Shari'ah point of view to have a benefit from
such a prize. The only condition is that the commodities they purchase from
the merchants is sold to them at a normal price and they do not have to pay any
increased amount for the tickets, neither as a price of the ticket directly nor
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through the increased price of the commodity they are purchasing. Perhaps,
this condition is fulfilled in this scheme and therefore this prize of lottery does
not fall within the definition of Qimar or Gambling.
As for the payment of marketing fee by the merchants to the company, it
does not render the scheme as Qimar because this fee is a consideration for
the promotion of the business of the merchants undertaken by the company
through advertising and issuing tickets and therefore it may be held as a fee
for the promotion of the business as well the price of the tickets. Hence, it does
not contain any Haram element.
This answer is based on the details given in your question. However, it will be
more precautionary if other Ulama of the country are also consulted.
11.9.2 Winner of a lottery, not contributing any money

Q) I was selected as a winner in the ballot lottery promotion conducted by
the Interlotto inc. USA. I was selected on the basis of a computer ballot system
in which my e-mail address was chosen. This institute is offering me a prize
money as a winner. My question is whether I could claim the prize money. I
never actively participated in this draw nor did I forward my e-mail address to
this organization. They have selected my e-mail address on the internet. This
program is to encourage internet users.
A) If you did not contribute any money to participate in the lottery, the prize
given to you is not qimar. It is therefore permissible for you to receive such a
prize.
11.9.3 Drawing lots for an award or gift

Q) The Shari'ah rulings will be much appreciated in the following matters.
1) Is drawing lots for obtaining certain awards fixed by government or
non-government organization permissible in Islam.
2) Is drawing lots for purposes other than money allowed in Islam.
A) Drawing a lot for the purpose of gambling, whereby the participants of a
draw stake some money to achieve an uncertain award is impermissible.
However, the method of drawing a lot is permissible where no money is put
on stake. For example, for the following two purposes:
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Firstly, to select a person for a voluntary gift or award. For example, a person
wants to give an amount as a gift to one of the ten persons. He can select the
person by drawing a lot.
Secondly, where various persons are joint owners of a property and they want
to partition it, they can divide the property in equal parts and if they cannot
allocate the different parts of the property between them by mutual consent,
they can draw a lot to identify the specific shares of the parties.
When the Holy Prophet ‫ ﷺ‬went on a journey he had the authority to select
between his wives for accompanying him on the tour, but instead of deciding
the matter on his own he would usually draw a lot for the purpose of selection.
This practice of the Holy Prophet ‫ ﷺ‬is included in the first situation mentioned
above.
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CHAPTER
12
12.1
Property
Buying & selling of property under-construction - Secondary sale
388
12.1.1 Buying apartments completed but not ready to occupy 388
12.1.2 Buying an unfinished house for own living 388
12.1.3 Promise to buy a under construction property when ready 388
12.1.4 Selling an apartment booked before its completion & a solution 389
12.1.5 Selling of property under construction 393
12.1.6 Sale by a Developer of apartments in a new development 393
12.1.7 Sale of property with a buy-back arrangement 396
12.1.8 Buying property on diminishing partnership basis 397
12.1.9 Buying a house on installment 398
12.1.10 Advance payment received belongs to the company 399
12.1.11 Distressed Sale of property or business 399
12.2 Renting of property 400
12.2.1 Leasing property to a conventional bank 400
12.2.2 Leasing property to a Hotel serving alcohol 400
12.2.3 Giving shop on rent which will also sell alcohol &/or pork 401
12.2.4 Lease of property to be used for impermissible activity 401
12.2.6 Selling leased property before the termination of the lease 402
12.2.7 Is Turnover Rent Permissible 403
12.2.8 Rental Income on a property with loan on interest 404
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12.1 Buying & selling of property under-construction -

Secondary sale
12.1.1 Buying apartments completed but not ready to occupy

Q) Can we buy apartments which are completed and inspected but are not ready
to occupy and stay due to sewerage connection or other utilities not available.
A) If the seller has taken possession of the apartment from the developer and
risk has been transferred to him, it is permissible to buy such apartment even
if all its utilities are not functional.
12.1.2 Buying an unfinished house for own living

Q) Is it allowed to buy an unfinished house in the secondary market for own
living.
A) It is not allowed to buy or sell an unfinished house/apartment, if the
developer has not given delivery to the seller and risk has not been transferred
to him. However, if the seller has taken possession of an unfinished home and
risk has been transferred to him, it is permissible to buy such unfinished home.
12.1.3 Promise to buy a under construction property when ready

Q) We do understand that one cannot sell to a third party (nor a third party
can buy) an apartment or villa which has been acquired from a developer until
the construction is complete and the apartment or villa is delivered.
However, in one such case the under-construction apartment would be
delivered in the next 2 to 3 months. Can we today "agree/promise" to buy such
an apartment at a particular agreed price when it is ready and delivered to the
owner i.e. the owner would first pay the final installment take possession and
then sell at the price agreed/promised by both the seller and buyer.
If such a promise is allowed to buy the apartment at a particular price (once the
apartment is complete and delivered), can the buyer also pay a deposit today
if the seller today insist that along with the promise, he also wants a deposit to
assure himself of the promise.
In brief can one make a promise now to buy and sell and can the promise be
added with a deposit also.
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A) There is no bar against making a promise to buy but if a deposit is paid to

prove one’s seriousness, it cannot be used by the would-be-seller for his own
benefit. He has to keep it as trust or invest it somewhere with the permission
of the depositor, and the profits will belong to the depositor, and not to the
would-be-seller.
12.1.4 Selling an apartment booked before its completion & a solution

Q) Please oblige with the correct Shari'ah position on the following type
of Real Estate dealings prevalent in the business community with frequency
these days. I will put forth a hypothetical example of such dealing below,
giving two distinct scenarios, in vogue for such dealings:
Facts & details of the transaction:
On Jan 1, 2004, a group of "Builders" named "X-Company" announced an
Apartment project with 50 flats. Each flat is priced at Rupees 5 million (50
lacs) by the builder. Payment terms: 20% down payment on booking; balance
spread on 16 equal monthly installments of Rs.250,000 each. The "Builders"
promised to hand over the completed flats at the end of the 16th month starting
from Jan 2004.
Scenario #1
On Jan 1, 2004, Mr. Zaid booked a Flat paying Rupees 1 million (10 Lacs)
being 20% advance. Thereafter, he paid two monthly installments for Feb -
Mar 2004 totaling Rupees 500,000. As of March 31, 2004 the total amount
paid by Zaid, including the 20% advance, amounted to Rupees 1.5 million (15
Lacs).
In April 2004 the Real Estate market shot up; Mr. Zaid was offered 7.5 million
(75 lacs) by Mr. Bakr, for the same flat that he booked for a total sum of 5
million (50 lacs) with the Builders. This meant a premium of 50% on the
original booking price of the flat yet to be completed. At that point of time, the
building structure was NOT erected; just the groundwork was done with full
foundations being complete.
Mr. Zaid accepted the offer taking from Bakr a total sum of Rupees 4 million
(2.5 million being the premium plus Rupees 1.5 million already paid to the
builder). The deal was thus struck privately between Zaid and Bakr through an
Estate broker. Zaid surrendered to Bakr all the official receipts issued by the
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"Builders" against his payments thus far.

The "Builders", "X-Company", additionally charged Rs.50,000, as fees from
Mr. Zaid, and amended their records retrospectively to show the 1.5 million
received so far from Zaid as if they were received by them from Mr. Bakr.
Mr. Bakr’s name was inserted in the records as the future owner of the said
flat, subject to the payment of balance installments; thereby making Bakr now
liable to pay the builders the remaining 14 installments of Rs. 250,000 each as
per the original terms of the agreement with Zaid.
Scenario #2:
All the details of the Scenario #1 are valid except: after 14 months of the
booking, on March 31, 2005 (two months before the final complete and
handover of the flat), the position on that date was as follows:
1) Zaid had paid the 20% advance plus fourteen (14) equal installments
of 250,000 each, till March 2005 totaling 4.5 million (Rupees 45 lacs).
At that point, he sold the booked flat to Bakr against a sum of Rupees 7.5
million (75 lacs).
2) The entire building was complete except, final plastering and other
subsequent processes till finishing were pending. Nevertheless, the
building and all its floors, with respective segregated apartments, stood
erected and distinguishable.
3) The builder however, had not handed over the official possession of
the flat to Zaid;
4) After taking 7.5 million from Bakr, procedurally, Zaid executed the
deal in the same manner as mentioned in Scenario # 1 above.
Important note:
According to the customs and usage of the trade in this sector - regardless of
the stage of the completion of the project - the physical risk of the said project
rests with the "Builders" till such time when the wholesome possession, either
symbolic or physical, is handed over by the builders to the person who has
booked the flat. Therefore, the real substance and legal position of all the
payments made by the booking party is in the nature of deposits (payable
by the builder) till the handover of the possession of the said property to the
booking party. This has been corroborated by various Estate brokers who
confirmed that if any physical risk materializes and the project gets destroyed
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Property 391
or damaged before the handing over of the possession to the booking party, the
builders are legally liable for: either returning to-date deposits of the booking
parties, or make a similar property available to the booking parties as per
the original terms of the deal against past and future payments made by the
booking parties, whichever may be the case.
Questions:
1) Is the premium of Rupees 2.5 million earned by Zaid, over and above
on his thus far booking money paid Halal for Zaid in both the scenario or
in any one of them.
2) Does the degree of stage of completion of the project, being the major
difference between the two scenarios above, alter the Shari'ah opinion
from one scenario to the other.
3) What is the permissibility for Bakr to pay this premium and buy this
yet to be completed flat from Zaid.
4) Given this transaction is not permissible as per Shari'ah in its present
form, then, what is the injunction on the permissibility for an Estate
broker who got commission while brokering such a deal.
5) Is it lawful for the "Builders" to charge Rs.50,000 for transferring his
records in favor of Bakr.
6) If the premium thus earned is Haram as per Shari'ah, what is the
recourse with a person who has earned such gains in ignorance. Can he
retain them and seek repentance, or he has to spend in Charity to expiate
the same.
7) Is there a substitute Shari'ah Compliant way to work out such a
transaction.
A) 1) In the given situation, the contract between Zaid and the builder
is that of Istisna’ (‫ )استصناع‬in which Zaid is Mustasni’ i.e. the one who
ordered, and the builder is Sani’ (‫ )الصانع‬i.e. the manufacturer. In the
contract of Istisna’, the ownership of the subject matter does not transfer
to Mustasni’ (‫ )المستصنع‬unless he takes its possession. Before that, Sani’
(‫ )الصانع‬is the owner of the subject matter of istisna’.
Therefore, it is not allowed for Zaid to sell the flat to Bakr, regardless of
the stage of completion of the said flat. The reason is that Zaid does not
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392 Property
own the flat. And it is a well-settled rule of Islamic jurisprudence that one
cannot sell something that he does not own. Hence, the profit that Zaid
earned in this deal is impermissible.
2) As mentioned in Answer # 1 above, in the given situation, the degree
of stage of completion of the project does not alter the Shari’ah opinion
from one scenario to the other. In both scenarios, it was not permissible
for Zaid to sell the flat, for he is not the owner of the flat.
3) It is not permissible for Bakr to buy the flat in the given situation
because this transaction is not allowed in Shari’ah.
4) It is not permissible for an Estate broker to be the agent of the given
contracts or to receive a commission on them, as these are impermissible
transactions and it is not allowed for a Muslim to assist in impermissible
deeds. Allah Ta’ala says:
‘Help each other in righteousness and piety, and do not help each other in sin and
aggression. Fear Allah. Surely, Allah is severe at punishment.’ (5:2)
5) Transferring the records by the builder in favor of Bakr is, in fact, a

part of the previous transaction between Zaid and Bakr. That transaction
was invalid according to Shari’ah; therefore, transferring the records by
the builder is not permissible and so is the fee taken against it.
6) The amount received through an invalid sale contract is not
permissible and it must be given back to its owners. If the owners or their
heirs are not known then this amount should be given in charity on behalf
of the owners. If the whole amount cannot be given in charity at once,
then it should be given gradually.
7) The Shari’ah compliant substitute of such transaction is that Zaid
should promise to sell the flat rather than actually selling it. It means
that Zaid should say that I promise that when I get the ownership of the
flat and take its possession, I will sell it to you on a specified price. In
this case, it is allowed for Zaid to receive cash payment from Bakr as
well. This payment would not be considered as price of the flat. Rather, it
would be a deposit against an agreement to sell on Zaid for Bakr. When
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Zaid gets the ownership of the flat and takes its possession, then the sale
transaction will be concluded through proper offer and acceptance, and
the previous payment from Bakr will now be adjusted as price of this sale
transaction. The transaction will thus become valid.
12.1.5 Selling of property under construction
Q) I wish to ask the following question with respect to the buy and sale of
property under construction:
In Dubai there are several developers of property who are selling apartments
or villas. One can book these villas for an advance payment of say 20% with
the balance of money to be paid in installments over a future period with
the last installment to be paid upon delivery of the property bought. In the
meantime, the buyer is fully committed and holds the title and risk to the
purchased property through a sale purchase Agreement with the developer.
The buyer is also obliged and committed to pay the full purchase price as per
agreed terms.
The property in question is usually under construction and may be ready after
two to three years.
The question is that after having bought the property as above, can the buyer
sell the same at a premium or discount or same price. The developer does
allow such sale by the buyer to another interested party. They usually also
charge a transfer fee to affect such secondary sale and purchase.
A) A person who has booked an apartment or a villa which is under
construction cannot sell it to a third party unless the construction is complete
and the apartment or villa is delivered to him, because it is an Istisna’ contract
in which the house cannot be sold before possession.
12.1.6 Sale by a Developer of apartments in a new development

Q) I wish to seek your guidance on the following questions with respect to
construction of multi-story apartment building, sale of its apartments and re-
sale by the buyers, in accordance with the Islamic Shari'ah.
The Project:
As Developer, we wish to construct a multi-story apartment building, with
some 500 apartments. The construction of the building would be completed in
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394 Property
three years. We plan to book the apartments for sale with an advance payment
and the balance to be paid in installments over the construction period with the
final installment upon delivery of the apartment.
Questions & Answers
Q1) Can we start selling the apartments now as we start the design and
construction phase, with an advance payment and the balance to be paid on
installments over the construction period.
A1) As soon as the design and full specifications of the planned apartments
are prepared and made available to the clients you can sell the apartments on
the basis of Istisna.
Q2) Can we start selling the apartments before we have signed with the
contractors for construction and various other services.
A2) It is not necessary for permissibility of selling of the apartments that you
have not already signed with contractors for construction. The only condition
is that the design and specifications are fully settled. After this it is permissible
to sell the apartments on the basis of Ististna even though you have not yet
signed an agreement with contractor.
Q3) The payment for the apartment would be in several installments spread
over the construction period of three years. Can the installment amounts be
arbitrarily fixed or do these have to correspond to the stage of completion of
the project.
A3) The price in Istisna can be demanded in agreed installments. The amount
of installments may be fixed with agreement of the parties, and it is not
necessary that they correspond to the stages of the completion of the project.
Q4) We understand that the buyer (the person booking the apartment) cannot
sell the same until the apartment is complete and the buyer receives the
possession. However, if the buyer still sells the apartment before possession,
can we facilitate the buyer to ‘transfer’ the apartment in the new buyer’s name.
A4) Since the buyer cannot sell the apartment to a third party before the
apartment is delivered to him, any sale on his part before that, is impermissible
and it is also not permissible to facilitate such a sale by transferring the apartment
in the new buyer’s name. However, the alternate way is suggested in answer to
Question # 8 if that procedure is adopted the apartment may be transferred.
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Q5) When we are allowed to transfer the sale of apartment, how much transfer
fee can we charge. Can we as developer of the property charge an arbitrary
amount as transfer fee or only so much as to cover the administrative cost.
A5) Please see the answer to Question # 8 for this question also.
Q6) If the buyer cannot keep up with the installments, and we acquire the
property back from him, how much of the money which he has already paid
needs to be refunded to him. Can we as developer of the property charge the
buyer an arbitrary amount as a penalty or only actual loss incurred by us due
to cancellation of sale or only so much as to cover the administrative cost.
A6) If the buyer cannot keep up with the installments you can cancel the
contract with him in which case all the money paid by him must be refunded
to him. No penalty can be charged. However, if the developer has incurred
some financial loss due to cancellation of sale, only the amount of actual loss
may be claimed from the buyer.
Q7) We anticipate that the value of the apartments will appreciate as the
construction of the building progresses. If all the apartments could not be sold
at the launch of the project or we hold some of the apartments for sale later,
can we sell such apartments later at a different price than the original sale
price.
A7) Sale of every apartment is independent of all other apartments. Therefore,
every new sale of an apartment may be at a price different from the apartments
sold earlier.
Q8) The local market of property purchase and sale is such that people buy
and sell the property before its construction is complete. Therefore, is there
any way in Shari'ah (e.g. having a different kind of contract as opposed to
Istisna’a) in which it is possible that the buyer of apartment can sell after
construction has started but before completion and possession of apartment.
A8) The transaction undertaken by a developer with the buyer cannot be
designed in any other way than Istisna. The rule about Istisna is that the
apartment will not come into the ownership of the buyer unless it is handed
over to him by the developer. He cannot sell that apartment to any other party
because he does not own it.
However, if someone wishes to transfer the apartment to a third party he will
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have to enter into a compromise with the developer that he (the buyer) wishes
to take delivery of the incomplete construction of the apartment for an agreed
amount which may or may not correspond to the installments already paid by
him. If the developer agrees to buyer’s request, the former contract will stand
cancelled and the sale of the existing incomplete construction will take place.
Once it is owned by the client he may sell it to the third party for an agreed
price which may be more than he has paid to the developer.
Then, the new owner of the incomplete apartment may enter into a fresh Istisna
with the developer for the purpose of completion of the construction.
Once this procedure is adopted the developer may transfer the apartment in
the name of the new buyer.
The transfer fee should not exceed the actual administrative costs, however,
since it will be a fresh Istisna of the new buyer, the price of Istisna may be fixed
afresh with consent of the parties which may include some amount intended
by the developer to charge as transfer fee.
12.1.7 Sale of property with a buy-back arrangement

Q) One of the property companies is selling shops at the rate of Dh. 700
per square feet. The seller has bought the whole building from a government
property development Company and is now selling individual flats and shops
to the individual buyers.
The property is under development by the government property company and
will only be ready for possession after two years.
The seller is saying that the buyer of this shop can book/buy the shop now
and pay the whole amount with booking. At the end of two years when the
property is ready, the seller will buy back the property at Dh. 1,000 per square
feet. The seller and the buyer both will be bound by the contract of buying
back and selling back irrespective of the value of the property at that time after
two years.
In effect, the buyer is fully committed to buy, has paid the full amount and a
legal purchase contract will be signed between the seller and the buyer. There
would be another contract as well which would bind both the seller and buyer
to re-buy and re-sell respectively at the end of two years at a fixed price.
Is this allowed under Shari'ah.
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A) The buy-back arrangement mentioned in the question is not permissible

in Shari'ah. It is called ‘inah’ in Islamic fiqh which is a fictitious device for
interest-based financing.
12.1.8 Buying property on diminishing partnership basis
Q) The following questions are with regards to purchasing a house.
Purchasing a house in the UK (especially in London) is very difficult because
it is based upon a system of mortgages, which are in turn based upon interest.
I recently discovered a scheme, which facilitates the purchase of the house
(brand new or used) without the involvement of interest. However, I think
there is an aspect of the scheme, which seems to be linked to inflation and
hence I need your advice as to its permissibility. Details of the scheme are
described below:
‘Tower Homes’ is a housing association, which provides homes (both new and
used) on the basis of shared home ownership. It is a not-for-profit organization,
and it works with and is partly funded by local councils and the Housing
Corporation (the Government agency that funds and regulates the housing
associations).
Shared Home Ownership is a government-backed scheme for people who
cannot afford to buy a home outright. Basically, when the buyer has decided
which home he wants to purchase, he pays Tower Homes (since Tower Homes
is the owner) for a certain percentage of that property. So, for example, if
the property is worth 100,000 Pounds, then he can pay for say, 50% of the
property (50,000 Pounds) and then in addition pay a subsidized rent for the
other 50% not owned by him. Then later, when the buyer has saved up enough
money, he can purchase another, say 25% of the property and pay a further
reduced subsidized rent for the remaining 25% not owned by him. Hence,
he may purchase the property outright; furthermore, he is not restricted to
purchasing fixed percentages. The percentage of property he can purchase at
any one time is variable. Therefore, for example he may choose to purchase
35% of the property (as his first purchase) and then increase his ownership up
to 100% (and he therefore pays no rent at all) in several stages (as his financial
circumstances indicate).
However, my question essentially revolves around the following point: (while
the purchaser is paying rent, i.e. he owns less than 100% of the property) the
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rent will increase each year on 1 April, by the rate of inflation +1%. Therefore,
does this last point invalidate the whole scheme and are there any other
problems with this scheme.
A) The scheme mentioned in your question is based on the principle of
diminishing partnership. In principle this is a permissible mode of financing but
the main factor in deciding its permissibility or otherwise is the way in which
this technique is practiced. If all the agreements are based on this concept,
which is truly reflected therein this scheme may be permissible. But there are
cases where the principle of diminishing partnership is not truly reflective in
the agreements; hence, the whole transaction becomes dubious. Therefore, it
is necessary that for true application of the related principles a Shari'ah expert
vets agreements.
If the rent of the property is increased every year on the basis of rate of inflation
and this increase has prospective (and not retrospective) effect, merely this
effect does not render the whole transaction as impermissible.
12.1.9 Buying a house on installment
Q) We seek your learned advice with regard to the following deal:
The purchase price of a property agreed on would be the total price paid for
the full term of the contract. There will be no interest, no fees or any other
penalties charged.
Example A: A company in Australia sells a house to Jahlill & Nardia for a fixed
price of $200,000, they have 10% ($20,000) which means they still owe $180,000
to the company. They sign a contract to pay $1500 per month for 120 months (10
years) for the outstanding amount of $180,000. When the total agreed price is
paid, (120 months or before) the deeds are transferred into their name.
Example B: A company in Australia sells a house to Yusuf & Ruhyada for a
fixed price of $400,000, they have 10% ($40,000) which means they still owe
$360,000 to the company. They sign a contract to pay $3000 per month for 120
months (10 years) for the outstanding amount of 360,000. When the total agreed
price is paid (120 months or before) the deeds are transferred into their name.
Note: Every buyer (in all circumstances) is liable for their own legal costs.
Legal costs include Solicitor Fees, Government Stamp Duties and Transfer
Document Fees.
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Property 399
A) I have received from you a proposal for House Financing. I have gone
through it. The proposal is acceptable subject to the following conditions:
1) The financier i.e. the Company Australia in the cited example must
own the house while entering into this contract because one cannot sell
what he does not own.
2) The entire price must be fixed at the time of sale and the sale must
take place through offer and acceptance, preferably, in written form.
However, it is not necessary that the House is registered officially in the
name of the purchaser which can be done after the full payment of price.
3) All the installments and the down payment must be known to both parties.
For further details you can consult my book "An Introduction to Islamic
Finance".
12.1.10 Advance payment received belongs to the company
Q) A project has been announced which has started piling work / foundation.
People have booked apartments in the project and given advance payment.
The advance payment received has not all been used and some portion is kept
as deposit in the bank by the company. The company has also borrowed money
for the same project to start construction.
Part of the money received in advance is kept on Islamic deposit earning
profit. Does this profit belong to the people who have booked the flats or does
this belong to the company.
A) The payment received by those booking apartments belongs to the
Company as this is part of the Istisna price, and therefore any permissible
profit earned on this amount also belongs to the company.
12.1.11 Distressed Sale of property or business
Q) The question is with respect to buying a distressed sale below the market value.
We have heard of a Sahaba’s ‫ ﭫ‬dealing with a person who wanted to sell a
possession at a lower price, but the Sahaba ‫ ﭫ‬said that he would buy it at a
higher price equivalent to the market value and will not take advantage that
the seller is in strained circumstances and distressed to sell.
Therefore, is it appropriate and right to buy a property (or a business) in a
distressed sale situation where the seller wants to sell even below the normal
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400 Property
market price, because he wants to raise cash quickly as he is in strained

circumstances to meet his cash needs.
A) Morally it is makrūh (disliked act) to buy the business or property at a
lesser price only to exploit the seller’s distressed financial state. However, if
someone buys a property ignoring that this is an immoral attitude, the sale will
still be a valid sale with all its legal consequences.1
12.2 Renting of property
12.2.1 Leasing property to a conventional bank

Q) Can a Muslim let his property to a conventional bank.
A) It is Makruh to let out one’s house to a conventional bank dealing in interest.
12.2.2 Leasing property to a Hotel serving alcohol

Q) I have a plot of land upon which I wish to construct a hotel and lease it to
a hotel.
The Hotel will also sell and serve alcohol as part of its operations. Can I
construct and lease to such a Hotel.
A) It is not permissible to rent out a building to a hotel when you are sure
that it will use the building to engage in impermissible activities like selling
Haram beverages.
If you rent out the land without constructing the building, or you construct
a multi-purpose building, and it is not possible for the lessee to engage in
impermissible activity except by doing reasonable further renovation or
construction on such building, it is permissible yet Makruh Tanzihi to lease
the land or such multi-purpose building to a company that you are reasonably
sure will use it for a hotel and engage thereby in impermissible activities.
However, if there is any possibility that the company may use it for other
permissible purposes, it is permissible to rent to it without Karaha. In this
scenario, the rental will be Halal irrespective of what the company uses the
land for; though if it does use it for impermissible activity you should voice
your disapproval with the relevant decision-makers. 2
1 See Fiqhul Buyū’, para 80
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Property 401
However, you can construct and ‘sell’ the whole building to a hotel and then
the buyer himself will be responsible for his own judgment to use it for an
impermissible purpose.
12.2.3 Giving shop on rent which will also sell alcohol &/or pork
Q) We have a commercial Mall with several small buildings we wish to rent.
Is it allowed to rent one of the buildings to a supermarket which also sells
alcohol and/or pork.
We have the following questions with regard to this:
- Is it allowed to rent a commercial space to a Super Market which
sells alcohol &/or pork.
- Can we rent and give such rental income to charity.
- Do we sell the shops and let them do whatever they like
A) It is not permissible to rent out a building to a Super Market when you
are reasonably sure that it will use the building to engage in impermissible
activities like selling alcohol and pork. However, it is permissible to sell the
shop to anyone, even if he uses it for impermissible activities.3
12.2.4 Lease of property to be used for impermissible activity

Q) We own a property which we wish to lease. We have following questions
to seek your kind guidance:
1) Leasing with right to sub-lease
Is it permissible to lease the property (or land) to a tenant (with a right
to sub-lease) and whom we know will sub-lease it for an impermissible
purpose, like a hotel which will sell and serve alcohol, or for running a
supermarket that will also sell alcohol and/or pork.
2) Lease to a non-Muslim
Is it permissible to directly lease the property (or land) to a non-Muslim,
who will use it for something that it is impermissible in Islam.
A) The scenarios of leasing to someone who will sub-lease for an
impermissible purpose, or to a non-Muslim who will use the property for
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402 Property
something impermissible in Islam, is somewhat better than the impermissible

scenario of directly leasing to a person who will surely use the property to
commit sin, though these scenarios too, are not preferable.
12.2.5 Buying and renting a property used for impermissible acts
Q) A Muslim brother has just purchased a building. The building has a tenant
whose tenancy will expire in 4 months’ time after which he will vacate the
premises. The tenant’s business is a public house where alcohol is purchased
and consumed. During the 4 months, the tenant will be using the building
and he will be paying rent to the new owner (this Muslim brother mentioned
earlier).
Was it permissible for the brother to buy the building originally.
If so, is it permissible for him to collect the rent for the 4 months while the
tenant will use the property for his business. If not, what should the brother
do now.
Similarly, a Muslim brother buys a property and then rents it out to a tenant
who opens a “Lap Dancing Club” and a Bar (alcohol etc.). Is it permissible to
collect and use this rent money.
A) In the aforementioned case, if a building has been purchased which already
has a tenant whose business includes serving alcohol and the new owner of the
building does not intend to allow this business to continue, then, the purchase
of the building itself is permissible. The new owner of the building must try
his best to terminate this contract as soon as possible.
The rent collected from the tenant for the remaining four months of his tenancy
should preferably be given to charity.
However, if a person originally rents out his property with the intention that
it will be used for Haraam acts, such as serving alcohol or for a dancing club,
then this is impermissible, and so is any income derived from it. Any
Income earned in this case must be given to charity without the intention for
reward.
12.2.6 Selling leased property before the termination of the lease
Q) Zaid leases out his property for a period of twenty years to Bilal. After
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Property 403
five years Zaid decides to sell his property to Hassan. Is Hassan obliged to
honor the contract which Zaid concluded with Bilal, or can Hassan terminate
the lease if he so wishes.
After Zaid sells the said property to Hassan after five years, can Bilal now
demand that the original lease of twenty years which was concluded with
Zaid, be continued.
A) Once the property is leased out to Bilal for 20 years, he is entitled to
retain the property as a lessee up to the end of the leased period. The lessor or
any of his representatives cannot evict the lessee unless he has contravened
any material condition of the leased contract. Zaid, the lessor, cannot sell the
property to Hassan during the leased period without the permission of Bilal
and if Bilal permits, he has two options: either to terminate the lease and hand
over the property to the buyer or enter into a new lease contract with the buyer
for any agreed price. But the purchaser of the property i.e. Hassan in the above
case cannot evict Bilal from the property before the end of the leased period
agreed with Hassan.
12.2.7 Is Turnover Rent Permissible

Q) Is Turnover Rent Permissible
- Turnover rent normally means a base rent (as a percentage of open
market rent) plus a fixed percentage of the tenant’s turnover, to the extent
it exceeds the base rent.
- Turnover rent is established commercial usage in South Africa. It is
objectively verifiable and does not lead to a dispute between landlord and
tenant. The auditor certifies the turnover figure each year as stipulated in
the relevant lease. All major, anchor tenants in shopping centers agree to
pay a turnover rental, over and above the base rental.
- The critical issue: Is turnover rental permissible.
- The basic rule is that, only that uncertainty in rent renders the lease
faasid, which results in a dispute between the landlord and tenant.
.‫والجهالة ليست بمانعة لذاتها بل لكونها مفضية اىل الزناع‬
) ‫ االجارة الفاسدة‬: ‫( رد المحتار‬
- In his well-known work on Urf, Ibn Aabideen $ states:

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404 Property
‫الن الحديث معلول بوقوع الزناع و هو قطع المنازعة و العرف ينفي الزناع فكان موافقا لمعىن‬
.‫الحديث و لم يبق من الموانع اال القياس و العرف قاض عليه‬
- The proper contextual meaning of ‫ جهالة‬was explained in the fatwa,
signed by your esteemed self, as part of the distinguished panel of jurists:
see ‫ نوادر الفقه‬: pages 116 to 129.
In my humble opinion, turnover rental is permissible because it does not lead
to a dispute between the parties, and to the extent that there is any uncertainty,
same is dispelled by established commercial usage.
Please advise me urgently if the aforegoing conclusion is correct. If not, please
furnish reasons. This is an issue which affects Muslim landlords in South Africa.
A) My prima facie answer to your question is that it should be permissible
if it has become a consistent practice based on ‘Urf, and no chance of any
dispute is envisaged. But I think that this issue needs some more research on
the basis that wherever Fuqaha have permitted some percentage of income as
extra wages, the income is always derived out of their own effort which is the
subject matter of Ijarah. In the case of a shop, the subject matter is not an effort
made by the lessor, because the subject matter is the usufruct of the shop only,
and therefore any difference in the turnover is not caused by an extra effort
made by the lessor.
12.2.8 Rental Income on a property with loan on interest

Q) Is rent income halal from a property which has interest payable loan on
it, although the portion which has been rented was re-modeled/renovated by
owner's own money and not loan. If the value of the rented portion is to be
calculated, then the owner’s own money invested in the property is much
higher than the value of the portion, which is giving rent income.
So, the question is:
Will the rented portion be considered clear of loan and the rent it generates be
halal.
A) Taking a loan with interest is a major sin and is thus impermissible.
However, if someone does borrow such a loan, he becomes the owner of
the loan amount. Therefore, if the borrower utilizes this loan to purchase
a property and rents it out, the resulting rental income would be considered
Halal.
Chapter 13
Media, Internet & Technology 405
CHAPTER
13
13.1
Media, Internet &
Technology
Internet / Technology related business 406
13.1.1 Internet Provider business 406
13.1.2 Doing business of Internet-Cafe 406
13.1.3 Providing Internet services via telephone line 407
13.1.4 Developing an APP for taking Photos and doing Videos 407
13.1.5 Business of recording cinema songs 408
13.1.6 Business of acoustic equipment sales and services to cinemas 408
13.2 TV and video images 409
13.2.1 Permissibility of photography, audio visual aids and videos 409
13.2.2 Using Digital Video Camera 410
13.2.3 Photography and Television 411
13.2.4 Use of telephones with pictures 414
13.3.1 Dramatizing the lives of companions of the Prophet ‫ ﷺ‬ 414
13.3.2 Using chat rooms on internet 415
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406 Media, Internet & Technology
13.1 Internet / Technology related business
13.1.1 Internet Provider business

Q) According to a brother working in an ISP (Internet Service Provider),
more than 90% of consumers of that ISP use internet to go to wrong (fahash)
sites. The brother is concerned:-
1) Is his income Halal.
2) Is he becoming a source of all such sins when consumers visit wrong
sites.
3) The director of ISP wants to know is his ISP business Halal.
A) The principle of Shari'ah is that if some goods or services can be used for
both Halal and Haram purposes, the income from those goods and services is
not Haram. If a purchaser uses the internet services for some impermissible
activities he is liable for that and not the service provider. Based on this, it is
not Haram to provide internet services nor can the income derived from that
be termed as Haram because the internet can be used for both Haram and
Halal activities.
13.1.2 Doing business of Internet-Cafe

Q) My problem is that I want to open an internet-cafe in my city, but some
had been saying that "it is not permissible" in Islam, because through internet
people are doing obscenity by young people and children seeing porn pictures
so it is not permissible in Islam and its profit would be Haram.
Could I do the business of internet. If yes then I will open an internet cafe in
my city otherwise not.
A) Internet is a universe of information about different aspects of life. It may
be used for permissible as well as prohibited activities. Therefore, providing
this facility is not in itself impermissible and the income generated through
these services cannot be termed as Haram because any impermissible use of
internet is the responsibility of the user and not of the person who provides
the service. However, since in our days a lot of people use this service for
impermissible activities the owner of the internet cafe must restrict the users
from impermissible use of the internet to the best of his ability. This may
be done by laying certain regulations for the users of the internet where it
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should be clearly mentioned that the cafe does not allow the use of internet
for obscene or pornographic material and the manager of the cafe reserves
the right to stop any such activity if someone found involved in it and such
persons will not be allowed to use the internet facility anymore. By putting
such a condition the owner of the internet cafe may avoid the possibility of
using internet for prohibited objectives.
13.1.3 Providing Internet services via telephone line

Q) My son in a city of Pakistan is considering to get into a partnership with
one of his friends to start providing "Internet" services via telephone line to its
subscribers.
As we know the Internet is a sea of information, variety of people pour
information into it. The users/subscribers of the internet in that city may
include people from every walk of life, e.g. students, businessmen, Ulama-e-
Din, news reporters, doctors, etc. Most of the subscribers will be using it for
good and valid purposes. But some of them could be using it for evil purposes
as well.
Would you kindly tell me of Jamiatul-Ulama’s Fatwa about the use of Internet
and making it as a source of one’s earnings. Please also let me know if you are
aware of any fatawa in this regard from other parts of the world.
A) Answer to this question is clear that it is a modern technique of
communication and its use is not prohibited. Similarly it is not impermissible
to provide Internet Service for a fee. As for the possibility of using Internet
for some unlawful activity, it does not render all the Internet Services as
impermissible. It is like a tape-recorder which can be used for both permissible
and impermissible activities. We cannot say that the use of a tape-recorder is
not lawful.
13.1.4 Developing an APP for taking Photos and doing Videos
Q) I am in the process of developing an app which people can take photos
and do videos of themselves to promote their products to sell them online.
The similar app which is already out in the market is called (yeay) you can
check it out on www.yeay.com or you can download the app.
Please can you tell me if I can do this according to our faith Islam.
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A) You are asking whether it is permissible to make a computer application

for people to share pictures of themselves wearing fashionable clothing and
then to sell that clothing through your application. Users may be encouraged
to share videos and picture of themselves in fashionable clothing by giving
them points that accumulate towards entitlement of a gift. You will allow users
to use this platform free of charge to an extent and will then charge them a
known fee for this service.
If this is correct then this application will inevitably promote non-Shari'ah
compliant images, like images of women in fashionable clothing, and therefore
you should avoid making this application. However, there is no bar in the
Shari'ah on making a marketing platform for users to promote and sell clothes
by promoting them with Shari'ah-compliant pictures of the clothes they wish
to sell and charging a known fee for the same.
13.1.5 Business of recording cinema songs

Q) I am doing a part time business in that I am recording cinema songs in
a CD and sell it to the shop. I heard that music is prohibited in Islam. Can I
continue this business.
A) It is not permissible in Shari'ah to record the cinema songs on the CDs
and sell them. You should avoid this business. May Allah help you in acquiring
some other suitable part time job.
13.1.6 Business of acoustic equipment sales and services to cinemas

Q) We wish to buy a company which is engaged into provision of acoustical
services and sales which revolves around installation of sound/noise control
systems and trading of ancillary products.
The company may engage, directly or indirectly, in provision of services or
sales to cinemas as follows:
1) Direct maintenance/installation contracts with cinema owners/
operators. Invoice will be to directly to owners/operators of cinemas.
2) Act as sub-contractor to execute maintenance/installation works
through another main contractor. As the company will be engaged by
main contractor, it will raise invoice to the main contractor and not the
owner/operator of cinema.
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3) May sell some equipment to another party which will use the same
to execute maintenance/installation projects at cinemas. Invoice will be
to a third party and not a cinema.
Is the above business permissible.
A) It is not permissible to sell directly to the cinema.
However, if you are selling products to someone who is going to use it in cinema
(even if you know that he is going to use in cinema) then it is permissible to
sell, so long as you are not making the buyer obligatory to sell it to cinema or
you will not invoice or be involved with the cinema directly or indirectly.
Similarly, you cannot carry out the maintenance work for cinemas. You can
sell the products in the manner above to a maintenance company carrying out
maintenance work of cinema on their own.
13.2 TV and video images
13.2.1 Permissibility of photography, audio visual aids and videos

Q) What is the Islamic position on photography and audio-visual aids. They
are widely used today in videotaping events, teaching aids in the classrooms
and office, video conferencing, video phones, face to face encounter through
computers.
A) According to the majority of authentic Ulama photography comes under
the prohibition of making pictures expressly forbidden by the Holy Prophet ‫ﷺ‬
in a number of Ahadith.
Audio tapes are undoubtedly allowed to be used for the purpose of recording
permissible voices. So far as the Video tapes are concerned, the forms
appearing on the screen by playing such tapes are not pictures, which according
to my view are images preserved through electronic waves, but no picture
is impressed anywhere permanently during the procedure of recording an
event, its preservation in the video tapes or while playing them on the screen,
therefore, they should not be held as prohibited, nevertheless, the permissibility
of the use of such tapes depends on the material recorded therein. If the images
recorded in a video cassette do not contain any thing prohibited to look at,
their use is originally permissible.
However, we do not encourage this procedure because, firstly some ulama do
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not agree with the view mentioned above, and secondly because the common
people do not appreciate the difference between pictures and images appearing
on the screen through video cassettes or through any other system, therefore,
the use of such images, especially by the Ulama, may give animpression that
the Ulama have allowed the use of pictures.
13.2.2 Using Digital Video Camera
Q) Here is some information that might be helpful in your consideration of
the Shari'ah position of using a Digital Video Camera.
1) With recent development in technologies, the boundaries between
different storage mediums have been blurred. You can take a picture or
photograph drawn on a piece of paper and convert it into an electronic
form for storage on the hard disk of your computer and for transmission
over the internet in electronic form. Conversely you can take any picture
stored in electronic form and take a printout on a piece of paper or any
other permanent surface (like T shirts, coffee mugs, etc. to name some
popular uses).
2) Pictures taken by digital cameras are stored in electronic memory of
the camera. They can be viewed without being printed. However, people
routinely print the pictures they like on paper.
3) Moving images are a huge collection of still images taken at a very
small interval. As they are played back, eye cannot detect the difference
between one frame and another and we get the impression that the object
we are looking at is moving. However, you can freeze the frame at any
moment you like and you can also have any of the frames printed on
paper.
4) In addition to the storage mediums, the boundaries between the
display mediums have also been blurred. Today such computer displays
have been developed that simulate paper. These are called eBooks. The
idea is that people like to read from a paper-and-ink -book more than they
do from a computer screen. The eBooks are special purpose handheld
computers that look and feel like their paper and ink counterpart. You
can download a book from the suppliers and then read it on your eBook,
pictures and all. It will be there as long as you want it. So, in my humble
opinion any judgment based solely on the nature of the storage medium
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may not be on very solid grounds. I hope this might help you in further
consideration of this delicate subject.
A) This is with reference to your question through email on the above

subject. The nature/definition of a digital video camera as apparent from the
Encyclopedia Britannica and as explained by some users is that it produces
some moving (not still) images on a computer which can only be viewed on
a computer screen. These images are not permanently printed on an object.
Therefore, they do not have a status of a picture (Tasweer) as envisaged in the
Ahadith prohibiting the pictures because the prohibited pictures are the images
permanently imprinted on an object like paper, cloth etc. In the case of a Digital
Video Camera no picture is printed at any stage. They are images preserved and
transmitted through electronic waves having no permanent existence anywhere.
Hence, it appears that the use of such images is not impermissible. However,
being a new situation other scholars should also be consulted.
13.2.3 Photography and Television
Q) I’ve been presenting you to all my friends as the role-model of a modern

Muslim. This mail is in regard to your appearance in "Views on news" on a
television channel. I must say it has not made me as sad as that one minute!
I am a very bad Muslim but you’re not. You are our role model! I thought, reading
the fatawa of all the prominent Muslim scholars that TV was Haram because
‘tasweer’ is Haram. If you appear on TV, what message does that give us.
Kindly answer these questions. (This is not a fatwa request. I already know the
fatawa. I just want to know your opinion.)
- Is TV not Haram.
- If it is, is it not wrong to use it for "helping" Islamic causes.
I’m sure I don’t need to mention Maulana Rasheed Ahmad Gangohi’s
decision to not include a ‘fasiq’ in the Shoora of Darululoom.
One last thing. I’m sorry if I sound rude but I’m hurt. I respect you with all my
heart more than I know anyone in the world. Please consider my request and
re-consider your decision to appear on TV.
Also, TV audience cannot differentiate between a liberal person as opposed
to a scholar like yourself. They just don’t know who’s right neither do they
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care. Your voice was getting to everyone who would listen anyway. And if it is
absolutely necessary, wouldn’t a phone interview have been a better way to go.
A) I am extremely grateful for your email, you are right that no service of Islam
can be done in violation of any of its injunctions. But I am of well considered
opinion that the images appearing on TV screen are not pictures prohibited by
Shari'ah, unless they are printed in a permanent form. This view of mine is
published in my commentary on Sahih Muslim and is endorsed by many Ulama
in a recent fatwa issued by Darul Uloom Karachi and several other institutions.
Despite this view of mine, I did not appear on TV so far, not because I deemed
it impermissible, but because of a precautionary measure. But when the TV
channels started telecasting many erroneous comments about Hudood Laws, I
deemed it proper after istikhara, that I should clarify the misconceptions on this
subject. That is why I accepted to give an interview on TV.
Q) Is Television permissible in Islam. Also from the aspect of Photography,
is it Halaal.
A) The images appearing on live programs or recorded programs on
Television are not the pictures in the strict sense envisaged in the Ahadith of
the Holy Prophet ‫ ﷺ‬unless they are printed in a durable form on a paper or
any other object. But the basic reason for which the Muslims are advised not
to keep TV set in their homes is that most of the programs broadcast on the TV
channels contain impermissible elements, unless the TV screen is installed to
use it to see CCTV footage.
Q) My question is about television: some mufti said that it is permissible;

in which conditions and are they respected today. Some Mufti said it is not
permissible; why.
The situation of TV in Reunion Island (which is a French department) is this:
The act of buying a TV is free: you can buy or not buy. But, if you buy a TV, you
must pay a tax every year (about $100) to the government. This tax concerns
public TV and not private TV (for private TV, a buyer must pay a tax again).
For public channels, this tax is used to make films, news, sport and others. In
each, there is music, dance, men and women which are not well dressed, life
which is contrary of the life of our Beloved ‫ ﷺ‬and the life of Sahabah ‫ﭫ‬.
For private channels, it is worse because some show dancing, singing, nude
people, etc.
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Some brother in Islam said that they will make Ihtiyat and watch only news,
sport and documentaries; but there is still, in news, sport or docs, men and
women without Satar-Awrah or Hijab, music, life of people who are in the
disobedience of Allah. All the family is watching TV together but what about
the Tarbiyat of Din to our children.
Some said that they learn Islam through this kind of media. But Islam is to
learn practically the Commandment of Allah and the Sunnah of Nabi ‫ﷺ‬, not
in image and in sound.
I had been 10 years in France and I am now in Reunion Island; Alhamdulillah,
I don’t watch TV since 7 years and I have made sociological studies about TV
(I make my PHD in sociology in Paris). My opinion is that TV is the best way
to introduce permanently the Fitnah and Fasad inside the most private place
for a Muslim (the home) and to excite continuously the Nafs of human being
in order to make him as a rebel to the Almighty. Even if a person can make
Ihtiyat (to watch only news), how many people (especially the children and
the mass) can resist to this "one-eye".
Today, TV is near Kabah (even inside), TV is inside poor home, TV is showing
violence, sex and liars, TV is everywhere; how can it be good. I think that
inshaAllah the Mahdi can liberate us from this slavery. We are so interested,
to get the news from the environment of this world but we forget to create the
environment of our home with the news of Akhirat.
When the evil is more important than the good, then is this thing permissible
to protect Iman.
A) The correct position about TV is that the images appearing on the TV screen
in live or recorded programs do not carry the status of a Taswir as prohibited by
the Holy Prophet ‫ ﷺ‬because a Taswir is something permanently printed or fixed
on a page, while the images on the screen of the TV are not printed or fixed.
Therefore, watching TV is not prohibited on the basis of using a picture.
However, most of the programs appearing on the TV today, especially in the
western countries are a bundle of evils. You have yourself pointed out many
of them in your question. It is very rare in the present circumstances that a TV
is used for permissible purposes only. On this basis we do not advise people
to have TV in their homes. If a person uses TV indiscriminately for watching
every program being telecast it is not at all permissible for him to have a TV
in his home. Even if a person intends to use it for the permissible programs
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only it is highly doubtful whether he will be able to do so, particularly, if a

person himself avoids to watch impermissible programs it is very likely that
his children or other members of the family will necessarily be involved in
watching such programs. Therefore, it is not advisable to have a TV even with
this intention.
13.2.4 Use of telephones with pictures
Q) Through advancement of modern technology we are seeing the advent
of such telephones, which display pictures of both caller and receiver. If both
caller and receiver are Mahrams or if both are of the same sex, will there be
any impermissibility according to the Shari'ah to use such telephones.
A) The pictures displayed on the telephone sets are in the fact images
produced by electric waves. Since these images are not durably preserved,
they are not included in the pictures prohibited by Shari'ah. Therefore, the use
of such telephones will not be impermissible because of containing pictures.
It will have the same ruling as seeing another person directly and therefore in
the situation you have mentioned in your question it will not be impermissible
to see the images appearing on the screen of a telephone.
13.3 Other topics

13.3.1 Dramatizing the lives of companions of the Prophet ‫ﷺ‬
Q) Alhamdulillah! First: I am working here with kids who have never
watched TV or cinema or used computer games, have come up steeped in
Qaidatul Nur and are memorizing Qur'an and are being trained in traditional
Fusha Arabic grammar; some have become Hafiz, most are fluent in Arabic
but native English speakers, boys and girls ages 7-17, over 100 of them. Since
we want them to be people who can speak for and strongly reflect the deen,
we are giving them some work with drama and public speaking. This first
question is about the adab of working with Seerah materials. We have heard
different rulings about the permissibility of the kids taking the roles of the
companions in a drama designed to teach about their lives. One ruling says
it’s never permitted, and another is that it would be, provided the utterances
attributed to them are consonant with what is known in the literature and if it
does not include the Prophet ‫ ﷺ‬and the Ten Promised Paradise. What is your
opinion about this.
The second: what is your opinion about the use of traditional folk and fairy
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tales in this work. I wanted to start them out with materials from world
traditions, stories that existed for hundreds of years inside people, not
having been dreamed up by one isolated mind but handed down, shared with
presence through generations. I felt it would be better to train them in the
work of embodying a text, lifting it off the page to be able to tell it vividly and
authentically, without at first having to deal with the need to be historically
correct. But I encountered a great fear of materials that are not factual. One
parent even told me she never allows any stories that are not factually true
until the children are 10 years old. I appreciate her wanting to raise children
for the sake of Allah, but this seems like impoverishment. This same parent
did not want her 15-year-old child to master the telling of a Lithuanian tale
featuring the personification of ‘Old Frost and his arrogant son ‘Young Frost’,
who was brought to his knees when he was unsuccessful at freezing the
woodcutter, who battled Young Frost’s efforts to freeze him with more hard
work and ingenuity. The stories were chosen for their morals and messages.
Can you please ask him his opinion on this. And also, his opinion about major
world literature like The Odyssey, The Iliad, the Ramayana, The Kalevala, the
great mythic works of Arabia, Turkey, Persia, Pakistan. Is avoiding them and
staying in ignorance of them and shielding children from part of piety.
A) Here is a humble answer to your query.
1) It is not safe to dramatize the lives of the companions of the Holy
Prophet ‫ ﷺ‬and if it involves to attribute to them utterances that are not
proved through authentic sources, it is not permissible at all.
2) If it is universally known that these tales are fictions and nobody
assumes them to be factual, still, kids may learn good lessons from them,
I do not feel any problem in presenting them to the kids, though in a
dramatic formulation.
13.3.2 Using chat rooms on internet

Q) Is it permissible for me to use chat room on the internet, which may
involve talking to females and exchanging email addresses using the computer
keyboard only. The voices are not actually heard.
A) Having chat on the Internet with females is not impermissible if it aims
at exchanging necessary information and it does not lead to having any
impermissible contacts.
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Employment 417
CHAPTER
14 Employment
14.1 Earning lawful livelihood is a religious duty 418
14.2 Employment in Financial Sector 419
14.2.1 Is bank employment permissible 419
14.2.2 Employment opportunities for fresh finance graduates 420
14.2.3 Employment in a conventional bank for education purpose 421
14.2.4 Employment in conventional financial institution 422
14.2.5 Employment in a Central Bank 423
14.2.6 Employment as Internal Auditor in a conventional bank 423
14.2.7 Employment in a Leasing company 424
14.2.8 Employment in Securities Exchange & Pension Fund 424
14.2.9 Employment or consulting for Actuarial services 425
14.2.10 Employment as an IT Professionals in Financial institutions 427
14.2.11 Employment in a Central Bank IT Department 428
14.2.12 Employment in a Bank’s IT function 428
14.2.13 IT job with a bank having Islamic & conventional banking 429
14.2.14 Employment as Consultant to a Bank for IT Projects 429
14.3 Employment in Accounting Profession 430
14.3.1 Employment as an Accountant 430
14.3.2 Employment as Internal Auditor in a company with loans 436
14.4 Employment in Legal Profession 437
14.4.1 Employment as a solicitor or barrister in UK 437
14.4.2 Working as Judge awarding interest on claims 437
14.4.3 Employment in Profession of Advocacy 438
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418 Employment
14.5 Employment in Medical Profession 439

14.5.1 Employment as a lady doctor 439
14.5.2 Employment as Midwife 439
14.5.3 Working in an Operation Theatre 440
14.6 Employment in Food Sector 440
14.6.1 Working in Hospitality and Leisure Sector 440
14.6.2 Working in hotels serving liquor and pork 441
14.6.3 Employment in a bakery where pork is used 442
14.6.4 Employment in a Pork Processing Plant 443
14.7 Employment in IT sector 443
14.7.1 Employment in an Internet Company 443
14.7.2 Employment in satellite TV broadcasting company 444
14.7.3 Working as a web designer 446
14.7.4 Employment in a micro-chip manufacturing company 446
14.7.5 Services to an online dating services 447
14.8.1 Having food at the house of a conventional bank employee 447
14.8.2 Employment in Corporations supporting Christianity 447
14.8.3 Employment in a non-Muslim government 448
14.8.4 Employment in a crematorium 448
14.8.5 Head Hunting for recruitment 448
14.8.6 Asking for Salary increment 449
14.1 Earning lawful livelihood is a religious duty
Q) More and more Muslim brothers are marrying and cannot afford to
support a wife. Their families either become a ward of the government or
they experience a life of meagre subsistence. In fact, we know of one sister
whose husband was injured on his job. He was awarded a small sum of
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Employment 419
money on a monthly basis by the government. The money is not enough

to maintain his family. Yet although he is not disabled to the point where
he cannot work - he refuses to look for a job to bring in additional income
to support his family. He claims he is doing Allah’s work since he is out to
invite every person, he meets to embrace Islam and will not withdraw from
Allah’s work for the dunya. Whose duty is it, then, to support his family. Or
can the sister request a divorce based on her husband’s inability to support
his family.
A) Every Muslim is duty bound to earn livelihood for himself and for the
dependent members of his family. This is not a mundane duty only, but it is a
religious obligation also. The Holy Prophet ‫ ﷺ‬has said:
" To earn the lawful livelihood is a religious duty after the religious obligations
(like prayers, fasting etc.)"
Since the dependent members of his family are entitled to get maintenance from
a Muslim head of the family, he cannot avoid his economic responsibilities on
the pretext that he is engaged in religious work. He should provide his family
with their necessary economic requirements and then he can devote the rest of
his time to the work of Tabligh. If he fails to discharge his duty in this respect
and the wife has no other source of livelihood, she can approach a Muslim
court1 for the dissolution of her marriage from her husband who does not give
her the proper maintenance.
14.2 Employment in Financial Sector
14.2.1 Is bank employment permissible

Q) I am about being employed in a bank. Is it correct Shari’ah-wise.
A) Employment in an interest-based bank, run on the basis of interest, is not
permissible.
Q) What if I cannot find a suitable job.
A) That the chances of finding another job are slim is a pre-conceived notion
1 In those non-Muslim countries, which do not have Shari'ah family courts, a committee of Ulema
may be approached for the purpose of seeking a dissolution of a marriage on any ground recognized
by Shari'ah. A decree of dissolution granted by such a committee will be valid in Shari'ah. (EDITOR)
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420 Employment
because one decides in advance that the alternate job has to be of a certain
status, salary, benefits in the line of the ‘so-called’ standards of life. If so,
it may be difficult indeed. But, if one was to think a little differently, make
himself willing to accept comparatively reduced benefits and then look for a
job, the chances are that he will, InshaAllah find a suitable job.
14.2.2 Employment opportunities for fresh finance graduates
Q) I am a student of MSc in "Economics and Finance" in International
Islamic University, Islamabad. I am going to finish my degree at the end of
August, this year, InshaAllah. After that I would be able to give my services to
financial institutions.
As a Muslim student of Economics and Finance, I am very much concerned
about the Ahkam of Shari'ah which are related to my field.
By having this degree, I would be able to give my services in multinational
corporations and financial institutions (banks, stock markets, derivative
markets, etc). I want to know that whether doing job in these financial
institutions (at an executive or non-executive level), which are based on
contemporary (Western) thinking is permissible in the light of Shari'ah or not.
Moreover, if I pursue my career in any Islamic financial institution then as you
know currently the Islamic financial institutions are not practicing completely
on the guidelines of Shari'ah i.e. they still have the same factors on the basis of
which the Shari'ah scholars have prohibited contemporary practices. Does the
Ahkam of Shari'ah also apply in this case which are applied in case of doing
job in contemporary financial institutions.
Furthermore, if I pursue my career in any contemporary financial institution
with the intention that I will use this practical knowledge for Islam then the
income which I would earn from this source will be Halal for me or not.
Please tell me about these matters and give me your advice as well, so that I
can think about my future goals more easily.
A) Contemporary derivatives markets are totally based on prohibited activities
and therefore it is not permissible to seek employment therein. However, the
activities in stock markets are not totally prohibited. If the employment does
not make you involved in prohibited activities, you can join it. The details
of permissible and impermissible activities may be found in my book "An
Introduction to Islamic Finance" published by Idaratul Ma’arif, Darul Uloom
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Employment 421
Karachi, and my Urdu booklet on Shares published by Memon Publications,

Liaquatabad, Karachi.
In banks also, only those jobs are prohibited which involve any prohibited
activity like interest etc.
14.2.3 Employment in a conventional bank for education purpose

Q) This question is respectfully directed towards Mufti Taqi Usmani. I am
a young Muslim studying Finance and wish to become part of a new breed of
Islamic banking professionals of the future inshaAllah, either as a professional
within an Islamic investment bank, or as an academic researching alternative
banking systems.
My question has to do with the permissibility of working in conventional
investment banks for the short-term in order to gain experience and knowledge
about the system with the intention of subsequently switching either to Islamic
banking or conducting academic research into alternative banking systems.
Specifically, would working in a conventional investment bank be permissible
if:
Firstly, a person did a short-term internship or was employed at a conventional
investment bank full time for the short-term with the intention of learning and
then moving onto Islamic banking or research.
Secondly, would it be permissible to work at a conventional investment bank
under the combination of all of the following circumstances:
a) If it offered a specialized Master’s program within investment
banking from a globally renowned top 5 business school that was open
for admission to only employees of the bank,
b) If this was the only Master’s program of its kind currently offered
anywhere else in the world,
c) If the person worked in the investment bank only as long as the
duration of the degree with the intention inshaAllah of either switching
to Islamic banking or to go into academic research related to alternative
banking systems. The link sent contains details of the kind of Master’s
Program that I am referring to.
Thirdly, if the intention of working there for the sake of completing
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422 Employment
the Master’s degree is not enough, would it be permissible to work and

complete the Masters if the person, was to subsequently give to charity
whatever money was earned during the period of employment.
Finally, I would like to end with an appeal to all able and qualified personalities
such as you, to try and establish similar educational opportunities with top
universities through Islamic banks for educated young Muslims so that future
generations do not face this dilemma at all.
A) Any employment in an interest-based bank that involves an employee in
interest transactions or assisting in them directly is not permissible even for
the purpose of education.
14.2.4 Employment in conventional financial institution
Q) If someone is under huge debt and has not been able to pay it off by using
the Halal earnings then can he work in financial industry (hedge funds for
example) with the intention:
- that it is a makrooh business; and
- that he is in this hedge-fund business only pay-off his debts and will
leave it as soon as debts are paid off or at least it gets reduced to a certain
amount.
I ask this in the context of the saying that one is allowed to eat even Haram
food if it can save one’s life.
A) Working in a conventional financial institution is not allowed, even with
the intention of paying off one’s debt. The analogy of eating Haram food is not
applicable here.
Q) The following questions are related to conventional Banks and Credit
Unions:
- Is it permissible for Muslims to work in conventional Banks or
Credit Union.
- If permitted, then, at what level employment becomes prohibited.
- Can one become a member of the governing Board of Directors of
an employee-based Credit Union.
A) The employment in a conventional, bank or in credit union mostly requires
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Employment 423
employee’s involvement in interest-based transactions or some other impermissible

activities, such employments are not allowed for the Muslims. However, if there
is an employment in the bank which does not involve the employees in the
transactions of interest or any other impressible activities, it is allowed.
Accepting the membership of the governing board of conventional banks and financial
institutions is subject to the same principle, but I believe that the membership of the
board necessarily involves the members in approving those policies of the bank
which contravene the Islamic injunctions, therefore it is not allowed.
14.2.5 Employment in a Central Bank

Q) I work in a Central Bank who has a mandate by the law of the land to
carry out certain tasks. These include:
- To maintain the integrity and value of currency.
- To maintain the stability of the financial system.
- Seeking to ensure the effectiveness of the country’s financial
services. The above functions are carried out by analyzing interest rates
and setting them, monitoring inflation, monitoring risks to financial
markets, supervising banks etc. To carry out the above function, the bank
employs around 2800 employees. Most of the employees are involved in
carrying out the above tasks.
The funding of the bank comes from two sources:
1) Payments received from the government (taxpayers’ money).
2) Other financial activities which include holding of accounts for other
countries, currency trading, gold trading, lending money (usually as a
lender of last resort) and issuing securities.
Are you allowed to work for a Central Bank.
A) If the employee is not directly involved in carrying out, writing or being a
witness to the interest-based transactions, the employment in the Central Bank
may be permissible.
14.2.6 Employment as Internal Auditor in a conventional bank
Q) I have been offered a job of internal auditor in a conventional interest-
based bank. I need your guidance, whether in accordance with Shari'ah I should
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424 Employment
do this job or not. The main function of this job is to visit different branches
of the bank and to check compliance of operations of branches in accordance
with banking rules and regulations. As far as involvement of interest (sood) is
concerned, auditor is required to check that calculation of interest on customer
deposits and loans to customers is correctly performed. This calculation is
also checked by us during our training as a student when we are sent by our
training firm to audit different manufacturing and financial organizations.
A) The job of an "Internal Auditor" in a conventional interest-based bank is
not permissible in Shari'ah.
14.2.7 Employment in a Leasing company
Q) Please let me know is the job in a leasing company permissible and Halal
according to Islamic Shari'ah.
My teacher told me that interest in leasing transaction is called "Financial
Charges" and changing the name does not change the nature of the thing. But
I am confused may be interest and financial charges are two different things.
A) Almost all the leasing companies operating today are involved in
impermissible transactions, and therefore, having a job in such companies
is like having a job in a bank. If the employee has to involve himself in
impermissible transactions, his job is impermissible. However, if his own
work has nothing to do with impermissible transaction such as the work of a
driver, peon etc. it is permissible.
14.2.8 Employment in Securities Exchange & Pension Fund

Q) I have started active search for a job. I seek your guidance if I can pursue
the following organizations for a job from an Islamic point of view. I have
also tried to give a brief description, where necessary and to the best of my
knowledge, about the business activities of the organization.
Securities and Exchange Commission of Pakistan (SECP): This is basically
a government regulatory authority. I can be placed in the Insurance Division of
the Commission. Nature of job is likely to be insurance companies’ regulatory
supervision.
An actuarial consulting firm owned by an actuary. The firm helps industrial
and commercial organizations in the public and private sectors to design
Chapter 14
Employment 425
pensions, gratuities and retirement benefits schemes, and work out their long-
term financial implications. Periodically, it values the assets and liabilities
of these schemes, and recommends what contributions should be made to the
funds of the schemes and what costs should be recognized in the accounts of
the entity concerned.
Employees Old-age Benefit Institution (EOBI): It statutorily provides
pensions to insured persons and their spouses working in various establishments
covered by the law. Actuaries have helped in the design and costing of the
EOBI scheme, right from its inception in 1976. By law, an actuarial valuation
of EOBI’s assets and liabilities has to be done at least every 5 years.
A) All kinds of jobs in the Securities and Exchange Commission are not
impermissible, but since your potential job is likely to be insurance companies’
regulatory supervision, while the business of insurance companies is not in
accordance with Shari'ah, it will not be permissible to acquire this job. However,
employment in an actuarial consulting firm or in EOBI may be permissible if
the employee is not directly involved in investing these funds in an interest-
bearing scheme nor is he required to recommend for such investment.
14.2.9 Employment or consulting for Actuarial services
Q) 1) I am writing this letter to seek your guidance about my current
employment in the Actuarial Division of State Life Insurance Corporation
of Pakistan; a government owned organization doing life insurance
business. I am an actuary by profession, which may be defined as a person
who applies a mathematical mind to financial problems, especially those
that involve risks and probabilities. I am an Associate, and presently am
pursuing the actuarial examinations leading to Fellowship. Is my current
job un-Islamic.
2) What is "Qumar", "Rabwa", and "Gharar", and how do they relate to
Commercial Insurance viz-a-viz Mutual Insurance. Although my mother
tongue is Urdu, maybe due to English education system I could not totally
comprehend these terms in your book "Islam aur jadeed maeeshat-o-tijaarat".
3) There are some firms of consulting actuaries in the country, which
provide consulting services, including actuarial, to public and private
sector companies. In addition to insurance related job, pensions, gratuities
and retirement benefits schemes is an area of their actuarial work. Their
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426 Employment
actuarial division helps organizations to design such schemes and to

work out their long-term financial implications. Assets and liabilities of
these schemes are valued. It recommends what contributions should be
made to the funds of the schemes and what costs should be recognized
in the accounts of the entity concerned. According to law, where there
is a pension/ gratuity scheme in a company, periodic actuarial valuation
of the scheme is required to be carried out. Same is the case with Public
Social Insurance Institutions; Employees Old-age Benefits Institute
which provides pensions to employees, and Provincial Social Security
Institutions which provide medical care to workers. There is also
involvement in investment work, in financial institutions, designing of
employee medical plans, assessment of the accrued liability under post-
retirement medical plans, designing of leasing schedules etc.
4) Is the business of the above-mentioned firms Islamic. Should I seek
employment in this firm. The firm does not have any direct participation
in insurance business – only consulting services. There are areas of work
other than insurance as well, and I may be involved in those areas only. I
will be doing a diversified nature of work, which is likely to help me find
a job that would not at all be un-Islamic in case the actuarial consulting
firm’s job is not considered suitable in the long run. To the best of my
knowledge, the directors/ owners of the firm are religious, and one can
hope that they may stop accepting insurance related business.
5) There is another firm which is likely to start its business in near
future. The firm would be doing Health business. The firm would take
the responsibility from the employers to provide medical facilities to
its employees, on a group basis, through firm’s own and/ or contracted
physicians and hospitals. The firm would charge a fee (generally annual)
from the employer for providing the medical facilities. In effect, an
employer instead of hiring its own doctors/ establishing hospitals
for its employees or reimbursing the medical costs to its employees,
would pay a fee to the firm doing Health business. The firm, in turn,
takes the responsibility of providing medical facilities to employees on
the employer. In addition to employers, the firm may also make similar
arrangements with individuals. In effect, the individual would be hiring
the services of doctors/ hospitals, through the firm for a fee, to provide
medical facilities. There, however, is the likelihood that for the whole
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Employment 427
year the need for a medical treatment may not arise, or there may be
a medical treatment having cost more than the otherwise paid fee. But
same would be the case when a person hires a physician on a monthly
salary whose job would be to provide him medical services whenever the
need arises. Is the Health business of the firm Islamic and should I seek
employment in this firm.
6) I cannot say with certainty that once I apply, I would get a job in any
of the above-mentioned firms. I, therefore, request you to please let me
know what should I do until I get a job which is not un-Islamic. I seek
your advice and guidance as to what should be my course of action under
the circumstances.
7. I seek your guidance and advice if it is true that working for a life
insurance company which is owned by non-Muslims and is operating in
a non-Muslim country is allowed in Islam.
A) The basic feature which makes the conventional insurance impermissible
is the Gharar. Although the concept needs a detailed discussion yet it can be
summarized by saying that any commercial transaction where the payment
from one side is certain and from the other side is contingent on an event
which may or may not occur is Gharar and prohibited in Shari'ah.
All the conventional insurance schemes have this element of Gharar, while
some of them have the element of interest also, therefore, it has been held
as impermissible.
Since the whole business of insurance is based on this impermissible concept,
employment in such an insurance company is not allowed.
There is no difference between a Muslim or non-Muslim country in this regard.
14.2.10 Employment as an IT Professionals in Financial institutions

Q) Is it permissible for an IT professional (Software / hardware background)
to work in IT department of a financial institution. Please elaborate on the
work and salary part of above question.
Is it permissible for an IT professional to work on Projects related to financial
institution in an IT services Industry, if forced to work in the above project.
In above both the cases, IT professionals are not involved in direct interest
transactions. Please elaborate.
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428 Employment
A) I would not advise you to work in the IT dept. of an interest-based

bank or financial institution, because your work will include facilitating the
interest-based transactions which is not permissible. Although there may be
some works not directly relating to interest-based transactions, it will be very
difficult to restrict yourself to permissible work only.
If one is employed in an IT services industry, and he is forced by his employer
to work in an IT dept. of a bank, he can render his services, provided the
services are not exclusively meant for impermissible transactions. However,
if the services are meant exclusively for impermissible transactions, then, it is
not allowed for an employee to render such services.
14.2.11 Employment in a Central Bank IT Department
Q) My friend was working in State Bank of Pakistan as a senior System
Administrator in computer department. Now, he is in UK for MSc degree.
There in Pakistan he was not well aware of interest and Riba. Now if he goes
back to Pakistan, can he still work in IT department of State Bank.
The question is: Is it permissible to work in State Bank of Pakistan where you
don’t have any connection with other departments. Solely job is concerned
with the IT department.
A) It is permissible to have a job in IT department of the State Bank of
Pakistan, if the employee does not have to develop a program exclusively
meant for charging or calculating interest, or any other task that directly
facilitates interest-based transactions.
14.2.12 Employment in a Bank’s IT function

Q) My brother has been offered a job with one of the local banks. He is not willing
to work with a bank due to religious reasons, however, the bank has advised him
that he will be under a different entity’s visa i.e. an outsourced IT company and he
will be under their payroll. He will be stationed in the bank and will be handling
95% of the bank related IT project’s, and may be asked to do different projects
(outside the banking industry) based on the IT company’s requirement.
Facts:
- He was interviewed by the bank staff.
- Salaries were negotiated with the bank.
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Employment 429
- He will be under the (outsourced) IT Company’s payroll & visa.

Scope of work:
- Project management & IT support with respect to various bank
processes.
My brother has been offered with the appointment letter and has been asked to
accept & resume at the earliest.
A) In the mentioned situation, since the transactions that would be processed
by the I.T. specialist maybe interest-based, it would not be permissible for him
to work in such an institution or to receive the salary.
14.2.13 IT job with a bank having Islamic & conventional banking
Q) I am an IT professional. I have been out of job for one year, I have been
offered a job in the IT department of a Bank recently. My responsibilities will
be related to the IT services provided by the bank which include both Islamic
and conventional banking. The CIO of the bank says that he can ask the HR to
provide me the salary from the Islamic banking payroll, if I accept the job. Is
this job permissible for me.
A) Since your job will include IT services for conventional banking also,
that part of your job will not be permissible.
14.2.14 Employment as Consultant to a Bank for IT Projects

Q) I am an Information Technology Consultant (i.e. work on short term
projects to 6 months etc. I am not an employee of any company) in New
York. Is it permissible to work on Technology Projects in a Bank or Financial
company on short term basis e.g. developing a computer application or
maintain a computer etc.
A) If the technology projects designed for a bank or a financial institution are
exclusively used for transactions involving Riba (interest), it is not permissible
to work on such technology projects. However, if the projects are of general
nature which may be used for both permissible and impermissible purposes
the work on such projects cannot be termed as totally Haram. Nevertheless,
it is advisable to refrain from it as far as possible to eschew from doubtful
income.
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430 Employment
14.3 Employment in Accounting Profession
14.3.1 Employment as an Accountant

Q) 1) 1.1) The client hands over his bank statements to the accountant.
From the bank statements the accountant records any interest charged
by the bank or credited by the bank to the client.
1.2) What is the position of the auditor who does not himself make
the entries but merely checks to see if they are correctly recorded and
reports thereon. The report of the auditor is to the shareholders and
not to the bank who may also use the financial statements to assess
the financial position of the business.
It should be noted that the transactions of interest have already been
concluded by the bank and the customer. The historical information is
then handed over by the customer to the accountant for the purpose of
compiling books of accounts. These books of accounts are necessary in
order inter alia to submit proper tax returns to the revenue authorities in
terms of the taxation laws of the country. The question arises whether the
accountant commits a breach of Islamic Law when he compiles the books
of account. Is he regarded as scribe / writer of interest in a situation where
he is not a party to the transaction of interest itself.
2) An accountant is working for a company. The company charges its
debtors interest on their overdue accounts. The accountant is instructed
by the directors, as part of his functions, to make appropriate entries
in the records of the company in terms of which interest is charged on
certain overdue accounts. The question arises whether it is permissible in
Shari’ah for such an accountant to:
2.1) become involved in this manner in the charging, preceding and
execution of interest on overdue accounts.
2.2) remain employed with such an employer who charges interest
on overdue accounts.
2.3) receive a salary which is considered as Halaal in Shari'ah from
such a company, a small portion whose income is represented by
interest collected from debtors.
3) The accountant working for a company writes out the cheques of
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Employment 431
the company. At times the amount recorded on the cheque includes an

amount for interest.
3.1) What is the position of the person who issues out such cheques.
3.2) Also what is the position of the signatories to such cheques.
It must be noted that the accountant himself was not an original party to
the transaction of loan which gave rise to the interest obligation.
In certain circumstances, even the signatory was not an original party to
the transaction.
4) A motor vehicle salesman sells a vehicle to a customer. The customer
finances the vehicle through the bank upon which he pays interest. The
salesman in most instances has to assist the customer in completing the
application for finance to the bank by filling in details on behalf of the
customer. Some application forms also have a place for the signature
of the person who assisted the customer in completing his application.
Will this assistance to the customer be impermissible. Does the salesman
also become a witness to this interest transaction merely by assisting to
complete the application. It should be noted that the financing transaction
is distinct from the sale transaction and it is solely between the customer
and the bank.
5) Advising on financial options.
A client comes to the accountant seeking advice of the best option with
regards to undertaking a certain business venture or the acquisition /
purchase of an asset. Among the various options which the accountant
advises him on the option of financing via a bank whereupon he will be
charged interest.
5.1) What is the position of advising with regards to such an option.
5.2) If the client is a non-Muslim, will it make any difference.
5.3) What is the position if the bank leases the asset and profit/rental
is based on a fluctuating rate of interest.
6) For the purpose of reducing the client’s taxes, various schemes are
adopted. A simple practical example is where several persons (most
often immediate family members) are made partners in the business. Part
of their profits are accumulated in the business as further investments.
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432 Employment
For tax purposes these investments are reflected as "loans" from the
respective people. Similarly, the net profit that is due to them on these
investments is also reflected as "interest" to such people. In reality there
is no loan or any interest. It is in fact the capital introduced and profit
paid. These are just merely terms adopted in order to save taxes and to
comply with the taxation laws of the country. What is the position of the
accountant with regards to the recording of such "interest in the light of
the aforementioned Hadith.
It must be noted that these are fictitious records whose source is profit or
rentals.
7) A person working for a non-Muslim company invests surplus funds
on instruction, in interest-bearing securities. What is his position in
relation to the said Hadith.
8) In South Africa most investments have some element of interest
particularly those controlled by non-Muslims. As an example a syndicate
of 50 people may purchase a property. The property is controlled and
administered by non-Muslims and a small portion of the income may
be in the form of interest - probably less than 5%. If one disposes of the
proportion of interest attributable to him, will he be absolved. Similarly,
how would one handle investment in a listed company on the Stock
Exchange which is engaged in Halaal activities but may be involved in
payment or receipt of interest as well.
Further Questions
1) With regards to those situations which clearly fall under the
prohibition of recording interest, is there any way out of this by avoiding
the prohibition and still getting the work done.
2) If the client’s business activities are mostly of a nature which the
Shari'ah has declared forbidden, such as he sells liquor, or trades in meat
not slaughtered according to Islamic rites, can the Muslim accountant
undertake to do his books.
3) A Muslim accountant works for a non-Muslim company which deals
generally in Halaal merchandise, but also sells some Haraam items, such
as liquor, etc. Is he committing any Shari’ah violation in recording the
transactions pertaining to the Haraam items.
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Employment 433
4) Is it permissible to work as an accountant or auditor for the revenue

authorities of a country which is responsible for levying and collecting
taxes.
5) Is it permissible for a Muslim accountant to enter into a partnership
/ association with a non-Muslim accountant.
6) What advice can you give to accountants in general pertaining to
their profession.
A) It is true that according to a well-known Hadith those who invoke the
curse of Allah with regard to a transaction of Riba (interest or usury) include a
person "who has written the interest". However, this Hadith refers to the scribe
of the transaction i.e. a person who has written an agreement or prepared the
document to evidence the transaction. It does not include a person who was
not involved in the transaction itself in any away, but while preparing the
accounts of a person, has come across reference of the Riba transaction, and
has recorded it as an event already happened without his involvement. This is
how the scholars have interpreted the Hadith. To quote Hafiz Ibn Hajar:
‫ فاما من کتبہ اوشہد القصۃ لیشھد بھا عیل ما یھ علیہ‬،‫ھذا انما یقع عیل من واطا صاحب الربا علیہ‬
‫ وانما ید خل فیہ من اعان‬،‫لیعمل فیھا بالحق فھذا جمیل القصد ال یدخل یف الوعید المذکور‬
]۴:۳۱۴ ‫صاحب الربا بکتابتہ وشھادتہ [فتح الباری‬
" his (the curse of Allah) is applicable only to a person who has supported the
T
relevant person in the transaction of Riba being agreeable to it. However, if a
person who has written the interest as a matter of fact or has witnessed the occasion
to testify the event as it occurred to facilitate a just action about it, then this is a
good intention, and is not covered by the warning mentioned in this Hadith. The
reference in this Hadith is only to a person who has helped the relevant party in the
transaction of Riba by writing its agreement or being a witness to it."
AI-Ubbi, the famous commentator of the Sahih of Muslim has explained the
Hadith in the following manner:
‫ وبالشاھد المستحمل ۔۔۔ وانما سوی بیمھن یف اللعنۃ الن العقد لم‬،‫والمراد بالکاتب کاتب الوثیقۃ‬
]۲۷۹:۴ ‫یتم اال بالمجوع [شرح اال یب‬
"By the word "writer of Riba"the Hadith intends the scribe of the documents
evidencing the transaction of Riba, and by the word "witness"it means a person who
attended the occasion to become a formal witness in support of the transaction...
The Holy Prophet ‫ ﷺ‬has held them all as equal in sin because the transaction
took place with their joint efforts."
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434 Employment
It is evident from these references that it is the writing of the document of

Riba which invokes the curse of Allah and not its subsequent recording in a
statement of the facts already happened. Therefore, the case of an Accountant
of a firm or a company is different from the person who is directly responsible
for the operation of interest. So far as the Accountant is not involved in
initiating, proposing or helping in the transaction itself, he will, hopefully, not
invoke the curse of Allah by merely recording the transaction in the books of
account or in a financial statement. As a matter of precaution, a Muslim should
as far as possible avoid this type of recording also, however, it does not fall in
the category of the clear prohibition.
In the light of the above, all your questions are perhaps answered. However,
for the purpose of more clarity, I give you a brief reply to each question
seriatim:
1) In both situations (a) and (b) the Accountant does not provide any
help to the transaction itself, rather he records the facts as they occurred
or checks the correctness of their recording. Therefore, it does not directly
fall within the ambit of the warning of the Hadith.
2) So far as the Accountant is not involved in charging interest, claiming
it from the debtor or pursuing him for that matter, merely making entries
in the books of account will not make him liable to fall within the ambit
of the prohibition stipulated in the Hadith. If the amount of your salary is
not more than the Halal amount in the balance of the company, the salary
drawn by you will not be taken as Haram.
3) If the cheque is intended to be written or issued exclusively for
the payment of interest with a clear statement that this should settle the
amount of interest due on the issuer of the cheque, it is not permissible
for any person to write or issue such a cheque. However, if the cheque is
issued for the settlement of different liabilities of which interest is also
a part then the issuance or writing of such a cheque cannot be termed as
absolutely prohibited. This applies to both issuer and the signatories of
the cheque.
4) Of course, any assistance provided to the customer for obtaining an
interest-bearing loan, including the filling of the application form for the
loan, is not permissible according to Shari'ah and it does fall within the
scope of the warning of the Hadith.
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Employment 435
5) A Muslim cannot advise anyone to opt for a financing based on

interest. According to the most authentic view, entering into a transaction
of Riba is prohibited, no matter whether the opposite party is Muslim or
non-Muslim. Therefore, the above ruling is applicable to that situation
also where the client is non-Muslim.
The ruling about the leasing transaction will differ from case to case.
The mere fact that the rental in a lease contract has been based on the
market rate of interest does not render the transaction unlawful. However,
there are certain other conditions which must be fulfilled for a valid lease
transaction that cannot be summarized in this letter.
6) It is the essence of the transaction only which is more important
in Shari'ah and not the nomenclature. Therefore, if investment is named
as "loan" or the profit is termed as "interest" it will in reality be neither
loan nor interest and therefore will not render the transaction unlawful.
Specially, when this terminology has been adopted to avoid or reduce
taxes. However, if the word "loan" is replaced by the word "finance" it will
be more appropriate according to Shari'ah, while no change is required in
the word "interest" because in a wider economic sense profit is included
in interest and the word "profit" can be used in that sense without being a
false statement. In view of the above there is no problem if an Accountant
records such amounts as interest or loans.
7) As mentioned earlier, direct involvement of a Muslim in a transaction
of interest is prohibited and comes under the purview of the above Hadith.
Therefore, it is not permissible for an employee of a non-Muslim to
invest his surplus funds, on his instruction, in interest-bearing securities,
because in this case the employee works as an agent for the employer
which is a direct involvement in the transaction of Riba.
8) If the interest is not among the main commercial activities of the
syndicate, rather it has accrued through interest-bearing deposits of
the surplus funds, it has the same status as that of shares of joint stock
companies. Therefore, if the Muslim participant raises his voice to other
members against involving in interest, it will hopefully be permissible
for him to become a part of this syndicate, provided that the proportion
of the interest in the aggregate income of the syndicate is given by him to
charity without an intention of gaining Thawab through it.
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436 Employment
Further Answers:
1) I have already highlighted the areas of prohibition and the areas where
the Shari'ah has given a leeway but where there is a clear prohibition
there is no option for a Muslim except to abide by it. However, if a person
is forced by his personal circumstances to commit a prohibited act he
should turn to Allah in repentance and seek His forgiveness.
2) If most of the activities of a business are Haram, a Muslim should
not take up the work of that business.
3) The answer to this question is analogous to the answer to question
No. 1 i.e. so far as a Muslim is not involved in a prohibited transaction
directly, merely recording that transaction in the books of account is not
Haram. However, a Muslim should avoid it also as far as possible.
4) It is not impermissible to work as an Accountant or Auditor for the
revenues authorities of a country which is responsible for levying and
collecting taxes.
5) So far as the terms of partnership are in conformity with rules of
Shari'ah and the work of accounting undertaken by the partnership is not
violative of the injunctions of Islam, there is no bar against entering into
a partnership with a non-Muslim accountant.
6) My advice is to abide by Shari'ah in every walk of life.
14.3.2 Employment as Internal Auditor in a company with loans

Q) Sir, please make clear is it allowed to work as an "Internal Auditor" in a
textile mill. The Institute of Internal Auditor defined internal auditing as "an
independent appraisal activity established within an organization as service to
organization. It is a control which functions by examining and evaluating the
adequacy and effectiveness of other controls.
Here in Pakistan, mostly the business of organizations is running on loans.
So there are transactions of loan and interest thereon in the books of account,
and Internal Auditor is responsible to examine and evaluate the adequacy and
effectiveness of these accounts besides others like sale, purchase and assets etc.
A) It is permissible in Shari'ah to work as an Internal Auditor in a textile
mill. So far as the accounts of sale and purchase etc. are concerned, there
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Employment 437
is no doubt about the permissibility of recording such transactions. As for

the interest-based loans, they are though prohibited in Shari'ah, the Internal
Auditor is not responsible for carrying out these transactions which are
affected by the management of the mill. The Internal Auditor may be required
only to check the adequacy of those accounts and this function alone cannot
be held as prohibited.
As for the Hadith in which writing an interest-based transaction is forbidden,
it relates to the writing of the agreement of interest-based loan and not the
recording of transaction that has been affected by some other people.
14.4 Employment in Legal Profession
14.4.1 Employment as a solicitor or barrister in UK

Q) In the UK solicitors and barristers are employed to promote, uphold,
maintain, implement and practice the man made kufr legal system in its
various forms and norms.
Consequently, is it permissible to practice and earn a livelihood as a Solicitor
and Barrister in the non-Shari'ah based system.
A) All the laws in UK are not violative of Islamic injunctions. Therefore, it
is not absolutely impermissible to practice as a solicitor or barrister in UK. It
is, rather, permissible subject to the condition that the solicitor must not plead
for any claim or on any position against Shari'ah.
14.4.2 Working as Judge awarding interest on claims
Q) A judge of the High Court who gives judgment in claiming for the
recovery of money or damages, normally awards, in addition to the claim,
interest on the claim, at a prescribed rate. In this situation, is it permissible for
a Muslim to act as a judge in South Africa.
A) If the judge is obligated by law to award interest, it is not permissible to act
as ‘judge’. However, if in the absence of a Muslim judge, the Muslims of the
country may suffer unbearable hardships, then Maulana Ashraf Ali Thanawi
(Rehmat Ullah) has allowed it with certain conditions (Imdadul-Fatawa v.3, p.
430, Q. No. 439). But I do not think the circumstances in South Africa are fit
to use this concession.
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438 Employment
14.4.3 Employment in Profession of Advocacy

Q) 1) Is the present profession of advocacy repugnant to the Islamic
Judicial System, because in that you need not pay fee or hire a lawyer to
conduct your case.
2) The same question with regard to legal consultancy/advisor.
3) Is it the govt. in an Islamic state who should provide full legal
assistance in respect of any matter.
4) Can the doctrine of necessity be extended in the above case
considering that legal system has gone complex or developed too much.
5) In view of above points is the profession of Advocacy etc. ‘Halal’ or
‘Haram’ under Islamic Law.
A) 1&5) The profession of advocacy, in itself, is not prohibited. This
is a service rendered to the client for which an advocate can charge a
fee. However, this permissibility is subject to three conditions. Firstly, a
Muslim advocate is not allowed to plead the case of a person whom he
believes to be unjust. Therefore, if he knows that his client has committed
an offence he is not allowed to plead for his innocence. The Holy Qur'an
is very clear on this point where it says:
" Do not be an advocate for those who breach trust." (4:105)
Nevertheless, it is not impermissible for an advocate to plead for any

concession given to the culprit under the law, for example, in the above
case it is not allowed to plead for the innocence of an offender, however,
it is permissible to plead for reduction of his sentence on the grounds of
genuine mitigating circumstances.
Secondly, it is not allowed for a Muslim advocate to help his client in
claiming a right which is disapproved by the Shari’ah, for example, if
a person wants to sue his opponent for recovering usury or interest, a
Muslim advocate cannot plead his case to that extent.
Thirdly, a Muslim advocate is not allowed to use prohibited means to
advance the case of his client like false statement, forged documents etc.
Subject to these three conditions the profession of advocacy cannot be
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Employment 439
termed as repugnant to the injunction of Holy Qur'an and Sunnah.2

2) Whatever has been stated above with regard to the advocacy is
equally applicable to the profession of legal consultancy.
3&4) There is no doubt that one of the basic responsibilities of Islamic
state is that it provides justice to its citizens without undue cost. It is
also advisable for it to provide full legal assistance to the people when
they need it to acquire justice. However, if the resources of an Islamic
state are not sufficient to provide this facility free of charge private legal
consultants and practitioners may render their services by charging a fee
from their clients but of course all these are subject to the three conditions
already explained in answer of Question No.1)
14.5 Employment in Medical Profession
14.5.1 Employment as a lady doctor

Q) I want to marry with a girl who should be a doctor. But I am afraid that if
she would ask for job after marriage. Should I respond positively in the light
of Shari'ah. Please guide me.
A) It is permissible for a woman to work as a lady doctor observing all the
requirements of Hijaab. But it will be your own choice whether or not you
want your wife to work as such.
14.5.2 Employment as Midwife
Q) I am a student who has just finished studying A level psychology, business
studies and sociology. I now wish to further my career and go on to study a
degree in midwifery. After receiving my results, I now know that I have the
necessary qualifications to take on this course.
This degree is full time i.e. 34 weeks per academic year and takes four years
to complete. This course will prepare me to become a professional practitioner
of midwifery with the necessary knowledge and skills to give the highest
quality of care to women and their families, whether in hospital, at home or
a community setting. Throughout the program, there are planned midwifery
2 On the contrary, a Muslim Lawyer who represents a client, whose complaint is just, will be
rewarded if he seeks to achieve justice for his client and recover his or her legitimate entitlement.
(EDITOR)
Chapter 14
440 Employment
practice placements, the length of which increases as the course progresses.

During the course, I will be in contact with male and female students, lecturers
and professional midwives, but as you know this course is mainly women
orientated. Overall, I would like to emphasize that the aim of this course is to
help Muslim women.
A) The Muslim society in every country is in dire need of Muslim female
gynecologists and lady doctors who can treat the Muslim women so that they
may not have to resort to the male doctors for their treatment. Therefore, if you
want to study in midwifery with this intention, it will not only be permissible
but advisable and you achieve the Sawab of this intention, InshaAllah.
However, a Muslim woman is always required to observe the requirements of
Hijab and to avoid intermingling with males to the best possible extent. You
may proceed to study this field of knowledge with strict conformity to these
conditions.
14.5.3 Working in an Operation Theatre
Q) In Operation Theatres it is compulsory for us to wear pajamas and loose
shirts. What is the ruling of Shari'ah on this.
A) It is permissible to wear pajama and loose shirts during operations.
However, for males the Pajamas should be above the ankle.
14.6 Employment in Food Sector
14.6.1 Working in Hospitality and Leisure Sector

Q) I had a small query. I have an offer to join a Hospitality and Leisure
company as a Finance Manager. The company basically is involved in running
hotels under management contracts, and some facilities are also 100% owned
and operated by them.
I wanted to find out whether working in a hotel is Shari’ah compliant
(considering that part of income is generated from alcohol sale).
A) Yes, it is permissible to work in a hotel with the following conditions:
1) The main source of income of the company should not be from
alcohol.
2) You should not be involved in physical handling of alcohol.
Chapter 14
Employment 441
3) You must also try & stay away from negotiating purchases or
deciding on purchases of alcohol.
14.6.2 Working in hotels serving liquor and pork
Q) 1) Muslim students who go to non-Muslim countries for higher
education generally find out that the money sent to them by their parents
is insufficient for their many needs. Thus, they take up jobs to stay even.
Sometimes they find jobs in hotels which sell liquor and pork. Is it
permissible for a Muslim student to be employed in such hotels.
2) Running a distillery or merchandizing liquor or pork in non-Muslim
countries are open businesses. Can Muslims also do so.
A) 1-2) A Muslim is permitted to take a job in hotels run by non-Muslims
subject to the condition that this Muslim employee does not take up the
duty of supplying pork or serving liquor and other forbidden things to
non-Muslims, for making others drink or serving it to them is forbidden.
According to a narration from Sayyidna ‘Abd Allah ibn ‘Umar, may Allah
bless them both, the Holy Prophet ‫ ﷺ‬said:
‫لعن اهلل الخمر وشاربھاو ساقیھا وبائعھا و مبتاعھا وعاصرھا ومعتصرھا و حاملھا والمحمولۃ الیه‬
Allah has cursed liquor and its drinker, its server, its seller, its buyer, its squeezer and
whosoever it has been squeezed for, and its carrier and whosoever it has been carried to.
In Tirmidhi, a narration from Sayyidna Anas ibn Malik says:

‫ عاصرھا ومعتصرھا وشاربھا وحاملھا‬: ‫لعن رسول اهلل صیل اهلل علیه وسلم یف الخمرعشرۃ‬
‫والمحمرلۃ الیه وساقیھا وبائعھا وآکل ثمنھا والمشرتی لھا والمشرتۃ له‬
The Holy Prophet ‫ ﷺ‬has cursed ten persons connected with drinking: The
squeezer of liquor and the one for whom it has been squeezed, its drinker and
its carrier and the one for whom it is carried, its server and its seller and the
consumer from its sale proceeds, its buyer and the one for whom it is bought.
The words of the Hadith narrated by Sayyiduna Anas ‫ ﭬ‬appear almost

identically in Ibn Majah as well:
‫ ومعتصرھا والمعصور له وحاملھا والمحمول له وبائعھا والمبیوعۃ له وساقیھا والمستقاۃ له‬،‫عاصرھا‬

The squeezer of liquor and the one who orders its squeezing and the one for whom
it has been squeezed, and its carrier and the one for whom it is carried, and its
seller and the one to whom it is sold, and its server and the one who has been
served with it.
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442 Employment
Imam al-Bukhari and Imam Muslim; ‫ﭬ‬, have narrated the following Hadith
from Sayyidna ‘A’ishah ‫ﭬ‬:
‫ لما نزلت اال یات من اخر سورۃ البقرۃ خرج رسول اهلل صیل اهلل علیه وسلم فاقرت اھن عیل‬: ‫قالت‬
‫ ثم نیھ عن التجارۃ یف الخمر‬، ‫الناس‬
She said: " When the concluding verses of Surah al-Baqarah were revealed, the
Holy Prophet ‫ ﷺ‬went out of the house and recited those verses before people
present there. Then, he prohibited trading in liquor."
Imam Muslim has reported the following saying of Sayyidna Ibn ‘Abbas ‫ﭬ‬
as attributed to the Holy Prophet ‫ﷺ‬:
‫ان الذی حرم شربھا حرم بیعھا‬
The one who has made drinking of liquor unlawful is the one who has also made
its buying and selling unlawful.
And Imam Ahmad has reported the following narration in his Musnad:
‫ وان اکثر‬،‫ انا بارض لنا بھا الکروم‬:‫ سالت ابن عباس فقلت‬: ‫ قال‬،‫عن عبدالرحمن بن وعلة‬
‫ فقال له‬،‫ فذکر ابن عباس ان رجال اھدی ایل النیب صیل اهلل علیه وسلم روایة خمر‬،‫غالتھا الخمر‬
‫ ان الذی حرم شربھا حرم بیعھا‬: ‫رسول اهلل صیل اهلل علیه وسلم‬
This is a report from ‘Abd aI-Rahman ibn Wa’lah. He says: ‘Once I asked Sayyidna Ibn
‘Abbas:" We live in an area where we own vineyards and the major source of our income
there is nothing but liquor.’ To this, Sayyiduna Ibn ‘Abbas replied, ‘A certain person came
to the Holy Prophet ‫ ﷺ‬and presented a leather bag full of liquor as a gift for him. Then,
to him, the Holy Prophet ‫ ﷺ‬said: ‘The one who has made the drinking of liquor unlawful
is the one who has also made its buying and selling unlawful."
In the light of the Ahadith quoted above, it becomes clear that the business of
liquor is also unlawful, as is its transportation from one place to the other, or
its offering for consumption. The ruling given by Sayyiduna Ibn ‘Abbas ‫ﭬ‬
also provides a clear answer to the situation in which the distilling, and buying
and selling of liquor may be common local practice, still, there too, it will not
be lawful for a Muslim to adopt dealing in wine as a means of his livelihood.
And as far as I know, no Faqih from among the Muslim Jurists has ruled it as
permissible.
14.6.3 Employment in a bakery where pork is used
Q) What does our Shari'ah say about working in a bakery where pork (meat
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Employment 443
of pig) is also used in sandwiches. If a person works in the same bakery in

other departments where he does not deal with pork, is it allowed or not.
A) If the employee has to sell pork products, this employment is not
permissible in Shari'ah. However, if the bakery is owned by a non-Muslim,
and the employee works in other departments where he has not to be involved
in preparing or selling pork products, his employment is permissible.
14.6.4 Employment in a Pork Processing Plant
Q) I am a meat inspector and I do inspection for different processing plants in
Toronto. I was also asked to go and do inspection in a 100% pork plant where
only Pork is cut and processed. As a Muslim can I do this. Please enlighten
and guide me the correct way.
A) If the plant itself is designed exclusively for pork production it is not
permissible for you to render any service to that plant. But if the plant can be
used for pork products as well-as other meat products, then, merely rendering
the service to that plant is not Haram. But still it is desirable to avoid it if it is
known that it is being used 100% for pork products. This is about inspection
of the plant itself but if the inspection is for the pork products then it is not
allowed in any way.
14.7 Employment in IT sector
14.7.1 Employment in an Internet Company

Q) The purpose of this e-mail is to inquire from you about the Shari’ah ruling
for the nature and validity of the job that I am being asked to do by my elders.
The post being offered is of "Director - Internet Operations". As I have some
reservations about Internet business and since I am being asked to fully look
after all aspects of Internet (including operations, future developments and
expansion, selling, distribution, marketing and advertising) I would like to
clarify my reservations in the light of Islamic Shari’ah.
Internet is used for many purposes. Some uses are allowed in Islam like:
Halal business trading, communication, research work etc., while some uses
are prohibited like seeing photos of Non-Mehram, chatting between male and
female etc.
I have information that many users of internet in Pakistan are youngsters, and
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444 Employment
most of these youngsters are using internet for prohibited and vulgar activities
like pornography, chatting with non-Mehrams, seeing photos of non-Mehrams,
watching movies, wasting time, listening to music, and so on. If we promote
internet, such wrong usage may increase.
1) In this case, is the internet service provider helping them in
committing sins.
2) Based on above, is it Halal to do internet business in Pakistan. Please
elaborate.
3) Is internet different from TV, VCR or camera.
4) In future, internet may replace TV, movies etc. There may only be
internet and no TV, VCR, etc. Will this business still be Halal then.
Based on the above points, please advise if I should accept the order of my
elders to take over the job as "Director -Internet Operations". And is it Halal
to work in internet business company and help it to expand and grow bigger.
A) It is true that the internet facility can be used for certain Haram activities,
however, the principle of Shari'ah is that if an object can be used for both Halal
and Haram purposes its sale is not impermissible even though the majority of
the people use it for impermissible activities. The permissibility of sale of radio
and tape-recorder etc. is based on the same principle. Since the internet is mainly
used mostly for permissible activities, it cannot be termed as Haram. Therefore,
I feel that your working as Director of Internet operations is not impermissible
nor the income derived there from can be termed as impure. However, at the
same time you must try to find out means to discourage or at least minimize the
impermissible usage of the internet to the best possible extent.
14.7.2 Employment in satellite TV broadcasting company

Q) I am a telephone operator working for Sky Digital installation dept. (T.V.
Satellite Company) my job involves the following:
1) Customers phoning Sky to book Sky Digital T.V. I take the customer’s
details and book an engineer to go and install a Sky dish at their homes.
2) I send viewing cards to customers (A viewing card is a card which has
a chip in it holding the information to the channels you have subscribed
to).
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Employment 445
3) Booking service calls for

a) Customers who have faulty equipment.
b) If the customer cannot receive Sky picture, we help them get the
picture back with a simple procedure done by the customer.
My Job does not involve:
1) Promoting Sky T.V. because the customer has already chosen to take
Sky.
2) To persuade the customer to stay with Sky if they want to cancel an
account with Sky neither do we encourage them to take more channels.
My questions are:
1) Is it permissible for me to work as an operator for such a company
(i.e. as explained above).
2) If it is not permissible to work for this company, must I leave this
company immediately or stay until I find another job.
3) Will my earnings be Halal if I continued working with this company.
4) Am I accountable for what people watch after subscribing.
A) Nowadays, because satellite TV is being utilized for impermissible and
unlawful (Haram) things, it is not permissible to acquire such a job which is
directly involved with broadcasting satellite TV programs, selling or providing
satellite TV to viewers.
However, since your job as mentioned in the question is not directly involved
with broadcasting, selling, providing or installing satellite TV, it cannot be
declared as absolutely Haram, but it certainly is not immune from being
makruh-tahrimi (highly abominable) as it is an indirect means of providing it,
and the ruling for your earnings would be the same.
Therefore, you should look for another job as seriously as an un-employed
person would do, and leave this present job as soon as you find another job
free from abomination. And as far as your last question is concerned, if you
have a sincere and firm intention to leave your present job as soon as you find
another job free from abomination and all efforts are being made for it as well,
then in this state of compulsion, InshaAllah, it is hoped that you will not be
accountable for it. And only Allah the Most Exalted and Glorious knows best.
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446 Employment
14.7.3 Working as a web designer

Q) My name is Waheed. I am a college student. I am a new Muslim; I convert
into Muslim 3-4 years ago, but my family is till now Hindu. I am still staying
with them. Is there any kind of amal for them.
I have another question. I am a freelancer and I want to build up my career as
a freelancer. I design website. Is there any problem to do this in Islam. Islam
permits it or not. Is it Halal that the money / income from that work. Can I use
human pictures, if necessary, in the web page.
A) Congratulations on your embracing Islam. May Allah give you istiqamah
and solve all your problems, Ameen. Please make dua to Allah that He may
guide your parents as well.
There is no problem if you work as a freelancer in the field of web designing
if the site is not for an impermissible business or activity, like liquors, interest-
based banks, night clubs etc. However, it is better to avoid human pictures on
the website as it is not permissible according to some Ulama, although it is
permissible to a large number of others, if the pictures are only on website and
not printed on a paper etc. Moreover, designing the website with pictures of
women will not be allowed.
14.7.4 Employment in a micro-chip manufacturing company

Q) Zaid works in a firm that sometimes develops micro-chips that are used
to enhance the quality of images developed using the ‘red’ ‘blue’ green’ color
signals. Zaid’s work is involved only in developing the circuits that mix these
three colors to develop good quality image on the TV sets. Zaid’s chip is not
making the picture, it takes whatever is inputted and generates an enhanced
quality color. If the input is of a living being, then Zaids chip will output that.
If the input is of non-living, then Zaid’s chip will output an enhanced image
of that. Zaid’s company sells these chips to TV manufactures who connects
Zaid’s chips in their system which enhances the image quality on the TV set.
Is the income generated from Zaid’s employment Halaal or not if a portion
of the income his employer generates is from selling these chips to TV
manufacturers.
A) Since these microchips can be used for both permissible and impermissible
purposes, their sale cannot be held as Haram. It depends on the user how he
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Employment 447
uses it. Therefore, the income derived through the sale of these microchips to
the TV manufacturers cannot be held as impermissible.
14.7.5 Services to an online dating services

Q) The other question I had is that we have come across a client who operates
an online dating service. We will be only providing tax and bookkeeping
service to this client. Is it permissible for us to have this as a client and also in
this regard what else should we be cautious about.
A) It is not permissible for you to work for a client who operates an online
dating service, even though it is restricted to providing tax and book-keeping
services for them.
14.8 Other topics
14.8.1 Having food at the house of a conventional bank employee

Q) Amongst my friends and relations, I have a number of people who are
working in banks/insurance companies, etc. Is it okay to have food at their
house. Please advise.
A) If their employment includes effecting or directly facilitating impermissible
transactions of interest or Gharar, their income against such impermissible
actions is not Halal, and it will not be permissible to eat anything bought
directly with such income. However, if their employment includes permissible
actions like maintaining IT systems for interest-free current accounts or staff-
training, then the portion of income against such actions is permissible and it
is permissible to partake of anything whose value is covered by this portion of
income. Similarly, if they have other permissible sources of income and you
do not know whether they are purchasing from the Halal or impermissible
money, or their permissible and impermissible funds are comingled, it is
permissible to partake of what is purchased if you are reasonably sure that its
value is covered by the Halal portion. (See Fiqhul Buyu para. 499 and 519).
14.8.2 Employment in Corporations supporting Christianity

Q) I have a question for Ulama regarding Muslims working in corporations
who are contributing a large amount up to 50% of their Christian trusts for
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448 Employment
propagating the Christianity in the world. Is it a Halal income for Muslims.

A) Perhaps the intention of your question is that there are some corporations
whose 50% income is donated to Christian Trusts for propagating Christianity.
Is it permissible for Muslims to get employment in those corporations.
My answer is that if the basic activities of the corporation and their business do
not violate any principle of Shari'ah, employment in those corporations cannot
be termed as Haram for the Muslims. However, if the amount donated for the
purpose of propagating Christianity exceeds 50% then it will depend on the
nature of the employment. Therefore, a question may be asked explaining the
nature of job entrusted to the employee.
14.8.3 Employment in a non-Muslim government

Q) Is it permissible for a Muslim to work to take a job in a non-Islamic
government. If so what are the limitations and restrictions.
A) Majority of the Muslim jurists are of the view that employment in a non-
Muslim government is allowed on the condition that the employee does not
have to do anything against Shari'ah, nor any act against the cause of Muslim
Ummah. Further discussion on the subject may be found in Ma’ariful Qur'an
under verses 55 of Surah Yusuf (Surah no. 12).
14.8.4 Employment in a crematorium

Q) I have a job of maintaining the gardens at a crematorium. At this time of
the year one of my duties is to collect the fallen leaves. My problem is that
together with the leaves there are also ashes of the cremated people scattered
in certain places around the area which I work in. At the moment I rake around
them. What should I do with the ashes. Should I gather it with the leaves for
the litter disposal.
A) It is advisable to bury the ashes of the cremated people and if it is not
possible for any reason to do so you are not responsible for that.
14.8.5 Head Hunting for recruitment

Q) Is ‘head hunting’ for recruitment allowed?
A) Yes, head hunting for recruitment is allowed, provided that the head hunter
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Employment 449
does not entice the recruitee to breach his existing contracted period / terms
for the new employment. Moreover, if a person is negotiating another for an
employment, and are inclined to enter into the employment agreement, it is
not allowed for a third person to interfere with them by offering the potential
employee to accept to be employed with him. This is prohibited by the Holy
Prophet Sallallahu wa sallam.
(See Fatwa no. 49/1643 of the Fatawa of Darul Ifta Jamia Darul Uloom
Karachi).
14.8.6 Asking for Salary increment

Q) I do not like to ask for a raise/salary increment from my bosses. I would
rather prefer that they increase it on their own. Also I prefer to look for another
job rather to ask for a raise. Kindly tell me what I should do since most of my
family tell me that I am a coward in not doing so.
A) Asking someone is disliked if it is against no consideration. However,
asking for reasonable salary from one’s employer does not fall in this category.
Nevertheless, one should not be demanding more than he deserves.
Chapter 15
Banking & Interest 451
CHAPTER
15
15.1
Banking & Interest
Riba, its meaning and application 454
15.1.1 Definition of Riba 454
15.1.2 Riba & its application 456
15.1.3 Interest is prohibited both in public & private sectors 459
15.1.4 Interest or service charges in public & private sectors 459
15.1.5 Capital and return on it 460
15.2 Dealing in Riba in non-Muslim countries also not permissible460
15.2.1 Home loan on interest in a non-Muslim Country 460
15.2.2 Dealing in interest on loan in foreign countries 461
15.2.3 Taking loan on interest in a non-Muslim country 462
15.2.4 Earning interest in a non-Muslim country to give it in charity 463
15.3 Interest-free banking system 464
15.3.1 Distinguishing features of Islamic Banking 464
15.3.2 Structure of interest-free Banking 466
15.3.3 Incentives for savings in an interest-free economy 467
15.3.4 Alternative banking instruments for carrying on trade 467
15.3.5 PLS (profit & loss) Bank Account 468
15.3.6 Is PLS (profit & loss) account permissible 469
15.3.7 Opening an account in a conventional bank 469
15.3.8 Islamic transaction with a conventional bank 470
15.3.9 How to switch over to Islamic financing 471
15.4 Banking transactions & Shari'ah compliant solution 472
15.4.1 Murabaha transaction by a financing company 472
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452 Banking & Interest
15.4.2 Murabaha based on variable benchmark 473

15.4.3 Penal provision for default in a Murabaha Contract 473
15.4.4 Variable rate on Islamic loan 474
15.4.5 Loan on Musharakah basis 475
15.4.6 Purchasing assets through a bank 475
15.4.7 Decreasing partnership and house financing 475
15.4.8 Sale on installment v/s buying house with loan 477
15.4.9 Buying a house with Islamic finance 478
15.4.10 Profit on property bought on interest-based mortgage 478
15.4.11 Credit line from a conventional bank on interest-basis 479
15.4.12 Is it Interest or profit on loan with two separate agreements 479
15.4.13 Interest-based student loan 480
15.4.14 Granting loans without interest - Qarz-e-Hasan 480
15.4.15 Charging higher price to compensate for interest-free loan 481
15.4.16 Loan amount and effect of devaluation & inflation 481
15.4.17 Fees on bank guarantees 482
15.4.18 The arrangements of Consumer Credit Scheme 482
15.4.19 Micro credit business model 492
15.4.20 Interest between companies with same shareholding 494
15.5 Shari'ah compliant investments 495
15.5.1 Islamic deposit based on LME transaction 495
15.5.2 Investment in equity of companies 496
15.5.3 Acquiring shares of a bank or other companies 498
15.5.4 Investment in National Saving Certificate 498
15.5.5 Partnership on a fixed profit basis 498
15.5.6 Permissible ways of investment in Pakistan 499
15.5.7 Currencies, discounting of bills and others 502
15.5.8 Tradability of debt and financial papers 506
15.5.9 Prize money on Prize Bonds is illegitimate 510
15.5.10 Permissibility of Games involving gambling 510
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15.6 Interest income and its utilisation / disposal 512

15.6.1 How to dispose-off interest money received 512
15.6.2 Expressing one’s dissent to company on dealing in interest 515
15.6.3 Estimating the interest amount for purification 516
15.6.4 Interest accrued before the conversion to Islam 516
15.6.5 Netting-off interest income with commission or interest expense 517
15.6.6 Off-setting of interest received and paid 517
15.6.7 Adjusting interest with the loss of deposit from the same bank 519
15.6.8 Adjusting interest income with the loss of deposit 520
15.6.9 Adjusting currency exchange loss with interest income 520
15.6.10 Using interest money for paying government fees 521
15.6.11 Using interest money for construction of mosque 521
15.6.12 Using interest to support a political party 522
15.6.13 Recovering interest from debtors 522
15.6.14 Interest received on initial deposit from Gas & Electricity Cos. 523
15.6.15 Interest on Provident Fund 523
15.6.16 Retirement money and interest on it 524
15.6.17 Difference between rent and interest 526
15.6.18 Ex-gratia received from a conventional bank 526
15.7 Leasing 526
15.7.1 Leasing of motor cars and machinery 526
15.7.2 Leasing a car based on operating lease is permissible 527
15.7.3 Sale and lease back based on Ijara 528
15.7.5 The rebate on early payoff is permissible 528
15.7.6 Auto finance on hire purchase, not fully compliant 529
15.7.7 Buying a repossessed car from a financial institution 529
15.7.8 Purchase of leased car at mutually agreed price 529
15.8 Credit Cards 530
15.8.1 Permissible ways of using Credit Card 530
15.8.2 Kinds of Credit Cards & charges 531
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15.8.3 The annual fee charged on a credit card 532

15.8.4 Use of credit cards by an individual & by a seller 533
15.8.5 Benefits given by the Credit Card company as rewards 535
15.9 Futures, Options, Swaps and Cryptocurrencies 535
15.9.1 Options, Swaps & Futures Contracts 535
15.9.2 Futures contract 536
15.9.3 Option contract 538
15.9.4 Share option 539
15.9.5 Islamic Swap 540
15.9.6 Trading in Cryptocurrencies 541
15.1 Riba, its meaning and application
15.1.1 Definition of Riba

Q) What is the definition of Riba (‫ )ربا‬according to the Holy Qur'an and
Sunnah of the Holy Prophet ‫ﷺ‬. Does it cover the simple and compound
interest existing in the present-day financial transactions.
A) The word, Riba as understood from the Holy Qur'an and Sunnah, is any
extra amount stipulated in a contract of loan over and above the principal
amount, regardless of whether the extra amount is significant or insignificant.
Islam, therefore, considers the Riba Haram, in all of its forms.
The Fuqaha have given two interpretations of the word, Riba: Riba-al-Nasia
(‫ )ربا لنسیه‬and Riba al Fadl (‫)ربالفضل‬.
Riba al-Nasia is defined as,
‫ھو القرض المشورط فیہ االجل و زیادۃ مال عیل المستقرض‬
"Any lending arrangement that obligates the borrower to pay a certain extra
amount over and above the payment of the principal amount against the specified
deferment".
Chapter 15
Similarly, Imam Baihaqi reports the interpretation of Riba by Hazrat Fuzalah

Ibni Ubaid ‫ﭬ‬:
‫ک ل قرض جر منفعة فھو من وجوہ الربا‬
"Any lending arrangement which results in some benefits to the lender, is one of the
kinds of Riba".
It is important to note that the Ayahs of Holy Qur'an prohibiting interest relate
to Riba al-Nasia.
O you who believe, fear Allah and give up what still remains of Riba, if you are
believers. (2:278)
But if you do not (give it up), then listen to the declaration of war from Allah and
His Messenger, but if you repent, yours is your principle. Neither wrong, nor be
wronged. (2:279)
At the time of revelation of the above Ayahs, the prevalent form of Riba was
Riba al-Nasia. Therefore, the companions of the Holy Prophet ‫ ﷺ‬understood
the meaning of these Ayahs in terms of Riba al-Nasia. Thus, Riba al-Nasia was
categorically regarded Haram in matters of Qarz (loan transactions).
Riba al-Fadl occurs in those commodity exchange contracts where a contract
provides payment of any extra quantity of the commodity.
For instance, one kilogram of wheat is exchanged for more than one kilogram
of wheat, regardless of quality consideration. What matters is, that a given
quantity is to be exchanged for the same quantity. In this case, the Hadith of
the Prophet ‫ﷺ‬,
‫ والرب بالرب مثال‬،‫ والتمر بالتمر مثال بمثل‬،‫ والفضة بالفضة مثال بمثل‬،‫الذھب بالذھب مثال بمثل‬
‫ بيعوا‬،‫ فمن زاد أو ازداد فقد أریب‬،‫ والشعري بالشعري مثال بمثل‬،‫ والملح بالملح مثال بمثل‬،‫بمثل‬
‫ وبيعوا الشعري بالتمر كيف شئتم يدا بيد‬،‫الذھب بالفضة كيف شئتم يدا بيد‬
" Sell gold by gold, silver by silver, dates by dates, wheat by wheat, salt by salt, and
barley by barley like for like and equal for equal so he who made an addition or who
accepted an addition, committed the sin of taking interest. But sell gold for silver as
you like but hand to hand and sell barley for dates as you like but hand to hand".
Chapter 15
Though the above Hadith mentions the incidence of Riba in six things but
the Fuqahah have extended the application of this Hadith to all commodity
transactions characterized by the same underlying common feature (Illah).
Whenever the same commodity is exchanged for more (Quantity), the Riba
al-Fadl will arise.
In the light of above explanation, it is clear that the word ‘Interest’ as
commonly understood in context of banking/financial pertains to the Riba al-
Nasia. Therefore, any extra payment specified in Qard relating contract over
and above the principal amount, falls under the definition of Riba, al-Nasia,
irrespective of the rate/amount of the extra payment. Hence, both the Simple
and the compound interest are prohibited as being Riba al-Nasia.
Some people, perhaps have misunderstood the meaning of the verse:
" O ye who believe, devour not usury doubled and multiplied but fear Allah that Ye
may (really) prosper" (3:130)
and have tried to argue the permissibility of the simple interest. This is totally
wrong conclusion.
As a matter of fact, the Holy Qur'an wants to root out an interest mentality
as appears from verse (2:279). Ibn-e-Jareer has reported the interpretation of
Hazrat Qatada ‫ ﭬ‬in his tafsir.
‫ما کان لھم من دین فجعل لھم ان یا خذوا رؤوس اموالھم وال یزدادوا علیہ شئیا‬
" That the Holy Qur'an permits the lender to receive the principal amount only and
does not allow any addition (however small it may be)".
15.1.2 Riba & its application

Q) You have been making research on various Islamic laws and principles
which remain not clear in minds of people like me who have no knowledge
or study of matters. As a learned Scholar and having vast experience and
knowledge of both Islamic Laws and practices of modern period, I hope to get
a reply of my query from you. Matter is the same old one - What is the position
of Bank interest or profit - by whatever name it is called according to Shari'ah.
To express whatever I understand I give below my feelings:
1) Authentic definition of ‘Riba’ which has been declared by Allah and
Holy Prophet ‫ ﷺ‬in Qur'an as "Haram ".
Chapter 15
2) As far as I can see the charges of profit or interest one expects to get in
return of his providing money to a needy person to fulfill his requirement
of daily needs in the absence of any source to fulfill these is ‘Riba’ but
any such return on money used for business, to earn more money, should
not come under the definition of ‘Riba ‘.
3) Generally it is said that if rate of profit is fixed it comes under
definition of ‘Riba’ and becomes ‘Haram’ but if it is linked with profit
earned, it is not ‘Riba’. In my humble opinion this position is different.
For example ‘A’ has got Rs. 100,000 and he constructs a shop and gives
it on fixed monthly rental for business. Or if he gives Rs. 100,000 in cash
for another business. What is the difference as far as ‘A’ is concerned. He
is parting with his money, in one case he is giving it in kind and in another
case in cash. Why return in both the cases be distinguished. Shop’s rent is
not dependent on profit or loss to the Shopkeeper. If rent paid for shop is
‘rental for shop’ why fixed return on cash is not ‘rental of money’.
This letter is just to clarify the position and correct my thinking and in no way
to convert Haram into Halal. After all after 15 Centuries, our concept should
be clear at least on basic principles of our faith and we should not find excuses
for justification of our (mis) deeds.
A) I received your letter dated 27th January 1997 and apologize for the delay
in replying it. It was due to my overwhelming involvements both here and
abroad. I hope you will forgive me for this delay. The questions you have
posed have been discussed thoroughly in a number of books written on the
subject both in Urdu and English. If you wish to benefit from English writings
I would advise you to read the following books:
"The Questions of Interest: Mufti Shafi $"
"Islam & Modern Business: Mufti Taqi Usmani"
"Islamic Finance: Mufti Taqi Usmani"
"Historic Judgement of Supreme Court on Interest"
You may also benefit from the book of Dr. Anwar Iqbal Qureshi, titled "Islam
and the Theory of Interest".
I think if you want to be very clear on this point you should at least study these
books. However, I am giving here very brief answers to your questions:
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1) The legal definition of any prohibited act is seldom given in the Holy
Qur'an itself. For example, wine has been prohibited but no definition
of wine has been given. Similarly, adultery, telling lies, back-biting and
bribery have been prohibited by the Holy Qur'an but the definitions of
these acts have not been provided. Reason for it is that all these concepts
were too clear in the minds of the addressees to need any such definition.
The same is the case of Riba. The concept of Riba was widely recognized
among the addressees of the Holy Qur'an and it is that concept which is
reflected in the legal definition provided for Riba either in the Hadith or in
the later literature of Islamic jurisprudence. According to this definition
any transaction of loan where the payment of an additional amount on the
principal is made conditional to the advance of such loan is called Riba.
2) There is no distinction in Shari'ah between advancing a loan to a
needy person or advancing it to a business concern. The principle is that
the person who advances money to another person should clearly decide
whether he wishes to assist him or he wants to share in his profits. In the
former case, he should withdraw from any claim of additional amount (in
the form of interest) while in the latter case he should share his loss also.
It is not permitted by Shari'ah that he claims profit but does not agree to
share his loss.
Another point which needs attention here is that the distinction between
a needy and a rich person in commercial matters is totally irrelevant. If
a Shopkeeper sells a commodity to a poor person with a margin of profit
which is not excessive nobody can say that this transaction is Haram
because of the poverty of the purchaser. One can say that it would be
more advisable for the Shop Keeper to give him the commodity either as
a charity or at cost without charging a profit but it cannot be said that the
marginal profit charged here is not Halal. If charging an additional amount
on a loan is not in itself Haram then the same analogy should have been
applied here meaning thereby that if a creditor charges a marginal interest
on the loan he has advanced to a poor person it should not be condemned
or declared as Haram, but even the modernists who hold the commercial
interest as Halal admit that this kind of transaction is Riba and prohibited
by the Holy Our’an. It proves that the basis of the prohibition is not
linked to the poverty of the debtor. Had it been so, charging profit from a
poor person would also have been declared as Haram. Therefore, the only
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basis for distinction between a sale and a transaction of Riba is that the
former relates to commodity while the latter relates to money.
3) There are several differences between interest and rent. The
basic principle of Shari'ah is that profit is justified where a person has
undertaken the risk of the thing given to another person. In a transaction
of loan, after advancing money, the creditor does not take any risk of the
money because if the money is lost in the hands of the debtor after he
has taken delivery thereof the debtor is bound to repay the loan. As the
creditor did not take any risk of it, therefore he cannot charge additional
profit thereon. While, in the case of a property leased out to the Lessee,
the Lessor has taken the risk of the property, If the property is destroyed,
he will bear the loss, therefore, it is justified for him to-charge rent from
the Lessee. Another difference is that the property is always subject to
depreciation while money does not depreciate. Therefore, charging of
rent in the first case is justifiable while it is not so in the latter case.
I hope that these brief answers will at least explain the basic concepts. However,
for greater details you should study the books I have referred to above.
15.1.3 Interest is prohibited both in public & private sectors

Q) Does the interest on loans floated by the Government to meet national
requirements come under Riba.
A) Yes, the Qur'anic injunctions regarding the prohibition of interest is
general. The interest is prohibited both in the public and private sectors and for
all types of purposes. Any excess payment made over and above the principal
amount is Riba and is thus Haram. For more details see the answer to the
earlier question.
15.1.4 Interest or service charges in public & private sectors

Q) Can, in the light of the Injunctions of Islam, any differentiation be made
between private and public banking in respect of charging interest on banking
facilities or services rendered.
A) Public and private banking institutions are treated at par in respect of the
Islamic injunction of prohibition of interest. No interest is allowed on any
financial transaction in both public and private banks. However, the banks
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both in public and private sector can charge service charges to take care of
administrative expenses.
15.1.5 Capital and return on it

Q) Can the capital, according to the Injunctions of Islam, be regarded as an
agent of production thus requiring return for its use.
A) The word capital is used in two meanings: Physical and financial.
Physical capital like machinery, building, etc. participating in the production
process are allowed to claim their reward in the form of rental.
Financial capital like money and near-money instruments taking part in
the production process through Mudarba or Musharkah arrangement can
participate in profit/or loss. However, no fixed return is admissible for the use
of money capital.
15.2 Dealing in Riba in non-Muslim countries also not

permissible
15.2.1 Home loan on interest in a non-Muslim Country

Q) My question is concerning obtaining interest-based loans to purchase a
home in America. I have heard many different views and opinions and I wanted
to know what Mufti Sahib’s stand was. Is it permissible to obtain an interest-
based loan for a home in America on the basis of Dar ul Harb. I understand
that a Mufti from Deoband gave a fatwa saying it is permissible for Muslims
in India to give and receive loans on interest since India is Dar ul Harb. If it
is permissible, on what basis and are there any restrictions. This is a very big
issue in the US since Muslims cannot purchase homes on interest, there are no
interest free banks and rentals for flats are the same as paying mortgage.
A) Although some past jurists were of the view that Riba transaction with
non-Muslims in Dar ul Harb are not impermissible, yet this minority view
did never find favor with the bulk of the Muslim jurists throughout the world.
Their main argument is that the prohibitions imposed by the Holy Qur'an are
of universal nature and do not differ from country to country. For example,
drinking or selling wine to non-Muslims in a non-Muslim country is as
prohibited as in Muslim country. Likewise, adultery and prostitution in a non-
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Muslim country is as impermissible as in a Muslim country. The case of Riba

is not different on this score. Its prohibition stands operative throughout the
world; therefore, it is not allowed for a Muslim to transact on the basis of Riba
even when he is in a non-Muslim country which is termed as Dar ul Harb.
Therefore, it is not permissible for Muslims living in the western countries to
enter into a loan transaction based on interest even for the purpose of acquiring
a home. That is why Muslims in these countries are trying to establish their
own institutions for house financing. A number of such institutions have been
established in North America and U.K.
15.2.2 Dealing in interest on loan in foreign countries
Q) A large number of Muslims live in foreign countries. Is it permissible for
them to take or give interest on loans.
A) For Muslims living in foreign countries, taking of interest is not
permissible, just as indulging in alcoholic drinks is not permissible for them.
Being in a Muslim or non-Muslim country makes no difference. May Allah
keep us under His protection wherever we are. Unfortunately, the whole
set-up of our living has undergone a major change. Ideas, values, concepts,
everything is affected. Seen from this angle, the question my friend has posed
becomes all the more important.
Let us go to the root. The question is: Under what conditions is it permissible
to take a loan. If someone goes to someone else and asks for a loan, it means
that the former faces a situation in which the taking of loan has become the
only alternative open to him. This will be a situation in which it would be
permissible for him to ask for a loan. But should a well-to-do person go out
seeking an interest free loan on the plea that he already has two factories
running successfully, and now he wants to set up a third factory? In this
case, the very act of seeking an interest free loan is neither reasonable, nor
permissible without karahah. Asking for money, asking for a loan to line up
a third factory on top of the two flourishing ones is a concept which is totally
alien to Islam. However, what you can do is that you can ask for finances on
the basis of Mudarabah, meaning that one seeks finance from someone else on
the agreement that he will invest this money in a business and will give him an
agreed share in its profit, if any. This is not a loan. This is a kind of partnership
between the two parties in a business venture.
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15.2.3 Taking loan on interest in a non-Muslim country

Q) I am an Indian Muslim businessman, staying in Saudi Arabia, since 9
years, and a regular reader of AI-Balagh International. May Allah reward you
in full, for your service to the Ummah. I have few Questions in mind, I would
be grateful if you answer them.
1) Can we take loan from Government, Banks, Financiers, (in India) for
the purpose of doing business, or constructing a house, and we have to pay
interest. Heard some Muftees in India have permitted the businessmen to
take loan. Is this allowed, in case of Dar-ul-Harb. The permission is given
on the basis, that if Muslim takes loan and does big business, he will
employ a big number of Muslim staff, and many unemployed Muslims
can get job, and it is a matter of sawab. If we don’t do it, the non-Mulsims
are doing it, and all big business will be only in the hands of Kafirs. This
is practical problem. Could you please comment.
2) If 'No' is the answer to my above question, can you please let us
know the way to do big business in India, without taking loan. I think it’s
impossible, and when I studied this carefully, I found more than 95% of
Muslim Industrialists, Exporters, and big Trading Groups, do take loan,
just to be safe from the Govt.
As you cannot declare your white money, if you do, you have to pay heavy
taxes. So the best way to show the source of income or cash money is loans
from Bank, and to pay tax on this money is easy. I am really confused, and
this is the main reason, I have never started business in India. Can you please
solve this problem.
A) According to the overwhelming majority of the Muslim jurists, there is
no difference between Darul-Islam and Darul-harb in the prohibition of Riba.
A transaction of Riba is totally prohibited, no matter whether the other party
to the transaction is a Muslim or a non-Muslim. Although Imam Abu Hanifah
has allowed interest in a non-Muslim country with certain conditions, yet
this view has not been approved by the majority of jurists, including a large
number of Hanafi jurists themselves.1
1 Imam Abu Hanifah $ was of the view that any 'transaction' between a Muslim and non-Muslim
in Darul-Harb did not give rise to Riba because the acquisition was an original one, the property
of the non-Muslim being a permissible original acquisition, not arising from contract but ISTILA
(‫)االستيالء‬. Hence, it did not fall within the ambit of the verses prohibiting interest or Riba. Muslims
living as minorities in non-Muslim countries enjoy constitutional rights and protections, within a
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In the early days of the Holy Prophet ‫ ﷺ‬many Muslims used to enter into Riba
transactions with non-Muslims, but when Riba was prohibited, they stopped
this practice totally. The verses of the Holy Qur'an which prohibited Riba did
not differentiate between a Muslim and non-Muslim. Similarly there is no
example in the days of the Sahabah ‫ ﭫ‬where anyone of the Sahabah ‫ﭫ‬
entered into a Riba transaction with a non-Muslim after the prohibition was
enforced.
Therefore, one cannot be advised to take an interest-bearing loan, even in a
non-Muslim country. I have heard of some Indian Muslims (in Bombay) who
are trying to establish an Islamic bank or a financial institution to be run on
the basis of Islamic modes of financing. You should approach them for your
financial requirements. They may help you in this respect.
15.2.4 Earning interest in a non-Muslim country to give it in charity

Q) I have recently been told that it is permitted for a Muslim to deal in
interest in America or UK i.e. a Muslim can open interest-bearing savings
bank account in America or UK. The interest received from the bank should
then be given to poor and needy Muslims in Pakistan or India. I am told that
this ruling is based on the facts that non-Muslims should not benefit from the
"interest" not taken by us. I am also given to understand that perhaps you have
approved this ruling.
I must say that in America or UK I maintain current accounts only and thus the
question of interest does not arise. The same thing I have tried to do, wherever
possible. My idea is based on the fact that a Muslim should have no dealings
in the interest, be it as a receiver, writer, or giver.
Please comment on this aspect of "interest" and if your ruling is different for
different regions, please advise your ruling for the major regions of the world,
such as America, UK, Asia, Saudi Arabia.
A) The correct position is that dealing in interest is Haram, both in a Muslim
or a non-Muslim country. Some jurists have opined that interest-bearing
loans can be given to a non-Muslim citizen of a non-Muslim country, and the
interest charged from him is Halal for a Muslim. But this view has not been
secular state in common with other citizens. Their status appears to be different from Darul-Harb,
literally, a state of ongoing military conflict between Darul-Islam and Darul-Harb. There is a need
to properly define Darul-Harb in the context of the modern state to determine whether Imam Abu
Hanifah›s view has any application at all. (EDITOR)
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endorsed by the majority of the jurists. So, the correct view is that charging
interest is not permitted in any case, no matter whether the debtor is a citizen
of a Muslim country or not.
As for opening a saving account in a non-Muslim country with intention to
distribute its interest among the poor, I have never recommended or approved
of it. I always advise the Muslims to keep their money in the current account.
However, if somebody has opened a savings account, either due to his ignorance
about the Shari'ah injunctions or because of his negligence, then, in that case
only, he should give the amount of interest to the poor persons in order to
dispose of this unclean money, and not to earn the thawab of sadaqah. But it
does not mean that he should deliberately open an interest-bearing account for
the disbursement of its interest among the poor.
In fact, opening an interest-bearing account amounts to entering into a
transaction of interest which in itself is a clear sin. The one who has already
committed this sin is advised to atone for it by giving the interest money to
the poor, but one cannot be advised to commit a sin in order to atone for it by
helping the poor. Taking bribe, for example, is a sin. If a person has earned
some amount through bribes and he is unable to return it back to the original
owners, he is advised to give that amount to the poor in order to atone for his
sin to the best possible extent. But one cannot be advised to accept bribe with
the intent of giving the money to the needy persons. The same principle is
fully applicable to the interest transactions also.
15.3 Interest-free banking system
15.3.1 Distinguishing features of Islamic Banking

Q) We have learnt in our books and Universities that money has a time value.
Also, that money over the time depreciates in value due to inflation.
How then one cannot lend money and charge an extra amount for its use over
the period of time and for the loss in value due to inflation over a period.
Also, what are the distinguishing features of the Islamic based finance or
lending.
A) The loan in Islam is a non-remunerative contract and requires only
return of the exact similar thing (which was given on loan) in same quantity.
Thus, lending money and charging a pre stipulated excess over and above
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the principal amount is not permissible, because it is "Riba"2 which is strictly

prohibited by the Holy Qur’ān. [Al-Baqarah 278-279].
It should be remembered that "Loan" in Shari'ah is not a mode of commercial
financing. It is merely an aid offered to the loanee, not meant for any profit.
As such, if one offers a loan to someone, it is just like keeping money in one’s
own treasury, in which case no one has to compensate him for the loss of its
value, similarly, a loan advanced to someone for providing help to him has the
same status, and the creditor cannot hold the loanee responsible for the loss
of its value.
It appears from the precepts of Shari'ah that the one who gives money to another
person for a certain period of time has first to decide whether he is giving it for
the purpose of helping him or, he wishes to have a share in the profit he earns
by using the money in a commercial transaction. In the first case, the Shari'ah
rules that he must treat it as a help only, and should not claim any profit over
and above it. However, in the second case, if he desires to have a share in the
commercial profit, he must also share in the loss of business if any. In that
case, it will not be a transaction of loan, rather it will be a transaction of profit
and loss sharing, which can be based on Shirkah or Mudārabah. But there is
no point in wishing to share only in profit and making oneself fully safe from
any risk and leaving the other party to bear all the burden of loss.
As for the Time Value of Money, Islam does not recognize it where cash is
being exchanged with cash. Therefore, the conventional concept about time
value of money in loan transactions is not accepted in Islam. However, Shari’ah
recognizes it to an extent when a commodity is sold for money to be paid at a
later date. In such cases the seller, while fixing its price, may take the time of
payment into consideration i.e., he may increase the price of the commodity3,
but the price will be the price of the commodity and not of the time allowed
for payment. That is why once the increased price is determined, it can neither
be further increased if the buyer fails to pay at the stipulated time, nor can it
be decreased unilaterally if the buyer pays earlier.
Even those who very forcefully argue in favor of indexation and the concept
of value of money in the transactions of loans, have never suggested that the
current accounts in the banks should be indexed and be based on value of money.
2 Ahkamul Qur'an – Jassas 189/2

3 Muṣṣannaf Ibn-e-Abī Shaibah 307/4 and Fathul Qadeer- Kamāl Ibn-ul-Humām 507/6
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Rather, the amounts deposited in Current Accounts, even in conventional

banks, are claimable only at par value. No account holder can have a claim
over the bank to compensate the loss in the value of its current account. (For
more details, please see my Arabic book "Discussions on Contemporary
Juristic Issues" [ ‫ ]بحوث في قضايا فقهية معاصرة‬Vol1, Page 166 to 185)
Contrary to conventional financing, especially conventional banking which
is wholly based on lending and borrowing and charging and paying interest,
Islamic finance is based on assets, and not on money for money with
interest. Instead, it works under Islamic Modes, such as partnership, trading,
manufacturing, agency and rental based contracts and arrangements. For more
details of these modes and distinguished features please see my book "An
Introduction to Islamic Finance".
15.3.2 Structure of interest-free Banking

Q) If banking is based on interest-free transactions, what would be its basic
practical shape in conformity with the Injunctions of Islam.
A) Practically, the interest-free banking system can be structured on
tripartite arrangement, between depositors, banks and borrowers. The nature
of arrangement will vary in different cases as summarised below:
Banks and Depositors:
Depositors can be two kinds, Current Account and Saving Account holders. In
the Current Account, the depositors want the bank to protect their savings for
a short-time. The bank can accept such deposit (money) on Qarz basis. The
bank will be bound to repay these funds when demanded by the depositors. In
the Saving Account, the people want to invest their saving through banks. The
bank can accept such deposits on the basis of Mushaarakah or Mudaarabah. For
this purpose, the bank draws up contracts specifying the conditions regarding
the mode of investment, distribution of profit/loss of investment, etc. such
contracts become enforceable when both parties agree to it.
Banks and the borrowers/investors:
Following situations can arise here:
1) Consumption loans: Bank will extend interest-free loans for genuine
consumption purposes.
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2) Borrowing for Investment: The banks will enter into Mudaarabah and
Mushaarakah agreements with the borrowers of the fund for investment
purposes. The agreement will specify the proportions according to
which profits/loss will be shared between the investor and the bank.
After charging the administrative expenses, the bank will distribute the
profits among the shareholders and depositors according to the terms of
agreement.
15.3.3 Incentives for savings in an interest-free economy

Q) If interest is fully abolished, what would be the inducements in an Islamic
Economic System to provide incentives for saving and for economizing the
use of capital.
A) It is very well recognized that interest is not the primary or otherwise an
important factor for the saving. The overall savings in the economy primarily
depend upon the level of income. Some of the basic motivating factors for
saving are:
- meeting future exigencies,
- providing for old age, and,
- bequests.
Since these factors will remain even after the elimination of interest, therefore,
it is most likely that the overall rate or level of saving will not be affected
significantly (after the abolition of Riba from the economy).
Muslim economists have suggested a wide range of saving instruments
which will be available to the potential savers in an interest-free economy.
These instruments vary in terms of liquidity, risks and returns so as to match
preferences of the savers.
15.3.4 Alternative banking instruments for carrying on trade
Q) What would be the alternatives in the context of present-day economic
conditions to carry on domestic and foreign trade efficiently without availing
of Banking facilities based on interest.
A) The scholars of Islam have suggested a number of financial instruments
to facilitate internal and external trade. The most preferred are based on
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the principles of profit-loss sharing, like Mudaarabah and Musharkah

arrangements. The other less preferred are: bai Muajjal, Ijara, Ijara wa iqtina
and Bai-salam. They are defined as below:
Bai Muajjal (Cost plus trade financing): The bank enters into an agreement
with his client to purchase merchandise for the client and then the bank sells
them to the client on the basis cost plus agreed profit margin, repayable in
installments over a specified period.
Ijara (Lease or hire): The Bank acquires machinery / equipment / building
etc. for his client and charges a certain rental for their use.
Ijara wa Iqtina (Hire-Purchase): The Bank purchases equipment, and the
client uses them under a contract of Ijarah (Lease). After the expiry of the term
of Ijarah, the bank either sells it to the client at an agreed price, or if he has
already recovered its cost and a proportion of the profit, the bank can give the
equipment to him as a gift.
Ba’i Salam: The Bank enters into an agreement with the client for advance
purchase of merchandise and makes the payment of the agreed amount at the
time of agreement.
It is important to note that above mentioned techniques are less than desired,
because of their resemblance to the interest. Therefore, minimum use of these
techniques should be made in Islamic banking.
15.3.5 PLS (profit & loss) Bank Account

Q) I have an account which is PLS type, but I only use the account to receive
my salary. On 3rd of every month, I receive the pay and at earliest possible
I draw maximum cash I could draw using my ATM card. (Bare min. Cash
withdrawal is Rs. 100).
I had to enquire whether using PLS account this way is correct or not. Secondly
is it ok to use ATM card. Please guide me in the light of the Holy Qur'an and
Sunnah.
A) The PLS account at the moment is not compatible with Shari'ah because
the amounts deposited in this account are used for interest-bearing transactions
and income derived therefrom is paid to the account holders as profit. Therefore,
you should keep your money in a current account and if for some reason you
cannot do so the money distributed as profit must be donated to a charity.
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Since the profits are distributed on these accounts on daily product basis a
small amount of interest may be credited to this account even in your case.
Therefore, a calculation of the principal and the profit must be maintained and
the whole of profits must be given to charity.
15.3.6 Is PLS (profit & loss) account permissible

Q) Mufti Sahib, is the order of an Islamic government binding on us. For
example, when ‘Eid comes, the government announces the sighting of the
moon and we celebrate the next day as our ‘Eid. This is an order of the Islamic
government which we obey. Then, we have the order by which we were given
the option of opening Profit and Loss Accounts in the banks of the country.
Obviously, this action was supposed to eliminate interest. If I put my money in
the bank, get whatever profit or loss it gives to me and use it, would it not be
permissible for me because I am simply following the order of the government
of a Muslim country.
A) To obey the order of the ruler is necessary, but this has one limitation. To
obey each and every order is not necessary. The rule is: There is no obedience
to the created while one has to disobey the Creator. If the ruler gives an order
which is against the order given by Allah, the order of that ruler will not be
obeyed. In this particular instance you have cited, there is no order as such.
This is just a facility provided for you. You may or may not use it. This is no
law. Nobody has said that you must open a PLS Account, the contravention of
which will be punishable by law.
15.3.7 Opening an account in a conventional bank

Q) I want to put some money in a bank in a current account (which is interest-
free account) in order to save some money. I want to know that as we have
interest-based banking system in our area, Chitral, and all over Pakistan, so
in such a situation, whether it is an Islamic or un-Islamic act to open a current
account in bank.
A) If someone cannot safely keep his money at home, he is allowed to open
a current account though in an interest-based conventional bank.
Q) When trading through the Australian Stock Exchange, each transaction
attracts a fee of A$34 (I may buy and sell 3 to 4 times a week, so each cycle
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of buying and selling costs A$64, so over the year it will be quite a sum of
money). If, however, I open a preferred trader bank account, then that fee falls
to A$16. Then problem is that this bank account will pay me interest. I do not
want the interest, all I want is to reduce the costs associated with trading on the
share market. Please tell me what I should do. Should I open the account and
donate the interest at the end of the year, or leave the interest in the account,
or not open the account at all. Please advise me what is permissible, and what
is preferred.
A) In the situation mentioned by you in your question, you can open an
account with an intention that the amount of interest, if any shall be donated to
a charity. It is not permissible for you to use that amount for your own benefit
in any way. But in the particular circumstances you have referred to in your
letter you may be forgiven by Allah Subhanahu Ta’ala for opening interest-
bearing account.
Please note that most transactions in Stock Exchange at the moment are not
compliant with Shari'ah. Therefore, you must restrict your trade to permissible
transactions only. I have a small Urdu book on the Shari'ah issues in trading
stocks. You may consult it.
15.3.8 Islamic transaction with a conventional bank

Q) Can we do Islamic transaction with a conventional Bank.
A) It is not impermissible to effect Shari’ah-compliant transactions with
a conventional bank, and use funds disbursed by the bank under such
transactions, because the Shari’ah- recognized presumption is that such
funds are from the Halal portion of the bank’s comingled funds, comprising
its initial capital, deposits and its earnings against permissible services like
opening non-interest-based LCs, safekeeping lockers and permissible money-
transfers. (See: Fiqhul Buyu, para 505).
However, it is necessary to ensure that all the Shari'ah requirements are
properly met in terms of documentation and implementation. The customer
may require a proper person ensuring all Shari'ah requirements are met.
Q) Can a Muslim purchase a car from a non-Islamic bank in a non-Islamic
country on a Murabaha basis even though this bank will use ‘Haram’ money
(raised and / or earned primarily in the conduct of its interest-earning activity
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which amounts to more than 51% of its business activities carried on by it in

this non-Islamic country) to buy the car from the motor dealer.
We have reviewed Mufti Taqi Usmani’s book on Contemporary Fatawaa and
it indirectly states that such a transaction could be possible but we would like
a specific ruling/viewpoint relating to this situation in particular.
A) Even a conventional interest-based bank cannot be presumed to have
all its balance derived from Haram sources because the capital of the bank
as well as the deposits will be presumed not to be Haram according to the
principles of Shari'ah. Obviously, the majority of the balance lying with a
bank consists of these two heads, therefore, a Halal transaction of sale and
purchase is permissible even with a conventional interest-based bank. Hence,
if a Murabaha transaction is carried out with such a Bank fully observing the
requirements of Shari'ah with regard to the Murabaha transaction, the item
purchased through this arrangement will be Halal for a Muslim consumer.
15.3.9 How to switch over to Islamic financing

Q) We are one of the pharmaceutical companies and we obtained long-term
loan.
From the day of disbursement till today we have been paying our installments
regularly. Now when, by the Grace of Allah we have streamlined our project
and everything is going on quite smoothly but we feel guilt that all of our
business is dependent on financing from the institution that is interest-based.
Though a semi-Government financial institution extended the said financing
by declaring it an Islamic type of financing and we had to opt under the
given circumstances. But as the proper Islamic Banking is started under the
supervision of religious scholars board and awareness regarding Islamic
financing became more vivid, we are under the impression that our contract
with the financial institution is so-called Islamic. Their operational mechanism
verified the same impression. From the day one our desire was to obtain
financial assistance from some Islamic bank but at that time the concept of
Sharjah based financing was not very much popular and practical and we had
to go for the only available option of the said banking in order to materialize
the project. Islamic banks appeared on the scene as active players over a year
ago and we are in continuous search of understanding various Islamic modes
of financing.
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We, at this point in time desire to switch over to Shari'ah Islamic Financing
from such institution that is being monitored by some religious boards
comprised of Shari'ah scholars.
In this regard we request you to please guide us how best we could switch over
to Islamic Financing. Either we should ask some Islamic financial institution
for swap-off i.e., take over our assets direct from the financial institution and
pay them the outstanding liabilities or some way otherwise.
A) I was pleased to know that you wish to relieve yourself from the burden
of interest-based financing and switch over to Islamic modes.
The only way to get rid of the present interest-based finance is that you sell
some of your assets/ equipments to an Islamic bank and set off the existing
loans with the sale proceeds, and then you can take the same assets on lease
from the bank based on Islamic principles of Ijara. Although we do not prefer
the mode of sale and lease back in normal course of financing, however,
the same may be tolerated in a case of conversion and switch over from the
interest-based financing to an Islamic mode. For this purpose you can contact
any Islamic bank.
15.4 Banking transactions & Shari'ah compliant solution
15.4.1 Murabaha transaction by a financing company

Q) The Finance Company is approached by clients for purchasing Machinery,
Cars, and Equipment etc on credit. Can it purchase these and other items
by cash or credit and then sell them at either 20%, 30% or 40% profit in
conformity to payment periods and mutual agreement. Is the above form of
contracts permissible or not. The above stated percentages of profit are to be
paid in cash by the client while the balance is paid over agreed terms.
A) The proposed transaction is called Murabaha and it can be permissible in
Shari'ah subject to the following conditions:
1) The machinery or equipment etc should first come into ownership
and possession of the Finance Company and should remain in its risk
for a certain period, then it should be sold to the client. It will not be
permissible to give the client the amount of purchasing price by which he
himself purchases the equipment for himself and it is presumed that the
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Financial Company has sold it to the client.

2) The price on which the commodity will be sold to the client as well
as the period of payment should be fixed without any ambiguity.
3) Once the price is fixed it will not be changed due to any delay in the
payment by the client.
15.4.2 Murabaha based on variable benchmark

Q) An Islamic Bank entered into a Murabaha agreement with a client where
it is stipulated that the compensation will be arrived at by using a profit rate of
4% plus a reference rate based on LIBOR.
Subsequently, the Murabaha agreement was replaced with an Exchange in
Satisfaction and user agreement where it is stipulated that compensation
would be profit rate of 4% plus US$ deposit rate as advertised by Bloomberg.
The clause relating to governing law states that the agreement is subject to the
glorious Shari'ah and to the laws of England and Wales.
The client defaulted on payments and the bank has sued them in the English
courts. Can you please advise whether a Murabaha agreement or, for that
matter, any agreement which has stipulations to variable or fixed interest rates
linked to internationally accepted interest rate references is in violation of the
Glorious Shari'ah.
A) You have asked me about a Murabaha that was based on a variable
international benchmark. It should be clearly understood that a single
Murabaha transaction cannot be effected at a variable rate. However, a
benchmark can be specified where a number of Murabaha transactions are
intended to be affected in future and it may be agreed upon between the parties
that Murabaha transaction will be based on a certain benchmark. Therefore,
once a Murabaha transaction is signed the price must be known in lump sum
and it cannot be changed in any case. Therefore, in the case mentioned in your
fax the way of pricing was not in line with Shari'ah.
15.4.3 Penal provision for default in a Murabaha Contract

Q) I observe that certain banks operating in Saudi Arabia have incorporated
clauses in their Murabaha agreement that in the event of default of payment,
the customer will be blacklisted and his name circulated to all other banks
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operating in Saudi Arabia. In accordance with the blacklisting rules the names
will appear in the blacklist for a certain period of time even if the customer
arranges settlement at a later date. I feel that this will impose an unnecessary
burden on the customers even though they agree to the inclusion of the clause
in the Murabaha agreement at the time of the execution. It is said the terms and
conditions should be just and fair relating to transactions under the Shari'ah. I
would like to know whether such conditions imposed in Murabaha agreement
is permissible under the Shari'ah.
A) Reference your email message dated 7th Sept. 2000. The problem of
default in Islamic banks has become very serious. In the interest-based loan
system if the debtor defaults the interest keeps on increasing automatically
which serves as a deterrent against default. But in the case of Islamic banks no
extra charge can be imposed after the due date. It is, therefore, suggested by
some circles that the defaulters should be blacklisted so that the apprehension
of being blacklisted may serve as a deterrent against willful default. This is an
arrangement made on the basis of expedience which is not impermissible in
Shari'ah. Even if this arrangement is not expressly mentioned in the agreement
of Murabaha the government may act according to it. However, this should
be done only in cases of willful defaults, but if the debtor has faced a genuine
hardship because of which he could not pay on time he must be given respite as
expressly mentioned by the Holy Qur'an. Moreover, this penalization should
not be exercised in cases where the debtor has paid shortly after the due date.
It is therefore advisable that blacklisting is resorted after a considerable time
subsequent to the due date so that it may be ascertained whether it was willful
and without a genuine reason.
15.4.4 Variable rate on Islamic loan

Q) Is it allowed to charge variable rate on Murabaha and Istisna.
A) It is not permissible to stipulate a variable profit rate in any sale-based
finance transaction, including Murabaha and Istisna. In financing Ijarah, it is
permissible to agree that the rental of a subsequent period will be renegotiated
before that period begins; or that the rental of a subsequent period will be set
against a benchmark in which there is no unreasonable fluctuation, provided a
floor and ceiling is agreed for the extent of fluctuation.
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15.4.5 Loan on Musharakah basis

Q) 1) Can the Finance Company take loans from an Insurance Company.
2) Can the company take loans from any other Company or private
person owning money.
3) These creditors are given commission / part profit of the partnership
contract. Is this permissible.
A) The Finance Company can take a loan from any individual or Institution,
but it should be free of any interest charged thereon. If the commission to be
given on a loan is fixed in relation to the principal amount, it will be interest
no matter whether it is charged under the name of interest or under the name of
commission, but if money is given on the condition that any profit accruing on
that amount after investing it in a Commercial Enterprise shall be distributed
between the Financier and the client, it will be partnership or Musharakah
agreement which is permissible in Shari'ah.
15.4.6 Purchasing assets through a bank
Q) What is the Islamic ruling on the purchase of residential houses, cars and
other home furnishings through Banks and Financial Institutions. The position
is that such institutions provide loan by putting these things under mortgage
and on this loan they charge interest at fixed rates. An alternate to this situation
is that such things be acquired on monthly rental basis. But, this monthly rent
generally exceeds the installments charged by Banks as pointed out in the first
case.
A) The transaction mentioned above, being based on interest, is impermissible
and unlawful. However, Muslims should make efforts to adopt other
permissible methods in accordance with the Shari’ah of Islam as opposed to
this interest-based transaction. For example, the Bank could itself sell things
pointed out in the question on installments. In other words, the Bank should
first buy from the original seller, add an appropriate profit, then sell it onwards
to the customer, and then realize its total price in installments (Murabaha).
15.4.7 Decreasing partnership and house financing

Q) The bank would purchase the land or property from the vendor and sell it
to the would be buyer on an installment basis. Each installment would act as
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an increasing participation by the tenant in the property until such time as all
the installments have been paid. At that time the tenant would contractually
be given ownership of the property. The bank would profit from the sale of
the land or property together with an arrangement fee part of which would be
rebateable conditional on the buyer making the installment of the purchase in
accordance with the terms of the contract.
Family security (Aman al-Osra) would form an integral part of this product
possibly on the basis of a group policy with collective participation. This
facility may also be used for the construction of new houses.
We have submitted that the type of product we have described affords a strong
social benefit to elements of society and at the same time is consistent with the
provisions of Islam. How does it seem to you.
For the bank to be able to undertake such a scheme it must obtain special
dispensation from the central bank.
A) At first place you have asked for the instrument of decreasing partnership
and its use in house financing. Generally speaking the concept of decreasing
partnership is acceptable in Shari’ah subject to certain conditions. The general
framework of this arrangement should be on the following lines:
The land or property should be purchased jointly by the financier and the
ultimate beneficiary who may contribute to its price on whatever minimum
ratio. For example, he can contribute 10 per cent of the price. The rest of 90
per cent shall be contributed by the financier and the property will be owned
jointly by the two parties, then the property should be divided into different
units e.g. each unit may be 5 per cent or 10 per cent of the whole property.
The ultimate beneficiary may use the 90 per cent of the property owned by the
financier for a specific rent charged by him. At the same time the beneficiary
can purchase the units owned by the financier gradually within the agreed
period. Whenever the beneficiary purchases a unit from the financier, the
rent is reduced to that extent. For example, if he has purchased 5 units, the
ownership of the financier will be reduced to 85 per cent and he will pay a rent
for this 85 per cent units only and so on. In this way the ultimate beneficiary
will be purchasing the units owned by the financier gradually until all the units
are purchased and owned by him, and the whole property becomes exclusively
owned by the ultimate beneficiary.
This arrangement is allowed in Shari’ah and can be usefully utilised not in
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house financing only, but also in financing to acquire any other fixed assets or
vehicles.
If you wish to know the details of this arrangement, as well as the Shari’ah
justification of such an instrument, you can consult my Arabic Book:
"Discussions on Contemporary Juristic Issues" in which I have dealt with this
instrument in detail.4
15.4.8 Sale on installment v/s buying house with loan

Q) "The Fiqh Academy has also allowed installment sales. Does this mean
that I can now buy a house in UK or USA on installments bearing in mind that
each installment includes repayment of "principal" and "interest".
A) Sale on installment should never be confused with a transaction of
interest-bearing loan. In a sale transaction subject matter of contract is a
commodity which should necessarily be owned by the seller at the time of sale
and should be in his possession. But in the case of loan the subject matter of the
transaction is money which is advanced to the borrower. The house financing
schemes generally practiced in the Western countries are based purely on
interest. The banks advance money for the purchase of the house and charge
interest on it. The house is mortgaged as a security for the repayment of loan.
This transaction has nothing to do with a transaction of sale on installments.
The house is never purchased by the bank, nor does the bank sell the house to
the customer. The customer purchases the house from a third party and owes
its price to him. The bank comes in only to finance the buyer on the basis
of interest. Therefore, this transaction is a Riba transaction which is strictly
forbidden and cannot be justified on the presumption that it is a transaction of
sale on installments.
However, if the seller himself sells the house on installments and charges a
4 House financing encompasses three separate contracts:

(a) the contract of joint ownership of the property between the financier and the ultimate beneficiary
in pre-agreed proportions;
(b) the contract of lease in terms of which the financier leases its proportionate undivided share in the
property to its co-owner (the ultimate beneficiary) at an agreed rental;
(c) the contract of sale in terms of which the one co-owner (the ultimate beneficiary) purchases fixed
shares of the other co-owner (the financier) over a period of time on agreed terms. Each of these
contracts, per se, are valid in Shari’ah by consensus of jurists. But each contract must be concluded
separately at the relevant time, to avoid the one being conditional upon the conclusion of the other.
(EDITOR)
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price higher than the cash price, or the bank itself purchases the house from the
seller, and after having its ownership and possession resells it at a higher price
to the customer on installments, the transaction may be valid in Shari'ah, if the
necessary conditions of sale are fully observed as mentioned in the resolution
of the Fiqh Academy. But the transaction generally in vogue in the Western
countries is not based on the concept of sale. It is an interest transaction pure
and simple, and a Muslim is not allowed to enter into such transactions.
It is thus clear that your understanding of the resolution of the Fiqh Academy
is not correct.
15.4.9 Buying a house with Islamic finance

Q) Are you still advising Guidance Financials in USA. Can one consider
agreement for buying a house, with them still a Halal and valid contract.
A) Yes, one can buy a house with their help.
15.4.10 Profit on property bought on interest-based mortgage
Q) Kindly guide me in the following problem according to the Qur'an and
Sunnah: Last year I got a mortgage from the Bank of Scotland without paying
the price of the apartment. The monthly installment fixed by the bank was
£450, which I paid for two months. Thereafter I lost my job because of my
illness and was unable to make any payment to the Bank.
During this period the price of the flat has risen. Now the bank has taken the
possession of this flat and they are now selling it for the current price. I am
expecting some money from the bank out of the increased price of the flat.
Now I do not know if this amount is Halal for me or not. Some people say it
is permissible for me while some others say it is Haram. I was advised to take
guidance from you.
A) Although taking loan on the basis of interest is a serious sin for which
you should deeply repent, yet once the loan is taken and anything bought
with that loan amount is not Haram. Therefore, the flat you have purchased
through loan has come into your ownership. Now if the bank is selling the flat
to recover its dues, any amount that remains after payment of the dues of the
bank is yours and you can benefit from it because it is a part of the price of the
flat you owned.
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15.4.11 Credit line from a conventional bank on interest-basis

Q) Is it permissible to take credit line from bank to expand business. Credit
line does not have a fixed interest rate, it varies every day based on how much
is used from this credit line and what is the interest rate of that day e.g. if I get
credit line of $50,000 and I use $1500 today, I will pay interest on only $1500
(not on $50,000). We have to take some kind of financial backing to expand
business in this society so Muslims will have a stable and strong society and
to increase the job availability for our Muslim generations to come.
A) It is not permissible to take credit line from a conventional bank on the
basis of interest even though the interest is charged on the amount used and
not on the amount approved.
15.4.12 Is it Interest or profit on loan with two separate agreements

Q) On behalf of the concerned membership of the Indian Muslim Welfare
Society (IMWS) of Batley, I would like to request your informed and evidence-
based reply to the following situation:
Previously the IMWS had purchased a Community Centre Hall by collecting
funds from Muslims (£25 donated by Shaikhul Hadith Hadhrat Zakaria
rahimahullah). This waqf property was to be used by Muslims for their
welfare needs. Later this Centre property was sold for £75,000, which was
used to purchase a very large multi-purpose Al-Hikmah Centre, for which
local, central and EEC Government grants were received, totaling over
£1,500,000.
To complete the project the Society had to take a loan of £150,000. This
capital has to be repaid in quarterly installments of £10,750 over 14 months,
to tailing £149,250 and a 50% share of the Centre’s income totaling £21,600
over four years. This latter sum is regarded by the Executives to be profit and
not interest, though in our understanding it seems just a change of wording to
hide the interest element.
My questions are as follows:
1) Is this extra sum of £21,600 to be regarded as interest.
2) If it is interest, are Executive Committee Members and Trustees
sinful in contracting so.
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3) Are members of the community who pay annual fee of £5 become

sinful by aiding the Executives in this action.
A) I received your fax regarding the loan borrowed by your Society. I have
gone through the enclosed page of the contract through which the loan has been
advanced. In its present form this contract is not in accordance with Shari'ah
and the amount of £21,600 is tantamount to interest. Even if it is presumed
that the contract contemplates two different transactions: One of loan for the
amount of £149,250 and the other for a partnership in the business of the
community Center whereby £750 is contributed by the financier for which he
claims a 50% share in the profits of the Center, it will not be in accordance with
the recognized principles of Musharakah because the amount of £750 cannot
deserve 50% of the profit while the financer does not work for the partnership,
and the amount contributed by the loanee is far more than 50%.
15.4.13 Interest-based student loan

Q) I live in England and at present I am studying law at university. Is it
permissible to apply and use the ‘student loan’ which has the interest rate as
the same rate as the rate of inflation.
A) The student loan being interest-based-is not allowed in Shari'ah.
15.4.14 Granting loans without interest - Qarz-e-Hasan

Q) What alternatives can be suggested for the banks in case they grant loans
without interest for various requirements.
A) The Islamic Banks will finance viable investment/production projects on
the basis of Mushaarakah and or Mudaarabah. As for the financing of genuine
consumption needs on the basis of Qarz-e-Hasan is concerned, the following
considerations will have to be kept in view:
1) The amount of loan cannot exceed reasonable limits.
2) Income accruing from the collateral security like land or house will
be deducted from the amount of loan.
3) If the debtor is unable to pay back the loan or he dies and there is no
known way to repay his loan, then Bait-ul-Mal will make payment of the
loan to the Bank.
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Q) Would it be lawful under Islamic law to differentiate between business

loans on which interest may be charged and consumption loans which should
be free of interest.
A) The business activity will be financed through legitimate means, like
Mudarbah and Musharkah and also some of the other instruments outlined
in the answer to question. The consumption loan will be available as Qarz-e-
Hasana through Islamic banking system.
15.4.15 Charging higher price to compensate for interest-free loan

Q) We are interested in buying a quantity of Gold from a conventional bank.
Since we cannot buy Gold on credit, is it permissible for them to give us an
interest free loan and charge a higher price for the Gold. The collateral for the
loan would be that the Gold would remain in the vaults of the bank itself.
A) It is not permissible to give an interest-free loan and charge a higher price
for the Gold.
15.4.16 Loan amount and effect of devaluation & inflation
Q) Does devaluation of the currency affect the payment of loans taken before
such devaluation.
A) The question is two dimensional. The first relates to the effect of
devaluation on the internal loans. In such loans, the same amount of loan will
be repayable as before the devaluation. In this case, Imam Isbijabi reports the
consensus of Fuqahah on the point that, if there is any change in the value
of currency, then the same amount of currency units will be repaid as were
loaned.5
As far as the payment of the external loans is concerned, the devaluation will
involve extra payment proportional to the rate of devaluation on such loans.
Q) In Zimbabwe the currency devaluation is so rapid that money loses
value literally by the minute. The price of basic commodities changes even
whilst one is shopping. Under these circumstances, how is the issue of loan
repayment to be calculated. If loan is taken, will it still be considered as Riba
bearing in mind the abnormal economic climate there. If it is regarded as Riba
and is thus impermissible, the creditor is at a square loss.
5 Ibn-e-Aabidan, " Rasail" V.2, p62
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A) The creditor in such a situation should lend gold or a hard currency to

receive back the same amount of gold or currency.
Q) Can inflation causing rise in the cost/value of gold and consumer goods
in terms of currency have any effect on the sum borrowed.
A) The answer here is essentially related to the above answer. A given
sum borrowed before inflation will be repaid in the same amount, after the
inflation. The inflation tends to reduce the real burden of the loan. From this
angle, it tends to favour the borrower against the lender. To protect the lender,
the indexation of loan is not allowed because the indexation while protecting
lender, hurts the borrowers.
Real answer to the problem of inflation is the introduction of the Islamic
Economic System in totality. An important feature of this system in the
monetary sector is prevalence of a relatively constant value of money.
15.4.17 Fees on bank guarantees

Q) 1) Banks charge a commission for providing a Guarantee to clients
purchasing goods etc. Can such a commission be added to the costs of
the client.
2) Can the Finance Company charge a commission for providing a
Guarantee for goods purchased by its client.
A) Any fee charged on a Guarantee is not permissible in Shari'ah. Therefore,
any amount paid as a fee for a Guarantee cannot be added to the cost of the
Commodity in a transaction of Murabaha.
15.4.18 The arrangements of Consumer Credit Scheme

Q) 1) It is becoming common for Muslim retail businessmen in South
Africa to enter into the so-called consumer credit scheme. The retailer
concerned concludes a written agreement with a third party Company
("the Company’). A copy of the specimen agreement is enclosed herewith.
In terms of the scheme:
a) the customer wishes to purchase such goods on credit over 6
months;
b) the customer is informed that the Company may sell him such
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goods on credit and, for that purpose, the customer fills in a prescribed
application containing details relating to his credit-worthiness;
c) that application form is immediately faxed by the retailer to the
Company for approval;
d) the Company responds very shortly thereafter (within half
hour);
e) if the Company approves such application, it authorises the
retailer to supply the goods so selected to the customer on credit;
f) the customer then signs an agreement in the form prescribed by
the Company in terms of which he undertakes to pay the Company
for the price of such good in 6 monthly installments plus agreed
interest. The installments may be paid directly to the Company or
to the retailer concerned who as the agent of the Company pays the
money so collected directly to the Company.
g) the goods so selected are then handed over to the customer
and the relevant completed documentation is then delivered to the
Company;
h) the Company thereafter within a week or the agreed time period
pays the retailer the invoiced price of the goods less the agreed
discount as set out in the specimen agreement between the Company
and the retailer which is binding in law. The agreed discount presently
is 17 ½ %.
It is apparent from the scheme that two separate contracts are
concluded, namely:
i) a contract of sale between the retailer and the Company
in terms of which the Company purchases the goods selected
by the customer at an agreed price (invoice price less discount)
which is paid effectively in cash;
ii) a contract of sale between the Company and the customer in
terms of which the Company resells such goods to the customer
at the invoice price plus interest in 6 monthly installments.
In the conclusion of both contracts, the retailer acts as an agent and
a principal. The retailer acts as a principal in concluding his separate
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contract of sale with the Company in terms of the overriding specimen

agreement which governs his relationship with the Company; and he
acts as an agent in delivering the goods selected by the customer
who is liable to the Company only for the agreed price plus interest
which is payable in 6 monthly installments as aforesaid.
In the result; the retailer benefits in that:
a) he does not have to carry the financial risk of granting credit to the
ordinary consumer;
b) he makes a profit although at a lower margin:
c) he does not have to borrow money on overdraft to fund the granting
of credit.
The Company which is wholly non-Muslim and financially sound, benefits by
making a profit in terms of its instalment sale with the customer concerned.
The scheme appears to be an application of the Murabaha principles and your
considered fatwa is urgently appreciated by the Jamiatul Ulema, Natal.
A) I carefully studied the question concerning the consumer credit card
and the annexed documents. The question you have formed does not reflect
the correct position as emerges from the agreement forms annexed to the
question. A careful study of the agreement forms reveals that this transaction
is totally different from the Murabaha transactions of the Islamic banks. In
case of Murabaha, the financier purchases a commodity, and after having
its constructive or physical possession, sells it to his customer on deferred
payment basis.
On the contrary, the "Company" in the case of consumer credit card, does not
purchase the commodity. It simply gives a loan to the customer / consumer on
interest, but instead of giving the loan to the customer himself, it settles the
invoice value of the commodities purchased by him from the merchant / the
retailer. In other words, the company pays to the merchant the price owed by
the customer / consumer. This is clear from the very first sentence found in the
"merchant agreement" form which reads as follows:
"Consumer Credit corporation ltd. (CCC) undertakes to provide finance to the
merchant’s customers and settle the Merchant’s invoice value less the discount
due to CCC directly to the Merchant."
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Thus the relationship between the Company and the customer / consumer is
one of creditor and borrower. There is no sale affected between them. That is
why the customer has been named a "borrower" in form I side B, which is a
form of agreement between the company and the customer. It is then evident
from both of the forms that the company advances a loan to the customer and
charges interest thereon (see clause 5 of form I side B). However, the company
has made the retailer liable for collecting the installments of repayment from
the customer and for paying the same to the company within twenty four hours.
The retailer has also been made liable for interest if he delays in payment
after receiving the amount from the customer. But all these conditions do not
change the relationship of a borrower and lender between the company and
the customer.
As for the relationship between the Company and the merchant, it is a complex
relationship according to the agreement which includes the relationship of
agency, indemnity and, in certain situations, of money lending on the basis of
fixed interest. Such a complex relationship is totally against the parameters of
Shari'ah. Moreover, the provision of interest in case of late payment renders
the whole transaction invalid according to Shari'ah.
Therefore, the scheme of the consumer credit card, as envisaged in the annexed
agreement forms is undoubtedly an interest-bearing scheme which cannot be
held as valid according to Shari'ah, nor can it be validated on the analogy of
the Murabaha transaction, because there are a number of basic differences
between the two transaction. So, I have no doubt in my mind that it is not
permissible in Shari'ah to become a party to this transaction.
This "Consumer Credit card" is substantially different from the general credit
cards issued by several companies like American Express, visa etc, where no
interest is charged by the company from the card - holder. So, the "Consumer
Credit card" in question should not be confused with the general credit cards
issued by American Express etc. which can be permissible subject to certain
conditions.
Follow up question:
Q) I received your answer to the question on the consumer credit scheme for
which I thank you. I have, as a humble student, reservations on the correctness
of your conclusion. I would be obliged if you would urgently respond to the
following:
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1) It is correct that on the basis of written documentation the relationship

between the company and the customer is shown as one of the lender and
borrower. The amount of the loan which is inserted by the merchant on
the "Acceptance note" (Form 2), designated as the "invoice amount" is the
price of the goods. If, for example, a customer purchases goods for R100
then the amount of the loan purportedly advanced by the company to him
is reflected as R100 which is paid in 6 monthly installments together with
interest thereon at the present rate of 9.5%. In fact, the amount lent is not
the price of the goods (R100) but the price less the agreed discount of
20% to the merchant (R80). If the transaction between the Company and
the customer was one of pure loan, then the principal amount of the loan
should equal the actual payment by the Company to the merchant and not
the price of the goods. On your view, the difference between the price of
the goods and the actual amount paid to the merchant (R100 less R80)
must be ascribed to additional interest but this does not accord with the
terms of the written documentation on which your opinion is based.
Furthermore, in some cases, the customer as "the borrower" is required to
pay a deposit of 30% to the Company upon conclusion of the transaction
and this payment also is contrary to the essence of a pure loan transaction.
Hence, your statement that "the Company pays to the merchant the price
owed by the customer/consumer" is not strictly correct because what is
paid is the price less the agreed discount (presently 18%).
2) On the assumption that the transaction between the company and the
customer is a loan, that transaction is separate from the sale between the
merchant and the customer. On your view, the merchant has sold goods
to the customer at the marked selling price. The sale viewed separately
is valid according to Shari’ah and the principle does not appear to apply
here. The fact that as agent the merchant is obliged to pay interest in case
of default in accounting to the company does not affect the customer, (non-
Muslim), just as the payment of interest by the (non-Muslim) customer to
the company does not affect the merchant. In South Africa, in any event,
a debtor who fails to pay a debt timeously is automatically by law under
the prescribed Rate of Interest Act, 1975 obliged to pay interest thereon at
a rate prescribed by the minister in the official gazette from time to time.
3) As regards the agreement between the company and the merchant, you
are of the view that agreement amounts to a "complex relationship which
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is totally against the parameters of the Sheri’eh". The provision relating

to payment of interest in case of late payment operates as deterrent. In the
absence of such a provision, some merchants would deliberately use the
company’s money in their own business as working capital for periods of
time to the financial prejudice of the company. In any event, the company
will agree to delete that provision (clause
4) In the case of Muslim merchants, but the provisions of the prescribed
Rate of Interest Act, 1975 would in any event apply by operation of law.
Consideration should also be given to the question as to whether that
provision (clause 4) is void in itself and therefore severable from the rest
of the contract because it does not appear to be contrary to the essence of
the contract as to render the whole contract void.
Consideration should be given to the real nature of the transactions
concerned without placing undue emphasis on the literal wording of the
documents. On this view, the transactions are analogous to Murabaha
on the basis set out in the initial question, although not satisfying all
the requirements of Murabaha, such as possession. If, in the light of the
foregoing, then please give us your suggestions as to how to validate
the transactions concerned according to Shari'ah. The majority of black
people in South Africa, being the underprivileged, purchase their goods
in installments over 6 months. The overwhelming majority of Muslim
merchants do not have the financial resources to sell goods on credit over 6
months. The effect of your opinion would be that Muslim business, which
funds the religious and educational institutions of the community, would
be even further weakened, and Muslims would continue to be dominated
by white conglomerates. In an endeavor to avoid interest, some Muslim
merchants have agreed to grant the company a bigger discount (eg from
18% to 25%), so that the company in turn has agreed not to charge the
customer any interest.
Your statement that American Express does not charge interest in its cards is
incorrect. All companies throughout the world charge interest to cardholders
in case of late payment. Hence, applying the interest principle which appears
to be the basis of your FATWA, most transactions would be rendered null
and void causing great hardship to Muslims living particularly in non-Muslim
countries.
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A) After receiving your objections on my opinion about the Consumer Credit

Card scheme which appeared in Albalagh (Rajab 1412/Feb.1992), I reviewed
the matter and studied the scheme and the relevant documents once again
giving due consideration to the points raised by you. But, I am sorry to say, I
could not agree with your contentions.
Your basic argument is that the transaction involved in the Consumer Credit
Card is analogous to the agreement of Murabaha: You say that although the
words used in the documents are different, but we should treat the transaction
as a Murabaha sale, because:
"Consideration is given to the substance of the transaction and not its form"
It is true that the intention is more important in a contract than the words
used to express it, but the intention should be clearly established either by
the context of the agreement or through other external sources. Do you really
think that the Company (CCC) intends to purchase the commodity from the
Merchant and then sell it to the Customer. Is there any indication to prove
that the CCC wants to effect a purchase and sale. I think there cannot be two
opinions in that the CCC does not intend to purchase or sell any commodity. If
it is assumed that the CCC intends to purchase the commodity and sell it to the
customer, it will logically mean that the CCC will be liable to the warranties
attached to the commodity. If the customer finds a defect in the commodity,
he should lay his claim against the CCC. But neither of these consequences
can be said to have emerged out of the transaction under discussion. The CCC
never accepts itself to be the seller of the commodity nor does it accept any
one of the liabilities consequent to the contract of sale. Rather it is expressly
provided in clause 4 of the agreement of CCC with the customer that CCC
shall not be liable to any such claim.
Although this nature of the transaction is quite evident, yet, to be more certain,
one can ask the CCC whether they intend to purchase the commodity and sell
the same to the customer through the Merchant as their agent. I am sure they
will answer in negative.
The correct position therefore, is that:
1) The words used in the agreement clearly purport to affect a transaction
of interest-bearing loan.
2) There is not a slightest indication, neither in the agreement nor
anywhere else that the CCC intends to affect a transaction of sale.
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3) The CCC clearly denies that any sale has been affected by it.
How can we, in these circumstances, insert the concept of sale in the transaction
or inject an idea which is totally foreign to their actual intention. The principle of
‫ العبرۃ للمعانی‬does not mean to impose an arbitrary construction or interpretation
of a contract irrespective of the expression used and the objective intended.
What the principle actually means is that the literal meaning of the words used
in a contract may be dispensed with where there is a clear indication through
other sources that the real intention of the parties is different from what their
expression apparently purports. But before applying this principle, one should
establish the real intention of the parties concerned through evidence which is
more forceful than the words used in the agreement. It is obvious that no such
evidence exists here.
You have laid much emphasis on the discount the CCC charges from the
Merchant. You insist that this discount indicates that the CCC has purchased
the commodity from the Merchant on a discounted rate, then has sold it to the
customer for its full price on which the CCC charges interest. But, I am afraid,
this is not the intention of the parties. The discount is not charged by the CCC
because the CCC has purchased the commodity. Rather this discount may be
interpreted in two different ways:
1) This is a discount analogous to the discount normally charged by a
bank while accepting a bill of exchange. However, it is an extra-ordinary
situation where the CCC charges interest from two different persons for
the same amount of money and the same period of time, because it charges
discount from the Merchant and at the same time it charges interest from
the Customer.
2) There may be another interpretation of this discount. It is possible
that it is similar to the commission normally charged by the brokers from
the merchants. This brokerage may be justified on the ground that the
facility provided by the CCC to the card-holders attracts them to those
merchants only who accept such cards. In this way the CCC works for
increasing the number of customers dealing with the Merchant, and thus
claims a discount / commission from him.
In my humble view, no other interpretation can be ascribed to this discount, and
I am sure that no court would interpret it to mean that the CCC has purchased
the commodity on a discounted rate.
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There is another reason for not treating this transaction a Murabaha. The
agreements clearly prove that they are not restricted to the purchase of goods
only. They are used for the services rendered by the Merchants as well. How
can a Murabaha work in the case of services.
Now, there are three parties involved in this transaction:
1) The CCC (the company who issues the card)
2) The Customer (the person who holds the card)
3) The Merchant (who accepts the card and sells the goods and services
to the customer)
As for the relationship between the CCC and the customer, it is clearly a
relationship of borrowing on the basis of interest. Hence, it is not allowed for
a Muslim to become a party to this relationship.
But the case of the third party i.e. the Merchant is different. When a Merchant
accepts this card, it means that he has accepted the hawalah (transfer) of the
debt of his customer which the customer has owed to him by virtue of the
sale concluded between them. The price of the goods will now be paid to
him by the CCC. There is no violence of any principle of Shari'ah so far. The
discount allowed by him to the CCC can also be treated as a commission to
the broker, as explained earlier. Therefore, the discount can also be justified
on this ground, just as it has been justified in the case of ordinary credit-
cards issued by the American Express etc. But the problem arises when the
merchant agrees to become an agent of the CCC for the collection of all the
amounts owed by the customer to the CCC, including the amount of interest.
It is established in Shari'ah that agency in a transaction of interest is also not
allowed. This is the sole reason, in my humble opinion, for which it does
not seem permissible for a Muslim Merchant to sign this agreement with the
CCC. However, if the Muslim merchants can avoid the element of agency
through a special arrangement with the CCC, it seems to be lawful for them to
accept such cards, and to sell the commodities to such card-holders, because
the Merchant is not a party to the agreement between the card-holder and the
CCC.
You have also asked as to what measures can be adopted in order to bring this
transaction within the parameters of Shari'ah. Coming to this question I would
suggest two alternatives:
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Firstly, the contract can be modified so as to make it a clear Murabaha

transaction with all its implications. This will require radical changes in all
the forms and agreements, but, at the same time it will validate the whole
transaction and the Muslim will be at liberty to issue such cards, to use them
and to accept them. However, it seems difficult that the CCC will accept the
implications of Murabaha.
Secondly, the element of agency for the collection of the dues from the
Customer may be eliminated from the agreement signed by the Merchant.
It may, however, be provided in the agreement that the Customer either pays
his dues directly to the CCC, in which case the Merchant will not be involved
in the payment, or he deposits the amount with the Merchant wherefrom the
CCC will arrange to collect it. In this case the Merchant will act as a trustee
for the Customer, and not as an agent of the CCC.
Another alternative may be that the Merchant sells the goods to the Customer
at a higher rate which may be equal to the amount he has to pay to the CCC
over a period of six months. But it should be a fixed amount finally settled at
the time of sale and should not be increased later on. Then the CCC may also
claim a brokerage commission from the Merchant on the increased price at a
higher rate. In this case the CCC advances a loan to the Customer which is
free of interest, and a Muslim Merchant can work as an agent for the CCC to
collect the amount of loan.
I think that if the CCC is not agreeable to the first alternatives, this method
can be adopted as a last resort. But before applying this method other Ulama
should also be consulted because I am not fully confident about it.
Before concluding this discussion, I would like to clarify another point you
have raised in the last paragraph of your question. You say,
"Your statement that American Express does not charge interest on its cards in
incorrect. All companies throughout the world charge interest to card-holders
in case of late payment..."
Actually, I was aware that the Credit Card Companies do charge interest in the
case of late payment, but the major difference between normal credit-cards
(like American Express etc.) and the Consumer Credit Card (under question)
is that the former ones do not charge any interest for the initial period which
extends in some cases to three or four months. It is only in case of default after
the prescribed period that they charge a penalty interest. Therefore, their basic
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transaction per se does not have an element of interest. The penalty-interest

is an additional condition imposed by them which does not render the whole
transaction invalid. Therefore, if a Muslim subscribes to such credit cards with
a clear intention that he will always pay the bills of the company promptly and
he has good reason to believe that he will never become a defaulter, and will
never have to pay interest, it will be permissible for him to use such Cards.
The case of Consumers Credit Card is totally different. Here every card-holder
is bound to pay interest from the very beginning. He has to pay interest for
each and every day. So, the whole transaction is based on interest. It was this
major difference for which I had distinguished the case of normal-credit cards
from the Consumer Credit Card under discussion.
This will clarify another misconception also. It was not the clause of penalty-
interest that formed the basis of my opinion. In fact, the nature of the transaction
is such that it cannot be distinguished from an interest-bearing loan, and I have
already elaborated the basic reasons for its impermissibility for each one of
the three parties.
15.4.19 Micro credit business model
Q) For Fatwa on Micro Credit – A Riba Free Model:
HANDS has been working in the field of PHC for about two decades. HANDS
has felt that for improving health status there must be an improvement in the
economic status of the people.
With a hypothesis that the improvement in economic status has a definite
impact on health status, HANDS proposed a pilot project in which credit was
to be given to a group of females. The group will be responsible to help the
lady health worker of her area.
The philosophy behind this matter was that to bring females in the fields
and train them to sensitize the whole area. An incentive was essential, but
the incentive was so planned that it would enable them to become earning
members of their family, which will not only give them confidence and
respect but also have significant impact on their family’s economical social
and health status.
It is essential to have complete knowledge of the present economic status and
the gaps, which if filled would play a positive part in raising the economic status.
Therefore, HANDS designed a questionnaire for the village-based survey.
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HANDS did the economic survey in union council Meeranpur and Karam
Khan Mezamani of district Hyderabad.
The philosophy of the program was to lend money to those who do not have
the means and resources to get loans from the bank, as the bank demands
for mortgage and referrals. On the contrary HANDS believes on honesty and
trust. HANDS formed its foundation on the basis of social pressure; therefore,
the most vital part to introduce the banking system of the loan is a group.
To form a group of females, who are ready to work for the health of their
community in an organized manner, HANDS had the privilege of having
the trust of the community by virtue of working with them for twenty years.
Hence motivated and active females were identified. For the information of
these group inclusion criteria was developed.
Community Management Skill Training (CMST) is three-day training. The
President and manager of 4-6 groups are invited for CMST training. In CMST,
participants are given a briefing but complete training of how to manage the
saving and loaning system at the village level. They also open their bank
account on the third day of the training. This gives them great confidence and
they are trained to follow the system to keep things are transparent as possible.
- The amount, which is to be given as loan ranges from Rs. 10,000 -
15,000.
- The procedure is that after appraisal HANDS gives a cheque to the
loanee. He/She has to return the amount in installments as per schedule
given by HANDS. Since HANDS invests a lot in the procedure therefore
it receives 16% as service charges from loanee.
After reading the book I felt that, we can now use modarabah mode of financing.
- The procedure is that HANDS makes the loanee its contractor. The
loanee buys the item/commodity on behalf of HANDS. HANDS sells the
similar item/commodity to the loanee on 10-16% higher than the actual
price. During this period (purchasing of item till selling it to loanee) the
commodity remains HANDS’ property and it bears any loss if occurs. The
loanee after purchasing the commodity from HANDS return the amount
as per mutually agreed schedule.
Please advise me the following:
- Do you think that mode of financing is allowed in Islam.
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- Do we have to make some changes. If yes, then what.

- Please give me Fatwa that this mode of financing is Riba free or not.
A) I received your letter regarding charging 16% Service Charges from
Loanee. It is not at all allowed because it is clear interest.
However, the second alternative you have suggested that the Loanee buys
a commodity on behalf of the HANDS and then the HANDS sells it to the
Loanee at higher price can be permissible with the following conditions:
1) The commodity is really purchased by the Loanee on behalf of Hands
so far as it will act as an Agent of Hands to purchase the commodity.
2) After purchasing the commodity, he will have to inform the HANDS
that he has purchased the commodity on behalf of HANDS and now he
offers to purchase it from HANDS. During this period the commodity
will be at the risk of HANDS.
3) HANDS accept the offer made by the Loanee and then the commodity
will be transferred to him.
4) The price should be fixed at the very outset and once it is fixed it
cannot be changed at any stage.
15.4.20 Interest between companies with same shareholding
Q) For financial restructuring sometime, we have to have different companies
and subsidiaries within the same group with 100% same shareholding. In that
structure can we have lending on interest between the parent and companies
or amongst the companies. This may be required for tax or any other financial
or legal purpose.
A) The ruling of interest does not apply to the premium on a loan taken or
given by the group treasury from or to other companies owned 100% by the
same shareholders. However, if the subsidiaries are independent entities, in
the sense that the subsidiaries’ liability is totally separate from each other and
from the treasury company, even in case of bankruptcy of all subsidiaries,
then each company will be treated as an independent entity with regard to
borrowing and no premium can be charged on any advance between them.
)38 /7( ‫لما ىف فتح القدير للكمال ابن الهمام‬
)‫قوله (وال ربا بني الموىل وعبده) أي المأذون غري المديون (ألنه وما يف يده لمواله فال يتحقق الربا‬
Chapter 15
‫لعدم تحقق البيع وكذا المدبر وأم الولد (فإن كان عليه دين ال يجوز) أي البيع بطريق الربا (أما‬
‫عند أيب حنيفة) فلعدم ملكه لما يف يد عبده المأذون المديون فهو أجنيب عنه فيتحقق الربا‬
‫بينهما (وعندهما) إن لم يزل ملكه عما يف يده لكن (تعلق بما) يف يده (حق الغرماء فصار) الموىل‬
‫(كاألجنيب) عنه (فيتحقق الربا) بينهما (كما يتحقق بينه وبني مكاتبه) ويف المبسوط ذكر أنه ال‬
‫ ولكن عىل الموىل أن يرد ما أخذه عىل العبد ألن كسبه مشغول بحق‬،‫يتحقق الربا بينهما مطلقا‬
‫غرمائه فال يسلم له ما لم يفرغ من دينه كما لو أخذه ال بجهة البيع سواء كان اشرتى منه درهما‬
.‫ بخالف المكاتب ألنه صار كالحر يدا وتصرفا يف كسبه فيجري الربا بينهما‬،‫بدرهمني أو ال‬
15.5 Shari'ah compliant investments
15.5.1 Islamic deposit based on LME transaction

Q) Further to my discussion with you with respect to LME transaction
wherein you had raised following questions to be adequately answered before
we enter into any deposit on LME basis.
Your questions were as follows with the answer from the Bank as follows:
1) Your Question: Goods purchased should be identified (not in general lots).
Bank’s response: Goods purchased would be identified. Each transaction
is specific for a specific client. So, if you place an Islamic deposit of USD
1 mln, we will purchase and sell the commodity worth USD 1 mln for
you. For this, we have to pay USD 30/- per million as brokerage charges.
Hence, it is very transparent. The purchase and sale certificate will be
specific to our company.
2) Your Question: Sale transactions to also be seen. Purchase and
Sales transaction should ideally be with different brokers.
Bank’s response: I am faxing the proforma for a sale transaction, which
will be specific to you. As per our Shari’ah scholars, we cannot purchase
and sell the commodity from the same broker / entity. Hence, we use
a different broker. The transaction, however, happens on the same day,
for the same amount and commodity. Again, the sale receipt would be
specific to our company.
3) Your Question: Risk transfer includes taking possession (may be
sale should be delayed for one day), cost of possession if any will be
borne by us.
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Bank’s response: The moment we purchase the commodity for you,

the risk is transferred to you. Hence, it is Sha'riah compliant. Moreover,
the risk and ownership does pass upon purchase as is confirmed in the
purchase note by the broker. Also purchase and sale brokers are different.
We would never be able to sell through a different broker if the risk/
ownership was not transferred to us from an independent purchase broker.
Please note, If you/we do not sell the commodity the same day, we/you
bear all the risk - including cost of carry and price fluctuations, which is
why purchase and sale is done the same day but only after risk/ownership
is transferred to us.
In addition, as advised to you earlier we operate under diligent supervision
of our Sharia’ advisors - their profiles are provided below. In addition, all
our Islamic transactions are physically audited by our Sharia’ advisors on a
quarterly basis.
I shall be grateful for your review and further guidance in this respect. Based
on above answers can we now enter into deposits based on LME with this
particular bank which has given these assurances. On our part we will ensure
through review of all documentation on each such deposit placed.
A) The answers given by them are satisfactory by and large. However, since
the transfer of risk in Shari'ah depends on physical or constructive delivery, it
is better to add a clause in the agreement that immediately after the sale, the
commodities will be transferred to buyer’s account and the risk thereof will be
passed on to him.
15.5.2 Investment in equity of companies

Q) Examples of direct and indirect investment in equity. Kindly let me
know to what extent these are permissible in Islam.
1) Company A raises funds by selling shares and interest-bearing bonds
and invests all funds in predominantly halaal and profitable activities. Is
it permissible to purchase shares of Company A for an individual.
2) Company B raises all its funds by selling shares and invests all
its funds in shares of Company A above and similar companies. Is it
permissible for an individual to purchase shares of Company B.
3) Company X sells financial securities on which it promises dividends
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at a rate of 10 per cent on its total sales during the year. Is it permissible
to purchase these securities where dividends are paid as a predetermined
proportion of sales revenue and not profits.
A) 1) If Company A raises funds by issuing shares and interest-bearing
bonds and invests all funds in predominantly Halaal and profitable
activities, the permissibility of purchasing shares of such a company
depends on four conditions:
a) All the business activities of the company should be Halaal.
b) The shares of such a company have to be purchased after it has
acquired tangible assets like machinery, buildings, raw materials or
stock in trade.
c) The total income received from interest is not more than 5%. If
it becomes evident from the income statements of the company that
5% or less of its income consists of interest given by the bank on its
deposits, that proportion of the dividend must be given in charity.
For example, if the total profit of the company is $100 and 5% of it
has accrued through interest received on bank deposits, then 5% of
the dividend must be given in charity.
d) The shareholder should express his disagreement over
depositing surplus funds in an interest-bearing account and raising
funds through interest-bearing loans. A preferable method would be
to object to such interest-bearing transactions in the annual general
meeting of the company.
If the four conditions are strictly fulfilled, it is hoped that purchasing
shares of such a company will be permissible in Shari’ah.
A possible objection which may be raised against this ruling would be
that because the company had raised a considerable amount of its funds
by issuing interest-bearing bonds, a substantial part of its funds is impure
according to Shari’ah; therefore, it should not be permissible to participate
in such a business. This objection may be refuted on the ground that
although taking an interest-bearing loan is strictly prohibited in Shari’ah,
yet the effect of this prohibition is that the persons responsible for taking
such loans will be committing a sin. However, the amounts so borrowed
are treated by the Shari’ah as their own. Although they will be liable
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to punishment in the Hereafter, the money borrowed comes into their

ownership and anything purchased by that money will not be treated in
Shari’ah as Haraam.
Therefore, if the capital raised by the company consists of some amounts
borrowed on interest, it will not render the whole capital impure.
2) If the four conditions mentioned above are fulfilled it will also be
permissible to purchase the shares of Company B which has invested all
its funds in the shares of Company A.
3) It is necessary for the permissibility of Musharakah that the profits
of the joint venture are distributed among the partners on an agreed
proportion of the actual profit and not in proportion to the sales revenue.
Therefore, it is not permissible to purchase the securities issued by
Company X.
15.5.3 Acquiring shares of a bank or other companies

Q) What is your opinion about the trade in the shares by different companies.
Is it Halal or Haram if they belong to a bank or any other company.
A) Acquiring or trading in share of those companies that are involved in
impermissible activities like insurance, interest-based banks etc. is not Halal.
However, acquiring or trading in the shares of those companies, which are
engaged in permissible activities, is Halal subject to certain conditions that are
spelt out in my book on the subject.
15.5.4 Investment in National Saving Certificate

Q) Is National Saving Certificate "Halal". Can we utilize the profits earned
through National Saving Certificates.
A) National Saving Certificate is an interest-bearing security. Therefore,
any profit earned on it is "Riba" and Haram. If someone has acquired such
securities, he must give the interest money to a charity.
15.5.5 Partnership on a fixed profit basis

Q) I have a considerable amount of money saved by me from my monthly
income. I want to invest it in a lawful business which can give me some profit.
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One of my friends has offered me to enter into partnership with him, I shall
give him the money and he will invest it in his business which is already
established and run by him. He has agreed to pay me a sum of two thousand
rupees monthly as my share in the profit. Is it permissible for me to enter into
partnership on these terms.
A) No. A pre-determined amount of money cannot be fixed as a profit in a
partnership. If you want to enter into partnership with your friend, you will
have to share his risks also. In case he faces a loss, you will have to bear it
in proportion to your investment. And if the joint venture brings a profit, the
same may be shared on the agreed ratio.
Thus, the amount of profit can only be known after the profit accrues actually,
and it cannot be fixed beforehand. However, a provisional profit may be
distributed before the actual accounting takes place. On this basis, the monthly
payment of a particular amount may be agreed but it must always be subject
to the final settlement at the end of the term. When this final settlement will
take place on the basis of the actual gain or loss, all the provisional payments
made earlier must be taken into account and must be adjusted according to the
actual profit or loss. Without this necessary condition the said agreement of
partnership will not be a valid agreement according to Shari'ah.
15.5.6 Permissible ways of investment in Pakistan

Q) We have come to know that the Pakistani Banks have abolished interest
from their transactions and they are now working on the profit and loss sharing
basis. What is the correct position in this respect. Can we deposit our money
in the PLS (Profit and Loss Sharing) account and avail of the profit accruing
therefrom for our personal benefit without any fear of being involved in
interest. If the answer is in negative, are there any other financial institutions
where we can invest our savings without being involved in Riba and who
run their business on the Islamic principles and restrict themselves to those
transactions only which are lawful in Shari'ah.
A) It is true that it was announced by the Government of Pakistan about five
years ago that the interest has been abolished from the banking transactions
which, in future, will be carried out on the basis of profit and loss sharing. But,
unfortunately, the methods adopted to substitute the interest transactions were
not in conformity with the Shari'ah, rather they were essentially nothing but
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a different form of interest. No substantial change was brought out, neither in

the whole system nor in the nature of transactions. When one looks into the
details of these dealings, one cannot avoid the conclusion that it is change in
nomenclature only.
The result is that no actual change has yet taken place in the banking system
as a whole, and the profit given by the banks to their depositors is another
form of interest. Hence, it is not permissible in Shari'ah to deposit money in a
PLS account or in a fixed deposit account of the general commercial banks. If
someone wants to open an account in a bank, he should deposit his money in
a current account on which no profit (interest) is paid.
As for other financial institutions, most of them are being run on the basis of
interest, and the same rule applies to them also. .
However, during the last decade, some financial institutions have been
established on interest-free basis, and they are actually working, by and large,
on the basis of Islamic financial modes. I would refer to three of them here:
1) National Investment Trust (NIT) in Pakistan has been established to
provide investment facilities on Islamic principles. Since last two years the
majority of its investments has become free of interest. Their investments
are mostly restricted to the purchase of the Shares of different companies,
and to the Murabaha and leasing transactions.
I have gone through their model agreements of Murabaha and leasing,
and found therein nothing in conflict with the injuctions of Shari'ah.
However, the NIT keeps its surplus money in the PLS account of the
normal banks run on the basis of interest. Thus, a very small proportion
of their income consists of the interest accruing on their PLS accounts.
This proportion is not lawful according to Shari'ah.
Similarly, a very small amount of their income comes out of the profit
accruing on the participation term certificates (PTCs) purchased by them.
The transaction of these certificates is also objectionable according to
Shari'ah. Although they have now stopped the purchase of PTCs, yet
the PTCs held by them in the past are still alive and they form a small
proportion of their annual income.
Despite these shortcomings, most of their transactions are lawful
according to Shari'ah, and they have provided a facility to the people
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who want their income to be free from any element of interest. In their
membership form they have mentioned all the heads of their income and
it has been left to the member to mention in the form that he does not wish
to receive the income of some particular Heads.
Therefore, if a person states in the form that he does not want to receive
the income of PLS accounts and of PTCs, he can do so, in which case
his dividend will not consist of the income of these two heads, and the
dividend received by him can be treated as Halal.
2) There are certain Mudarabas floated by different Mudarabah
companies registered under the Mudarabah Ordinance. According to
the Ordinance, no Mudarabah can be floated unless it has obtained a
certificate from the Religious Board to confirm that the proposed business
of the Mudarabah is not in conflict with the Injunctions of Islam. This
Religious Board, of which I am a member, examines various aspects of the
proposed business and brings amendments where necessary, and certifies
after satisfying itself with its conformity with Shari'ah. As a member of
this board, I had an opportunity to examine the main Schemes and the
model agreements of most of Mudarabas floated in the market, except for
two Mudarabahs, namely, Grindlays Mudarabah and BRR Mudarabah.
So far as these two Mudarabahs are concerned, I cannot opine about them
objectively. But the rest of the Mudarabahs I can say that their business,
if run in accordance with their prospectus and the model agreements
approved by the Board, is in conformity with the precepts of Shari'ah, and
one can buy these Mudarabah shares and enjoy the dividend distributed
against them as Halal.
3) The third financial institution which is based on an interest free system
is ‘Faisal lslamic Bank’. The Pakistani branches of this bank have restricted
themselves to the Islamic modes of finance like Murabaha, leasing and
Musharakah only. I have gone through their model agreements and found
them, by and large, in conformity with Shari'ah. One can also avail of the
profits distributed by this bank to its PLS and investment accounts.6
Before parting with this question, I emphasize that what has been said above
is based on my personal knowledge about the currrent state of affairs in these
institutions. But two points should always be kept in mind:
6 This opinion was expressed in January 1991 and is subject to change based on the Bank›s
adherence or non-adherence to Shari'ah. (EDITOR)
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Firstly, a person like myself can only examine the main scheme of a business
and the broad principles underlying it. No outsider can scrutinize each and
every transaction going on in actual practice.
Therefore, the aforesaid comment on the business of these institutions
is based on the basic principles adopted by them in their scheme and their
model agreements. If they contravene any of these principles in their actual
practice, the ruling may be different. But so far as they claim to abide by these
principles, a person can proceed on the presumption that they are following
the correct principles unless otherwise proved.
Secondly, each of these institutions always remain subject to changes,
alterations and modifications. What is mentioned above is based on their
current position. If some substantial change takes place in their procedure,
the Shari'ah ruling about them may also change. It is necessary, therefore, that
their current position be ascertained each year by consulting a Shari'ah expert
acquainted with such problems.
15.5.7 Currencies, discounting of bills and others

Q) I got your comments on our group’s evaluation of Islamic banks and
Mudarabah companies. The MBA project we are doing is in the second week
of June, 1997. Your guidance would help us in presenting the true picture of
an Islamic Financial lnstitution (lFI) at LUMS. It would be quite helpful if you
answer following questions:
1) Why cannot currencies be sold at rates different than the market or
spot rate. How are currencies of different countries different than ordinary
goods which can be sold at prices different than the market.
2) Why is discounting of bills of exchange in different currencies
permitted when currency itself cannot be traded below the spot rate.
3) Can one party in a ‘promise to sell/purchase’ agreement ask for a
security, whether cash or any kind of collateral, from the other party.
4) How can an agent’s (agent being the bank) fee be determined if he
is made responsible to collect the amount written on bill of exchange on
behalf of its client. Wouldn’t such kind of agency fee or service charge
become an excuse for charging interest. How can one prevent it.
5) Is it injustice if two or more partners agree on a ratio of profit, not the
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loss, which is different than the ratio of capital contributed by each partner.
6) Are the following rules correct according to Shari'ah:
a) It is permissible for the lessee to let to a third party during the
lease period whether for the same rental or more, as long as the asset
is not affected by the change of user.
b) It is permissible to stipulate in a contract of Istisna that price
would be reduced by a specific amount per day upon delay in delivery
by the seller.
7) What steps can an Islamic Financial Institution take to prevent the
concentration of wealth among the rich individuals of a Muslim society.
A) Here are the answers to your recent questions:
1) If the currencies are of the same country, they cannot be sold at a rate
different from their face value. However, if the currencies are of different
countries, they can be sold on spot at whatever rate agreed upon between
the parties which can be different from the market rate. However, if the
payment is deferred on either side, it must be in accordance with the
market rate. This condition is put to restrict the use of this transaction to
the genuine needs, otherwise it may be taken as a device to effect Riba
transaction. The details of the rules regarding the transaction of currencies
are available in my Arabic book "Ahkam Al-Auraq Al-Naqdia" which
has also been translated.
2) The discounting of bills of exchange even in different currencies is
not permitted in Shari’ah. The reason is that a Bill of Exchange stands
for the amount of the bill which is a debt payable by a seller. If it is sold
or purchased for cash, it means that two currencies are being exchanged
where the payment at one side is deferred and I have already mentioned
in answer to question No.1 that if the payment is deferred on either side,
the price should not be different from the market spot rate.
3) The promise to sell/purchase is merely a promise. It does not create
the contract of sale itself, therefore, no rights or obligations of a sale
can arise out of a promise only. Hence, no party can ask for security
or a collateral for the fulfilment of a promise. Because the security or
collateral is justified only where a liability or a debt has actually come
into existence while in the case of promise no debt or liability is created.
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It is only an undertaking to sell/purchase a commodity in future. When

the actual sale cccurs on a deferred payment basis, the debt will be created
and at that time it will be justified to ask for a security.
4) If the bank has been made an agent to collect the amount of a Bill of
Exchange on behalf of its client it is permissible for the bank to charge a
fee for this service. The fee may be determined by the parties on whatever
basis they agree upon. However, it should not be tied up with the period
of the maturity of the bill. With this condition this transaction will not,
hopefully, be instrumental to charge interest.
5) In a Musharakah contract the parties may agree on a ratio of profit
different from the ratio of their investment with the only condition that
a partner who in expressed terms, relieves himself from the liability to
work for the partnership cannot claim a ratio of profit higher than the
ratio of his investment, for example, if ‘A’ has invested 60% of the capital
while ‘B’ has invested 40% the parties can agree that ‘B’ will get 60%
of the profit and’ A’ will get 40% of the profit. However, if ‘B’ has, in
expressed terms, put a condition in the contract of Musharakah that he
will never work for the enterprise, he cannot claim more than 40% of the
profit.
6. a) A lessee can sub-lease the property to a third party with the
permission of the lessor, if the rent charged by him from the sub-
lessee is equal to the rent payable by him to the original lessor. This
sub-lease is permitted with the consensus of all Muslim jurists.
However, if the lessee charges from his sub-lessee a rent more than
the rent payable by him to the original lessor, it is not permissible
according to Imam Abu Hanifah, but it is permissible according to
other Imams.
b) It is permissible to stipulate in a contract of Istisna that price would
be reduced by a specific amount per day upon delay in delivery by
the seller. The contemporary scholars of Islamic Jurisprudence have
allowed this type of contract on the basis of the following ruling
given by the classic Fuqaha:
)‫(و صح تردید االجر بالرتدید یف العمل) کإن خطتہ فاریس بدرھم او رومیا بدر ھمنی (وزمانہ یف ال‬
]٦ ‫ ج‬۷۲ ‫۔۔۔۔کان خطتہ الیو م فبدرھم او غدا فبنصفہ۔ [ردالمحتار ال بن عابدین ص‬
7) In fact the answer to this question requires a detailed treatise, but
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without going into details the following steps may be taken by the Islamic
Financial Institutions to prevent the concentration of wealth among the
rich of its society:
Firstly, they should maximise the use of Musharakah and Mudarabah instead
of Murabaha or Leasing, because the real alternative to interest in a true
Islamic economy is Musharakah and Mudarabah which paves the way for
equal distribution of income among the members of the society and they are
very competent and strong instrument diverting the flow of wealth from a few
rich people to the common lot.
Secondly, they should find out ways and means to finance the small scale
trade and industry. For this purpose an Islamic financial institution should rise
above the level of pure commercial and material benefits and should set their
priorities in wider interests of the society of which they, themselves, are an
inseparable part.7
7 Mudarabah is a distinct class of partnership in terms of which the one party, called the rabbul
maal, hands over capital to another, called the mudaarib, on the basis that the mudaarib trades with
such capital and the resultant profits (if any) are shared between them in pre-agreed proportions (such
as two-thirds to the rabbul maal and one thirds to the rnudaarlb). (AL-MUGNI, VoI 5, Page 134)
The essence of this class of partnership is that it is a partnership relating to profit only. The mudaarib
is entitled to profit in accordance with the agreed profit sharing ratio by reason of his labour, and the
rabbul maal is similarly entitled to profit as a return on his capital. It follows that ordinarily, in the
absence of defined negligence and/or breach of contract, the losses of the partnership will be offset
against accrued profits, and thereafter against capital. It also follows that the contract of mudaarabah
will be void if the agreement stipulates that the rabbul maal must work together with the rnudaarib.
(RADDUL MUHTAAR, VoI 5, Page 645)
Mudaarabah is a unique class of partnership in that it brings together both capital and labour and
employs them productively in business. A person has the capital but not the skills and expertise, whereas
another has the skills and expertise to conduct business but not the capital. There is therefore a genuine
need to recognise such a partnership which was prevalent at the time of the Holy Prophet ‫ﷺ‬. He
confirmed its validity and the noble companions (may Allah be pleased with them) transacted on the
basis of mudaarabah. The jurists are accordingly unanimous (IJMA) in regard to its validity. (BADAI
US-SANAI, Vol 6, Page 79)
The contract of mudaarabah itself is concluded by offer and acceptance, or by the use of words which
indicate that the parties intend to conclude a contract of mudaarabah. For example, the rabbul
maal says to the mudaarib: T " ake this capital (e.g. R100,000.00) for the purposes of mudaarabah,
and expend labour on the basis that the resultant profits will be shared equally",or the rabbul maal
says: "Take this cash and treat it as capital, and the profits will be shared equally between us"and the
mudaarib accepts the offer’. (MAJALLAH, article 1405)
Upon conclusion of a valid mudaarabah contract, the following legal consequences arise and attach
to the mudaarib:
a) the mudaarib, in receiving the capital from the rabbul maal, is a trustee (AMEEN) in the sense that
he is not ordinarily obliged to compensate the rabbul maal in the event of loss or destruction thereof.
(RADDULMUHTAAR, VoI 5, Page 646)
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15.5.8 Tradability of debt and financial papers

Q) I am conducting research in conjunction with the University of Oxford’s
Islamic finance department, on the subject of the tradability of debt and
financial papers in Shari'ah.
The aim of my study is to critically appraise the use of Bay’ul Inah, Bay’ul
Dayn, and Dha’ wa Ta’ajjal in the bond issuance process, with specific
reference to the Islamic bond market of Malaysia.
Alhamdulillah, I have gained much benefit from Hazrat’s works such as
Inaamul Baari, Fiqhi Maqaalaat, and An Introduction to Islamic Finance during
the course of my research. However, I am in need of further guidance on the
subject in question, which I feel I can only present before those scholars who
possess the relevant expertise in the field of Islamic finance and economics
from amongst our esteemed Ulama, such as Hazrat and those around him.
In this vein, I would be most appreciative if Hazrat would spare some of his
precious time to assist me with some queries that I have encountered during
my humble research.
1) Firstly, I am aware that Islamic bond certificates and other financial
papers must be sold at face value in order to prevent Riba, however, what
if the currency in which the Islamic bond certificate was issued, and the
money it is to be exchanged for are of two different currencies, would
this enable such certificates to be traded at a discount, just as it has been
b) the mudaarib, in commencing his labours, is an agent of the rabbul maal in dealing with and
disposing of the property because he does so on his (the rabbul maal’s) instructions as the owner
thereof. (HIDAYAH, Chapter on MUDARRABAH)
c) the mudaarib, if he makes a profit, shares therein by reason of his labour, and because the object of
mudaarabah is to make a profit.
If, on the other hand, the contract of mudaarabah is void for any reason, then the mudaarib is
entitled to remuneration for his labour equivalent to the market rate. If the mudaarib breaches
a valid condition of the contract of mudaarabah, then he is strictly liable to make good any loss
because he has dealt with the property of another without authorisation."(HIDAYAH, Chapter on
MUDAARABAH)
The contract of mudaarabah may be general without any limitation as to duration, or class of business
to be conducted, or place where such business is to be conducted, or otherwise as to the category
of suppliers and merchants to be dealt with. The contract however may be limited as to any of those
matters. The rule in this regard is that the rabbul maal, may impose any condition in the contract
which is beneficial to him, and the mudaarib is bound to observe such condition otherwise he will
be in breach of contract. If the condition is of no benefit to the rabbul maal, then the condition itself
will be invalid without affecting the validity of the whole contract. (MAJALLAH, Article 1407,
Commentary of Allama Itasi $
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permitted when two different currencies are exchanged for one another, or is
such a practice (i.e., the trading of discounted bond certificates in exchange
for a different currency than that which such certificates represent) prohibited
due to the possibility of it becoming an avenue leading to Riba.
2) Secondly, are Pure Ijarah Sukuk certificates, which are a class of asset-
backed securities, and which have been securitized without the use of the
contentious Bay’ul lynah transaction, tradable at a discount in the secondary
market. Again, as above, would the ruling differ if the currency represented
by the Ijarah Sukuk certificate and the currency used to purchase such a
certificate were of a different genus i.e. of a different country.
3) Thirdly, would it be permissible according to Shari'ah to sell cheque
receivable at a discount. Once again, would the-same ruling apply if the
receivable currency in which the cheque is written and the currency given in
exchange for it were of a different country and hence of a different currency.
Furthermore, would the spot rate be used or a rate mutually agreed upon by
both the contracting parties.
4) Fourthly, would it be feasible to say that Islamic bond certificates
are between cash money and a debt; in the sense that from the aspect of
being similar to money, certificates may only be traded at par value, and by
virtue of also being a debt receivable, the sale of an Islamic bond certificate
(representing a deferred payment in the future) must only be made on a spot
basis in order to eschew a deferred item of sale for a deferred payment.
Furthermore, is the bond certificate automatically considered to be a
deferred item due to the debt it represents or can the physical certificate
itself be deemed sufficient to constitute a spot payment from the side of the
first bondholder if it were to be exchanged for a deferred cash payment.
5) Fifthly, what if a commodity were to be given in exchange for a bond
certificate, where the value of the commodity is more or less than the face
value of the bond certificate. As such, would it be permissible to set up a
company that buys bond certificates in exchange for commodities, after
which this company then acts as an agent on behalf of the bondholders by
selling such commodities for cash, which is then returned to the bondholders.
Would this be permissible according to the Shari'ah taking into consideration
the fact that the company is aware that one contract of exchange cannot be
bound by another in Islam.
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6) Finally, some academics argue that Diminishing Musharakah

involves a combination of two contracts, namely a contract to gradually
buy out shares in the underlying, and also a lease contract to pay for the
usufruct of the underlying according to the share owned. As a contract
that is contingent upon another is disallowed, could you please advise as
to the correct understanding of the above scenario.
A) 1) Islamic bond certificates and financial papers that represent money
receivable (a ‘dayn’) must be exchanged for the face value in which case
this shall be a transaction of ‘Hawaala’ and the laws of the same shall
apply (e.g. If the person towards whom the responsibility of the debt is
moved, is not able to fulfill his obligation to pay, then recourse to the
person originally owing the money is permissible). It is not permissible
to discount such documents in any way. If these documents are being
exchanged in lieu of a different currency than that in which they were
issued, it is necessary that the spot rate of the currency on the date of the
exchange be used.
2) If the mentioned Ijarah Sukuk certificates represent tangible assets
then it shall be permissible to discount them in the secondary market.
However, if they represent rental receivable, then it shall not be
permissible to discount such certificates in the secondary market. The
ruling of trading in a different currency is as mentioned, in the answer to
question one above.
317 ‫) معيار الصكوك ص‬1426-11425( ‫يف المعايري الشرعية‬
‫يجوز تداول صكوك ملكية الموجودات المؤجرة أو الموعود باستئجارها منذ لحظة إصدارها‬
‫ يجوز تداول صكوك ملكية منافع‬... ‫بعد تملك حملة الصكوك للموجودات وحىت نهاية أجلها‬
‫األعيان (الموجودات) المعينة قبل إعادة إجارة تلك األعيان فإذا أعيدت اإلجارة كان الصك‬
‫ممثال لألجرة وهي حينئذ دين يف ذمة المستأجر الثاين فيخضع التداول حينئذ ألحكام‬
.‫وضوابط التصرف يف الديون‬
3) It is not permissible to sell a cheque receivable at a discount. If the
sale is in a different currency than that in which the cheque was issued it
is necessary that the spot rate of the currency on the date of the exchange
be used.
294 ‫) معيار األوراق التجارية ص‬1426-1425( ‫يف المعايري‬
.‫ال يجوز حسم (خصم) األوراق التجارية‬
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4) Islamic bond certificates are of two types:

a) Those that represent cash or cash receivable. The laws of cash or
cash receivable (as the case may be) apply to this kind of certificate
only.
b) Those that represent tangible assets. The laws pertaining to cash
or cash receivable do not apply to this kind of certificate.
If the bond certificate represents cash, then merely taking possession of the
physical certificate shall not be deemed sufficient for a spot payment. In such
a situation payment in cash or the like by at least one party is mandatory.
However, if the bond certificate represents money receivable, then since
this is a transaction of recourseable ‘Hawaala’, it shall be permissible
even though possession has not taken place. This is because just as
‘Hawaala’ may be restricted (‘muqayyadah’) so too may it be unrestricted
(‘mutlaqahl), in which case it is not necessary that the person towards
whom the debt is being transferred, be indebted to the person transferring
the debt. Thus, it follows that possession of any one of the ‘exchanges’ is
not necessary for the validity of a transaction of ‘Hawaala’.
5) As a prelude to the answer, you should understand that the exchange of
bond certificates in lieu of commodities may adopt either of two situations:
a) If the certificates represent cash receivable of the like then
this exchange shall be a transaction of ‘Hawaala’ and the laws of
the same shall apply. (i.e. recourse to the person originally owing
the money is permissible in certain situations as discussed above.)
However, since the debt is being exchanged in lieu of a commodity,
this shall be a transaction of sale as well and the laws of sale shall
also be applicable. Thus, it is necessary that physical possession of at
least the commodity be taken so as to avoid the prohibited exchange
of a deferred item in lieu of a deferred payment.
b) If the certificates represent tangible assets then this would be a
transaction of barter in which the prevailing practice ('urf) related
to taking possession of that asset is taken into consideration. For
example, taking possession of the title deed and other necessary
documents in the sale of real estate is regarded as taking possession
of the actual land.
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Now the answer to your question is that there are two points of contention
in the mentioned proposal:
a) If the agency agreement of the company is conditional to the
purchasing of the shares in exchange of commodities then this is
totally impermissible as one contract being conditional on the other
has been explicitly prohibited.
b) Since commodities are highly liquid, permitting the exchange
of bond certificates in lieu of commodities shall be tantamount to
opening an avenue leading to Riba.
Thus, the structure of the company proposed in the question should
definitely be avoided.
6) Diminishing Mushaarakah is based on two separate contracts in
which neither is contingent upon the other. The sale of the shares in the
asset is not conditional to the lease agreement in the sense that the sale
shall be valid even though the client refuses to take the other portion on
rent for some reason or the other. The same is true for the opposite: i.e.
the lease agreement is not conditional to the sale of the shares in the asset
in the sense that the lease shall be deemed valid even though the client
refuses to buy the shares in the asset for some reason. However, it should
be clear that this does not imply that the client will not be liable for any
actual losses incurred due to not fulfilling his unilateral promise.
15.5.9 Prize money on Prize Bonds is illegitimate

Q) Can the payment of prize money on Prize Bond or other similar Schemes
be regarded as Riba.
A) The payment on prize money or prize bond resembles gambling (Qimar).
The income earned through prize is generated without participating in any real
economic activity. Therefore, the payment on prize money is illegitimate from
Islamic point of view.
15.5.10 Permissibility of Games involving gambling
Q) There is a system called "Dollar Jet". Its procedure is as follows. This
system is worldwide and thousands of people are participating in this game.
Please let us know whether it is lawful in Shari’ah.
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- RELAX AND GET RICH!

- Gambling is expensive, but there’s a recipe for success.
- With it, you can earn capital assets of US$ 30,000 (Thirty thousand)
- Without any financial engagement on your part in 4-6 weeks
This is made possible by the DOLLARJET SYSTEM
How does this system work.
The DOLLARJET SYSTEM is neither a lottery nor a game of chance for
which you have to buy tickets, but is based on a logical arithmetical system
which, consistently followed, leads to large gain for the participants.
Everyone actively participates in the DOLLARJET system and initiates his
own personal circle of players. It is this activity that not only gives you the
chance, but the certainty of winning!
Let’s assume you play along:
For your chance of winning $ 30,000, you first need a sum of $ 90 distributed
as follows:
1) You buy this letter from the player listed in the fifth position for $ 30
2) You pay $ 30 to the player listed in the first position by postal order
(indispensable for correct procedure).
3) You pay $ 30 by postal order or cheque or cash to Commerce Control
AG (GGI). A-1121 Vienna, Box 67.
4) After following Items 2 & 3, send the proofs of payment (item 2)
with the necessary advance payment (item 3) and the legibly completed
list of names to GGI Vienna.
You will be sent 4 letters from GGI, in each of which you will be entered in
fifth place in the list of the addresses. The player in first place on the list sent
in by you will on the other hand be omitted after he has received # 30, not
only from you, but from 1.023 other players, provided all other players have
correctly followed the instructions.
You now sell these four new letters for $ 30 each to four new acquaintances
or relatives. You earn $ 120. You thus not only recover your outlay but
an additional $ 30 for postage and telephone costs for your acquisition of
members. You have thus recovered your entire stake!
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The four new participants now follow the rules just like you and now receive
four letters each. You are thus in fourth position in 16 letters.
Sixteen new players again receive four letters. Then in second position in 256
letters and finally in first position in 1,024 letters. Now every new purchaser
of letters in which you are listed in first position remits $30,720 to you. You
receive $ without financial engagement on your part!
A) Participating in the play "Dollar Jet" is (Haram) unlawful, because it is
a gambling. At the very outset the sponsors have indicated that it is gambling
by saying "Gambling is expensive, but there’s a recipe for success". Any
person who spends $ 90 is actually indulging in gambling because the return
is uncertain and may be any amount between zero dollar and 30,000 dollars.
The mechanism suggested by the sponsors (CCl) is contingent upon the fact
that all the forms will be sold as contemplated and thousands of persons will
purchase them at the given price. The expected return is all imaginary and
the person receiving the forms may not be able to sell even one form and his
investment of $ 90 will be lost. Hence, it is unlawful in Shari’ah.
Participating in this play is unlawful if anyone has already spent $ 90 and
has received money in excess of $ 90 is also (Haram) and illegal property.
He should return this money to its lawful owner or his heir and if this is
not possible, this should be given in charity without expecting any reward
(Sawab). Allah knows best.
15.6 Interest income and its utilisation / disposal
15.6.1 How to dispose-off interest money received

Q) Observing Muslims all over the world which, unfortunately includes
those living in Muslim countries, face the problems brought before them by
unwanted interest money generated in their name through channels they do
not control. This happens inspite of their being careful against whatever is
likely to get them involved in interest-bearing activity.
In case, interest does come into their accounts, no matter how unwanted, is
there a valid way under the Shari’ah through which the identified interest
amount can be disposed off.
1) Can it be taken out of the account and used to pay personal or
company income tax.
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2) Can it be used to pay for Insurance dues on cars, houses, materials,

businesses, stores, etc.
3) Can interest money be given as part of his or her salary for work to
a non-Muslim. Would that apply to Jews and Christians as well.
4) Can this be given to non-Muslim charities unusually solicited through
mail, door-calls and ads, such as, Blood Banks, Heart Associations,
Community Service groups, Welfare Committees for the aged, sick,
disabled, prisoners and similar others under disadvantage.
5) There are individuals on the streets and subways asking for help. Are
they entitled to be given this money.
6) There are non-Muslims one knows live under very low-income
levels. Would they be preferable as recipients of this interest money.
7) Is it permissible to give this money to Muslims falling in some of the
above categories.
8) Is it all right to give this money to:
a) Make toilets in masajid.
b) Help counter anti-Muslim propaganda as claimed and accepted
by a known Muslim institution in South Africa.
A) As a general rule, no Muslim by his free choice should invest or deposit
his money in an interest-bearing scheme or account.
If a Muslim has deposited his money in an interest-bearing account for any
reason, or the interest has come to his account without his choice or intention,
he should not receive the amount of interest, but should surrender it to the
payer of interest.
However, in non-Muslim countries he can receive the amount of interest with
a clear intention that he will not use this amount for his personal benefit. In
this case it is incumbent upon him to give this amount to a charity. This is not
the normal Sadaqah which a Muslim gives out of his lawful income with an
intention to get reward in the Hereafter. Instead, this Sadaqah is meant only
for disposing off an unclean and unlawful money and to relieve oneself from
the burden of an ill-gotten gain.
But it should be remembered that this amount is unclean only for the person
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who has received it as interest. The poor persons who get it from him as
Sadaqah can use this amount for their personal benefits. This amount can also
be given to one’s close relatives who are not entitled to receive Zakat.
Keeping these rules in view, the certain answers to your questions are as
follows:
1) No, if the amount of interest is used in paying income tax or other
government taxes, it amounts to using it for personal benefit, hence it is
not permissible. Some contemporary scholars of Shari'ah, however, have
allowed it only where the banks or financial institutions are nationalized.
But I am not satisfied with this proposition. It is a very grave sin to use
interest-money and one should not seek such devices to use the same for
his own benefit.
2-3) No, all these uses are beneficial to the holder of interest-money,
hence impermissible.
4) As mentioned above, the interest-money can only be given to a
charity
5-7) If they are really so poor, the interest-money can be given to them.
8) This Sadaqah amount can be used for making toilets of a masjid or
for the Muslim institution you have refered to.
Q) I have an account in the conventional bank and have received some
interest on my account with the bank. As I do not wish to deal in interest, how
should I dispose such interest received.
A) A Muslim should not deposit his money in an interest-bearing account,
rather he should deposit it in a current account. However, if, due to some
mistake, the money has been deposited in an interest-bearing account whereby
some amount of interest has been added to it, the amount of interest should be
given to charity. This is the only way in which the amount of interest can be
disposed off.
Q) If someone ends up having some income from interest which is not too
uncommon in non-Muslim countries, can this be given away to someone poor,
an orphan or a widow.
A) The truth of the matter is that one should just not take it right from the
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very beginning. But, if one has taken it, then he can give it to anyone who is
deserving of Zakat including orphans and widows.
Q) An amount of money all of it interest income was invested in an Islamic
Investment. The questions are:
1) Where can we use the principal amount of interest income.
2) Where can we use the profit received from the investment of this
interest money.
A) The interest income should have been given in charity and should not
have been invested. However, after being invested erroneously the whole of
this amount including the interest thereon must be drawn immediately and be
given in charity as soon as possible.
Q) There is building work going on in our educational institution, and lot of
rubbish comes out which needs to be thrown away. To throw this rubbish away
we have to hire a skip in which we have to put all the rubbish, because we just
cannot dump rubbish on the road, and then the company from whom we hired
skip takes it away. The question is, can we use interest money for this process
of throwing rubbish by hiring skip.
A) Interest money cannot be used for one’s own benefit or to discharge one’s
obligation. Throwing the rubbish at its proper place is an obligation that cannot
be discharged through interest money. However, this principle applies to
individuals and institutions working for profit. A charitable institution can use
interest for any of its necessary expenditures including expenses of throwing
the rubbish.
15.6.2 Expressing one’s dissent to company on dealing in interest

Q) My question is that if one is unable to attend shareholder meetings or one
does not, for whatever reason, perform an actual deed in opposition, such as
writing a letter to the company, but instead merely keeps one’s opposition to
interest in one’s heart, would one have fulfilled the condition of opposition
to interest and would it still be permissible to invest in shares of Islamically
acceptable companies on this basis.
A) The basic purpose is to express one’s dissent on entering into interest-
based transaction by the company. I have suggested for that purpose that voice
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should be raised in the Annual General Meeting of the company but if it is not
possible for some reason, this purpose can be achieved also by writing a letter
to the management of the company. This method is suggested by Maulana
Ashraf Ali Thanvi in his Imdadul Fatawa.
15.6.3 Estimating the interest amount for purification

Q) A bank account was operated for a longtime (more than 20 years) in which
some funds were deposited from time to time and interest also accumulated
on it. However, no record of such funds deposited and interest applied is
available. How, in such a situation, one can take out the interest portion for
giving out such interest amount in charity.
A) It is necessary to close such interest-bearing account immediately, and
do Istighfar for keeping such account active. Nonetheless, if the exact amount
of interest accrued is not known, a cautious estimate should be made based
on the information available, and this amount must be disposed off in any
charitable cause, without the Niyyah of Sadaqah.
15.6.4 Interest accrued before the conversion to Islam

Q) I read about Riba and I found one sentence in the second Surah, verse 275.
According to the explanation in Ma’ariful Qur'an, p. 269: "Following that, it is said
in the third sentence that a person, who had collected some money before Riba was
declared Haram, and who repented after Riba was declared Haram, and promised
to himself that he would not go near it into the future, he then, will find that amount
so collected belonged to him based on outward dictate of the Shari'ah".
Also, according to the translation of the Qur'an in Thai, it says "No need to
return Riba, which he received in the past."
Please explain for more understanding. It means that after repenting, no need
to return or give the Riba back if he got the interest in the past. However, he
must not involve in Riba again. Is it right.
In my case, I have a bank account before converting to Islam. No doubt that
I took Riba. After I converted to Islam and got to know that Riba is unlawful
earning, I looked at the bank statement and counted all interest, and I thought I
would not take this amount of Riba, which is a lot. I would give them as charity.
However, after reading this sentence of the Qur'an, I got confused. According
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to my case, can I take the Riba, which appeared on my bank statement in the
past, I mean before converting to Islam.
Also, if I could not take this amount of money, what should I do, which is
better way.
A) The interest accrued to your account and credit to it before your converting
to Islam needs not be given to a charity. You can take it as your own money.
However, any interest accrued after your conversion must be given in charity
and cannot be retained by you as your own money. This ruling is derived from
the verse 275 of Surah al-Baqarah.
15.6.5 Netting-off interest income with commission or interest expense

Q) Is it allowed to net-off the interest income earned on my bank account
with commission charged by the bank.
A) Netting-off the interest income earned with commissions charged by the
bank is not allowed. Hence gross interest income earned needs to be cleansed.
Similarly, interest income earned cannot be offset with interest expense.
However, you can tell the Bank that you would accept only interest income
and not any charges. If the Bank off-sets its charges against the interest income
on its own, without being guided by you to do so, it would be appropriate at
your end.
15.6.6 Off-setting of interest received and paid

Q) I am a Muslim living in Britain and like many other Muslims have mortgage
on the house we live in. The mortgage is loan from a bank and I pay interest
on it. I appreciate now that my faith does not allow me to pay or receive, so
having a mortgage on which I pay interest could be considered as Haram act.
My Imaam advise me that now that I have mortgage, I should pay it off as
soon as possible in order to curtail the period of this Haram act and reduce the
overall amount of interest I pay on my loan.
I agree with my Imaam to reduce my mortgage by repaying more than I am
required per terms of Mortgage. I have is a large sum and cannot be paid off
completely for at least 10 years.
In the meantime, I need to buy a car to work because my present car is very
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old and unreliable. I also need to maintain my house and buy furniture. To do
these things I have saved money in a bank account that pays me high interest.
This too could be considered as Haram act i.e. receiving interest.
My reasons for paying interest on my long-term mortgage and receiving
interest on short term savings to pay for a replacement car etc. are as follows:
- My faith does not like money to be wasted. Thus, I pay my mortgage
so that my house becomes my own. This is better than paying a large rent
for property which will never become my own.
- I pay interest on my mortgage because that is the only way I can
own my house and not pay rent. Most people in this country do not pay
cash for a house when they purchase it, so people get a mortgage. This
all people have to do in this country to own a house, it is the way of the
country.
- My mortgage is with one company and my short-term savings are
with another bank. I pay interest to the mortgage company and receive a
lower interest payment than the company I save with. This way the net
interest I pay is less than the interest I would be paying if I did not have a
savings account.
Also, because the net interest pay is less, I can save money quickly so I
can pay my mortgage quicker and avoid paying interest quicker.
My understanding is that I know paying interest is Haram however I can
mitigate the Haram because:
- The net interest I am paying is less than the amount of interest I
would pay if I did not have a savings account.
- I can pay the mortgage off quicker.
Please can the Muslim council tell me if my understanding is correct and if I
should continue in the manner I have described above.
Please Note:
- I must have a mortgage to own a house and not waste money by
renting a property.
- I must have a short-term savings account because I need to save up
for essential items e.g. a replacement car to travel to work to earn a living.
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- The mortgage account and the savings account, I feel does not have
to be with the same company as long as the net interest I pay is kept to
minimum
- It is better to have a savings account that pays maximum interest
possible so that the net interest I pay on mortgage is as little as possible.
- The interest I pay on a loan e.g. mortgage is always greater than the
interest received on a savings account.
A) Your understanding is not correct. When the party receiving interest from
you is different from the one paying interest to you, the interest of one cannot
be set off against the other. The net result you have mentioned is only in your
favor, but on the other side the parties being different, the amount of interest is
not reduced in any way. Therefore, being two different transactions, they are
two impermissible deals.
15.6.7 Adjusting interest with the loss of deposit from the same bank
Q) I have some interest credited to my account from my days of ignorance.
However, I intended to give away this interest money by the end of this year.
However, the bank has been closed in UK and it is unlikely that we will get
full refund of our deposits with them. My deposits consist purely of my own
money. Can I adjust some of previously received interest against the loss of
my own money in the bank. If not, can you suggest some other way order to
reduce my losses.
A) Yes, in this case you can adjust the interest money received earlier against
the loss of your principal. The money you have deposited in the bank according
to Shari'ah, is a loan advanced to the bank. You are entitled to receive it back
in full. If the same bank has given you some amount in the name of interest,
but has refused later to return your principal in full, you can treat the interest
money received earlier as part payment of the principal and can use it for your
own benefit to the extent of the total principal deposited by you in the bank.
Whatever amount you have received or you expect to receive from the bank,
in whatever name it may be, you can take it as the part recovery of your
principal, but it should be kept in mind that your total receipts from the bank
should not exceed, in any case, the amount you have actually deposited in the
bank. Therefore, if the bank agrees, at a later stage, to pay you more, your
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claim should be confined to the extent of the arrears of your principal deposit
only without any excess thereon.
This ruling is based on the general principles of Shari'ah and on a Fatwa of
Maulana Ashraf Ali Thanwi given by him orally and published in a collection
of his discourses named "Al-ifadatul yaumiyya" v.6 p.20 para 32.8
15.6.8 Adjusting interest income with the loss of deposit
Q) Thank you for your answer to my question which appeared in November
1991 issue, concerning the adjustment of the interest amount to the loss of
principal in a bank which has gone into bankruptcy. Please clarify whether
the interest received from another source other than this bank can be adjusted
against loss of capital in the bankrupt bank.
A) No, the interest received from any other source cannot be adjusted against
loss of capital in the bank which has gone into bankruptcy. The principle
underlying my former reply is that any amount received from a debtor is
always taken in Shari'ah as part payment of the principal, even though the
debtor has paid it in the name of interest. This principle will apply only so
far as an equivalent of the principal amount is not received by the creditor.
But after the payment of principal is complete, any excess shall be treated as
interest and it will no longer be valid in Shari'ah to claim it from the bank.
But this principle is applicable only where the interest is paid by the same
debtor who owes the principal. If the principal is deposited in the bank A and
the interest is paid by the bank B, the interest, in that case, cannot be adjusted
against the loss of principal deposited with bank A.
15.6.9 Adjusting currency exchange loss with interest income
Q) I have dollar account with hard earned savings in it, which has been
frozen and usurped by the Government of Pakistan. I had deposited my
savings without any intention of earning interest or so-called profits from the
bank. But I was entitled to the benefits in the open market.
The position now is that I get 46 rupees against a dollar on encashment. In the
open market, I would have got around 52 rupees. I am suffering a loss of 6
rupees per single dollar that I have. And this loss is not on any trading activity
which I have undertaken. It has been imposed on me by the Government. Can
8 It is apparent from the answer that the interest (which is really repayment of capital) must have
been received from the same bank in which the original deposit of capital was made. (EDITOR)
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I compensate my loss to the extent of 6 rupees from the accumulated interest.

Please elaborate under Islamic laws.
A) You have asked me about compensating the loss of the value of your
foreign currency account by the accumulated interest on your account. This is
not permissible for two reasons:
Firstly, because the usurpation, if any, was from the government, while the
interest will be paid by the private banks, and the loss of one person cannot be
compensated by someone else.
Secondly, because the government when it froze the foreign currency accounts,
it had simultaneously announced to give compensation in Pak rupees at the
market rate of that day i.e. @ Rs. 46/- per US dollar, while the official rate
at that date was much less than that. From Shari’ah point of view, it was
compulsory purchase of the dollars at the market rate. Any decrease in the
price of dollar in the market has occurred after that. Had you drawn your Pak
rupees on that day, you would have received full value of your account in
Pak rupees. Therefore, it is not justified in the circumstances to compensate
yourself by retaining the interest on your account.
15.6.10 Using interest money for paying government fees
Q) In England there is a requirement by Law, which I am sure you are aware
of, that whenever someone purchases a property they have to pay Stamp duty.
A charitable organization is exempted from paying Stamp duty. Unfortunately
we have not yet qualified as registered charity hence we are obliged to pay
stamp duty. We will therefore have to pay 2.5% of the amount we paid for the
property, which is £365.000. My question to you is. To pay this Stamp duty or
any other Tax is it possible to use interest money.
A) If the interest money is received from the government it can be used for
paying the Stamp duty but interest received from private banks or financial
institutions cannot be used for this purpose.
15.6.11 Using interest money for construction of mosque
Q) Islamic Charitable Trust Fund embarked on a mosque fund raising drive
few years ago. As the construction did not commence until a year ago the
funds were deposited in the money market and interest-bearing checking
accounts. The interest earned is quite a substantial amount and the mosque
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will be complete within a few months’ time. The mosque is known as Kuraby
Mosque in Brisbane Australia.
Can the Interest funds be utilized for the construction of the car park, fencing
and landscaping for the property on which the mosque has been built.
A) The money donated for the construction of the mosque should not have
been deposited in an interest-bearing account. However, once it is done and
the interest money is received, it should now be used for a charitable purpose.
If the car parking area is constructed for the Muslims offering prayers in the
mosque while parking is free of charge, that parking area maybe constructed
with the amount of interest, because this is a charitable purpose. However,
this money should not be used for the construction of the mosque itself, or for
fencing and landscaping of the property, because it is against the sacred nature
of the Masjid. The other permissible use of this amount is to construct toilets
for the mosque. If any amount remains after these expenses, it should be given
to some poor man or any other charitable purpose.
15.6.12 Using interest to support a political party

Q) Recently we had general election here in Barbados. A Muslim organization
intended to support parties in their election campaign by funding them. The
Muslim organization collected funds from Muslim brothers and sisters across
the island. During the collection they were also asking for interest money if
any Muslims have so they can support these parties for their task.
My question is, is it permissible to collect interest money to donate to any
political party for their election campaign.
If no, then what can be done about the interest funds that were collected and
given to these parties.
A) The amount of interest should be used as a charity that is beneficial to the
Muslims. I would not advise to use it for the election campaign for a non-
Muslim political party.
15.6.13 Recovering interest from debtors

Q) There are circumstances in which the bank charges us interest when our
current account goes into overdraft due to circumstances outside our control
mainly due to non-realization of cheques issued to us by our debtors.
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Is it permissible for us to recover such interest from the debtor concerned.

A) If the interest is charged by the bank without your knowledge or without
your having entered into an agreement with them for an interest--bearing
transaction, you cannot be held responsible for the sin of paying interest.
But at the same time, you cannot claim the amount of interest from your
debtor, because in that case you will be entering into a transaction of interest
deliberately.
15.6.14 Interest received on initial deposit from Gas & Electricity Cos.
Q) The Gas or Electric Co. gives interest on the Initial Deposit made by the
consumers / clients while getting the connection. They give interest annually.
However, they deduct the interest earned from the billed amount. What do we
do with such interest amount received as a deduction from our consumption
bill.
A) The interest accrued on the initial deposits made with electric or gas
company is not allowed to be used for one’s benefit. If the company has
deducted an amount of interest from the bill an equal amount must be given as
Sadaqa.
15.6.15 Interest on Provident Fund

Q) Does interest accruing on the Provident Fund or Saving Bank Account
come under Riba.
A) The interest accruing on the saving bank account of a conventional bank
is Riba. However, the interest earned on the provident fund does not fall
within the definition of Riba. The reason is that the employee does not own the
amount of the fund, during the period in which the interest has been earned.12
Therefore, the excess amount earned over the actual amount deposited cannot
be considered as Riba. Here, the Fuqaha differentiates between two scenarios:
One is that the government departments have invested the Fund’s amount in
an interest-based transaction without the approval of the employee. In this
case, if the excess amount is given from the general fund of the employer,
though some of it includes interest earned on the investment, it cannot be
termed as Riba for the employee. Second scenario is that the employee
himself, or some of his representatives like employees committee in charge of
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the provident fund has the control over the Fund, and invests it in an interest-
based scheme, then the excess amount earned through that scheme is not Halal
for the employees, because they after having possessed the Fund’s amount
have themselves invested it in an impermissible scheme.
15.6.16 Retirement money and interest on it
Q) TIAA/CREF Retirement Money
I am an associate professor of electrical engineering working for Mercer
University in Macon, Georgia USA (hereafter called the "university" in this
document). I joined the university in September 1988. One of the benefits
in my contract was that the university would deposit 10% of my salary into
the retirement account with TIAA/CREF. This amount could not be taken by
me till I retire. I could also add up to 10% from my side to the 10% that the
university would deposit. (I decided not to add anything to it, so the only
contribution going to these two accounts was the 10% that the university was
sending every month). The TIAA account is an interest-bearing account but
CREF is a stock market account. When I joined, I had the impression that I
had to divide the amount equally between TIAA and CREF. Later I found
out that I had the option to decide what percentage of it goes to TIAA and
what percentage goes to CREF. Since TIAA is an interest-bearing account, I
decided in July 1990 to make a 100% contribution to the CREF account and
0% to the TIAA account.
In the past eleven years, the TIAA account had grown to about $7735, out of
which $3545.76 is part of the 10%, which was being added to my account till
July 1990, and the rest of it is interest money.
The CREF account has been earning profits in the stock market, and it has
doubled to approximately $102,470 and I estimate that about $45,000 is from
the 10%, which was being added by university on my behalf, and the rest of it
is profit from the stock market. The CREF account portfolio consists of a wide
range of companies where the money is invested.
My age is 44 years and I can either retire now or wait till my age is 59.5 years.
Here are a few questions I want to ask:
1) If I retire now (I am retiring w.e.f. Jan 1, 2000) and get the account
"annuitized", I will get about $350 per month. Approximately $300 is the
profit on the CREF stock account, and the remaining is the interest on the
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$7735 in the TIAA account. Obviously, the interest part is not HALAL.
How much of the $300 portion from CREF is HALAL for me. Please note
that the CREF money is invested in hundreds of different companies.
2) What should I do with the portion of the monthly income that is
interest money.
3) If none of the CREF profits is HALAL for me, can I consider the first
few years of income as a pay back of the contribution (10% of my salary)
that the university was making to this account on my behalf. (After I
receive all my money, I can then stop taking it).
4) What other options do I have in this situation.
Note:
I have now been told about another option in which the entire CREF money
can be cashed any time with some penalty and about 40-45% taxes. The TIAA
amount can be cashed in 10 years with about 35% taxes.
A) Here are answers to your questions:
1) All the money contributed to the retirement account from your
salary is your money, and you can take it back in whatever manner you
prefer. On the other hand, all the income added to your account by way
of interest with your choice and consent is not Halal. As for the income
derived through CREF which was invested in stocks, it needs research
on your part about the companies in which this money has been invested.
The income derived through those whose main activities are Halal like
textile mills, automobile engineering industry etc. The income derived
through these companies are Halal, but if there are some companies
which are mainly engaged in prohibited activities like banks, insurance
companies, liquor producing factories, clubs and casinos etc, their income
is not Halal. Since the list of these companies are very long, you should
cautiously estimate how much proportion of these stocks is Halal e.g. if
you come to the conclusion that 50% of these stocks were Halal stocks,
you can retain 50% of the income derived through CREF.
2) The interest income from the impermissible income of CREF may
not be used by you for your own benefit, and it should be given to a
charity
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3) As explained in No.1 you are entitled to get back the original money
which was deducted from your salary, therefore, it is permissible for you to
consider the first few years' income as pay back of your original contribution,
and once you have received all your money you can stop utilizing it.
15.6.17 Difference between rent and interest
Q) I know that the Riba (interest system) is Haram. But some people say that
if money taken from renting a home is Halal, then the profits through bank
should also be Halal. What the Shari'ah says.
A) There is a big difference between renting a home and lending money on
interest. For this discussion please see the book of my father Maulana Mufti
Muhammad Shafi: "Distribution of Wealth in Islam" and my book "Historical
Judgment on Interest".
15.6.18 Ex-gratia received from a conventional bank

Q) One of my relatives who was working in a non-Islamic bank has got
Golden handshake and earned money around 20 lacs. I told him that this
money is not Halal for you, and to make it Halal you should exchange this
money to non-Muslim (the suggestion that I heard from someone).
But he told me that firstly, it is very hard to find a non-Muslim to exchange
such a large amount of money in Pakistan. Secondly, if we manage to find
non-Muslims how can we trust him. Please guide according to Shari'ah.
A) It is not correct to exchange this money with a non-Muslim. The best
way in this case is that the person who has acquired this money should either
give it to charity instantly, or he may use it for his business with the clear
intention that he will donate this amount to a charity, though gradually. If he
has this intention truthfully, then it is hoped that the benefit he derives from
that amount will be forgiven by Allah Taala, (see Fiqhul-Buyoo' v.2 p 1011,
Paragraph 505) but he must keep on giving the undertaken amount to charity.
15.7 Leasing
15.7.1 Leasing of motor cars and machinery

Q) Can Motor cars and Machinery be leased to the clients on the following
basis.
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1) Leasing only.
2) Leasing with an option to purchase at the price at which the vehicle
was initially purchased. Cars leased will be provided only if a stated
percentage of either 20% or 30% (as mutually agreed) of the vehicle,
or equipment or machinery value is left as a guarantee and would be
returned at the end of the lease period.
A) Leasing is permissible in Shari'ah subject to the condition that the leased
assets are owned by the Lessor, and he will have to bear the risk relatable
to the Corpus of the leased assets through the lease period. Therefore, if the
leased asset is destroyed due to some unavoidable natural calamity, the owner
will have to suffer the loss. Any condition to the contrary, as in vogue in
the contemporary financial leases, will render the contract of lease void in
Shari'ah. It is not permissible in Shari'ah to link the Contract of lease with a
contract of sale at the end of the leased period. The contract of lease should
be independent, and it will be open to both the parties at the end of the lease
period to enter into the contract of sale or not to enter into it. If the contract of
lease is subject to the condition that the owner shall sell the leased asset at the
end of the lease period to the Lessee, the contract shall not be valid.
Therefore, this condition should be avoided as far as possible.
The Lessee can be asked to deposit with the Lessor a certain amount as security
for the prompt payment of the periodical rent. This amount shall remain as a
deposit with the Lessor and shall be refundable to the Lessee at the end of the
lease period.
15.7.2 Leasing a car based on operating lease is permissible
Q) I am living in the USA. I have to travel long distances with family
including two small children in snow weather, I have the following question:
Is leasing a car allowed in any circumstance or condition. Is there any leasing
that does not involve interest.
A) If a company leases you a car according to the terms and conditions of
an operating lease, it is permissible for you to take the car on lease. But most
conventional leasing companies lease the cars on the concept of financial lease
and contain many conditions which are not in conformity with Shari'ah.
For the full details on the question of leasing you may study my book "An
Introduction to Islamic Finance’’, published by Idaratul Ma’arif, Darul Uloom,
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Karachi.
15.7.3 Sale and lease back based on Ijara

Q) Is ‘Sale and Lease Back’ of property allowed on the basis of Ijara Wa
iktina as offered by some banks.
A) Sale and Lease Back’ is permissible with certain conditions. Firstly, the
sale contract must not be conditioned with the onward lease. Secondly, the
lease contract must not have a condition to sell it back to the lessee, or to give
it to him as a gift. Therefore, the sale contract should be independent of Lease
(Ijara) contract. However, after concluding the lease, the lessor may give a
unilateral promise to the lessee that the property will be sold or gifted to him.
15.7.4 Leasing contract with an interest clause

Q) I leased a minivan after a search of a good deal without interest, today I
picked up the vehicle. While signing the documents I discovered the additional
charge to the total amount of the vehicle under the heading of "Rent Charge".
On inquiring, accountant told me that this is the interest charged by the leasing
company under a different name. I signed the remaining documents and brought
the vehicle with me. Now I am puzzled that I am not in a position to buy a
vehicle, neither want to take a loan and pay direct interest. I was not informed
about the interest thing during the negotiations of the contract. Now if I break
the contract, I have to pay the penalty of terminating the contract before time.
A) The correct nature of the lease cannot be ascertained without going through
the agreement of lease. Conventional leasing companies normally have
certain clauses which do not conform to Shari'ah but it is not necessary that
the rent charged is always analogous to interest. Since you have entered the
lease without knowing that there are some clauses contrary to the principles of
Shari'ah, it is hoped that Allah Almighty will forgive you and if the termination
charges are not bearable by you then you may continue with the lease and at
the same time make istighfaar with a firm resolution that you will not enter
into a lease contract of this kind unless it is certified by a Shari'ah scholar to
be in consonance with Shari'ah principles.
15.7.5 The rebate on early payoff is permissible

Q) I financed my car through an Islamic Bank over two years period. They
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claim it’s Islamic way of financing does not include Riba. Car cost of 61,000
dirhams and I had to pay them total of 68,000 dirhams over 24 months. I paid
off total in 16 months so as a gift, they gave me 1170 dirhams. Is this money
permissible to use.
A) Since you have purchased the car before the end of the lease period you
were not supposed to pay rent for remaining six months, therefore, you have
been given the advantage which was deserved by you, and therefore you can
use this money for your own purpose.
15.7.6 Auto finance on hire purchase, not fully compliant

Q) The auto finance is, I believe fairly simple to do under forfeiting approach
through a third party-dealer. In this way ownership is retained until all the
rentals have been paid under Ijara wa Iktina principle.
A) You have suggested that it should be on the basis of hire purchase. The
concept of hire purchase is not fully in accordance with Shari’ah. The acceptable
form of such a finance should be either on the basis of leasing where at the end
of the period of lease the lessor would be at liberty either to repossess the asset
or sell it to the lessee himself or to any other party. The price of the sale can be
determined at that stage by mutual consent. It may be its depreciated value or a
nominal value or whatever price they may agree upon. The second acceptable
form of Auto Finance may be on the principle of decreasing partnership as
explained in my reply in another section of this chapter.
15.7.7 Buying a repossessed car from a financial institution

Q) Usually, the financial institutions here sell cars on loans. Due to their
clients unable to pay the installments they repossess the vehicle. This vehicle
now belongs to this financial institution. My question is, can a Muslim purchase
this vehicle from this financial institution on a loan from same institution with
a fixed sale price and without missing any month’s installment on its time.
A) If the car is possessed by the financing institution to recover its principle
amount then it is permissible to purchase a car from that Financing Institution.
However, if the car has been acquired for the recovery of interest then it is not
permissible.
15.7.8 Purchase of leased car at mutually agreed price

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Q) Leasing is considered a Halal mode of financing, as the periodic payment

is for the use of car.
Is it Jaiz / Halal to buy out the same car at the residual value established at the
time of leasing the car.
A) If the lessor agrees, the lessee may purchase the leased car at any mutually
agreed price, which can also be its residual value calculated at the beginning
of the lease. However, forward-purchase in which the purchase transaction
becomes effective automatically on payment of all rental amounts without
effecting the transaction at the time of purchase is not permissible. (See
AAOIFI’s Shari’ah Standard No. 9; Clause 8)
15.8 Credit Cards
15.8.1 Permissible ways of using Credit Card

Q) Credit Card seems to be the future of money and sometimes, it is the only
way of buying at certain places. So, I have three questions:
1) If the payments of the credit card bills are made to the Credit Card
company on due date, whether its use for buying will be Halal or not.
2) If the payment is sometimes delayed and made with additional
charges, what will be the Hukm.
3) If someone draws some cash from the Cash Machines against the
limit he has been assigned by the credit card company, whether the use of
this cash amount will be Halal.
A) (1&2) The best way to avail of the services of a credit card company
is to have a direct debit arrangement with the issuer of the card. It means
that as soon as an amount is due on the cardholder, the issuer receives it
by debiting the cardholder’s account with it or any other bank. This is to
eliminate the chances of the accrual of any interest on the payable amount
in case of delay in payment. However, if direct debit arrangement is not
possible for any reason, purchasing through a credit card is permissible
only when the cardholder is fully confident that he will pay the bill to the
issuer within the due date and there is no apprehension that any interest
will accrue with delay in payment.
3) Drawing cash from a cash machine provided by the credit card
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company is allowed if no interest is charged for the cash drawing. The

company may charge some reasonable lump sum amount for providing
the services of the machines provided that it is not made an excuse for
charging interest.
Q) Is it permissible to purchase items using credit cards like visa and
MasterCard if one pays off the whole sum monthly without incurring interest
even though to take out a credit card one must sign a contract which contains
a clause about interest should the payment be late.
A) The best way for using the credit card for purchases is to arrange a direct
debit system whereby the monthly bill is automatically paid off from your
account. This arrangement is permissible beyond any doubt, because in this
case there is no apprehension that interest is charged against you. However, if
this arrangement is not practicable for any reason one can use the credit card
with the firm resolution that he will pay the bill within the cushion period so
that no interest is charged.
It is true that the contract the card holder is bound to sign contains a clause that
in the case of default after the due date an interest will be charged yet so far as
a Muslim is of firm resolution that he will never default after the due date he
can sign this contract. Such clauses are also found in many other utilities like
electricity and gas bills etc. but it does not render the whole contract as void
or impermissible, if a Muslim is fully convinced that this clause will never be
applied in practice because he will refrain from any default.
Guidance in this respect may be sought from the Hadith in which the Holy
Prophet ‫ ﷺ‬has allowed Sayyidah Aishah ‫ ڤ‬to enter into a deal in which the
opposite party insisted on a condition which was not acceptable in Shari'ah but
the Holy Prophet allowed her to accept this clause on the basis that it will never
be applied in practice. This event is reported by both Imam Bukhari and Imam
Muslim in their books and is well known to the scholars as the event of Berira.
15.8.2 Kinds of Credit Cards & charges

Q) We are most interested in your comments about a Credit Card. If you
have any more information we would be pleased to have it.
A) Your question is about the Shari’ah ruling about the Credit Cards. The
credit cards prevalent in the market today are of different kinds.
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If the card holder has an account in the bank, which has issued the card and the
bills of his purchases are directly debited to his account, there is no problem
with such an arrangement, because there is no possibility of the charge of
interest because the bank charges interest only in a case where the card holder
defaults in the payment of bills.
In the case of direct debit there is delay but if the card is not obtained on the
basis of direct debit system, some contemporary scholars are of the view that
this type of card should not be used by a Muslim for the reason that it may
happen that the card holder delays in the payment of the bill of the issuer of
the card (the financial institution) whereby he will be liable to pay interest. But
in my personal view as well as in the view of some other Scholars, if a card
holder is confident that he will pay the bills within the specified period without
fail he can avail of this credit card and should always be cautious to pay the
bill promptly before any interest is due thereon.
As for the initial fee or the annual fee charged by the issuer of the card, it
cannot be taken as interest because it has no relation with the amounts of the
bills actually paid by the bank. It is a service charge for undertaking certain
service facilities to the card holders, hence they are permissible in Shari’ah.
The third aspect of the credit card is that the issuer of the card charges a certain
discount from the merchant who accepts a credit card. Some contemporary
Scholars are of the view that it is analogous to discounting of the bills of
exchange but my view is different, which is also supported by the view of
many contemporary Scholars.
I feel that this discount or commission charged by the issuer of the credit
card is analogous to commission charged by a broker. It is evident that the
card facility brings a large number of customers to the merchants. Had he not
entered into such an arrangement with the issuer of the card, those customers
would have not come to him, therefore, the issuer of the card is the basic cause
for securing good customers for the merchant and he can rightfully charge a
commission on this service rendered to the merchant.
This is my view about the general credit cards i.e. American Express, Master
Card etc.
15.8.3 The annual fee charged on a credit card
Q) The scholars of Fiqh Academy have approved the use of credit cards as
reported by Arab News, 15 May.
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As you know, banks charge a fixed annual fee for credit cards use. Can I ask
the bank to issue a credit card to me and offset their annual fee against the
interest which I do not take from them.
A) The report of Arab News is not correct. In fact, the Islamic Fiqh Academy,
after a preliminary discussion on the issue of credit cards, has deferred the
matter to the next session without adopting a specific resolution in this respect.
However, in my view, the annual fee charged on a credit card cannot be termed
as interest or Riba. In fact, it is a service charge claimed by the issuing bank
from the card holder against the different services provided by it. That is why
the amount of this annual fee is never linked with the actual amount paid by
the bank to the merchants on behalf of the card holder. This annual fee is
charged even if the card holder does not use the card throughout the year. The
fee charged is a lump sum irrespective of the actual amounts of purchases.
Moreover, the annual fee is so nominal that it has no relation to the prevalent
rate of interest. Practically, the issuing bank or institution has to provide
different facilities to the card holder, and the annual fee is not more than a
reasonable charge for such services.
It is thus clear that the annual fee for the credit card is neither interest nor any
impermissible charge according to Shari’ah, and it is a valid charge for the
services rendered.
Therefore, it will not be permissible in Shari'ah to offset this annual fee
against the interest accrued to the card holder in the same bank. The reasons
are twofold.
Firstly, it is not permissible in Shari’ah to open an interest-bearing account.
Surplus money should always be deposited in a current account where no
interest is receivable.
Secondly, if somebody has deposited his money in an interest-bearing account
erroneously he cannot use the amount of interest for his own benefit nor can
he use it to settle any rightful claim against him. Since the annual fee of a
credit card is a rightful claim against the card holder, he cannot set it off by the
amount of interest accrued on his account.
15.8.4 Use of credit cards by an individual & by a seller

Q) Kindly throw some light on the use of credit cards, which are floating in
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the market. Majority of these cards belong to professional banking institutions,

such as American Express, City Gold Card etc. However, some cards are issued
by companies such as Diners club etc, which are not themselves banking
institutions. Please explain the ruling of Shari'ah about both these cards.
In your reply please cover both the aspects of using credit cards, first as holders
of the card, used to offset the purchase price and second, when we accept these
cards as sellers.
A) The use of credit card by a purchaser is allowed in Shari'ah, no matter
whether the card is issued by a banking institution or some other company.
However, the following points must be borne in mind in this respect:
1) The best way of using these cards is to open an account wherefrom
all the amounts owing are debited by the issuing company to avoid the
possibility of default which may in some cases, carry the risk of interest.
2) If the system of direct debit is not arranged, one must always be
careful that he pays the bills within the stipulated time without fail, so
that interest may not be imposed upon him.
3) The annual fee paid by a card-holder to the card-issuing company
is not interest, rather it is a fee charged for certain services rendered
by the company for the benefit of the holder. That is why it is charged
irrespective of the amount actually spent by the holder.
The second question is whether it is permissible for a seller to accept credit
card. This question has been a point of debate between the contemporary
scholars of Islamic jurisprudence. Some of them are of the view that the
amount charged by the card-issuing company to the shop-keeper is analogous
to interest. They say that it is equal to discounting a bill of exchange, hence
not allowed in Shari'ah.
However, some other scholars are of the opinion that it is not interest. On the
contrary, it is a fee charged by the company for certain efforts undertaken by
it. Firstly, the company has to do a lot of work for the benefit of the seller.
Therefore, the commission charged by it is similar to the commission of a
broker which is undoubtedly permissible. This commission is different from
discounting a bill of exchange, because the rate of discount in a bill of exchange
is always tied up with the period of its maturity, while the commission charged
by the company from the merchant is not so linked. This commission is
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determined irrespective of the time on which the card-holder shall pay the
amount to the company. Therefore, it is just like a commission charged for
brokerage services.
In my personal opinion, the second view seems to be more preferable.
15.8.5 Benefits given by the Credit Card company as rewards

Q) I want to know that when using credit cards some banks give bonus miles
or bonus points for purchases and some other benefits, so please clarify it if
we can use it. I am a follower of Hanafi Deobandi maslak; and I every month
pay total of account without paying an extra cent of interest.
We have asked 1 to 2 muftis from India but they were unable to give explanation
for it as in India the benefits on credit card are just beginning. So please check
it with bank rules and inform me please that it is from interest or from earning
of commission.
A) If Credit Card is used for purchases and the bills are paid promptly
without requiring to pay interest on late payment, it is permissible and the
benefits given by the Credit Card Company as rewards can be availed of. It is
not impermissible to benefit from such rewards.
15.9 Futures, Options, Swaps and Cryptocurrencies
15.9.1 Options, Swaps & Futures Contracts

Q) Why are the present Option, Swap and Futures contracts not permissible.
Is it that the concept of option in buying or selling not recognized by Shari'ah
as valid transactions or is it that we do not presently have a proper structure to
do such transactions in accordance with Shari'ah.
A) The traditional and conventional Options such as Call Option & Put
Option, Swaps and Future contracts are impermissible due to presence of
the elements not accepted in Shari’ah, such as the element of Riba (interest)9
Gharar (Uncertainty)10, lacking of possession in sale transaction11, tying up two
financial transactions in a manner that one is conditional to another12, charging
9 Surah Al-Baqarah 278-279
10 Ṣaḥīḥ Muslim 1153/3
11 Al.Sunan ul Kubrā lil Baihiqī 87/11 and Badāiʿ Al-Sanāiʿ 180/5
12 Sunan Al-Tirmidhi 524/2
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fee against the promise etc. (Detailed reasoning behind the impermissibility
of conventional Options, Swap and Future contracts can be seen under their
specific headings below).
As for the alternatives, we should make it clear that the concept of searching
or introducing Islamic alternatives for each and every conventional product
is not an obligation, nor should it be encouraged until and unless there is a
genuine need, and the purpose is Halal. Although, the purpose of hedging is
acceptable to some extent in Islam, that one may take preventive measures for
the loss that may occur. That is why there are separate chapters in Fiqh books
which deal specifically with the options and rights of the seller and buyer, so
that they may use these rights and options as preventive measures. Shari’ah
gives different kinds of options in financial transactions. For instance, Khiya-
ul-Shart (‫ )خیار الشرط‬for the buyer or seller or for both for a certain period so
that they may think over the transaction or take an expert opinion and then
execute the transaction or refrain from it.
The other example is Khiyar-ul-Aib (‫)خیار العیب‬, in which a purchased item
can be returned to the seller due to a defect not known at the time of purchase.
There are some other options too, and they have their own benefits and
conditions. (A detailed discussion on Islamic Options can be seen in my Arabic
book Fiqh-ul-buyo’u [‫ ]فقه البيوع‬Vol 2, Page 817). But conventional hedging
tools currently used on commercial basis, such as Forward, Future, Swaps
and Options etc. are impermissible due to the aforesaid reasons. However,
to achieve the purpose of hedging, if one has to do the transaction in future
date, he may enter into a promise-based arrangement in which parties may
promise to sell and buy on a specific future date, but the right of buying or
selling arising from the promise cannot be sold like conventional options, nor
can a fee be charged for such promise or right arising from it.
15.9.2 Futures contract

Q) An example of a future contract in shares. Kindly let me know to what
extent this is permissible in Islam.
1) Two individuals, A and B enter into a contract on 1st January 1996
under which A would sell a share of company X at a price of $100 to B
after an expiry of six months. B has an obligation to purchase at this price
irrespective of the market price on 30th June 1996.
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2) If the object of transaction is any commodity, or gold, or silver, or

currency and not share as in the above case, in what way the validity or
otherwise of the contract is affected.
Please note that the non-transferability of rights and obligations severely limits
the possibility of speculation on Futures Exchanges. A commonly held belief
is that future contracts are prohibited when they are used for speculation.
Does this imply that futures contracts are permissible when these are used for
hedging.
A leading Islamic Bank’s Annual Report shows that the bank entered into
futures transaction for hedging its foreign currency risk. One view is that such
hedging may be justified in view of extreme volatility in currency markets
(in my correspondence with a top executive of the said bank, I was given the
reference of a book, Islamic Law and Finance by Chibli Mallat, I still do not
have access to this book).
A) 1) This is an example of a futures transaction. The futures

transactions as in vogue in the stock and commodities markets today are
not permissible for two reasons: firstly, it is a well recognized principle
of Shari’ah that sale or purchase cannot be effected for a future date.
Therefore, all forward and futures transactions are invalid in Shari’ah.
Secondly, because in most of the futures transactions delivery of the
commodities or their possession is not intended. In most cases, the
transactions end up with the settlement of difference of prices only, which
is not allowed in Shari’ah.
More detailed discussion on the Shari’ah aspect of futures transactions
may be found in my Arabic book; "Discussions of Contemporary Juristic
Issues" under the heading "Futures Contracts in Commodities".
2) As futures transactions are not permissible, no rights or obligations
can emanate therefrom. Therefore, the question of transferring these
rights and obligations does not arise.
3) Futures transactions, as explained earlier, are totally impermissible
regardless of their subject matter. Similarly, it makes no difference
whether these contracts are entered into for the purpose of speculation or
for the purpose of hedging.
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15.9.3 Option contract

Q) Examples of option contract in shares. Kindly let me know to what extent
these are permissible in Islam.
1) Two individuals, A and B enter into a contract on 1st January 1996
under which A grants a right to B without any obligation on B’s part. B
under the contract, gets a right to purchase a share of Company X from A
any time on or before 30th June 1996 at a price of $100 (irrespective of
the market price on the day of purchase). B, however, does not have any
obligation to purchase.
A accepts a consideration of $5 from B for granting him his right without
obligations. This is called a call option in shares.
2) A and B enter into a contract on 1st January 1996 under which
A grants a right to B without any obligation on B’s part. B, under the
contract, gets a right to sell a share of Company X to A at any time on or
before 30th June 1996 at a price of $100 (irrespective of the market price
on the day of purchase). B, however, does not have any obligation to sell.
A accepts a consideration of $5 from B for granting him this right without
Obligations. This is called a put option in shares.
3) A and B enter into a contract on 1st January 1996 by which A sells
100 shares of Company X at a price of $100 per share. The transaction
is settled with exchange of cash for the shares. A also grants a right to B
under which B can sell back the shares to A on the expiry of six months,
that is, 30th June 1996 at a price of $120 per share. This right however, is
cancelled if the price of the share increases beyond $120 and remains at
that level for 21 consecutive days before 30th June 1996.
Unlike the previous two instances of transactions in pure options, the
above is a case of option as an additional feature of an equity sale and
purchase.
4) If the object of transaction is any commodity, or gold, or silver,
or currency and not share as in the above three cases, in what way the
validity or otherwise of the contract is affected.
A) 1-2,4) According to the principles of Shari’ah, an option is a promise
to sell or to purchase a thing at a specific price within a specified period.
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Such a promise in itself is permissible and is morally binding on the

promisor. However, this promise cannot be the subject matter of a sale or
purchase. Therefore, the promisor cannot charge the promisee a fee for
making such a promise.
Since the prevalent options transactions in the options market are based on
charging fees on these promises, they are not valid according to Shari’ah.
This ruling applies to all kinds of options, no matter whether they are call
options or put options. Similarly, it makes no difference if the subject
matter of the option sale is a commodity, gold or silver, or a currency; and
as the contract is invalid ab-initio, the same cannot be transferred.
3) This contract has two aspects; Firstly, if the option of selling back the
shares to A has been made a precondition of the original sale transaction,
the whole transaction will be invalid because, according to Shari’ah, a sale
transaction cannot accept such a condition. Secondly, if the option is an
independent promise without being a pre-condition for the original sale,
no fee can be charged for such a promise as mentioned earlier. Although
a complimentary promise of this kind is permissible in Shari’ah, it cannot
serve the purpose of the option market.
15.9.4 Share option

Q) I need to know if the following share trading is permissible in Islam.
Share options give you the right to buy or sell a share at a certain price within
a fixed time period. You pay for the option but you don’t have to exercise it.
You can also buy options on future contracts, interest rates and currencies in
the same way. The price you pay for the option is called the ‘premium’, and
the price at which it is agreed that you may buy or sell the shares or futures
contract is called the ‘exercise price’ in the UK.
The price that you pay for an option depending upon the period of time allowed
until the option expires (the longer it is the more expensive the option), and
also upon the difference between the ‘exercise price’ and the current market
price of the shares or futures contract.
Options give you leverage. All you have to pay is the price of the premium to
make a bet that the exercise price will be better than the market price at some
point before the option runs out. You don’t have to come up with any more
money unless you, already know you have won your bet. There are two kinds
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of options, ‘puts’ and ‘calls’. A call option gives you the right to buy, and a
put option gives you the right to sell. Traded options enable you to buy or sell
your option if you win the bet, instead of buying the shares or other securities
themselves.
Examples, call options
Suppose you think that shares in Company X are going to go up in the next
three months. You can buy a three-month call option on 1,000 shares at say,
184p; the premium will be 18p per share, so you will pay 184 plus dealing
costs for 1,000 shares. If the share price is at 187p after 3 months, you could
exercise the option to buy in the hope that the share price will continue to rise;
you will have spent 184 + 18 + 202. So, not counting dealing costs, the shares
will have to rise above 202p for you to make a profit.
Put option
Suppose that you think company X’s shares are going go down in the next
three months. You can buy a put option for 18p per share for 1,000 shares at
184p per share. if the shares go down to, say, 150p per share, you can exercise
your option by ‘putting’ it on to an option dealer, forcing him to buy your
shares for 184 per share, which you now exercise your right to buy for 150p
per share, and pass them on to him. The cost to you, not including dealing
charges, is 150+18=168, so your profit is 184-168=16 per share. Since your
broker can conduct both transactions quickly, you won’t have to come up with
all the money to buy the shares.
A) The trading of options as in vogue in the stock markets and as explained by
you in your question is not permissible in Shari'ah. Firstly, because the option
is not something tangible, which can be bought or sold and secondly, because
this transaction has an element of Gharar or Qimar (gambling). Otherwise too,
these derivatives have brought negative results on the economy. For details you
may consult the book: Apocalypse Roulette: The Lethal World of Derivatives
by Richard Thomson, Published by Macmillan Publishers Ltd, London. 1998.
15.9.5 Islamic Swap

Q) An example of an Islamic swap used by some Islamic banks. Kindly let
me know to what extent this is permissible in Islam.
Two banks enter into an agreement to exchange deposits for a period of six
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months in different currencies on 1st January 1995 at the prevailing exchange

rate. Bank A exchanges Rupees 30 million with Bank B for US Dollars one
million, and the Rupee-Dollar exchange rate prevailing on the date is 30:1.
During these six months, each bank utilizes the deposits it received at its own
risk. At the end of six months, Bank A pays back one million dollars to Bank
B and receives Rupees 30 million from it irrespective of the Rupee-Dollar
exchange rate prevailing on June 30, 1995, for example, the Rupee-dollar
exchange rate might have become 35: 1 or 25: 1 on June 30, 1995. Is this
contract Islamically permissible.
A) It is one of the principles of Shari’ah that two financial transactions
cannot be tied up together in the sense that entering into one transaction is
made precondition to entering into the second. Keeping this principle in view,
the swap transaction referred to in the question is not permissible because the
deposit of one million dollars has been made a precondition for accepting the
deposit of 30 million rupees. Since both parties will use the deposits for their
own benefit, they are termed in Shari’ah as loans (Qardh) and not as trust
(Wadee’ah). Therefore, advancing one loan has been made a precondition
for receiving another, which means that two financial transactions are tied up
together which is not permissible in Shari'ah.
Even if the transaction is taken as a sale of dollars with rupees and vice versa,
the first sale is conditional with the second sale, which again is not permissible.
15.9.6 Trading in Cryptocurrencies

Q) What is the current Shari’ah status with respect to trading in
cryptocurrencies.
A) For now, we are not satisfied with it. It is mostly being used for speculative
purposes. Personally, it seems to me impermissible in principle. However, it
could happen that in future, its use may expand for real trade and we might
have to revisit the current decision.
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Chapter 16
Insurance 543
CHAPTER
16
16.1
Insurance
What is Islamic Insurance & how can it be practiced 543
16.2 Prevalent Commercial Insurance impermissible 548
16.3 Organising Insurance business 549
16.4 Insurance cover for employees 550
16.5 Professional Indemnity Insurance 551
16.6 Car insurance as required by law 552
16.7 Insurance of vehicles for the safety of drivers 553
16.8 Insurance claim received on a stolen car 553
16.9 Insurance claim in excess of the cost or premium paid 554
16.10 Insurance of Mosques 555
16.11 Payment of Surplus in Takaful Arrangement 555
16.12 Takaful cover to a pawn broker 555
16.1 What is Islamic Insurance & how can it be practiced
Q) A lot has been written and discussed about the Islamic Banking and there
is a good deal of awareness of the interest being Haram as presently practiced
by conventional banks. There are several Islamic Banks operating today
making it possible for those who wish to avoid dealing in interest for all their
personal and business needs.
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544 Insurance
However, the same level of discussion and written material is not available,
nor is the same level of awareness there on the topic of Insurance as being
currently practiced.
What is the Islamic point of view of conventional Insurance and how an
Islamically acceptable insurance should be practiced for all types of insurance,
life, medical and all forms of commercial insurance.
I shall be grateful if you would kindly comprehensively explain so that one
can have an outline understanding of what the issues are and how an Islamic
Insurance will function in practice.
A) The basic difference between the conventional insurance and the Islamic
insurance (named as Takāful) is that the former is a commercial transaction
between the Insurance company and the policy holders in which payment from
policy holders is obligatory and certain, while the payment of compensation
from the insurance company depends on the occurrence of an uncertain event,
and therefore it is not certain.
On the other hand, takaful is not a commercial transaction. It is a cooperative
arrangement in which the participants donate to a pool established to help
and compensate the participants for a stipulated loss they suffered. There is
no commercial transaction between the pool and the participants. However,
in order to manage the pool, an operator is hired by the pool for a fee. The
operator itself is not a party of any transaction with the participants. It is a party
in a hiring transaction by the pool. Therefore, the pool is totally independent
from the capital of the operator.
The conventional insurance is not permissible in Shari'ah for two reasons. Firstly,
Shari'ah does not allow a commercial transaction in which payment from one side
is certain, and payment or delivery from other side is contingent and not certain.
Such transactions are based on Gharar, and sometimes on Qimar (gambling)1.
Conventional insurance, being a commercial transaction of this nature, is not
permissible. The second reason is that if the insurance contract contemplates
payment of a certain amount of money from the insurer to the policy holder, such
as in the case of life insurance, and in some cases of general insurance, it is a
transaction of money for money which requires equality on both sides, and any
extra amount from one side makes it a transaction of Riba (interest).
1 Tabyīn ul Haqāiq M’a Hashiyah Al-Shiblī 46/4, Fathul Qadīr Kamāl Ibn ul Humām 512/6,
AAOIFI Shari'ah Standard No. 31 on Gharar, clause 2/1 and Appendix B of Shari’ah Standard No. 41,
Al-Tʿreefāt ul Fiqhiyyah Page 177
Chapter 16
Insurance 545
Therefore, all forms of the commercial Insurance prevailing in conventional

insurance companies are against the Islamic principles because they either
have an element of Riba (interest) or Qimar (Gambling) or both. The question
was also put before the Second Annual Session of the Islamic Fiqh Academy
(established by the OIC) in Jeddah where all the Muslim countries were
represented through their eminent scholars. After a comprehensive discussion,
the Academy has adopted the unanimous resolution that the prevailing forms
of insurance are not permissible in Shari’ah (Please also see 16.2 below).
On the other hand, Islamic Insurance (Takāful) practices are entirely different,
as aforesaid. Contrary to conventional insurance, instead of a commercial
transaction, it is merely a cooperative arrangement based on Tabarrʿu
(donations) to a pool that takes care of its participants, and no one from the
participants gets a profit through his contribution. That is why it is free from
interest, gambling, or commercial uncertainty.
There are different Takaful models that are currently being practiced around
the world. However, in my opinion, the most appropriate Takaful model is the
one based on Waqf.
In simple words, Waqf is to dedicate one’s property for a religious or a
charitable purpose. The properties, after being declared as Waqf no longer
remain in the ownership of the doner2. The beneficiaries of a Waqf can benefit
from the corpus or the proceeds of the dedicated property, but no one owns
this fund but it is dedicated only to please Allah Almighty. However, Waqf is
a legal entity that may own assets3 and may sue and be sued.
1) Under this model, a Takaful Fund/Pool based on Waqf may be
established by any person. Obviously, this pool has to be managed by
someone. Therefore, the pool hires an entity for that purpose. It is called
Takaful Operator (usually a Takaful company). Although the waqf fund
may be established by any person as aforesaid, but in present practice, the
Takaful Company itself creates the Waqf fund, which is not a preferred
practice. It is preferable from Shari'ah point of view that Waqf pool is
established by some other entity.
2) Once Takaful fund is formed, the participants who are interested in
this cooperative arrangement, make their contributions to the fund from
2 Al-Fatāawā Al-Hindiyyah 350/2, Al-ʿInāyah Sharhul Hidāayah 203/6

3 Al-Fatāawā Al-Hindiyyah 460/2, An Introduction to Islamic Finance Page 154-155
Chapter 16
546 Insurance
which they themselves may benefit, like the one who donates to a free
hospital, still he is entitled to free treatment from it along with others.
Usually, the people who subscribe to this fund are the ones who are
susceptible to some risks. The terms and conditions for giving benefits to
the participants are mentioned in a document (usually called Waqf Deed).
3) The purpose of establishing Waqf fund is to protect the participants
against specified losses. Donations made by the participants to the Waqf
Fund vest in the waqf, and not in any commercial entity.
4) This fund is then further invested in Shari’ah compliant avenues
to gain profits. Investment is usually based on Mudarabah in which the
Takaful fund is the investor and Takaful Operator is Mudārib who is agent
of the pool in investment business. Profit achieved through the business is
distributed between the pool and the operator as per the agreed ratio.
5) After compensations are given to the participants according to the
terms of Waqf Deed, if there is a surplus in the fund, it is owned by the
fund itself and may be disposed of in different manners according to the
Waqf Deed. It may be held as reserve, or can be given to a charity or
distributed among the participants themselves as a gift.
6) The above details are particularly related to the General Takāful
which is established to cover the losses caused to the assets such as cars,
machines, ships etc. There is another type of Takāful which is established
for the individual or groups. This is called Family or Group Family
Takaful.
7) The main difference between family and general Takāful is that in
Family Takāful there comes another investment fund for the participants,
other than Waqf fund. This particular investment fund is owned by the
participant and managed by the Takaful Operator usually on Wakalah
basis. The profit of this fund belongs to the participants, and Takaful
Operator charges a fee against managing the fund. (For more details,
please see the book "Takāful Ki Sharʿī Hesiyat" by Dr. Esmatullah shb).
Some of the key differences between conventional insurance and Takaful can
be seen in the table mentioned below:
Chapter 16
Insurance 547
Section Takaful Conventional Insurance

Nature of Takaful is a non-compensatory Insurance is a compensatory
Contract contract contract
Risks are transferred from policy
Risks of members are shared on
Strategy buyers to insurance company
cooperative principles
(Policy seller)
Contribution paid to the Waqf
Contribution/ belongs to the Waqf fund; the premiums paid by policy buyers
Premium Operator is not the owner of belongs to the insurance company
this amount.
If there is any surplus at the The surplus after covering the
end of financial year, it belongs losses of the participants is the
Surplus
to Waqf fund and it may be commercial profit of the insurance
distributed among participants company.
Investments are made in Usually, the investments are made
Investment Shari'ah compliant avenues on in loans and non Shari'ah compliant
the basis of Mudarabah contract securities
At the time of issuing a
policy, apart from the best
underwriting techniques, it There is no consideration to
Underwriting has to be made sure that the compliance with Shari'ah, neither
Policy asset intended to be insured in insured assets, nor in the income
is Shari'ah compliant, and the of the policy holder.
participant’s income is assumed
to be Halal.
Payable from Participant’s Payable by the insurance company

Claims/Benefits
Takaful fund (Waqf Fund) from its own capital.
In case of deficit in Waqf fund,

the participants have to bear
The company is responsible
it, unless the takaful operator
to pay the policy holders their
is agreeable to advance an
Deficit dues according to the contract of
interest-free loan to the takaful
insurance, and may thus suffer the
fund, payable by the fund to the
loss.
operator when the fund is in a
better financial position.
A Shari’ah Board/Advisor
There is no concern for any
is an integral part of any
Shari'ah operation being compliant with
Takaful setup which supervises
Supervision Shari'ah, hence no need for such an
all activities of the takaful
authority.
company
Chapter 16
548 Insurance
16.2 Prevalent Commercial Insurance impermissible
Q) Is car insurance permissible. The photocopy of an article published in

"Arab News" is enclosed wherein it is held that car insurance is perfectly
permisslble and it is not against the concept of "Tawakkul" or "Taqdeer".
Please explain whether or not this viewpoint is correct in Shari’ah.
A) I have gone through the enclosed article, and I am sorry to say that the
viewpoint mentioned therein does not reflect the correct position of insurance
according to the principles of Shari’ah as recognized by the overwhelming
majority of the contemporary jurists.
In fact, all forms of the commercial Insurance prevalent in the traditional
Insurance companies are against the Islamic principles because they have
either an element of Riba or the element of qimar or gharar.
The basic cause of the impermissibility of the current methods of insurance is
not that the insurance is against the concept of tawakul or taqdeer, it is rightly
mentioned in the article of "Arab News" that taking a precautionary measure
against a possible loss or seeking a safe-guard against an accident does in no
way contravene the concept of "Tawakkul" (placing one’s trust in Allah) and
of "Taqdeer"(Allah’s will and destiny).
However, like any other act in this life, every measure of precaution must
conform to the principles of Shari’ah and should not in any manner cross the
limits prescribed by the Holy Qur'an and Sunnah.
It is a well settled principle of Shari’ah that every transaction between two
parties in which the payment by one party to the other is certain and mandatory
while payment by the other party depends upon a contingency (which may or
may not occur) is included in qimar and gharar and is, therefore, unlawful.
The insurance of cars or other goods with the traditional Insurance Companies
is a commercial transaction in which the person who wants to insure his goods
is bound to pay a premium to the company in accordance with the prescribed
conditions. This payment is certain and mandatory without which an insurance
is not possible. But on the other hand, the payment by the company is not
certain. It is contingent upon an event or accident which may or may not
occur. If the accident takes place, the company is bound to pay an amount
far higher than the amount of the premium paid by the insured, but if the
accident does not take place, the company does not pay to him anything and
Chapter 16
Insurance 549
the premium paid by him goes without any return. In other words, the insured
is bound to pay in any case while the company may or may not pay. Such
kind of transaction is termed as gharar and Qimar and is strictly prohibited in
Shari’ah.
Moreover, if the accident takes place, the amount of insurance is paid to the
insured as a consideration of the amount of premium. It is again repugnant
to the well-settled principle of Shari’ah that where money is exchanged for
money, both the amounts should be equal in quantity. Any increase on either
side is ‘Riba’ which is clearly prohibited by the Holy Qur'an and Sunnah.
It is for these reasons that all the prevalent forms of commercial insurance have
been held by the majority of the contemporary Muslim jurists as prohibited.
This subject has been thoroughly discussed in different international seminars
and conferences. Lastly, the question was also put before the Second Annual
Session of the Islamic Fiqh Academy (established by the OIC) in Jeddah
where all the Muslim countries were represented through their eminent
scholars. After a detailed discussion of the subject, the Academy has adopted
the unanimous resolution that the prevailing forms of insurance are prohibited
in Shari’ah. However, the Muslim countries can develop their own system of
insurance through the concept of takaful, waqf etc.
However, it should be remembered that since third party insurance is a
mandatory legal requirement for every car-owner, he can effect this kind of
insurance, because it is not possible for him to avoid it. However, if he receives
any amount over and above the total premium paid by him to the insurance
company, he must give it to charity.
16.3 Organising Insurance business
Q) Is it possible to carry on insurance business on the transactions between

two Muslim States or a Muslim and non-Muslim State.
A) Interest is not permissible on economic/financial transactions occurring
between two Muslim countries. Muslim countries can eliminate interest from
their economy provided they make sincere and serious efforts. What is needed
is to muster the public confidence. When this is achieved, the Islamic state can
realize more tax revenue through extra taxes as well as through interest-free
loans and voluntary contributions. Then, there may not be any need to raise
interest-based loans.
Chapter 16
550 Insurance
Even if there is a need to having financed by other countries, it may be done

using Islamic modes, like Murabaha, in which case the amount received will
always be related to specific projects and it may not be used for extravagant
activities at the choice of the rulers.
The Islamic state provides for risks of poverty, sickness or any other calamity
from the Bait-ul-Mal, Zakat-based social security. Insurance administered by
the State take care of incidences of this nature.
Insurance business can be organized in the private sector on the basis of the
principles of cooperation and mutual security. The important thing is to ensure
that the elements of Riba and gambling do not enter into the functioning of the
insurance business. This can be done by forming mutual insurance companies
where policy holders contribute to the insurance fund by way of gifts. The
insurance fund may be invested on the basis of Mudarabah and may also be
available as Qarz-e-Hasan4 to the policy holders. The payment to a policy
holder at the time of any calamity may be considered as a gift from the rest of
the policy holders. The profits earned on the insurance fund may be distributed
on the basis of the relative contributions to the fund.
The above-mentioned insurance scheme may be Islamically acceptable with
certain conditions.
16.4 Insurance cover for employees
Q) 1) Is it Jaiz (permissible) to take an insurance policy from a conventional

insurance company to cover our employees against liability in the
following circumstances:
- Injuries that may be suffered by workers (company employees)
due to accidents in the course of their work.
- within the company’s premises
- whilst travelling in company vehicles.
- Injuries that may be suffered by innocent parties involved in
accidents within the company’s premises or in company vehicles.
In the case of motor insurance, it is a statutory requirement that vehicles
owners must obtain an insurance policy to cover third party risks and
4 Loans which are free of interest, and are advanced solely in order to assist the borrower. (EDITOR)
Chapter 16
Insurance 551
the company complies with this requirement. This is the only form of
insurance cover that the company now takes.
2) Is it jaiz to take out an insurance policy to cover the anticipated medical
expenses of the employees of the company.
3) Most companies offer to meet the medical expenses of the employees
of the company.
A) 1) The permissibility or otherwise of an insurance policy depends on
the nature of the insurance scheme and on the terms and conditions of
the transaction. But, leaving aside the mutual insurance schemes, all the
insurance policies available with the traditional insurance companies
run on commercial basis have an element of interest or qimar or both.
Hence, they are not allowed in Shari’ah. So, it is not permissible to take
an insurance policy from a conventional insurance company in anyone of
the first four situations mentioned in your question.
The prevalent third-party insurance also does not conform to the rules of
Shari’ah. However, being a necessary legal requirement for the use of a
motor car, it is allowed on the basis of necessity only in those countries
where this kind of insurance is compulsory.5
2) The same reply is also applicable here.
3) A company may create a mutual insurance fund of its own for this
purpose. But it is not permissible in Shari’ah to take a policy from a
traditional insurance company.
16.5 Professional Indemnity Insurance
Q) I am currently working as a qualified pharmacist. I have recently been

advised by the company I work with that I should have professional indemnity
insurance done. This is because if somebody was to file a case against me
because of some negligence when dispensing I would be liable to pay for the
cost which would be thousands or even millions of pounds. So, in light of this
information would it be jaaiz for me to have this insurance done. Also, it is not
necessary for me to do this but would be a protective factor in working life.
5. In certain countries, the state establishes a road accident fund by raising a levy from its citizens.
This fund is then used to compensate persons who suffer damage as a result of the negligent driving of
vehicles. Such a fund has nothing to do with Insurance. (EDITOR)
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552 Insurance
A) The Insurance Scheme other than those based on the concept of Takaful
involve a number of prohibited transactions. Therefore, they are not allowed
except in extreme necessity. The indemnity insurance you have referred to is
also among those schemes. Hence, you should avoid it as far as possible.
16.6 Car insurance as required by law
Q) In England to have car insurance is compulsory. Talking to Ulama they

state that third party is only allowed. However, discussing this with my friend
also an Aalim we wanted to know what if fully comprehensive insurance is
cheaper than Third Party insurance e.g. fully comprehensive was £600 and
Third Party was £1000, which happens sometimes. So even in this case would
one have to buy Third Party Insurance or not.
A) Although all the conventional schemes of insurance violate certain
injunctions of Shari'ah and are therefore not permissible, however, if a Muslim
is obligated by the law to have an insurance cover it is permissible for him to
have insurance up to the minimum level required by law. Since third party
insurance is obligatory by law in most countries it has been allowed by the
Shari'ah scholars but if fully comprehensive insurance is cheaper than third
party insurance and it can fulfill the requirement of law and after that one
does not need to enter into a contract for third party insurance then it will be
permissible to have fully comprehensive insurance to meet the requirement of
law. But two points must be kept in mind in this respect: firstly, merely on the
ground that fully comprehensive insurance is cheaper, both kinds of insurance
cannot be held simultaneously if the law does not require to do so.
Secondly, in case fully comprehensive insurance is undertaken to meet the
legal requirement and the insured person is offered a compensation from the
insurance company he should avail of the compensation only to the extent
of the total premiums he has paid to that company so far (it may include the
premium to the same company with regard to some other items also) and the
rest of the compensation must be given in charity.
Q) I am living in the USA. I have to travel long distances with family
including two small children in snow weather, I have the following questions:
1) If I buy a brand new car (without any interest dealing), which type
of car insurance - comprehensive or liability - should I take. Liability
Chapter 16
Insurance 553
insurance, as you know, will not cover anything if I get into an accident
or slip-on snow and cause damage to the car. I will have to pay the total
cost of repair no matter whatever amount. If it is completely destroyed, I
lose all my money on the car which may be 15,000-20,000 dollars.
2) If I lease a car (assuming lease is allowed), I will have to take full or
comprehensive insurance as a rule by the car company (not my choice).
Will that be Jaiz.
A) 1) The liability insurance being a necessary requirement of law for
using a car is permissible, however, the comprehensive insurance is not
allowed.
2 If you take a car on lease, and the lessor insures the car even on
the basis of comprehensive insurance you are not responsible for that in
Shari'ah.
16.7 Insurance of vehicles for the safety of drivers
Q) In our country, the drivers of the vehicles that meet an accident are
immediately sent to jail until a court case is held. This can take six months,
one year or more. If the accident causes injury to any person, the driver is sent
to prison till the injured person recovers.
Can we, therefore, take insurance cover to prevent ourselves from the above
inconveniences since the regulations of our country allow an insured party
that is involved in an accident to be prevented from imprisonment.
A) All the methods of insurance in vogue in our times are unfortunately
based on interest and qimar, therefore they are not permissible according to
Shari'ah. However, in the situation referred to in your question, you can take
an insurance cover in order to avoid imprisonment only, but if the insurance
company pays to you some amount, you cannot utilise it, except to the extent
of the premium actually paid by you to the insurance company.6
16.8 Insurance claim received on a stolen car
Q) A cousin of mine had his car stolen. He has third party insurance. His
insurance brokers with whom he has only been with since the last three months
6. This view is based on the principle of necessity. (EDITOR)

Chapter 16
554 Insurance
and so far paid only £300 in premium. They are willing to pay him £2700 for
this. The question arises is can he take the money and keep the £300 and give
the rest in charity or is this not permissible or should he leave all the money.
Please can you specify.
A) The principle is that a person who purchased an insurance cover can
receive from the insurance company all the amounts of premium he has
actually paid to the Company. It is not restricted to the premium paid for that
specific property, but all the premiums paid for any property may be claimed
back from the company e.g. if the a person insured his car and paid a premium
of $300 to the company, then because of some accident he is offered a claim
amount of $2700 he can retain not only the $300 as a premium of insurance
of that car, but also other premiums that he might have paid for any other
property like house. So according to the above example, if one had paid a
premium of $1000 to the same company as premium of insurance for his
house, he is entitled to retain 1300 out of the amount paid by the company. The
rest must be given in charity – meaning that if the claim amount received from
the insurance is more than the total premium amount paid then the additional
amount must be given in charity.
16.9 Insurance claim in excess of the cost or premium

paid
Q) When a person has an accident with another car. The insurance company
of the other car owner pays a person out fully. The money that they pay is the
market value of the car, and not the actual value. For example, I recently had
an accident; the insurance company of the other person paid me out £2100
pounds whereas I bought my car for the price of £1600 pounds. So, would
the extra money received in this case be Ja’iz or Haram. Also, I have heard
that you cannot claim more than the amount you have paid to the insurance
company. So, in some cases, if the other person is not insure,d then my own
company will pay me out. So, would this money also be Ja’iz.
A) If the car of a person is destroyed by a wrongful act of another person
the owner of the car is entitled to receive the full market value of the car, not
only the original cost of the car, but this market price is the liability of the
person whose wrongful act caused the accident. Therefore, it is advisable that
the aggrieved person receives the compensation from the owner of the car,
Chapter 16
Insurance 555
and not from the insurance company. But if this is not possible due to some
legal procedures in a country, and the amount of compensation is paid by the
insurance company directly to the aggrieved person after receiving it from the
wrongdoer, the aggrieved person can also avail of this compensation.
16.10 Insurance of Mosques
Q) Our masjid is presently under construction and the question arose as to

whether, it is lawful to take out insurance on the building. This issue is pressing
in view of the vandalism which some masajid have been subjected to in the
USA, especially after 9/11 and which we are afraid may occur to our masjid.
A) As you know the business of insurance as practiced in the conventional
insurance companies involves "Gharar" and is therefore prohibited by
Shari’ah. This type of prohibition cannot be relaxed except in a case of extreme
need. I cannot visualize such an extreme need in the case of Masjids in USA:
Therefore, I would not advise you to take an insurance cover for building of
the Mosque.
16.11 Payment of Surplus in Takaful Arrangement
Q) 1) Please re-confirm that no part of the insurance surplus in a Takaful

arrangement based on the Waqf model may be paid to the managing or
operating company for the ultimate benefit of its shareholders. In other
words, such payment is prohibited.
2) Furthermore, please advise whether you support the payment of
an incentive to the employees managing the Fund, (as distinct from
the shareholders), but limited to a maximum threshold of one-sixth, or
otherwise.
A) 1) Yes, no such payment can be contemplated in agreement with them.
2) This may be permissible.
16.12 Takaful cover to a pawn broker
Q) Amana Takaful Sri Lanka is requesting for Shari’ah approval to grant

Takaful cover for the jewelry kept at a pawn broker. Please consider the
following factors on the above query:
Chapter 16
556 Insurance
- This is a Pawn broker based on interest, where money is lent for

interest and jewelry is kept as security.
- Takaful cover is requested only for the mortgaged jewelry.
- The jewelry belongs to the customers, but the pawn broker has
complete stake on it. In case if the customer is unable pay back the loan
amount with interest the Pawn Broker will sell the jewelry and get his
money.
- Takaful cover is requested by the pawn broker.
- Takaful cover is requested for theft.
As per the above details, please advise us whether this Takaful cover is
allowed according to Shari’ah.
As we have already consulted some Scholars, some are of the view that- it
is not allowed because it involves in direct assistance to Haraam, and some
Scholars are of the view that- it is allowed because it doesn’t involve in direct
assistance to Haraam.
We would highly appreciate your comments, to come to a conclusion on this
matter.
A) According to my view Takaful cover to such pawn broker is not
permissible.
Chapter 17
Nikah & Talaq (Marriage & Divorce) 557
CHAPTER
17 Nikah & Talaq

(Marriage & Divorce)
17.1 Nikah / Marriage ceremony 559
17.1.1 The Nikah – Matrimonial ceremony explained 559
17.1.2 Validity of Nikah with two witnesses & consent of girl’s father 561
17.1.3 Mahr and the validity of Nikah 561
17.1.4 Marriage ceremonies in masajid 561
17.1.5 Marriage on telephone / Internet Audio / Video Call 562
17.1.6 Validity of Nikah with only a court marriage 564
17.2 Marriage related issues 565
17.2.1 Can a woman be married for her beauty 565
17.2.2 Forcing the child to marry someone they do not like 566
17.2.3 Marriage of a Sayyeda girl with non-Sayyid 567
17.2.4 Placing conditions in the marriage 567
17.2.5 Engagement (Mangnee) in the light of Shari'ah 567
17.2.6 Dating before marriage 568
17.2.7 Validity of paper marriage for nationality purposes 568
17.3 Marrying with Ahle-Kitab (People of the book) 569
17.3.1 Marriage with Christian and Jewish girls or boys 569
17.3.2 Marriage with a Catholic women 570
17.4 Marrying a non-Muslim 573
17.4.1 Parent’s dealing with a child marrying a non-Muslim 573
17.4.2 Muslim woman marrying non-Muslim hoping husband to accept Islam
later573
17.4.3 A Muslim woman not allowed to marry an Ahl-e-Kitaab man 574
Chapter 17
558 Nikah & Talaq (Marriage & Divorce)
17.4.4 Validity of a marriage if only one spouse accepts Islam 575

17.4.5 Marriage to an Atheist women 575
17.4.6 Newly converted to Islam marrying a non-Muslim 576
17.5 Talaq (Divorce) & its rules 577
17.5.1 Benefit of one Talaq at a time and rules of ‘Iddah (waiting period) 577
17.5.2 Attending Job/Duty by a widow during Iddah 579
17.5.3 Validity of Talaq (Divorce) & three Talaqs without witness 580
17.5.4 In a country where Talaq is not recognised 581
17.5.5 Validity of Nikah due to behavior of husband 581
17.5.6 Dissolution of marriage based on deceiving by husband 581
17.5.7 Does saying ‘Hell, No’ constitute divorce 584
17.5.8 Marriage dissolved by a non-Muslim judge is not effective 585
17.5.9 Is Talaq valid under duress 586
17.5.10 Talaq and the Niyat of the husband 586
17.5.11 Is Talaq valid on a Christian woman after she converts to Islam 587
17.5.12 Bad-dua, divorce and custody of girl 588
17.5.13 Conditions of re-marriage between the spouses after Talaq 590
17.5.14 Litigation between spouses after Talaq 590
17.5.15 Claim of damages by a divorced wife 591
17.5.16 Wife’s entitlement to maintenance 592
17.6.1 Adultery and hiding the fact 592
17.6.2 Permissibility of Contraceptives 593
17.6.3 Not wanting to have children 593
Chapter 17
17.1 Nikah / Marriage ceremony
17.1.1 The Nikah – Matrimonial ceremony explained

The most important event in the Islamic SHAADI (wedding) is called ‘Nikah’.
Nikah is performed according to the instruction of Allah Almighty as contained
in the Holy Qur'an and practiced in accordance with the teachings of the Holy
Prophet ‫ﷺ‬.
Nikah is a very important and essential legal act and is the only way to enter
into a legitimate relationship between a man and a woman. At the same time
Islam has made it easy so that it is not so cumbersome that people are restrained
to marry due to the complexities or walk away from this essential requirement
to start their relationship.
Nikah requires only the boy and the girl alongwith two witnesses. In front of
the two witnesses, the boy has to say to the girl "I enter into Nikah with you"
and girl has to say, "I accept it" or the girl has to say to the boy "I enter into
Nikah with you" and the boy has to say "I accept it".
They both also agree on the Mehr, a marriage-gift (given by the boy to the girl)
which is a divine injunction. Thus, Nikah is complete.
This much is pure legal requirement of a valid nikah. But it is a Sunnah that
at the start of this ceremony a Khutba (sermon) is recited, but it is not Wajib
(obligatory). However, as a practice of the Holy Prophet ‫ ﷺ‬it should be
observed as far as possible.
Nikah can take place anytime and at any place. It is not necessary to be in the
mosque or any particular place or time, however, it is preferable to perform it
in a Masjid, as advised by the Holy Prophet ‫ﷺ‬.
The Nikah is normally performed in the presence of the Dulhan (bride) and
Dulha’s (bridegroom) families, their friends, relatives and well-wishers.
However, there may be separate arrangements or timing to take the consent
of the bride in which case she would give her free consent to the marriage
through a close relative like her father (called Wali) or Wakil. Then the Wali
or Wakil conveys her consent to the one who solemnizes the Nikah.
The Nikah is normally solemnized by the Qazi (a religious scholar and also
an appointee of the Government to register the wedding) by reciting a Khutba
(sermon) including recitation of the verses from the Holy Qur'an. The Qazi
Chapter 17
after ensuring from the Wali or Wakil of the girl and his two witnesses that she
is agreeable to the marriage, pronounces the offer to the boy, who accepts it.
The Nikah ceremony is explained in the light of above as follows:
The Khutba starts with the praise of Allah and Darood (blessing) is sent to the
Holy Prophet ‫ﷺ‬.
Then three verses from Holy Qur'an about the mutual relationship are recited
in Arabic. All the three verses emphasize about the ‘Taqwa’ (righteousness)
without which it is not possible for people, husband and wife in particular, to
discharge their mutual rights and fulfill their commitments. The translation of
these three verses is as follows:
First verse: from Surah (No. 4) An-Nisa, Verse 1:
‘O men, fear your Lord who created you from a single soul, and from it created its
match, and spread many men and women from the two. Fear Allah in whose name
you ask each other (for your rights), and fear (the violation of the rights of) the
womb-relations. Surely, Allah is watchful over you’. (4:1)
Second verse: from Surah (No. 3) Al-Imran, verse 102:
‘O you who believe, fear Allah, as He should be feared, and let not yourself die
save as Muslims’. (3:102)
Third verse: from Surah (No. 33) Al-Ahzab, verse 70-71:
‘O you who believe, fear Allah, and speak in straightforward words.

(If you do so,) Allah will correct your deeds for your benefit, and forgive your sins for
you. Whoever obeys Allah and His Messenger achieves a great success’. (33:70-71)
After the Khutba, the Qazi performs the actual Nikah formalities as mentioned above.
Once the offer and acceptance in this manner is completed, they are officially
husband and wife. It is not obligatory but normally some sweets are distributed
after the Nikah to announce and celebrate the marriage ceremony.
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Nikah, being a Sunnah, is a sacred event, and therefore all those present must
preserve its sanctity by avoiding all those acts which are prohibited or disliked
by Islamic Shari'ah as it may make the occasion devoid of Allah’s blessings.
17.1.2 Validity of Nikah with two witnesses & consent of girl’s father
Q) Is the Nikah valid if performed just in front of two witnesses without any
sheikh or khutba, just the 2 witnesses and the girl and the boy. Is such a nikah
valid if kept hidden from others. Is Nikah valid if there is no father’s consent
in spite of the girl’s father being in the same town and he does not even know
of his daughter’s actions.
A) If the Nikah is performed in front of two witnesses while both the spouses
are adult, the Nikah is valid. The mediation of Sheikh or recital of Khutba
is not necessary requirement for the validity of a marriage. However, it is a
Sunnah which should be followed as far as possible.
It is always advisable that the marriage of a girl is performed with the consent
of the father and the Holy Prophet ‫ ﷺ‬has stressed upon it in a number of
Ahadith, but it is not a necessary condition for the validity of marriage if the
marriage of the girl is performed within the Kufu (i.e. with a person matching
with the family of the girl in social status). However, if the girl performs her
Nikah outside the Kufu without the consent of the father, the marriage will not
be valid.
17.1.3 Mahr and the validity of Nikah

Q) Is the Nikah of the person who has enough money to pay Mahr but
then incurs a debt and since he cannot use the Mahr money, he borrows the
equivalent money from the girl to pay of his debt and then uses his own money
to pay Mahr, is such a Nikah valid.
A) The non-payment of Mahr does not invalidate a Nikah if it has been
performed with all necessary conditions. However, the Mahr is due on the
husband and he is duty-bound to pay it and the wife may claim the amount of
Mahr according to the conditions of the Nikah.
17.1.4 Marriage ceremonies in masajid

Q) In Western countries, Muslim parents arrange the marriage ceremony
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of their sons and daughters in their Masajid because the option of renting
a suitable hall is generally not available, or affordable. The ceremony is
followed by music or dance programs at some places. Is it permissible to hold
such programs in the Masjid.
A) As for the solemnizing of marriage, holding it in Masajid is a recommended
practice according to the Ahadith of the Holy Prophet ‫ﷺ‬. But, singing and
dancing are not permissible under any circumstances. Therefore, the holding
of marriage ceremonies in Masajid, ceremonies which include such forbidden
and immodest practices is not permissible.
17.1.5 Marriage on telephone / Internet Audio / Video Call

Q) A lives in the United States of America. He wants to marry B, a girl living
in Karachi. A, for a number of reasons, cannot come to Karachi to marry her,
nor B can go to U.S. unless she is proved to be the wife of A. How can A and
B contract a valid marriage without meeting each other.
Is it permissible for them under Shari'ah to contract marriage on telephone by
pronouncing offer and acceptance.
A) Nikah (marriage) cannot take place on telephone, because it is a necessary
condition for a valid contract of marriage that at least two witnesses should be
present at the time of marriage and should witness both offer and acceptance.
This necessary condition cannot be fulfilled in a telephone conversation.
However, if A wants to marry B without both being present at one place, he
can authorize anyone of his friends or relatives living in Karachi to contract
his marriage and appoint him his agent to pronounce offer or acceptance on
his behalf. If, for example he selects C to be his agent for this purpose, he
should authorize him in the following words:
"I authorize you to contract my marriage with B, daughter of D, on a sum of
_____ as dower."
Then, at the time of marriage ceremony in presence of at least two male
witnesses, the girl may pronounce her offer saying, "I married A, son of E on
a sum of .... as dower." If there is a Qadi or a Nikah Khwan duly authorized by
the girl, he can also pronounce offer in the following words:
"I gave B, daughter of D in marriage with A on the sum of _____ as dower."
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C, the agent of A, will say in reply, "I accepted this marriage on behalf of A."
The offer can also be initiated by C as an agent of A. In this case he will
address B in the following words:
"Being a duly authorized agent of A, I marry A, son of E, to you on a sum of
.... as dower." In this case B will reply, "I accepted this marriage."
In both cases, it will be a valid contract between A and B, whereafter they will
be treated as husband and wife duly wedded to each other according to Shari'ah.
Q) Is the Nikah valid in these circumstances:
- The Boy and the Girl are in an overseas country, and want to get
married.
- If they appear together on a Zoom Live Video conference call and
from Pakistan on the same Zoom Live Video call, if the Qazi conducts the
Nikah in front of two witnesses physically present with him in Pakistan,
will such a Nikah be valid.
A) If the boy and the girl are together at a single place with two Muslim
witnesses, there is no need to perform Nikah on zoom. They themselves may
perform Nikah by OFFER and ACCEPTANCE in the following words.
The boy should say addressing the woman "I marry you" and the girl should
say "I accept". The khutbah is not necessary, it is a Sunnah. In order to comply
with Sunnah, the Qazi may recite it on zoom. Then the boy and girl perform
Offer and Acceptance. Witnesses with Qazi are not necessary. But there must
be two witnesses to witness boy and girl uttering Offer and Acceptance.
Q) My question is that, is this kind of marriage valid if carried out in the
following situation: The boy and girl performed the nikah themselves without
any witnesses or dowry (mehar) on phone by making Allah their witness. Boy
is in U.S.A. and the girl in U.K. The boy asked the girl three times that does
she accept him in her nikah, and then the girl asked the same to the boy three
times and they both accepted each other in their nikah. However, boy and girl
haven’t told anyone, and they are not living together yet. Also, it is known fact
that people do marry on phone, and now the Pakistani courts have validated
those marriages which are occurred without witnesses and just between boy
and girl. That’s why they want to know that their marriage is valid or not. Your
help and guidance is needed.
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A) Performing nikah before two witnesses is an essential condition for the

validity of nikah without which marriage is not valid. The words spoken by
the boy and the girl in the above situation are also not the proper words for
contracting a marriage. They must perform marriage in a proper way. The girl
may appoint someone in USA as her agent to accept the offer from the boy
in presence of two witnesses. Proper words of offer and acceptance should be
learnt from a knowledgeable person.
Q) Is marriage / Nikah permissible to be performed over Telephone or
Internet audio or Video call.
A) Nikah done over video call is not valid, as it does not fulfill the requirement
of witnesses witnessing the Nikah in person. If, for some reason, it is not
practical for the boy, girl, or both to be present in person at the place of the
Nikah, each may appoint his/her representative via phone or video call to utter
the offer or acceptance in the physical presence of the witnesses in the same
place.
".‫"(و) شرط (حضور) شاهدين‬:21 /3 :‫ أول كتاب النكاح‬،‫لما ىف الدر المختار مع رد المحتار‬
17.1.6 Validity of Nikah with only a court marriage

Q) One of my close one is living with a Christian girl since last two years. As
per his verdict the girl has accepted Islam as her religion and recited shahadah.
But she has not declared it in mosque or anywhere in public. They are married
in county court of marriage as per USA law. I told him to marry her by Muslim
nikahkhwan (qazi). But some Imam of mosque told him that you are married
and need not have to get married again. I request you to give me your precious
time for your advice in above matter. I need it so that I may be able to take
them away from sin (if it is so). Hope I could have given you enough for your
consent.
A) If the bride was a Muslim at the time of the marriage, then the correct
procedure for a valid Nikah is as follows:
The bridegroom or the bride should say the following words in the presence
of at least two adult male (or one adult male and two adult female) Muslim
witnesses, whilst addressing his/ her partner: "I marry you," and the partner
should accept by saying: "I accept you in my marriage." This dialogue should
take place in the same sitting.
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If the marriage took place as per the above procedure, then it is a valid Nikah;
otherwise not.
‫ (و) شرط (حضور) شاهدين (حرين) أو حر وحرتني (مكلفني‬:‫يف الدر المختار أوائل كتاب النكاح‬
‫سامعني قولهما معا) عىل األصح (فاهمني) أنه نكاح عىل المذهب بحر (مسلمني لنكاح مسلمة ولو‬
‫ وإن لم يثبت النكاح‬،‫فاسقني أو محدودين يف قذف أو أعميني أو ابين الزوجني أو ابين أحدهما‬
‫ كما صح نكاح مسلم ذمية عند ذميني) ولو مخالفني لدينها‬،‫بهما) باالبنني (إن ادىع القريب‬
‫(وإن لم يثبت) النكاح (بهما مع إنكاره) واألصل عندنا أن ك ل من ملك قبول النكاح بوالية نفسه‬
.‫انعقد بحضرته‬
17.2 Marriage related issues
17.2.1 Can a woman be married for her beauty

Q) Some people insist that a Muslim, while selecting a woman for marriage
should not pay any attention to her physical or facial appearance. He should
only see whether she is a religious woman or not.
In this respect a Hadith is often referred to, wherein the Holy Prophet ‫ ﷺ‬is
reported to have said, "A woman is married either for her beauty or for her
wealth or for her religious behavior. So you must try to choose the woman
committed to her religion."
They argue that the considerations of beauty and wealth have been condemned
in this Hadith, while the consideration of religion has been confirmed and
stressed upon.
Please explain whether this Hadith is authentic and whether the above
mentioned point of view is correct according to this Hadith.
A) The Hadith is authentic, but it does not mean that, when deciding to marry
a woman, her physical appearance cannot be taken into consideration at all.
The purpose of the Hadith is that it should not be the sole consideration.
Instead, her religious attitude should be given due importance. If a woman
is very attractive in her appearance, but she does not care for her religious
obligations or has a rebellious attitude towards them, she should not be
preferred to a less attractive woman whose commitment to Islam is evident
and who observes her religious obligations with sincerity and devotion.
However, if there are two women, both equally committed to Islam and equally
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observing the imperatives of Shari'ah, then, there is no bar on a Muslim if he

prefers a woman who seems to him more attractive than the other.
In fact, one of the basic objectives of marriage, according to Islamic teachings,
is that the spouses may run a chaste life and may fulfil their sexual needs with
as much satisfaction as may help them refrain from indulging in an unlawful
activity. This objective cannot be achieved unless they like each other, both
in their appearance and in their inner qualities. That is why the spouses have
been advised to see each other before entering into the pledge of marriage. The
Holy Prophet ‫ ﷺ‬not only allowed one to see the woman whom he wants to
marry but emphatically recommended it for the Muslims. One of his blessed
companions once told him that he had resolved to marry a woman from the
Ansar. The Holy Prophet ‫ ﷺ‬asked him if he had seen that woman. When the
companion replied in negative, the Holy Prophet ‫ ﷺ‬said to him:
See her, it will help create a better union between you. (Trmidhi).
It is obvious that merely seeing a woman cannot reveal anything about her
except physical appearance. It is, therefore, evident that the appearance of a
woman can be a valid consideration when deciding to marry her. Had it been
prohibited to marry a woman for her beauty (of course, in addition to her
inner qualities), it would have been pointless to see her before marriage. The
correct position, therefore, is that the appearance of a woman is one of the
valid considerations which may be kept in mind when deciding to marry her.
But it should not be the sole consideration, nor should it be preferred to her
inner qualities including her adherence to religion.
17.2.2 Forcing the child to marry someone they do not like

Q) Can your parents force you to get married with someone you don’t like.
Secondly, when you find someone who loves you and your parents don’t like
it, what is the right course. Thirdly, when you get married with the one your
parents don’t like and they are upset with you, do we get a sin for that.
A) In Islam, an adult woman cannot be forced by her parents to marry someone
she does not like. However, a Muslim girl should respect her parents' opinion
as far as possible, especially when she likes to marry a particular person while
her parents do not. This is because the parents are naturally more experienced
and more sympathetic to their daughter, while the daughter herself can fall
prey to a deceitful person. It is worth mentioning that developing love affair
with a person before marriage is totally Haram.
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17.2.3 Marriage of a Sayyeda girl with non-Sayyid

Q) I want to ask a question that can a Sayyeda girl marry with a boy who is
not a Sayyid but a Malik (Qutab Shahi Awan).
A) She can marry him with the consent of her father or any other Wali in
father's absence.
17.2.4 Placing conditions in the marriage

Q) Can a wife make a condition when she is marrying that husband is not
allowed to take a second wife. Will such a condition be valid.
A) A woman can put such a condition before marrying, but according to
Hanafi jurists, it will not be binding on the husband in legal terms. However,
it may be taken as a promise, and the husband is under a moral obligation to
fulfill the condition, and not marry a second wife. If he violates this moral
condition without a valid reason, he will be committing the sin of backing out
of the promise, but no legal remedy can be sought against him.
17.2.5 Engagement (Mangnee) in the light of Shari'ah

Q) I have a question regarding the mangnee concept here in Pakistan. Many
people perform this task before a certain period from marriage in which the
boy and the girl bound to marry.
And sometimes it is broken due to many reasons like change in liking between
the boy and the girl or some other reasons. One more thing, is this mangnee
proved from Sayyadina Muhammad ‫ﷺ‬, Sahaba ‫ﭫ‬, Taba’i, Taba Taba’i. If
not, then it is an innovation in Islam and Bidah. And every Bidah is Haram.
So, i want to know whether one should be involved in these things or not.
A) Mangnee is a promise by which both the parties agree to enter into a
marriage in future. This promise in itself is neither an innovation nor a
sinful act. Obviously, even in the days of Holy Prophet ‫ ﷺ‬and the blessed
Sahaba ‫ ﭫ‬a marriage used to be preceded by a mutual understanding or
a promise. However, the actual marriage used to be performed at a later
stage. Nevertheless, no celebration or function is necessary for entering to a
marriage, nor was it a practice in the days of the Holy Prophet ‫ ﷺ‬to celebrate
this occasion. Therefore, if someone celebrates the occasion with the belief that
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it is a Sunnah or a part of religion then it would become a Bidah or innovation.

Even if it is celebrated holding it as a part of religion it embodies many evil
practices, therefore, celebration of mangnee should be avoided.
17.2.6 Dating before marriage
Q) One of my friends, who is pious and well-educated man, got engaged
before engagement. He met the girl in the presence of his mother who also
follows Shari'ah in her social life. Is engagement as well as dating before
engagement permissible in Shari'ah.
A) It is lawful in Shari'ah to see the woman before one gets engaged with her
in order to decide whether she is suitable choice. But after the engagement,
he should treat her as a non-mahram until such time as he enters into a formal
marriage with her. Therefore, dating before marriage is not allowed in Islam.
17.2.7 Validity of paper marriage for nationality purposes
Q) A friend of mine married a person in the court in October 1997, just so,
that the person can have the nationality of the country. She also moved in
with him and lived in the studio apartment but in different beds with him for
3 months. The marriage was never consummated. After 3 months she left his
apartment and started living somewhere else.
The problem is now that the person is not giving her divorce and this girl
who is a Muslim, wants to know her situation regarding Islamic law. She now
wants to marry another Muslim man and would like to know whether she can
marry without getting the divorce or not.
The procedure in court is very lengthy and takes at least two years. However,
as per the country’s law, if a married couple is separated for a particular period
of time, they are divorced automatically. For her this period will be over in
2003, but she is not certain. But she would like to marry this man before that.
I would like to clarify one more thing that when the girl married this man (who
is Muslim), she was a Christian and got converted to Islam only this year.
Thus, I would be grateful if you could advise me in writing about her situation
as per the Islamic law.
A) The whole issue depends on the words actually used while contracting
the marriage in the court. I have seen the prescribed words in the marriage
Ceremony Acts 1996 sent by you. These are as following:
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a) I declare that I know of no legal reason why I may not be joined in

marriage to...
b) "I am" in response to the question, "Are you free lawfully to marry..."
These two sets of wordings do not constitute a Nikah according to
Shari'ah.
c) I take you to be my wedded wife or husband.
This sentence may constitute a valid Nikah after these are spoken in presence
of two male witnesses or one male and two females.
Now the lady should recall what kind of words she has used at the time of
marriage. If she has used those words which constitutes a Nikah as aforesaid
she cannot enter into a new marriage until she gets divorce from her husband.
Even a divorce taken from a non-Muslim court won’t be enough.
If there is doubt, Nikah cannot be established on the base of doubt, in which
case she can deem herself free from the bond of marriage. The matter being of
very serious nature she must recall with precaution the exact words she used
at the time of marriage.
17.3 Marrying with Ahle-Kitab (People of the book)
17.3.1 Marriage with Christian and Jewish girls or boys

Q) When it comes to marrying a Christian or a Jewish girl or boy, the Muslims
youths argue that the Holy Qur'an has allowed such a marriage. Since we are
living in the midst of Jews and Christians, we pre-eminently need to know the
correct and precise Islamic position in this respect.
A) The Holy Qur'an has never allowed the Muslim girls to marry a non-
Muslim boy, no matter whether he is a Christian or a Jew or a Hindu or a Parsi.
However, the Holy Qur'an has allowed a Muslim boy to marry a Christian or
a Jewish girl. But there are two important points which should always be kept
in mind in this respect:
1) It is only the Christian and Jewish women that are allowed to be
married by a Muslim. No woman of any other religion or belief is Halal
for a Muslim.
The women who are Christian or Jew only by their names, and do not
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actually believe in any religion, like a large number of people in the Western
countries, cannot be termed as "Ahl-al-Kitab" (People of the Book). They
are atheists and it is not allowed in Shairah to marry an atheistic woman.
2) Shari'ah has allowed the Muslims to marry a Christian or a Jewish
girl only where there is no apprehension that the husband or his children
may come under her influence in religious matters. In the early days
of the Islamic history every Muslim was duly equipped with adequate
knowledge of his religion and had an unshaken commitment to the
Islamic principles.
Therefore, there was no apprehension that he would be misled by any foreign
influence. Rather, he was supposed to convince his wife in religious issues.
Therefore, if a Muslim is fully confident that his marriage with a Christian or
a Jewish girl will never affect the religious life of himself or of his children,
then there is no bar against such a marriage. But if he is not so confident, then,
he must avoid marrying a non-Muslim girl. Even in the days of the Sahabah
‫( ﭫ‬the companions of the Holy Prophet ‫ ﷺ‬some people were not advised
to marry a Christian or the Jewish girl for this very reason. (See 158:2/4,
Musanna Ibn Abi Shaibah)
17.3.2 Marriage with a Catholic women

Q) My friend living in Europe married a European, practicing Catholic
girl. The only ceremony performed for the wedding was a church wedding
(a full church ceremony with witnesses etc). As per my friend his intention
on having married this way was not rebellion against the religion but perhaps
unawareness or not giving due importance at a time. Today, after 18 years, my
friend remains married to his Catholic wife (still Catholic) and has 3 children.
However, at 44 years of age my friend has Alhamdulillah returned to Deen and
its practice, and wonders if his wedding was performed correctly. If not, what,
if anything, can and should be done now.
A) The answer to your question depends on the procedure adopted in the
church for the wedding ceremony, and I would need to know the specific
answers to the following:
a) Was there any offer and acceptance between the spouses, if yes, what
were the wordings of the offer and acceptance.
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Response: Yes there was. Cannot recall the exact wordings. We accepted
each other as wife/husband and to respect and take care of each other
through good and bad times. She was asked to and she agreed to raise the
children according to Catholic teachings. I was not asked anything of the
sort.
b) Were the witnesses of the offer and acceptance Muslims, or non-
Muslims or both.
Response: One Muslim, the other Christian.
c) What was the number of the witnesses.
Response: Two males (including one Muslim).
d) Was there any covenant between the two parties, if yes, what were
the contents of the covenant.
Response: No written agreement. The ceremony satisfied religious and
legal requirements. Following the ceremony, a certificate of matrimony
was released.
Before giving specific answer to your question about your friend’s marriage
with a Christian lady it seems necessary to clarify some basic points in this
respect:
1) There is a big difference between the permissibility of an act and
its legal recognition as valid. Permissibility of an act means that it is
not a sin and the person who performs that act cannot be held liable in
the Hereafter for a sinful act. On the other hand, the legal recognition of
an act means that the legal consequence of the act will follow. It is thus
possible that an act is recognized in Shari'ah as legally valid but it is
not permissible. For example, pronouncing three divorces at once is not
permissible according to Shari'ah in the sense that the person who gives
three divorces in one single sentence is committing a sinful act for which
he will be liable to punishment in the Hereafter. But once a person has
committed this sinful act, the three divorces are held to be recognized as
valid and that the legal consequence of three divorces will follow and the
bond of marriage will be broken between the spouses.
2) Marriage with a Christian or Jewish lady has been allowed by the
Shari'ah on the condition that the marriage does not lead the husband or his
children to an un-Islamic life. If a husband is fully confident that he will
Chapter 17
never be influenced by his Christian wife and that she will not prevail upon
him in religious matters, then marrying such a woman is not only valid
but also permissible. But if there is an apprehension that marrying such
a woman will cause the husband or his children to lead an un-Islamic life
or the wife will prevail upon them in religious matters, then this marriage
is not permissible in the sense that the relevant person will be committing
a sinful act by marrying such a lady. But if all the requirements of a legal
marriage are fully observed, the marriage will be held as valid in the sense
that the legal consequence of marriage will follow, and the children born
out of this wedlock will be treated as legitimate.
3) In the particular case of your friend it was not permissible for him
to marry a Christian lady because of two obvious reasons: firstly, his
agreement, to solemnize the marriage in a church indicates that he did not
give much importance to the observance of his own religion. It was also
an indication that the wife was going to prevail on her husband in religious
matters, and marrying a Christian lady in this case was not permissible.
Secondly, he himself admits that at the time of solemnizing the marriage
in church it was agreed that the children will be raised according to the
Catholic teachings. Silence of the husband on such a declaration made by
the wife was a very serious matter from religious point of view and in this
case it was not at all allowed for him to marry such a woman.
4) The question whether this marriage can be recognized as valid
(regardless of its impermissibility) depends on the offer and acceptance
exchange between the proposed spouses. If either of them has said "I
married you and the other has replied "I accepted", the marriage can be
held as valid because there were two witnesses present at that time and it
is not necessary while marrying a non-Muslim lady for both witnesses to
be Muslims. But if no offer and acceptance were made in proper words,
marriage is not valid. Since your friend does not remember the actual
words uttered at that point of time, no absolute answer can be given.
5. Since your friend has now recognized the importance of Deen with
the grace of Allah, I would advise him to do the following:
a) To repent before Allah Subhanahu wa Ta’ala for the past.
b) The previous marriage being doubtful, enter into a fresh Nikah duly
performed under the guidance of a person who knows its full requirements.
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c) To have a firm resolution with the agreement of the wife that the
children will be raised as true Muslims.
17.4 Marrying a non-Muslim
17.4.1 Parent’s dealing with a child marrying a non-Muslim

Q) Would you be able to find out with regards to my conduct with my
daughter if she is marrying someone who has not accepted Islam.
I love my daughter, but I do not want to do anything that would go against the
teachings of Islam.
What should be my behaviour, interaction etc. with my daughter after she has
done this.
I financially support my daughter from time to time. Should I continue or not.
She needs my assistance from time to time, should I now not help her out.
I am confused and would like him to please shed some light on this matter.
A) If your daughter has not yet married a non-Muslim, you should try your
best to stop her. In that case you may warn her that you will not support her,
neither financially nor otherwise, and if she marries a non-Muslim you should
convince her that in that case she will be living a Haram life.
But if she has already done this Haram act, you should continue to advise her
to separate herself from him. And if you feel some time that she is an urgent
need of financial help, you may help her preferably with the condition that she
should leave him.
17.4.2 Muslim woman marrying non-Muslim hoping husband to

accept Islam later
Q) What is the ruling regarding the marriage of a Muslim woman to a non-
Muslim man. Would it be allowed if the woman had hope of her husband
accepting Islam after their marriage. Some Muslim women claim that they
cannot find a suitable Muslim husband, and that their financial circumstances
force them towards deviation from their faith. Would there be any possibility
of permission in such a case.
A) A Muslim woman cannot marry a non-Muslim man in any circumstances.
Chapter 17
Allah Ta’ala says:
And do not marry (your women) to unbelievers until they believe: and a slave man
is better than an unbeliever, even though he allures you.(2:221)
‌
They are not lawful for the unbelievers, nor are they (the unbelievers) lawful
(husbands) for them. (60:10)
Just the hope of someone accepting Islam does not make it permissible for a
Muslim woman to marry him, nor can such imagined hopes change a Haram
into a Halal.
17.4.3 A Muslim woman not allowed to marry an Ahl-e-Kitaab man

Q) I have a problem in the sense that I am unable to answer satisfactorily a
question which a Christian lady asked me and I wonder if I could get guidance
from someone who can answer me in such a way as to satisfy an educated
young Christian lady who is associated with the Movement of Equality of
Women versus Men in Islam.
The question she asked me was as to why a Muslim man can marry a non-
Muslim woman who is a follower of any of the Books whereas a Muslim
woman cannot marry a man who is a follower of any of the Books.
A) First of all it is not normally useful to discuss the reason and philosophy
of the detailed precepts (rulings) of Shari'ah with non-Muslims because
understanding of the reasons and philosophy of these precepts mostly depend
on believing in the fundamental principles of Islamic theory, and unless one
believes in Oneness of Allah, in His omnipotence and in His Encompassing
Knowledge he cannot perceive many of His commands which may be of such
nature that an ordinary human intellect may not reach its philosophy and the
rationale underlying them. It is not necessary for a human intellect to know the
reason of everything. Despite its vast capability human intellect has its own
limits beyond which it ceases to work usefully, and it is on such occasions
that the divine revelation comes with a specific command and guides mankind
to the truth of the matter. Therefore, if a non-Muslim wants to discuss the
philosophy or rationale of a particular command of Shari'ah it is always
advisable to invite him to discuss the basic articles of the Muslim creed like
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Oneness of Allah, finality of prophet hood of Sayyidna Muhammad ‫ ﷺ‬and the

life hereafter.
However, question posed by the Christian lady could briefly be answered as
follows: It is a fact of life that a wife is more influenced by her husband than
a husband by his wife. Even in present days where voices of emancipation
of women and feminism are heard everywhere in the world, a wife is always
attributed to and known by her relationship with her husband. That is why
a married lady is introduced as ‘Mrs. so and so’. Therefore, if a Muslim
marries a Christian lady, it is not likely that she will influence her husband in
religious matters, and if it is likely it will not be permissible for him to marry
her. Conversely, if a Muslim woman marries a Christian man, she will be
vulnerable to the influence of her husband.
17.4.4 Validity of a marriage if only one spouse accepts Islam

Q) What is the ruling regarding the continuation of marital relations between
a woman who has accepted Islam, and her still non-Muslim husband. The
woman has hope that her husband may accept Islam, if she stays with him, and
she also has children from him who may digress and stray from Islam, if she
leaves him. Is it permissible for her to continue to live with him as his wife in
such circumstances. What would the ruling be if she did not have any hope of
his accepting Islam, but he was a good husband otherwise, and she feared that
if she left him, she may not find a Muslim husband.
A) If a woman accepts Islam and her husband remains a non-Muslim,
the majority of the scholars hold the view that their marriage is invalidated
with her mere acceptance of Islam. Imam Abu Hanifa is of the view that the
husband should be asked to accept Islam, and if he refuses, the marriage
becomes invalid. If the husband then accepts Islam while the wife is in her
Iddah (waiting period), their original marriage becomes valid once again. If he
accepts Islam after the Iddah has expired, they must renew their marriage, if
they wish to live as husband and wife. This matter is agreed upon amongst all
the scholars, old and new, and mere hope of someone accepting Islam cannot
change the rule of the Shari’ah.
17.4.5 Marriage to an Atheist women

Q) 41 years ago, I married an English girl in accordance with the English
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civil law. I have never married Islamically as my wife is an atheist and does
not believe in God and does not follow any religion. We have two daughters
who are married and live away from us. I realize that I have committed a sin
but what should I do.
A) Marrying an atheist woman is not allowed in Islam. I regret to say that
Shari'ah does not recognize your marriage with her. You are obliged to do the
following:
a) Make sincere tauba (repentance) before Allah ‫ ﷻ‬for the sin you
have committed.
b) Try to convince your pretended wife to accept Islam. If she does
so, you may contract a new marriage with her according to Shari'ah in
presence of two witnesses.
c) If she does not embrace Islam, you will have to cut off all marital
relations with her. If you make tauba sincerely in this manner, your sin
will be forgiven, InshaAllah.
17.4.6 Newly converted to Islam marrying a non-Muslim

Q) I have a German wife who converted to Islam and became a practicing
Muslim Alhamdulillah. We got married in 1955 and by 1998 she was also able
to convince her mother to accept Islam, again Alhamdulillah. Her mother is
a divorced woman who lives in Germany. She works for a German company.
My wife (the only offspring of her parents) was always worried about her
mother, trying and praying that she gets a Muslim husband. Unfortunately,
my mother-in-law has not yet become a truly convinced Muslim herself and
sometimes questions certain Islamic rules and of course what is available
there in the German media is only criticism on Islam. Recently she has met
someone, a non-Muslim whom she wants to marry. Despite our continuous
insistence she has made no serious effort to convince that person to accept
Islam. She also does not believe in the fact that such a marriage is prohibited
in Islam. Unfortunately, she gives us examples of Turkish Muslim women
who married non-Muslims in Germany. She also went to the Turkish mosque
where she was told that there was nothing wrong with the marriage. But when
we send her the correct information on Islam she is not reading it saying she
hardly has any time. This year she wanted us to attend her marriage but we
politely told her that we cannot come because the marriage is prohibited in
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Islam. She became angry and decided not to have any further contact with us.
Then we sent her emails and phoned her that the fact that we are not coming
does not mean that we should cut off our relationship. We were able to have
some dialog with her but since then she is again not calling. She also said
some mean things about Islam which she should not have said but she insists
she is not going to leave Islam (May Allah protect her). This is a situation in
which we have no clue what to do except for praying. There is also no person
in Germany who could help in such a situation. I do not know if it is right to
ask you for your advice but we have no idea what to do.
A) It is really very sad that some of our Turkish brothers have issued such a
Fatwa maintaining the permissibility that a Muslim woman can marry a non-
Muslim husband. This is a flagrant violation of the express provision of the
Holy Qur'an.
You did well that you refused to participate in such a ceremony and if the
mother of your wife severs the relations with you, you will not be responsible
for that. However, you should not lose hope in bringing your mother-in-law
back to the correct Islamic path. For this purpose you should not cut off your
relations with her, instead you should continue to meet her even though she
does not like it. At the same time you must continue to pray for her. May Allah
give you Taufeeq to adopt correct attitude towards her.
17.5 Talaq (Divorce) & its rules
17.5.1 Benefit of one Talaq at a time and rules of ‘Iddah (waiting

period)
Q) 1) It is said that the incidence of Talaq in our society in Pakistan and
globally is increasing. In this respect lot of Muslims are also not aware
of the proper rules of Talaq and most of the time the issue is of either one
Talaq at a time or three Talaq at the same time and its validity or not, once
the couple realizes its mistake and the devastative consequences of Talaq
on themselves and the family.
I shall be grateful if you would shed light on the causes for such a rise
in the Talaq cases and what behavior we should improve upon to avoid
increasing Talaqs (divorces) and its damaging effect on family and society.
Additionally, kindly explain the detailed rules of Talaq, whether one or
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three together and how it works if only one Talaq is given at a time, with
some philosophy, wisdom and benefit behind the one Talaq at a time as
opposed to pronouncing three Talaq at the same time.
2) What are the rules of ‘Iddah (waiting period) after Talaq (Divorce) or
after demise of husband. In particular:
- Is the period of ‘Iddah applicable on women irrespective of
their age; and
- Within the ‘Iddah period, can a woman leave the house
for necessary reasons for survival ranging from continuing the
employment for sustenance to necessary grocery/food shopping.
A) The Qur'an and Sunnah have emphasised Taqwa in the relationship of
Nikah, which is the most effective trait to sustain a marriage. It is Taqwa that
can convince each spouse to fulfil his/her duty without being pre-occupied
with his/her rights. Part of Taqwa is adopting tolerance and avoiding rigidity in
matters not against Shari’ah. In this regard, it will be beneficial for spouses to
keep revising the verses recited in the Khutbah of Nikah (Surah aal-e- Imran:
102; Surah al Nisa: 1; Surah al Ahzab: 70-71). Similarly, it is very beneficial to
consult a mutually acknowledged mentor who is known to be Sunnah-abiding
and experienced to resolve disputes.
It is not practical to detail the rules of Talaq here as they are case-specific
to a great extent. However, one general rule is that when Talaq is the only
reasonable solution, then if Khalwa Sahiha (the spouses were together without
any recognized obstacle barring from sexual intercourse) has been realized
after the Nikah, the preferred way to effect Talaq is to pronounce one Talaq
Raj’i (Talaq that does not preclude the husband from taking his divorced wife
back into his Nikah during the ‘Iddah without effecting a new Nikah) when
the wife is in a such a Tuhr (not in menstruation) in which the husband has
not had sexual intercourse with her. Thereafter the husband leaves her until
her ‘Iddah lapses. The benefit of effecting Talaq in this manner is that there
is much opportunity for thorough consideration and avoiding the effects of
a temperamental decision because the husband has the right to take the wife
back without a new Nikah during the ‘Iddah and even after the ‘Iddah the
spouses may effect Nikah with mutual consent without Halala.
It is sinful to pronounce more than one Talaq in the same Tuhr or to pronounce
one Talaq in a Tuhr in which the husband has had sexual intercourse with his
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divorcee or to pronounce Talaq during the menstruation of wife with whom

Khalwa Sahiha has been realized; however, any such Talaq, despite being
sinful, will take effect. Thus, pronouncing 3 Talaqs at once or in the same Tuhr
is also sinful, though the Talaqs will be effective, prohibiting the divorcee to
return to the husband except after Halala.
With regards to ‘Iddah, the wife is obligated to observe ‘Iddah upon being
given Talaq, provided that Khalwa Sahiha is realized after Nikah. ‘Iddah is
also obligated on her on the demise of her husband. ‘Iddah as a period in
which nikah with another man is not permissible, is applicable to all females
irrespective of their age, though the rules of Hidad (avoiding adornment during
‘Iddah) are not applicable to non-pubert females.
For Talaq the ‘Iddah period is 3 menstrual cycles, or 3 lunar months (or 90 days
if Talaq is effected on other than the first of the lunar month), for females who
do not experience menstruation, or until child-birth if Talaq was pronounced
during pregnancy. For demise, the ‘Iddah period is 4 lunar months and ten days,
if the husband dies on the first day of the lunar month; otherwise it is 130 days.
A female in ‘Iddah of Talaq is not permitted to leave her house, since it is
her ex-husband’s responsibility to provide for her. In ‘Iddah of demise, she
is permitted to leave the house to provide for herself via employment or
otherwise, when her wealth does not suffice to fulfil her recognized needs,
provided she comes back home as soon as is practicable after fulfilling her
genuine need and she spends the night at home.
17.5.2 Attending Job/Duty by a widow during Iddah

Q) My husband passed away on the 13th of Zilhijjah, and I am still in my
Iddat. I have started going to work as that is my need.
My work is at a teachers training centre and it is an all-day course and I am
back by 5.30 p.m. every day. The course is now ending and there is to be a
Graduation Ceremony soon. My question is whether it would be alright for me
to attend the ceremony as a part of my duties (this is what I have been doing
for the last 12 years) or would it be inappropriate to do so.
A) If you cannot get leave from your teachers training centre, it is allowed
for you to go to your job during the day. You can also attend the ceremony
which is a part of your duty.
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17.5.3 Validity of Talaq (Divorce) & three Talaqs without witness

Q) Are witnesses necessary for Talaq. And if yes then if a Talaq where there
are no witnesses and the husband decides to take the wife back, without letting
anyone know what happened, valid. If such a situation is repeated three times
are they still husband and wife.
A) No witnesses are necessary for Talaq. It means that if a husband divorces
his wife without any person to witness it, the divorce will still be valid and will
have the same effect as the divorce pronounced before witnesses. Secondly,
if the divorce is given only once or twice in express terms, the husband can
revoke this divorce before expiry of period of Iddat i.e. three menstruation
periods. And after the expiry of Iddat he can remarry her with her consent. But
if the divorce is given three times he can neither revoke it nor can he remarry
her except in a situation where the woman has married some other person and
he has either divorced her of its own accord or the husband has died.
Q) My question deals with the pronouncement of divorce and its conditions.
Nearly a year ago, my husband and I went through a series of disputes, which
led to one (the worst) argument in which my husband stated the following, "I
want a divorce, I want a divorce, I want a divorce."
Before this, we were both under the notion that divorce was finalized if stated
in three different settings. This pronouncement of his was stated three times in
the same setting and we didn’t think that this counted for a final divorce. Now
we are pregnant and Insha’Allah should be giving birth soon, and upon reading
various books concerning children and marriage, etc., I have read that divorce
pronounced three times, whether in different settings or the same one, is final.
This is very disturbing if it is true, but I need to know if my husband and I
are living in an adulterous state in the eyes of Allah or not. If this ruling is
valid, is it possible to make Taubah in this instance since we were ignorant
of the ruling. Can you please clarify the validity of our marriage or if there is
anything we can do to keep it intact.
A) It is true that the divorce pronounced three times becomes final, even if it
is pronounced in one sitting. But the words of your husband quoted by you in
your question are not the proper words of divorce. "I want a divorce" is only
an intention to divorce in future and not a divorce in present. Therefore, if the
words pronounced by your husband were not more than that you have quoted,
the divorce is not "effective."
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However, your husband must remember that if he pronounces the words I

divorce three times there will remain no possibility of remarriage. It should be
kept in mind that the best way of divorce according to Shari'ah is to pronounce
the divorce only once. In this case the husband has the option to revoke the
divorce during the period of Iddat and to remarry his wife with her consent after
the period of Iddat. But once the divorce is pronounced three times, either in one
sitting or in different sittings, there remains no choice for the spouses to reunite.
17.5.4 In a country where Talaq is not recognised

Q) We are living in non-Muslim secular country in the West, where there is
complete freedom of worship. However, civil laws prevent practicing some of
the family laws, e.g. while Nikah can be automatically registered, Talaq is not
recognized; Polygamy is not permitted; etc. We would like to know, in matters
such as above should Muslims ignore laws of the land.
A) In the matters mentioned in your question the Muslims need not ignore
the laws of the land. If a Talaq has become effective according to Shari'ah,
both the parties are under an obligation not to treat each other as husband and
wife even if the Talaq is not recognized by law. Moreover, they may try to get
their divorce recognized/formalized by adopting the legal procedure provided
for that purpose in your country so that no legal problem may arise.
17.5.5 Validity of Nikah due to behavior of husband

Q) Is the Nikah valid to a person who knows that he cannot refrain his
tongue from uttering Talaq, at the slightest mistake of the girl, e.g. if she is a
bit rude, or if food is a bit late, or if there is more salt in the food. Is such a
Talaq valid if the man calms down and takes back his word and there are no
witnesses at all.
A) Such a person must know before entering into a marriage that pronouncing
the word of Talaq for her wife will bring its consequences. The mere fact that
he cannot control his tongue will not invalidate the Talaq given by him.
17.5.6 Dissolution of marriage based on deceiving by husband
Q) I am a resident in Belgium got married to a person Muslim by name.

My marriage took place on 26th July 1998 at a Mosque in England. When
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I married him, I did not have any knowledge of his social and personal life.
He married me under false information about himself. After one week of
my marriage, I began to find out about his outdoor activities which are as
follows:
1) Casino – Gambling daily in the evening leaving me alone at home
and returning back home early in the morning at 2-3 am.
2) Clubbing – Flirting with different women despite I tell him not to.
3) Drug dealing – Example Cocaine, heroin, weed etc.
4) Theft – Stealing cars.
5) Keeping a married woman on the side whilst married to me, and
dating women on the telephone line. This was known to be his hobby.
He tried to persuade me to go with him to drug deal on his behalf. When I
refused to do so, he beat me up by kicking me in the stomach, slapping me
across the face and verbally abusing me.
While living with him I was under constant pressure, e.g.
- Physically abusing me, beating me when having arguments over
women whom he spent nights with.
- Not letting me contact my family or friends or letting me go out.
- Not providing me with my personal needs.
- Accommodation, living conditions were poor as there was no facility
example security, sleeping, cooking, washing etc.
- Due to his criminal records we moved to three different
accommodations within three months.
- I always felt threatened and unsafe while living with him, because
I was caught by the police with him whilst dealing drugs and the fear of
getting caught with him put me under a lot of pressure.
Throughout my marriage whilst living with him he was unfaithful to me, and
he was never honest with me and that really hurts. I tried my very best to
change him, but instead in return I got physically and verbally abused by him.
Now he is in prison, sentenced to 4.5 years of imprisonment for committing
several criminal offences.
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I am 18 years old, and I want a divorce, but he has refused to give me a

divorce. I want to spend a normal life without him.
Even though he is in prison he telephones my family and harass them asking
for my whereabouts.
I feel safe now, but I know when he comes out I know he won’t change.
Therefore, I leave the decision to you.
A) We have received your questions through - Khatme Nubuwwat Centre

Belgium. Please answer the following questions before we can give you the
final ruling on the subject.
1) Did you enter into marriage with your husband with the permission
of your father, brothers or any other wali.
2) When did you come to know about the bad habits of your husband.
3) Have you ever consented to have sexual intercourse or any act of
love making with your husband after you came to know that he is alcohol
addict or he is involved in drugs and involved with women of bad repute.
Please answer these questions after which we may be able to reply your
original question.
Reply to your questions:

1) I did not enter into marriage with my husband with the permission of
my father, brothers or any other wali.
2) I came to know about his bad habits one week after our marriage.
3) No, I never consented to have sexual intercourse or any act of love
making with him after I came to know that he is involved in drugs and
involved with women of bad repute.
A) If the facts mentioned in your question are correct, you have an option
to get your marriage dissolved either by an Islamic Court or by a Council
of Muslims. Since you are in a western country, it will be perhaps difficult
for you to approach an Islamic Court of law. However, you can approach
Council of Muslim scholars where you should put up your case with necessary
evidence. The Council should consist at least of three practicing Muslims: one
at least being a Shari'ah scholar. The Council after recording your statement
and taking the evidence of your witnesses may dissolve your marriage on the
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ground that your husband has deceived you by giving you false information
about himself. Since after coming to know about his bad habits you did not let
him have sexual intercourse with you nor did you consent to live with him as
a wife, therefore, you are entitled to get your marriage dissolved on the basis
of the following rulings of the Fuqaha
‫ وإن كان كفؤا فحق‬،‫يف رد المحتار فإن ظهر (الزوج) دونه وهو ليس بكفء‌فحق‌الفسخ ثابت للك ل‬
‫الفسخ لها دون األولياء لكن ظهر يل اآلن أن ثبوت حق الفسخ لها للتغرير ال لعدم الكفاءة بدليل‬
)3:501( ‫أنه لو ظهر كفؤا يثبت لها حق الفسخ ألنه غرها‬
)177‫) و الحيلة الناجزة (ص‬3:67( ‫كذا يف الفتاوى التارتارخانية‬
17.5.7 Does saying ‘Hell, No’ constitute divorce

Q) About 4 years ago my wife, became extremely angry with me. She
embarrassed me in public and acted so badly I told her while walking away
from her (she couldn’t hear me) that I didn’t want to be married to her. Then
when we got back in the car to go back to our hotel she said, "What are you
doing, I’m your wife". (That was because I had tried to ignore her the rest of
the trip to the zoo). There I said to her: "No" I thought about for perhaps a split
second again and said "Hell. No" (forgive that language as it is common in
America when someone is emphasizing something).
I am not sure whether I said "Hell, no" as emphasis or as a separate declaration.
The confusion is there because I said "Hell, no" after a moment’s time thinking
about her as my wife. I realized that would have brought the count to three, so
I am naturally quite scared.
So how should I handle this, we have two kids and everything. I was told the
following day after that incident that it was only two talaqs and to take her
back by Hanafi Ulama. Until this day I don’t feel good about it. I was a new
Muslim at the time and newly married, so I have learned a lot since then and
don’t feel very safe. The consequences I understand are not at all tolerable if
in fact we aren’t married.
A) You have spoken to your wife three different sentences:
1) I did not want to be married to you.
2) "No" in response to her statement, "I am your wife".
3) "Hell". "No".
Chapter 17
As for the first sentence, it does not amount to be a divorce. It is simply to

express your desire or intention not to remain married to her. According to
Shari'ah if someone expresses his intention to divorce his wife it does not
amount to divorce itself.
As for the second sentence, if you did not speak "No" with the clear intention
to divorce your wife at that point it will not amount to be a divorce. However,
if you have spoken "No" with clear intention to divorce her at that point of
time it became one Talaq-e-Bain.
As for the third sentence, it carries no effect at all because if you did not speak
it with intention to divorce it will not amount to be a Talaq and if you have
spoken it with intention to divorce her this sentence will become void because
once the Talaq-e-Bain is given no fresh Talaq will be joined to it.
It is, therefore, clear from the above analysis that if you did not intend to give her
Talaq by any one of these sentences no divorce has taken place, but if you have
spoken either of the last two sentences with the intention to give her divorce only
one Talaq-e-Bain has come into effect in which case you will have to contract a
fresh marriage with her consent for a new dower. But in this case you will have
to be very cautious during your fresh marriage because if you speak the word
"divorce" twice to her you will not be able to remarry her again.
The above answer is based on the ruling of Hanafi Fiqh which is mentioned in
Fatawa Alamgiriya, vol. 1, page 375.
17.5.8 Marriage dissolved by a non-Muslim judge is not effective

Q) My wife has obtained Khula through the American law without my
consent. I did not divorce her verbally or in writing. Now she insists that she
must go through the process of ‘Halalah’ in order for joining her as a wife.
Kindly guide us to the right course of action according to the Shari’ah.
A) The marriage dissolved by a non-Muslim judge is not effective according
to Shari'ah. Therefore, if dissolution is effected by a non-Muslim judge and
you have never given your wife a Talaq, your marriage with her is intact. You
need not enter into a fresh marriage, let alone making Halala. However, if you
have divorced her orally or in writing at any time, you will have to send the
actual wordings used for divorce. Our answer will depend on the wordings
used by you.
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17.5.9 Is Talaq valid under duress

Q) A Muslim sister, separated from her husband in Karachi, returned to
Canada earlier this year and requested khula from her husband. At first, he
refused, but later when he came to Canada last month on a visit, he was
persuaded to give Talaq. He signed a paper dissolving his marriage, with a
right to visit his children. He did not utter the words of talaq, since he claimed
to be under tremendous duress, and he signed it reluctantly. Is this Talaq valid
and is the marriage dissolved.
A) In the given situation of mental pressure the divorce given by signing
the divorce deed has become effective and merely reluctance of the husband
about signing the deed does not make the divorce ineffective in Shari’ah.
17.5.10 Talaq and the Niyat of the husband
Q) The Fuqaha-e-Kiraam have written that if there is Muzhaakara-e-talaaq
and the husband utters a kinayah sentence then the Mufti who issues a fatwa
has to question the husband about his niyyat or intention. Unlike the Qaadhi
who will rule that talaaq has occurred on the basis of muzhaakara, the mufti
has to pass fatwa according to the husband’s intention, NOT on muzhaakara
or dalaalatul haal. The result of this nowadays is that most times the husband
says that he had NO intention of talaaq. He denies that he had said those
kinayah words with the niyyat of talaaq, even if he really intended divorcing
his wife. And there is no way we can ascertain his niyyat. Sometimes the
whole situation and circumstances indicate that he really wanted to divorce
her. But the Mufti’s hands are tied and he can only rule based on the man’s
intention. Is there any scope in the works of Fiqah whereby the Mufti is also
given the right to consider muzhaakara of talaaq and/or haalat-e-ghadab, etc
and ignore the husband’s niyyat, especially when the external circumstances
indicate that the man really wanted to divorce her. If there is no scope in the
Hanafi mazhab, may we resort to any of the other mazhaa-hib to issue fatwa
according to dalaalatul haal.
A) A mufti is bound to give fatwa on the basis of diyanah. He is not supposed
to investigate about the correct factual position. However, there are two points
to be noted.
1) A mufti should clearly mention in his answer that the ruling given
is based on the question as placed before him. If a person obtains ruling
from a mufti by misstating the facts, it cannot make the Haram thing
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Halal for him. Rather, the divine punishment for him is doubled.
2) Since the wife is taken by fuqaha as qadhi in the sense that she is
bound to act on the apparent words she heard from her husband, she has
to follow dalalatul haal. lf, therefore, the question comes from her side,
she should be told that the divorce given to her has become effective.
And if the question comes from the husband, it should also be mentioned
to him that since the wife has heard the words in muzakarah, it is not
permissible for her to live with you and in such circumstances you should
not compel her to treat you as her husband.
17.5.11 Is Talaq valid on a Christian woman after she converts to Islam

Q) I am an Episcopalian Christian. 4 years back in the presence of 2 male
witnesses, without any mention of a dowry (Mehr) I and a Muslim man
accepted each other as wife and husband. He asked me if I take him as my
husband to the Islamic Law, and I said "yes" and he said, "so do I". He did a
Dowry of $101 later, which was probably symbolic.
Was this marriage valid according to the Islamic law.
After about 3 1/2 years, he divorced me. The waiting time of 4 months has
also passed.
During the past 4 years, I have been learning about Islam. But have been reluctant
to accept it. Now I am leaning towards accepting Islam publicly. Will it make
me eligible to get married to the same man again. This time as a Muslim woman.
I am from the USA and will appreciate if you will please take out time from
your busy schedule and write me back.
A) First of all I congratulate you on your accepting Islam. May Allah bless
you with His Taufeeq. Your marriage with your former Muslim husband was
valid according to Shari'ah, therefore, his Divorce is also valid. If he has
divorced you once or twice you can still remarry him by contracting a fresh
Nikah with him and a new dower. However, if he has divorced you three times
your remarriage with him is not possible according to Shari'ah without an
intervening valid marriage with somebody else.
‫ولو كان المرأة كنت يل أو صرت يل فقالت نعم أو صرت لك كان نكاحا كذا يف الذخرية‬
)271‫ص‬1‫(عالمگرییة ج‬
Chapter 17
17.5.12 Bad-dua, divorce and custody of girl

Q) I am separated from my husband and he has removed our 3-year-old
daughter from me and taken her to live in another country with himself. He has
since remarried another lady and is living with his 2nd wife and my daughter
abroad. However, he comes to London, UK every year for a few months in
which I can meet my daughter for 2-3 months and spend time with her.
Before he married me he had taken oaths (qasams) on Qur'an sharif that he
would never leave me alone or even marry another lady. Also when we went
to the masjid to hold the nikah ceremony he had taken more oaths and qasams
by taking Allah ‫ ﷻ‬name inside the masjid saying that he would never leave/
divorce me or take a 2nd wife and that a marriage held inside a masjid can
never be a fake marriage etc etc. so he had reassured me in every possible way
he could that he was a genuine and trustworthy person because I was very
apprehensive and doubtful of his character and marrying him seemed like a big
risk to me. My parents had passed away and my siblings including extended
family (aunts /uncles) were not interested to find a suitable life partner for me,
therefore i had to take this big step myself.
However now i think i made a big mistake by marrying him as he seemed
more interested in acquiring citizenship through me rather than maintaining the
marriage. I feel extremely hurt, angry, despondent, betrayed, let down, cheated
and mistreated since my husband has left me and taken my daughter away
from me. I miss my daughter a lot and every time I think of what has happened
a bad dua automatically comes from my heart and I pray to Allah ‫ ﷻ‬against
my husband and ask Allah ‫ ﷻ‬to punish him severely in hell fire and in this
dunya both because he destroyed my life and hurt/cheated me badly. My heart
is totally broken and there are no words that can describe my feelings. My
questions to mufti sahib are:
1) Am I doing wrong by giving bad dua to my husband every time I
pray namaz or every time I talk to Allah Taalah. Will this make Allah ‫ﷻ‬
angry with me and will the bad dua come back to me.
2) What does the Shari'ah say about removing a small child from her
mother as in my case my daughter was snatched from me by my husband
when she was just 3 yrs old. Now she is 4.5 years old. my husband told
me that he is doing nothing wrong because he is her father and therefore
allowed to bring her up without me. I feel that what he’s done is wrong
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and against Islam because a small child should stay with her mother if the
parents are separated.
3) If a Muslim man takes oaths (qasams) on Qur'an sharif and on Allah ‫ﷻ‬
name and keeps taking false oaths to gain the confidence of his wife-to-be,
and later on breaks all those oaths and promises and tells lies continuously,
then what is the punishment of this type of action, what does the Shari'ah
say about this.
4) Lastly, I read in Qur'an sharif an ayat which states that good men
will have good women and bad men will have bad women, then why did
Hazrat Asiya ‫ڤ‬, who was a pious woman, have such a terrible and evil
husband like phiron. This particular thing confuses me and doesn’t make
any sense.
A) It is really worst kind of cruelty if your ex-husband has done all this.
1) You have the right to make bad-dua for him to the extent that he
may face the punishment he deserves for his wrong acts, but it will be
rewardable if you avoid bad-dua, and pray for his guidance.
2) He has no right in Shari'ah to take custody of your girl. You have the
right of her custody until she becomes pubert. You have the right to sue
him for that.
3) It is a grave sin to breach one’s oath, for which severe punishment is
prescribed in the Holy Qur'an.
4) The correct meaning of that verse you have referred to should
actually read with verse 3 of the same Surah which says:
" A man who is a fornicator does not (like to) marry but a woman who is a
fornicator or a polytheist; and a woman who is a fornicator does not (like to)
marry but a man who is a fornicator or a polytheist. And this (i.e. preferring to
marry such spouses) has been prohibited for the believers."
Following is the explanatory note on the above verse:

The verse signifies that a habitual fornicator prefers to marry a woman of
similar nature, and vice versa, but it is prohibited for the believers to prefer
spouses of such nature. They should try their best to look for chastity and
modesty while selecting spouses. The verse may be interpreted in some
other ways as well, but the explanation given above, which is adopted by
Maulana Ashraf Ali Thanawi, seems to be most straightforward.
Chapter 17
17.5.13 Conditions of re-marriage between the spouses after Talaq

Q) A close friend of mine has been given talaq mughallaza while she had her
menses. She has 2 little children and is 24 years old. Since she was having her
menses at the time of talaq. I would like to know if this talaq is valid or not. This
talaq happened because of a family argument and I know it was given in anger.
If this talaq is valid my friend has to marry someone, consummate the marriage
and get talaq again to get back to her first husband.
My friend’s case is very complicated as she is suffering from a terminal disease
which is sexually transmitted (HIV). This was passed on to her by her husband
who also suffers from the same disease. There is no chance of her being able
to marry and have sexual relationship with any man because of the disease: I
know that the husband and wife still love each other and regret their divorce
and would like to be with each other again. Is there any way that my friend can
do this if only for the sake of their children. My friend also wears the niqab
and in this country life without a Mehram is not easy for her.
A) Once Talaq-e-Mughallaza is given to the wife there is no way to effect a
new marriage between the spouses except after she marries another person and
he divorces her on his own. Therefore, in the situation mentioned by you in
your question, if the Talaq-e-Mughallaza is given in express words it became
valid despite the fact that it has been given in anger. Now the wife can marry
another person after the period of iddat. If she is a HIV patient this fact should
be clearly mentioned to the person whom she wants to marry.
17.5.14 Litigation between spouses after Talaq

Q) The parties are Islamically divorced from each other. This was sometime
in 1997. The reason for the breakdown in the marriage was that Mrs. X had
admitted to adulterous relationship, the result of which were two children.
The matter is proceeding in the Civil Courts as the ex-husband wants his ex-
wife to reveal the name of the man with whom she has had the affair and
fathered the two children.
1) Is the ex-wife obliged to reveal the name of the man with whom she
has had the affair.
2) If she does reveal his name, can Mr. X sue this man for damages, for
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being the cause of the breakdown of the marriage and for humiliation,
pain and suffering.
A) In answer to your questions about the spouses who have separated but a
civil litigation is going on between them, it is submitted as follows:
The ex-wife cannot be obliged to reveal the name of the man with whom she
has admitted to have had an affair. The reason is two-fold: Firstly, no one can
be compelled in Shari’ah to give evidence against any person, specially, in the
case of adultery where it is always emphasized by the Shari’ah that the matter
should be hidden as far as possible. When the woman of tribe of Ghamid
admitted before the Holy Prophet ‫ ﷺ‬that she has committed adultery, the Holy
Prophet ‫ ﷺ‬did not compel her to disclose the name of the person with whom
she committed the crime nor to speak of compelling her to do so. Secondly,
the admission of the woman can not be used against her illegal sexual partner.
It is not admissible unless that person himself admits to have committed the
offense or it is proved through independent evidence. When a person admitted
before the Holy Prophet ‫ﷺ‬, that he has committed fornication with the wife
of another person, the Holy Prophet ‫ ﷺ‬did not hold it sufficient to punish the
woman. Instead, he ordered Hazrat Unaiz ‫ ﭬ‬to go to her and punish her if
she admits to have committed the crime. Here the admitting person himself
had disclosed the name of his sexual partner, but his evidence was not deemed
to be sufficient to punish her.
There is no precedence in the days of Holy Prophet ‫ ﷺ‬or in the days of
Sahabah ‫ ﭫ‬to claim for the damages, for being the cause of the break-down
of the marriage or for mental pain and agony. However, no specific prohibition
against it is available. Some contemporary scholars are of the view that the
principle of "La zarar" includes the serious damages inflicted upon a person
and if a court of law decrees to compensate any kind of "zarar"., there is
nothing in Shari’ah to bar it. I am still not clear about the issue. However,
even if such compensation is deemed to be allowed in Shari’ah, it can only be
imposed upon a person after the commission of adultery if proved against him
by his own admission or by independent evidence.
17.5.15 Claim of damages by a divorced wife

Q) The husband gave his wife one Talaaq-e-Baain. After the Iddah, her
attorney claims on her behalf damages of impairment of dignity and personality
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rights, vindication of defendant’s constitutional rights and punitive element.

A) You have asked me about a divorced wife claiming damages of impairment
of dignity. No such damages are recognized in Shari’ah unless the husband is
proved to have caused some financial damages apart from giving divorce.
Therefore, it is not permissible for a divorcee to claim such damages.
17.5.16 Wife’s entitlement to maintenance

Q) A brother had been taking drugs. He admitted having taken drugs like
ecstasy and has drugged his second wife. The parents of his first wife also
confirm that they took their daughter away from him because he drugged their
daughter as well.
The father of the second wife is keeping his daughter away from the husband
because he fears that she will be drugged further. The parents of the second
wife suffered intensively to bring their daughter back to normal after the
influences of the drugs.
Since the crime was from the husband, is the second wife entitled to
maintenance in the period that her father keeps her away from her husband in
order for the conduct of the husband to be rectified.
A) If the wife has left husband’s home because he compels her to have drugs
and she cannot defend herself, even with the help of other family members,
she still deserves maintenance from her husband, as she resorted to leave
husband’s home due to his fault. Fuqaha have ruled in similar situations that
the obligation of the husband to maintain his wife continues when she leaves
his home because of his fault and for a just reason. (See Raddul-Muhtar v.4, p.
576 and Badai’ v.4 p. 19).
17.6 Other topics
17.6.1 Adultery and hiding the fact

Q) Would it be right for a man who has performed zina, then marries another
woman, to hide that fact from his wife.
A) It is not obligatory for a person who has committed zina that he informs
any one about it including his wife. He must repent to Allah (ST) and make
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firm resolution not to repeat the act. After he does so he can hide this fact from
his wife.
17.6.2 Permissibility of Contraceptives

Q) Please can you clarify the position with regard to the use of contraceptives
in Islam. In the UK and in the South Africa the view of the Ulama has,
until recently, been that all sorts of contraceptives are Haram. This includes
mechanical and chemical methods. The only form being allowed is coitus
interruptus (or "Azal" as I think it’s known in Urdu).
Now the thinking of the Ulama seems to be that some contraceptives are Halal
e.g. condoms, as long as they are not used out of fear of poverty.
A) From the point of view of Shari'ah there is no difference between using
contraceptives and adopting the method of coitus interruptus. In the cases
where coitus interruptus is permissible the use of contraceptives is permissible
as well, but in the cases where former is not permissible no method of birth
control is allowed.
17.6.3 Not wanting to have children

Q) If a couple is married for 7 to 8 years and the husband refuses to have
children, is this a valid reason for the wife to request separation and can a
group of scholars separate them based on this.
A) The husband cannot take contraceptive measures without the permission
of his wife. He is not allowed in Shari'ah to do so unless the wife is agreeable
to it. This rule of Shari'ah must be explained to the husband. However, this
cannot be taken as sufficient ground for the dissolution of marriage.
Chapter 17
Chapter 18
Wealth Planning, Will & Inheritance 595
CHAPTER
18 Wealth Planning, Will

& Inheritance
18.1 Distribution of Wealth - Gift in Lifetime 596

18.1.1 Wealth planning - Trust arrangement and Shari’ah compliance 596
18.1.2 Distributing wealth in lifetime 600
18.1.3 Unequal Distribution in lifetime 600
18.1.4 Inheritance and a Special Needs child 601
18.1.5 Validity of conditional gift in lifetime 602
18.1.6 Gift to wife 602
18.2 Sadaqah Jariyah (charity or good deed for recurring sawab) 603
18.2.1 The concept of Īsal-e-Sawāb (passing of Sawab) 603
18.2.2 Sadaqah/ Charity for benefit in lifetime and thereafter 604
18.2.3 Establishing Waqf with the intention of Īsal-e-Sawāb 605
18.2.4 Waqf of properties and use of its income 605
18.2.5 Waqf property and its extension 606
18.2.6 Donation for a Water Dam Project 609
18.2.7 Paying non-Halal income to charity in advance 609
18.2.8 Change of intention on a past Sadaqa 610
18.2.9 Tax deduction on charity paid 610
18.3 Wills 610
18.3.1 Distribution of wealth equally after death 610
18.3.2 Distribution of one-third of one’s assets 611
18.3.3 Distribution of assets as per agreement 611
18.3.4 A will of more than one third of the property 613
18.3.5 Will in favour of an heir 614
Chapter 18
596 Wealth Planning, Will & Inheritance
18.3.6 Will and inheritance in a non-Muslim country 616

18.4 Examples of Distribution of inheritance 616
18.4.1 Continuing the business without distribution to the heirs 616
18.4.2 Distribution of asset of a wife 619
18.4.3 Inheritance of a widow - Example 619
18.4.4 Inheritance of a Father - Example 623
18.5 Death benefits receivable by inheritors 625
18.5.1 Pension extended to wife after husband’s death 625
18.5.2 Entitlement to death benefits payable by pension funds 625
18.6.1 Grandson not entitled to the inheritance of his grandfather 627
18.6.2 Delay in the sale of inherited property 628
18.6.3 Receiving inheritance from a non-Muslim mother 628
18.1 Distribution of Wealth - Gift in Lifetime
18.1.1 Wealth planning - Trust arrangement and Shari’ah compliance

Q) I am in need of your kind guidance with respect to my personal financial
affairs (Wealth Planning before demise and Inheritance becoming due) as
follows and would be grateful for your time and guidance.
My objective:
With respect to the wealth that I have today, I believe that if my children
inherit a substantial amount of wealth, in lumpsum, at my death, they may not
be able to handle or manage the same and may lose the money or worse even,
lose themselves with the wealth that they may inherit, all together as a lump-
sum amount.
Forming personal trust
Therefore, I wish that in my lifetime I make a ‘Trust’ in which I would like to
put substantial portion (at least 70%) of my wealth (Trust Funds) and make
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my children the beneficiaries of such a Trust. My wife and I will also be the
beneficiaries of the Trust. The balance of my wealth can still be in my estate
which goes to my heirs according to Shari’ah, at my demise.
From the Trust, my children will receive a monthly disbursement (from the
income of the Trust Funds, equally to the son and daughter) and from time-to-
time disbursement of a part of the Trust Funds on various events in their life
e.g. marriage, education, buying a house etc. or time related e.g. attaining a
certain age.
My children will be the first Beneficiaries of the Trust and although they would
receive the benefits equally (sons and daughters) but they will not receive the
full amount of my wealth put in the Trust as the Trust will continue with
a portion of wealth (not distributed in my children’s lifetime) for the future
generations i.e. their children and so on, in the same manner and following the
same rules. The first beneficiaries will also include me and wife until both or
one of us are alive.
The Trust will be permanent and will continue to run with its income from the
Trust Funds that I will give to the Trust, and even after the disbursement of
part of the Trust Funds, as above, there would remain some Trust Funds for
the next generation i.e. my children’s children and so on. If in the future there
are no survivors left, then all the Trust Funds will be given out to specified
Muslim charities.
I will be the person giving funds to the Trust (the Settlor of the Trust) and the
Trust once made will be irrevocable, and the wealth transferred to the Trust
will not be able to be taken back, so it would be removed from my total wealth
and my control.
However, at the time of establishment of the Trust, I will define the rules with
respect to distribution, and in respect of the investment of the Trust Funds in
a Shari’ah compliant manner (through a Letter of Wishes). The Trustees have
the obligation to follow the rules which I will define, until the Trust remains.
I can change the rules, but the rules cannot be amended by anyone after my
demise.
The Trust Funds will be managed by the bank and the Trust will be made by
one of their Trustee Company in Jersey. As per the legal form of Trust, I will
no longer be the owner of the Trust or Trust Funds; the Trust will be the owner
of the funds.
Chapter 18
Questions:
My questions, apart from any other areas of your guidance, are as follows:
1) Is such an arrangement against the Islamic Inheritance rules. Is it that
I can do any such arrangements in my life and it has nothing to do with
avoiding the Rules of Inheritance, as inheritance will become due only
upon my demise.
Would this arrangement be considered as disinheriting my heirs, as it
is done with the intention to avoid / prevent my full current wealth to
be available at the time of my demise which would lead to the normal
lumpsum inheritance of my wealth at the time of my death.
2) Is such a particular arrangement i.e. the establishment of a Trust and
the Trust Funds and its distribution, and perpetuity over the generations,
Shari'ah Compliant.
3) The Trust will be irrevocable, and the wealth transferred to the Trust
will not be in my control or ownership (it will be in the ownership of the
Trust), therefore, would I be absolved from paying any Zakat on such
portion of the wealth transferred to the Trust.
4) I have discussed the above arrangement with my children, and they
fully agree, willingly, rather appreciate such an arrangement as opposed
to receiving lumpsum money. Would this acceptance of my children make
such an arrangement Shari’ah compliant.
If the above arrangement is not Shari'ah Compliant, then:
1) What are the things I have to ensure so that this arrangement is
Shari’ah compliant.
2) If such an arrangement is not suitable, what else is allowed under the
Shari’ah to achieve the same objective of not leaving all my wealth to be
distributed, in lumpsum, at the time of death, but rather that my inheritors
receive the wealth and income on it over their life, and then their children
with the remaining amount of the wealth.
A) I went through the arrangement you intend to make about your estate.
The objective and the suggested manner to achieve it is good as a whole. But
from Shari'ah point of view, some points must be taken into consideration:
a) The arrangement should be named as ‘waqf’. The term "trust" is a
little different from ‘waqf’.
Chapter 18
b) If it is registered in a non-Muslim jurisdiction, and cannot be named

as ‘waqf’ i.e. it is legally necessary to name it a trust, then a separate
document may be written as ‘waqf deed’ that mentions all the provisions
you have mentioned in your question. This document will remain with
the trustees as a real document to be implemented according to its terms,
and the registration as ‘trust’ will only be to fulfil the legal requirement.
c) If the Waqf fund (though registered as a Trust fund) consists only of
liquid money, it cannot be used by the beneficiaries, but after investing
it in a profitable venue, only the income will be distributed among
beneficiaries. Therefore, it may be more practicable that a considerable
amount is named as "Waqf fund’, and the rest will be donated to the Waqf
fund. For example One million will be a ‘waqf fund’ which will be used
for investment only, and only its income is used by the beneficiary. Then,
9 million for example is given to the ‘waqf fund’ as a donation to it. This
amount may be used directly by the beneficiaries in the stipulated order.
Consequently the amount available for the use of beneficiaries will be 9
million, plus any income derived from the ‘waqf amount’ i.e one million.
d) If the ‘waqf fund’ is a mixture of liquid money and some other
properties, the liquid part will be treated as mentioned in (c) and the
properties will be owned by the Waqf Fund and then, income will be
used by the beneficiaries as per the terms of the Waqf deed, but the Waqf
deed should expressly provide that the mutawalli of waqf (the managing
trustee) may sell these properties if he is satisfied that it will be in the best
interest of the ‘waqf’.
On the basis of the above answer to your specific questions is as follows:
1) This arrangement does not violate the principles of inheritance.
Every person has the right to do such an arrangement before he suffers
from a disease that ends up with his demise (marazal maut) especially
when it is done in the broad interest of his family.
2) Subject to the principles mentioned in (a) to (d) this is compliant
with Shari'ah.
3) No Zakat will be obligated on the Fund or on you as a maker of this
Fund. However, what is given to a beneficiary will be liable to Zakat with
all his other wealth.
Chapter 18
4) Although it is not necessary to get the arrangement approved by your

heirs, if they all agree, it is more desirable.
As the arrangement is acceptable in Shari'ah, no alternative is needed.
18.1.2 Distributing wealth in lifetime

Q) If someone in his lifetime wishes to distribute part of his wealth to his
family i.e. wife and children (including sons and daughters) does he have to
do that equally or chose to give whatever amount to anyone he wishes.
Also, if the parents of the person distributing are alive does that make any
difference in the answer to the above.
A) There are two situations with this respect as follows:
1) If someone wants to ‘distribute’ wealth in his lifetime, all or part (one
should keep some for oneself as he would need for his own living), for the
reason that after his death there may be issues/quarrel in distribution, then
in such a case he should distribute the wealth according to the inheritance
law and proportions as per Shari'ah rules. However, it would be better to
distribute to the sons and daughters equally, although it is not obligatory.
2) In case someone wants to ‘gift’ some amount to his family in his
lifetime then he should distribute to the children equally irrespective of
being male or female. However, he can give more to any particular child
on the basis that he/she has given more service to him or to motivate
someone more.
He can also gift to the wife or the parents without giving to the children or
others but in such a case not without keeping anything for the others.
18.1.3 Unequal Distribution in lifetime

Q) One of my cousin brothers has two sons and one daughter. He has given
one son a house valued at about 2 crore 75 lacs and has named one house
valued about 1 crore 75 lacs to daughter. He has no good relations with another
son on complain that he does not obey me/not doing any work so why should
I accommodate him with equal justifications. Presently (son) is staying in a
house in daughter’s name and his father has asked him to vacate immediately
and find his own arrangements. He has already disconnected telephone lines
and will shortly disconnect gas and electricity connections so that he vacates
Chapter 18
soon. I spoke to him in this matter and he says he is willing to buy a flat for
him worth 25/30lacs and the son refuses to have it on plea, is that fair that he
gives one son a house worth 2 crore 75 lacs and a daughter a house worth I
crore 75 lacs and to me a flat worth 25/30 lacs only. What is the Islamic view.
His father asked me to intervene in the matter and asked me to settle the issue.
What responsibility lies on me for equal justifications. Should I ask the other
son to accept a flat worth 25/30 lacs. His father is bent upon saying he does
not work at all; I have provided bread and butter for him and his family (son
has a wife and one son who is studying in Abbottabad and staying in a hostel)
all these years. So now I do not like to accommodate him anymore. He has
serious differences with him. Father says my son (who has 2.75 crore house)
works for me and he earns for us, so he deserves it.
A) Normally, if a father wishes to offer gifts to his children in his lifetime,
he should maintain equality between all his children, males and females.
However, if he prefers one son over the other because of extra service to him
due to his piety or genuine need, he can do so.
18.1.4 Inheritance and a Special Needs child

Q) I have an Autistic child who cannot look after himself. I am worried about
his upbringing and care, after me, and would like to at least provide some
financial resources for his needs. I also have other children who do not have
such issues and being educated to have a career and take care of themselves.
My questions are:
1) Can I in my life allocate to my Autistic child a part of my wealth,
without giving equivalent to my other (normal) children, for whom I provide
for their education and other needs. Please also note that my Autistic child
cannot have or run his own finances or have a bank account, hence it will
have to be kept in someone else’s ownership on behalf of my child.
2) Can I make a will in the name of my Autistic child to be given a
greater part of my inheritance than what he would normally get as one of
my sons, since his requirements would be extra.
A) 1) The allocation of wealth during one’s lifetime and good health is

considered a form of ‘gift’ (Hiba). Hence, it is permissible to assign a greater
Chapter 18
portion to a son due to a valid reason, such as being autistic as mentioned in

your question. However, in normal circumstances, it is advisable to adhere
to principles of justice and equality when distributing wealth.
2) It is not permissible to make a will in favour of an heir, but you can
allocate an additional share of your wealth to your autistic child during
your lifetime, as mentioned above.
18.1.5 Validity of conditional gift in lifetime

Q) If the property ("principal residence") in which we are currently living is
gifted to one or more of my children, is it possible to make the gift conditional,
meaning that both my wife and I can live in it until our death such that if one
spouse died earlier the surviving spouse will have the right to abode until his/
her death. Of course, when this gift takes place, the other children will also be
gifted so that each one of them receives an equitable share. Those receiving
property other than the principal residence will have a lesser value in order to
offset the risk taken by those children receiving the earlier because they may
not have possession of it for a long time.
A) It is a necessary condition for the validity of a gift in Shari'ah that the
beneficiary (donee) takes possession of the property. Without his taking
possession the gift is incomplete and therefore it will remain the property
of the donor in case he dies before giving possession of the property. In this
case this property will have to be distributed among all the legal heirs of the
donor. It is, therefore, not correct to make a gift conditional to continuing the
possession of the donor. However, once the possession of the property is given
to the donee, the latter with his free choice can offer the donor to live in the
house but the donee cannot be compelled for it.
18.1.6 Gift to wife
Q) If a person is distributing asset to his children equally during his lifetime
what, if any, will be the share of his wife.
A) If a person wants to affect a gift to his wife during his lifetime no specific
share is prescribed by Shari'ah. He can gift her whatever proportion he thinks
fit with the only condition that this act should not deprive his other legal heirs
of his inheritance.
Chapter 18
18.2 Sadaqah Jariyah (charity or good deed for recurring

sawab)
18.2.1 The concept of Īsal-e-Sawāb (passing of Sawab)

Q) Can you kindly explain the concept of Īsal-e-Sawāb especially with
reference to the Hadith that a person is only deserving of sawab for what he
performs physically in his life except the three things mentioned in the Hadith,
which can continue to benefit him after he passes away from this world.
A) Conveying the reward (Sawāb) of Nafli Ibādaat (i.e., recitation of the
Qur’ān, Nafl Sālāh, Sadaqah etc.) to a Muslim or group of Muslims is called
Īsal-e-Sawāb. It can be done for the people who are alive and for those who are
not1. There is no specific way, day, place, or deed for Īsal-e-Sawāb. Instead,
specifying such things is not correct2. The Hadith you have referred to is
mentioned in Sahīh Muslim and other books as follows:
Abu Huraira ‫ ﭬ‬has reported that Allah’s Messenger ‫ ﷺ‬has said:
" When a man dies, his acts come to an end, but from three things: Sadaqah
Jāriyah, (a charity the benefits of which last for a long time), or knowledge (by
which people) benefit, or a pious child, who prays for him (for the deceased).
[Sahīh Muslim 1255/3]"
This Hadith specifically teaches us about Sawab and benefit reaching the
deceased person for his good deeds done in his lifetime and emphasizes on
such pious acts the Sawab of which is recurring.
There are some other Ahadith on Īsal-e-Sawāb as well. For example, the
Hadith of Hazrat Sa’ad Ibn-e-Ubadah ‫ ﭬ‬mentioned in Sahih Bukhari. When
his mother died, he asked the Prophet Muhammad ‫ ﷺ‬that he wants to give a
Sadaqah on behalf of his mother, will it be beneficial for her. The Prophet ‫ﷺ‬
said, yes. [Sahīh Bukhari Vol 4, Page 7]
Although one is not entitled for the Sawāb except for one’s own deeds. But if
any person conveys the reward of good deeds to another person it reaches to
him or her3, as it is clear from the above Hadith and other Ahadith on Īsal-e-
Sawāb.
1 See Raddul Muhtār (Hāshiyah ibn-e-Abidīn)243/2

2 See Fatāwā Darul Uloom Karachi Vol 1, Page 153 and Fatāwa Al-Bazāziyah 38/1
3 See Takmilah Fathul Mulhim Vol 2 Page 115
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18.2.2 Sadaqah/ Charity for benefit in lifetime and thereafter

Q) I have been doing and continue to Alhamdulillah do some charitable (non-
Zakat) donations in my life for sawab / blessings in my Aakhirah. However,
after I die, I will not be able to do any such charity.
Is it better that I also set aside, today, a sum of money with instructions to
someone to give to charity some money daily on my behalf as sadaqa/charity
for me, so that I can continue to get sawab and blessing every day (for a
longtime) after I have passed away from this world. Is that better or is it more
beneficial to give out charity in my lifetime as opposed to in the above manner.
Which is advisable and will carry more sawab for me ultimately.
Related to the above is also that if I set up a (Shari'ah compliant) Trust (Waqf)
which gives out monthly income to the family members after I die. Should I
also put a clause in the Trust to distribute some money monthly to a charity as
well, after I die. Would that also be better to continue to get Sawab after I have
passed away from this world or is it relatively better to give out such money
in charity in lifetime, or both.
A) It is better to do Sadaqah, including Sadaqah Jariyah, like Waqf, during
your lifetime, so that thawab starts accruing in your lifetime, and continues to
accrue thereafter. Directing that some part of one’s inheritance is kept aside
and is spent gradually in charity is a wasiyyah, and can be carried out from
only one third of the estate; whereas there is no such restriction on Sadaqah
offered during one’s lifetime (before Marazul Mawt). Any amount of one’s
wealth can be given in Sadaqah, if the intention is not to deprive one’s heirs
from their rightful share in his inherited estate after his death.
A waqf can be made during one’s life (before Marazul Mawt). The necessary
condition is that its benefits are ultimately stipulated to be given to a charitable
purpose that is available everytime. Before that stipulated time, one can make
himself or his family or relatives as beneficiary of the waqf.
For example, one may stipulate that the income of the waqf or a certain part
of it shall be given to himself during his life, or to some of his relatives during
their lives, but ultimately it must be given to a charity. It should also be clear
that spending on one’s family also falls within the general meaning of Sadaqah,
and it is likely that this will hold more reward than charity done on strangers,
as it entails maintaining family ties as well as Sadaqah. However, you should
stipulate a charitable cause that does not cease to exist, like ‘the poor and
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needy’, as the ultimate beneficiary of the Waqf, after the initial beneficiaries
(family members) are not alive.
)349 /4( ‫لما ىف رد المحتار‬
‫ والصحيح أن التأبيد شرط اتفاقا لكن ذكره ليس بشرط عند أيب يوسف وعند محمد‬:‫قال يف الدرر‬
‫ال بد أن ينص عليه اهـ وصححه يف الهداية أيضا‬
18.2.3 Establishing Waqf with the intention of Īsal-e-Sawāb

Q) I wish to establish a Waqf with a regular property income so that the
income may be utilized forever for various types of charity. I want to make the
niyat of isale sawaab on behalf of myself and my family members including
my late father and my mother who is still living with me. Is it ok to establish
a source of income and make the niyat of isale sawaab during one’s lifetime
itself and also is it ok to make the niyat for the benefit of all the family members
at the same time.
A) In the aforementioned case your intention to establish a Waqf with a regular
property income in order for it to be utilized for various types of charities
is permissible. Your intention for isale sawaab during your lifetime for the
benefit of all the family members is also permissible.
18.2.4 Waqf of properties and use of its income

Q) An African Muslim of Mumbasa dedicated some of his properties as
Waqf to the mosque.
After his death his son and his brother-in-law administrated these waqf
properties as Trustees.
In the year 1900 the Government of Kenya passed a Waqf Commissioners
Act, these two people voluntarily transferred these properties in the waqf
commission in 1903.
Today the properties are earning large sums of money which exceed the needs
of the mosque, when at the same time the members of the family are suffering
economically.
Now the question is whether the surplus funds of the said Waqf properties can
be spent on the welfare of the family or not.
Your fatwa according to Sunni Shafi sect will be of immense assistance.
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A) The answer to your question is given according to the Sunni Hanafi

school. Our knowledge about the Shafi school is very limited, so if you want a
fatwa according to the Shafi school you should consult a Shafi Aalim in Saudi
Arabia or in Egypt.
According to the Sunni Hanafi school, the properties dedicated by the late Mr.
or his descendants, as waqf, for the mosque have become mosque’s properties,
for the documents show that no interest has been secured for the family. Now
all the properties with all these properties with all their income are the sole
property of the mosque and cannot be spent in any other purpose other than
the maintenance of the mosque.
If the incomes of the said property exceed the needs and requirements of the
mosque, and it is believed that the mosque will never need them, the surplus
funds in such a case can be spent in the benefit of another mosque which falls
nearer to the mosque (of original waqf). Thus, the surplus funds can be spent
on the nearer after nearer mosques, but in no other purpose.
This rule is clear from the Hanafi book of Fiqh (see Shami Page 271 V.3)
It is evident from the above-mentioned rule that the surplus funds of the Waqf
properties cannot be returned to the family yet it will be desirable to give them
an employment in the maintenance of the properties or in the management
of the mosque. In such a case employees will be entitled to get salaries or
allowances.
As for the Waqf Commission, it is incumbent upon its members to keep all
accounts of the Waqf up to date to ensure that the incomes arising from the
Waqf properties are managed and spent in a proper manner according to
Islamic law of waqf and to use the surplus funds, if any, in the maintenance of
other mosques and no other waqf.
Lastly, we repeat that all the rules written above are according to the Hanafi
jurists. For a fatwa according to the Shafi school, the Shafi Ulema must be
consulted.
18.2.5 Waqf property and its extension

Q) The Incorporated Trustees of the Islamic Community Fund of Hong
Kong is the custodian and manages all 5 Masjids and 2 Muslim Cemeteries
in Hong Kong. Jamia Masjid, Shelley Street is the oldest Masjid given to
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Muslim soldiers serving British Army in early nineteenth century. The space is
big and actual Masjid building occupies about 20% of the area. During World
War 1 and 2, some Muslim families were allowed to stay temporarily by the
Imam or the people looking after the Masjids. Some good families left when
they found some place, or their own house were rebuilt. Some did not leave.
But it becomes the practice to occupy the space illegally without permission
with the help of those who lived there. It is sort of illegal sale and purchase
going on since then.
This Trust was registered in 1970 and Government of Hong Kong gave all the
above properties to this Trust. The Trustees tried their best to convince these
people to leave the space illegally occupied by them, as we need to expand the
Masjid and other facilities for the benefit of Muslims of Hong Kong, but they
did not leave and dispute with the Trustees. We have to go to court, and case
is still pending.
Now our solicitor is a Hong Kong Chinese Muslim who suggested making
our case stronger if we can explain to Judge the definition of "Musafir Khana"
and its concept in Islam. We have to explain that it is practice in Islam to help
a brother Muslim or visitor to accommodate in "Musafir Khana" temporarily.
But nobody is allowed to stay there permanently. The judge will only accept
some "Fatwa" from a highly ranked scholar authorized to issue such Fatwa
or explanation of "Musafir Khana" and if possible have seen the place, must
quote some reference form Qur'an or Hadith. We are sending you some photos
old and new for your ready reference of the Masjid and squatters. We need the
definition of "Musafir Khana" and its practice in Islam and request your good
self to send us as soon as possible. The solicitor and Imams letters are also
enclosed.
We shall be obliged for your kind help.
A) The following points should be understood before the answers to your
questions.
1) The word ‘Musafir Khana’ is used in the books of Islamic law for
the inns that provide temporary residence for travelers. It is not necessary
for it to be a charity. Anyone can establish his own property as a Musafir
Khana as well.
2) A Musafir Khana can be established near a mosque as well as apart
from a mosque. It is not essential for it to be on the premises of a mosque.
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3) An endowed property must be used according to the conditions of

its endowment (waqf). Therefore, if the Musafir Khana was established
and endowed for the benefit of the travelers, it would be necessary to use
it for the travelers and it would not be permissible for anyone to take up
permanent residence in it.
4) No one is the owner of an endowed property. So, it can neither be
sold, nor be purchased and if it is sold, the transaction is invalid according
to Shari’ah.
Now, the answer to your question is that it is not allowed at all for the residents
of the Musafir Khana to stay there permanently, for the Musafir Khana, whether
it is a waqf or owned by the mosque, cannot be owned by anyone. It should
rather be used according to the conditions of its endowment or according to
the approval of its owner. Therefore, it is incumbent on the residents to vacate
the premises of the Musafir Khana.
As for the addition of the Musafir Khana to the mosque, its ruling depends
upon a number of factors according to the following detail.
a) If the land of the Musafir Khana belongs to the mosque then it may
be used in extension of the mosque.
b) If the land of the Musafir Khana does not belong to the mosque and
was endowed for the Musafir Khana as separate from the mosque, then
it is necessary to use this land as a Musafir Khana and it cannot be used
in extension of the mosque because, as mentioned earlier, an endowment
(waqf) must be used according to the conditions laid down by the endower.
However, if there was a condition by the endower that the land of Musafir
Khana can be replaced by a new one in future, then it will be permissible to
purchase this land from the endowment and use it in extension of the mosque.
In this case it will be necessary to purchase another place for Musafir Khana
out of the sale proceeds. And if there was no such condition by the endower
at the time of his endowment, then the Musafir Khana can only be used in
extension of the mosque if the following conditions are fulfilled.
i) The Musafir Khana is in such a condition that it can no longer be
used as a temporary residence for the travelers.
ii) The market value of the Musafir Khana must be paid and the new
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Musafir Khana must be established in its place. This new Musafir Khana
will also be deemed as an endowed property.
iii) The new Musafir Khana must be in the same locality as the previous
one. Nevertheless, if the other locality is superior to the old one, then
it can also be selected for the Musafir Khana. (Ref: Register of fatawa
11/184)
iv) The replacement is carried out only with the permission of a qualified
Muslim judge or the relevant committee or trust. (Ref: Register of fatawa
6/764)
If the aforementioned conditions are fulfilled then the Musafir Khana can be
used in extension of the mosque and if any one of these conditions is not met,
then it will not be allowed to do so. However, as stated above, the residents of
the Musafir Khana are in no way allowed to stay there permanently.
18.2.6 Donation for a Water Dam Project

Q) Whether the amount donated for a Dam project recently announced by
the Government is Sadqa-e-Jaria.
A) Yes, it is Sadqa-e-Jaria.
18.2.7 Paying non-Halal income to charity in advance

Q) For Zakat, our understanding is that one can give away small amounts
throughout the year with the intention of "next year’s Zakat" and calculate the
total amount given as Zakat at the end of Islamic Year (assuming the person
was Saheb-e-Nasab at all times). Can the same apply to Wajibut tasadduq
where one gives charity to eligible people at different times during the year
and calculate the total due at the end of year.
A) In case of Wajibut tasadduq, one cannot pay in advance in the sense
that any impermissible income expected to generate in future cannot be
expiated by giving equal amount in charity in advance. Similarly, if Wajibut
tasadduq amount has been separated for distribution in charity, the charity
must be given from that specific amount and it will not be right to spend in
charity some other amount and then reimburse it from the Wajibut tasadduq
amount.
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18.2.8 Change of intention on a past Sadaqa

Q) Someone gives away general Sadaqah (charity) throughout the year. Now
he learns that Wajibut tasadduq was also due on some of his impermissible
income (such as previous impermissible stock sale). Can he change his
intention, and count the previous general Sadaqa for fulfilling the responsibility
of Wajibut tasadduq.
A) No, a previous Nafl (optional but advisable) Sadaqah cannot be converted
into Zakat or into Wajibut tasadduq (necessary to dispose of in charity) amount,
unless the amount of Sadaqah is still in the possession of the person to whom
Sadaqah is given, which is difficult to imagine in your case.
18.2.9 Tax deduction on charity paid

Q) When one gives any amount to a local charity (Zakat, Wajibut tasadduq,
general Sadaqah or Qurbani to feed the poor in another country), one is eligible
to get a tax deduction from the Revenue Services next year. This means a
benefit, either less taxes to pay or a refund if higher tax was already paid.
Since Wajibut tasadduq money is given on behalf of its unknown owner, is
it allowed in Shari'ah to get a tax deduction. To make paperwork simple, can
one take the tax deduction and give the corresponding amount away as charity
again.
A) One can benefit from the tax deduction given to him by the government
on the basis of Wajibut tasadduq amount. This is not impermissible. Although,
this amount is given on behalf of unknown owners, yet it does not mean that
the deduction in the tax amount must also be given in charity because this is
an indirect benefit that cannot be transferred to the original owner.
18.3 Wills
18.3.1 Distribution of wealth equally after death

Q) If one wishes that his wealth is distributed equally to his children and
wife after his death but does not wish to distribute or inform the children and
wife now, how can one achieve that.
A) This is not possible as equal distribution or distribution in any other way
has to be achieved in life. Otherwise the wealth remaining at the time of death
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will be distributed according to inheritance law.

Also a Will cannot be made in favour of an heir.
However, there are two alternative ways to achieve that:
1) Form a company in which make everyone an equal partner. Park all
the wealth which needs to be distributed in such a vehicle. In this case
you do not need to show the assets to the children now but it is already
distributed and owned equally.
2) Create a Trust or Foundation for the benefit of the heirs and pass
on all assets there to be taken advantage of equally. This is called ‘Wakf
Awlaad’ (Foundation or Trust for children).
18.3.2 Distribution of one-third of one’s assets

Q) I have been advised by my friend that he has read in some Hadith that
one-third of a person’s assets can be distributed, if he so desires, to people
other than his heirs during his lifetime. Is this understanding correct.
A) The limit of 1/3rd of one’s assets relates only to the "wills" made in favor
of a person other than an heir. So far as the gifts during the life of the owner
are concerned there is no such limit prescribed by Shari'ah and one can give
his property to whom he wants in whatever quantity he wishes subject to the
only condition that his intention is not to deprive his legal heirs.
18.3.3 Distribution of assets as per agreement

Q) I would be grateful if you ease the tension in our family by answering
a few questions. It would be appreciated if all questions are replied as soon
as possible and in detail. During January 2000 my dad decided to distribute
his assets which stood as follows to avoid conflict after his demise. We are 3
brothers and four sisters.
- House on Provident Street, Lusaka, Zambia (approximately valued
at $120,000 at that time).
- Cash in various accounts
- Property on Brandon Street, Bolton, UK. (valued at approx. £25,000
at that time)
- 50% Share in Property on Cranbourne Road, London, UK (His share
valued at £50,000 at that time).
Chapter 18
- Property on Coventry Road, London, UK (Valued at approx.

£150,000 at that time).
- He had following shares in property in India:
- 25% Building, Bombay, India
- 25% Plot
- 25% in another building in India.
- Shop and Flat in Zambia (approximately valued $120,000 at that time).
- Various other assets like car etc.
- I owed him £9000
- My elder brother owed him £3000.
My parents had no intention to deprive any one of us of their inheritance and
he told us to decide how we were going to split. The property was split as per
attached agreement. My questions are as follows. All this should be according
to Shari'ah.
1) Is the agreement valid.
2) If the agreement is valid and the distribution is not equal, do my
parents get any sin for not distributing equally.
3) If they are sinful for not being equal, is there a way to rectify the
situation and also is there a way by which the parents can be forgiven. If
we all forgive them are they forgiven.
4) Since it has not been equal we have decided on our own accord to
distribute as per attached sheet.
a) Is it valid to do so.
b) My elder brother has given his share to his wife; can he take
back the gift.
5) The parents forgave the debts of both the brothers. Is this valid.
A) Before answering your questions it should be understood that the
distribution of one’s assets during his lifetime is not the distribution of his
inheritance. Rather it is considered a gift. The Shari'ah ruling with regard to
gifting to one’s children during his lifetime is that all children whether male or
female be given equally. However, if there is a valid reason for granting one
Chapter 18
child more and the other less, e.g. one child is more in need and was thus given
a larger portion, or one particular child is more obedient, or he or she is more
God-fearing and pious as compared to the others, then one would be allowed
to do so and he would not be sinful for such a distribution. On the other hand,
if the inequality in gifting to the children is not due to a valid reason, rather it
is to deprive the other children or to cause harm to them, then it is Haram and
one would be sinful for such a distribution.
Once the above basic principle has been understood the answers to your
questions are as follows:
1-3) Since this distribution was made with the consent and agreement of
all the children and it was not in order to deprive the other children nor
was it to cause harm to them, this agreement is valid.
4) a) If all the heirs approve of this agreement and they are all sane
and mature then this agreement would be valid.
b) It is not correct for your elder brother to take the gift back given
to his wife if she has already taken possession over the property.
5) This is permissible.
18.3.4 A will of more than one third of the property

Q) On page 5 of the October, 1993 issue of Al Balagh I have read with interest
the commentary on Verses 180 - 182 and particularly the Hadith narrated by
Sayyidna ibn ‘Abbas and the conclusion given which purports to make it
permissible for an inheritor to receive more than his/her share if all inheritors
allow the enforcement of a will which names an inheritor to receive more than
his/her share.
From previous issues several months back and from other material read, it was
my understanding that only one third of the total net assets can be gifted as part
of a will to non-inheritors and that no allowances in gifts can be made to normal
inheritors where their share would exceed that which is ordained by Allah.
Please comment on this aspect of inheritance laws and remove any confusion
or misconception that has cropped up in my mind and possibly in other readers
minds too.
Chapter 18
A) Answer to your question is very simple. Islamic law of inheritance does

not permit a person to make a will in favour of anyone of his legal heir so as
to increase his share in the property of the deceased to more than the share
prescribed for him by the Shari’ah. But this limitation has been imposed only
to protect the rights of other inheritors, because any increase in the share one
heir would violate the rights of the remaining heirs whose shares would be
reduced. However, if all other inheritors are sane and major, they can waive
their right in favour of some other inheritor. Therefore, if a deceased person
has made a will in favour of one of his legal heirs, and all other inheritors,
being sane and major, have consented to enforce it, there is no bar in Shari’ah
against its enforcement, because the restriction was meant to safeguard the
rights of all the legal heirs and if they themselves have waived their rights,
there is no violation of any right in its enforcement. It will be like a gift made
by them in favour of the legatee. It is this principle that has been enunciated
in the Hadith of Sayyidna Ibn Abbas quoted in Ma’ariful Qur'an in the
following words:
"There is no will for any inheritor unless all inheritors permit."
But it should be kept in mind that the permission of other inheritors will be
effective if they have given such permission after the death of the testator. The
permission given in his lifetime is not a valid permission unless it is confirmed
after his death.
Similarly, the restriction that a person cannot bequeath more than one third
of his property is also meant for the protection of the rights of the legal heirs.
But if all of them, being sane and major, are agreeable, a will of more than
one third of the property can also be enforced. For example, if a person has
bequeathed one-half of his property to a Mosque, and all the legal heirs are
agreeable to enforce it, they can do so, but in this case the thawab of one third
will go to the deceased and the thawab of the remaining one eighth will be
deserved by his legal heirs who have foregone this part of their share for a
Mosque.
18.3.5 Will in favour of an heir

Q) I have summarized my understanding of wealth distribution based on an
assumed figure of 1,000 per attached Excel sheet.
Chapter 18
Wealth Distribution - total wealth 1,000

Lifetime gifts
Wife 120
Elder Daughter - with special needs 56
Son 42
Daughter 42
Total 260 i.e 26% of 1000
Wealth net of lifetime gifts 740
Will on demise
Charity - SadaqahJaria 73
5% - daughter’s son 37 i.e. 15% of 740
Wealth net of distribution as per will 630
Heir’s shares per Shari'ah Laws
Wife 12.5% 79
Wealth net of Wife’s share 551
Son 50% 275
Daughters each 25% 138 276
A) I went through the proposal. Nothing is against Shari'ah except a will in
favor of your daughter, because no will can be made in favor of a legal heir.
However, you may make a will in favor of her son. May Allah bless you with
His taufiq.
Q) We can certainly give that money to her son Taha, who is now 16 years
old. In two years’ time he will be 18, I mean major from law perspective. In
this age, and the place like Canada it may not be possible for our daughter, her
mother, to control him and how he disposes off the funds. This was the reason
we thought to give that money to our daughter instead, but clearly marked that
these funds are for her son Taha. Please advise.
Also, the house we are living in here as well as in Pakistan, I have written in
my will as a gift to my wife on my demise, and on her demise these houses
will go to our elder daughter [she is dependent on us] as a gift from her. This
has been discussed and agreed by my wife. This is what I also wanted. But
wasn’t sure if one can do a conditional gift in Joint Tenancy, and it passes on to
survivor. She will counter sign the Will document in which all this is written.
Chapter 18
This would also be considered as her Lifetime gift.

However, in her case, the distributable Estate would be some cash, gold, and
her share in my estate. That would be distributed in due proportion among
three children i.e. the elder daughter won’t get any preference. Please advise.
A) As I have mentioned before, no will is permissible nor effective in favor
of a legal heir.
18.3.6 Will and inheritance in a non-Muslim country

Q) We are living in non-Muslim secular country in the West, where there is
complete freedom of worship. However, civil laws prevent practicing some of
the family laws, e.g. unless a will is made, inheritance is subject to civil laws.
A) In the matters of inheritance it is a duty of every Muslim to write a will
in a manner that his property can be distributed between his heirs recognized
by the Shari'ah. If they do so the will shall be recognized by the law of the
land also. It is advisable that a model will is provided for that purpose and
widely circulated among the Muslims who can seek guidance from that draft
in writing their own wills. If you wish to draft such a model will, I would
advise you to contact my friend in South Africa who has drafted the model
will for the Muslim community of South Africa.
18.4 Examples of Distribution of inheritance
18.4.1 Continuing the business without distribution to the heirs

Q) Yousuf has a moderate sized business. Two of his sons assist him full
time in the business. Two daughters are married. Yousuf passed away. The
estate is not wound up immediately. Yousuf’s two sons continued with the
business. Finally, after ten years it is decided that the estate should be wound
up and each person given his/her respective share. In the meantime, since
Yousuf’s demise the business which was worth at Rs. 1,000,000 is now worth
two million.
1) a) From what amount will the shares be calculated. Will the heirs
who are not in the business be regarded as sleeping partners, whose
capital was employed for the ten years after Yousuf’s demise, and
therefore be entitled to a share from the 2 million, or will their shares
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be calculated only from the Rs. 1,000,000 and be regarded as an

Amanat in the possession of the two brothers, in the business, for the
past ten years.
b) Will it make any difference if the heirs out of the business had
been demanding their shares constantly over the past ten years but
no attention was paid by those in the business (i.e. will the mas’ala
be any different in this situation compared to the situation where,
after the demise of Yousuf, no heir spoke any word about their shares
on the inheritance, and the first time this matter is touched on after
ten years).
c) What will be the mas’ala if the shares were worked out
immediately upon the death of Yousuf, but the heirs running the
business did not relinquish control and continued to run the business
for the next ten years, without having paid out of the shares of the
other heirs, despite having undertaken to do so upon the death of
Yousuf.
2) Is the mas’ala in the following situation the same, one partner "walks
out" of the business without taking anything, and after ten years demands
to be given his shares. Will he be entitled to his share from the value of
the business at that time "walking out" or the present value ten years later.
A) It is a mandatory obligation of the heirs of a deceased person that
immediately after his death they divide all his estate among themselves
according to the shares prescribed by the Shari’ah. It is very unfortunate that
most of the Muslims today do not comply with the rules of Shari’ah in this
respect, and their negligence leads to serious disputes between the heirs of the
deceased, and by the passage of time, the problems become more complicated.
In the instant case, it was the duty of the two sons of Yousuf that they
distribute the estate between the legal heirs of their father or, at least, they
should have affected a settlement with them, either by purchasing the shares
of the other inheritors in the business, or by affecting a partnership with them,
or by getting their permission to continue with the business on specific terms
and conditions. If they have not done so, as it appears from the question, then
it was not permissible for them to continue with the business, and to use the
capital of other inheritors for their own benefit. Therefore, all those profits
which have accrued against the shares of other inheritors are not Halal for
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them. They can enjoy the profits accruing against their own shares, but they
have to surrender all the profits relatable to the shares of the rest of the heirs,
according to their respective entitlement according to Shari’ah.
It does not make any difference whether the rest of the heirs had demanded
their shares or not, because it was the duty of these two sons either to pay the
share of each inheritor in the business or to make a settlement with them, and
it was not lawful for them to use their shares without their permission.
However, it will be advisable for the benefit of both parties that they enter into
a compromise between them by taking these two brothers as active partners
of the business, and treating the rest of the heirs as the sleeping partners. In
this case, an additional proportion of the profit may be allowed to the working
partners against their labour, while rest of the heirs get lesser proportion of the
profit as sleeping partners generally do.
In short, the standpoint of the two sons running the business that the shares of
other inheritors must be calculated only from one million is not acceptable,
neither from the point of view of Shari’ah, nor on the basis of justice and equity.
The general principle of Shari’ah in this case is that they deserve only that part
of the aggregate profits which relates to their own shares of inheritance, and
the rest of the profits should be surrendered to each of the inheritors according
to his entitlement in the inheritance.
However, both the parties may effect a compromise by treating the business as
partnership between all the inheritors, whereby the proportionate profit of the
two working sons may be increased visa-a-vis the other partners on account
of their labour. Such a compromise will be more advisable, because it seems
to be more equitable keeping in view the circumstances referred to in the
question.
The case of a partner who walks out of the business without taking anything
is different from the case of inheritance, because such a person has terminated
the contract of partnership through his own free will. Therefore, he is entitled
to those profits only which have accrued upto the time of the termination of
the partnership.4
4 The situation is different where the withdrawing partner, who "walks out", demands his share in the
partnership, but the remaining partners refuse or otherwise deliberately delay such payment of the
share of the withdrawing partner. The refusal to pay such share amounts to GASB and will confer on
entitlement in favour of the withdrawing partner to claim a share of the profits on his own capital for
the period as from date of dissolution until date of payment, according to certain jurists. (EDITOR)
Chapter 18
He was entitled to get these profits at the time he left the business, but his
failure to do so is a tacit permission to the remaining partners for continuing
the business and treat his share of profit as trust with them. Therefore, he
cannot claim the additional profit accruing after he terminated the partnership.
On the contrary, in the case of inheritance, the business after the death of
the original owner came into the joint ownership of the inheritors, and no
inheritor can use the share of the other without his express permission. Even
if other partners remain silent, it did not mean that they had terminated their
partnership with their free will. Therefore, the analogy of regular partnership
cannot be applied here.
18.4.2 Distribution of asset of a wife

Q) If I die before my husband, what share of my assets goes to my husband,
three daughters, one son, my mother and others.
A) The shares of the inheritance always depend on the actual situation at the
time of death of a deceased person, therefore, it cannot be said for sure how
much share will be acquired by a particular person after the death. However,
a rough estimate about the situation mentioned by you is that your husband
will get 1/4th of your property, your mother will get 1/6th and the rest will be
divided into 5 (five) equal shares wherefrom each one of your daughters will
get 1 (one) and your son will get 2 (two) shares.
18.4.3 Inheritance of a widow - Example

Q) I shall be grateful if your office can send me the answer to this case of
inheritance. The details of the case are:
A Widow died with the following survivors:
- Mother
- Three daughters
- Brothers and sister
- Her husband who died 20 years ago also has brothers and sisters.
A) The Shari procedure for the division of inheritance is that the entire
property left behind by the deceased, including all movable or immovable
property, gold, silver, jewelry, cash, clothes, household items, or any other
Chapter 18
type of property, is regarded as the estate of the deceased. The (average) costs
of the deceased’s burial are to be deducted from this amount, if they have not
been paid voluntarily by someone, and then any debts owed by the deceased
are to be paid from the estate. Then, if the deceased has made any (Islamically
permissible) bequest, this should be implemented, up to a limit of one-third of
the remaining property.
Following this, in the situation described in your question, the remainder
of the property should be divided in to eighteen (18) equal parts. Of these,
three-eighteenths (3/18) are to be given to the mother, four-eighteenths (4/18)
to each of the three daughters, and the final three eighteenths (3/18) are to
be divided amongst the brothers and sister, in accordance with the Qur'anic
injunction ‘for every male a share equal to that of two females’, i.e. the males
will receive double what the female receives. (As your question does not
mention the number of brothers, it is not possible to be more specific about the
details of the division). And Allah knows best.
Q) In respect of distribution of inheritance, please respond to the following
situations:
1) A widow passes away leaving behind the following relatives:
- A married sister and a married brother with children
- A married daughter with children
- A widowed daughter-in-law
- Orphaned grand children
2) A widow passes away leaving behind the following relatives:
- A married daughter with children
- Children of two deceased sisters
How will the assets (minus the liabilities) of the deceased be distributed
in each of the above situations.
3) Is it incumbent upon heirs to set aside before distribution a sum to
meet expenses for Hajj-e-BadaI, if the deceased had not performed Hajj
in his lifetime despite his physical and financial ability to do so.
A) The answer to this question depends on what you mean by "grandchildren".
There may be four situations, and the answer in each case will be different.
Chapter 18
1) a) If the grand children are only the male children of the son of the
deceased lady, the answer will be as follows:
i) The brother and sisters and the daughter-in-law of the
deceased shall not get any share in the inheritance. They are not
her legal heirs in this situation.
ii) One half of her inheritance shall go to her real daughter
and the remainder half shall be distributed between her male
grandchildren equally.
b) If the grandchildren consist of only the female children of her
son, the distribution shall be effected in the following manner:
i) The daughter-in-law shall not get any share.
ii) One half of the inheritance shall go to the daughter of the
deceased lady.
iii) One sixth of the inheritance shall go to her granddaughters.
If they are more than one, this one sixth shall be divided between
them equally.
iv) The remainder of the inheritance shall be divided into three
shares, out of which two shares shall be received by the brother
of the deceased lady, and one share shall go to her sister.
c) If the grandchildren are both male and female, the distribution
shall be in the following terms:
i) The daughter-in-law, the brother and the sister of the
deceased lady shall not be entitled to have any share in the
inheritance.
ii) One half of the property shall vest in the daughter of the
deceased lady.
iii) The other half shall be distributed between her grand-
children, so that each grandson shall get double of the share of a
grand-daughter. For example, it there are two grandsons and two
grand - daughters, this one half of the property shall be divided
into six shares, out of which two shares shall be received by
each grandson and one share shall to each grand-daughter.
Chapter 18
d) If the grandchildren are the children of the daughter of the

deceased, the answer shall be as follows:
i) The daughter-in-law and the grandchildren shall not receive
any share from the inheritance.
ii) The real daughter shall be entitled to get one half of the
property.
iii) The remaining one half shall be divided into three shares,
out of which two shares shall be received by the brother of the
deceased lady and one share shall go to her sister.
It will be clear from the details given above that the manner of distribution
in the Islamic Law of Inheritance is so diversified, that they differ from
case to case, and even a slight change in the list of the relatives can
alter the whole scheme altogether. So, when asking a question about
the inheritance, the list of the relatives should always be given to the
expert with minute details in clear words, and one should not determine
the shares of the inheritors on the basis of his own analogy, unless it is
confirmed by some scholar familiar with the subject.
The normal course for replying a vague question about inheritance is to
refer it back to the person who asked the question for further query, and
to answer it only after the necessary details are obtained from him. But,
as you are very far from us, and the required explanation would have
taken much time, we preferred to mention the rules for all the possible
situations which might be imaginable within the scope of your question.
2) In this case the married daugh,ter of the deceased lady shall get one
half of the estate. Then, if she has a brother, or a son of a brother or a
paternal uncle or a son of an uncle he will get the other half. But if she
has none from the relations listed above, the other half shall go to all
the children of her daughters, no matter whether their parents are alive
or dead. The one half in this case shall be distributed among all of them
in such a way that every male shall receive twice more than a female.
For example, if the children of her daughters are ten, five male and five
female, the one half shall be divided into fifteen shares, out of which
every male shall get two shares, and every female shall receive one share.
3) If the deceased lady had made a wassiyyah (a will) that Hajj-e-
Chapter 18
Badal should be performed out of her estate, then her heirs are under
an obligation to perform Hajj-e-badal on her behalf, provided that the
amount required for Hajj does not exceed one third of the total property
left by her.
But if the deceased lady had made no wassiyyah for this purpose, her
successors are not under any obligation to perform Hajj-e-badal for her.
However, the adult heirs may perform Hajj-e-badal from their own shares,
if they so desire.
Likewise, if the amount required for Hajj is more than one third of the property,
the adult and sane heirs of the deceased lady may either contribute from their
own shares, or may choose to send somebody for Hajj-e-badal from a place
nearer to Makkah, so that one third of the property may be sufficient for Hajj.
18.4.4 Inheritance of a Father - Example

Q) A problem has arisen on the distribution of my Father’s estate. My
father passed away in 1978, leaving a will based on Shari'ah and the estate
to be administrated by my paternal uncle, maternal uncle and a very close
family friend. Within a very short period of my father’s demise, my maternal
uncle also passed away and by virtue of a clause in the will, I assumed the
responsibility of an administrator in his place. The beneficiaries of the estate
are my mother, my three sisters and I. The total estate was valued at South
African Rands (ZAR) 124,282 for the purpose of calculating estate duty in
1978. The estate included:
1) A partnership in a property in which my father held a 2/7th share
which remains unsold as of today, but as first rented out as a residential
property which was then demolished 10 years ago and has since been let
out as a parking lot. My paternal uncle who is also the administrator of
the estate (as indicated above) administrated the property. But in the last
22 years no account has been drawn up for rental income and therefore
no distribution made to the estate.
2) The balance of the estate was disposed and the funds realized as
follows:
- 1978 – Family business disposed share of estate ZAR 40,000
(reached over 5 years.)
Chapter 18
- 1978 – Residential property sold estate’s share ZAR 41000.

- 1979 – Movable assets disposed of which realized ZAR 55,241
then less liabilities ZAR 23,077 so net income for estate ZAR 32,164.
- 1992-93 – Disposal of property-cum-trading complex estate
share ZAR 61,420.
My paternal uncle administered the estate and collected all the funds for
disposal of the assets. To date no distribution is made nor did any accounts
prepared of the estate. However, my mother benefited to the extent of ZAR
28,000 which was utilized for construction of a dwelling house which is
registered in her name but this house is rented out and the income derived is
kept by my paternal uncle. He also confirms that some of the refunds realized
as above were utilized to construct a dwelling house for him, which is now
registered in his name.
It is now nearly 22 years and as one of the administrators, it becomes incumbent
upon me to wind up the estate by making a formal claim at the estate funds
upon my paternal uncle.
The question is should the claim be made on the historical cost or current
value of the currency. If the valuation of the ZAR is related to the US$ to
establish the inflation rate, it is as follows:
- 1978 ZAR 1.00 = US$ 0.88
- Today ZAR 1.00 = US$ 0.156
If the distribution was made as and when the assets were reached, the
beneficiaries would have had an advantage of receiving at its true value and
invested profitably.
A) The Administrators of the estate should have distributed the share of the
legal heirs of your father from the estate as soon as practicable. This inordinate
delay was not warranted in Shari'ah for which they will remain sinful and they
should make Tawba and Istighfar.
Similarly, when different properties were disposed of in 1978 or 1979, all the
proceeds received therefrom should have been distributed immediately, but
since it was not done, the Administrators are under obligation to comply with
the following principles:
Chapter 18
1) If some other property is purchased out of the sale proceeds of the

inherited properties, the newly purchased property should be distributed
among all the heirs, even though it has been purchased in the name of a
particular beneficiary of the Will.
2) If the sale proceeds have been invested in any other profitable channel,
the profits realized therefrom must be distributed pro-rata between all the
heirs.
3) An addition of the inflation rate to the actual sale proceeds of the
estate is not allowed.
18.5 Death benefits receivable by inheritors
18.5.1 Pension extended to wife after husband’s death

Q) Is monthly pension extending to wife after husband’s death part of
husband’s inheritance.
A) Such monthly pension which the wife will receive after the death of
husband belongs fully to the wife and does not form part of the inheritance of
the husband.
The rationale is that whatever the husband is entitled to in his life, only those
assets will become part of his wealth to be distributed (so for example any
receivable from someone in his lifetime but received later after his death will
be part of his distribution to heirs). Anything which he is not entitled to in his
lifetime, like the pension due after his death to someone else, is not part of his
wealth to be distributed.
18.5.2 Entitlement to death benefits payable by pension funds

Q) 1) The Pensions Funds Act 1956 (‘Act’) regulates pension funds in
South Africa.
2) The object of the Act is to provide support for the dependents of a
deceased member upon his death. The support is provided by means of
lump sum payments and/or annuities.
3) A pension fund established in terms of the Act has separate juristic
personality, and must comply with prescribed requirements including
registration, etc.
Chapter 18
4) A contribution to a pension fund is deducted at source from the

employee’s salary and paid over to the fund by the employer. The employer
also makes defined contributions to the fund.
5) When the employee dies, the fund in accordance with its rules but
subject to the Act pays death benefits to the dependents of the deceased,
normally the surviving spouse and minor children, who were dependent on
the deceased for maintenance in his lifetime.
6) It is crucial to understand that in making payments of the death
benefits, the trustees of the fund exercise a discretion conferred upon
them in terms of the Act. They are empowered in terms of the Act to make
payment of the death benefits amongst the dependents in such Proportions
as they deem just and equitable in the circumstances of the particular case
notwithstanding any nomination made by the deceased.
Their decision is in terms of the Act subject to review by an appointed
adjudicator and ultimately subject to review by the High Court (Section
37C).
7) The question therefore arises whether the death benefits awarded to
the dependents of the deceased employee belong to those dependents, or
whether the death benefits form part of the estate of the deceased. The Act
specifically provides that those benefits will not form part of the deceased
estate, and are not subject to attachment upon insolvency of a person
entitled to a benefit.
8) In my humble view, the death benefits belong to the dependents of the
deceased to whom they are awarded by the trustees of the pension fund in
question. The reasons for this opinion is that:
a) The pension fund is a separate legal entity established and
regulated by the Act;
b) The trustees in awarding the death benefits are exercising a
discretion conferred upon them by the Act in accordance with its
objects;
c) The contributions which were deducted at source did not belong
to the deceased employee (in this regard, see the interesting Fatwa
on Provident Funds written by your distinguished father (rahmatullah
alai);
Chapter 18
d) At best for the deceased, he had a claim against his employer

for the amount representing the contributions deducted from his
salary at source but this is not connected with the ultimate payment
made by the trustees of the Pension Fund which is sourced in the Act
and which regulates those payments designed for the support of the
dependents only.
9) I would add that as regards the character of the death benefits, I agree
with the said Fatwa of your distinguished father to the effect that they are
Halal.
10) Please examine the foregoing carefully and let me have your considered
Fatwa on the question set out in paragraph 7 above urgently, as I have a
case on hand. Besides, the issue is a common one and requires clarity.
A) In the light of the rules of the Pension Funds Act 1956 mentioned by you
it appears that the grants given to the dependents of a deceased person from the
Pension Fund are not subject to the rules of inheritance. The amounts deducted
at source from the salaries of the employees are to be treated as a subscription
to the Fund which no longer remain in the ownership of the deceased person
and perhaps he has no right to claim it back during his life time. The principle
is that only those properties of a deceased person are subject to inheritance
rules which he can claim rightfully during his lifetime. Since he does not have
the right to claim any amount from the fund, therefore, it is not to be taken as
left-over property. The fund being a legal entity it can decide to pay this grant
to whomever it deems fit from the family of the deceased. In the terminology
of Islamic Fiqh this grant is a voluntary gift (Tabarru’), therefore, it is not
necessary that it is to be distributed among all the legal heirs according to their
prescribed shares in the inheritance.
I have given judgment in a Shari'ah Appeal fixed before the Shariat Appellate
Bench of the Supreme Court of Pakistan with regard to the benevolent fund
which is very similar to the Pensions fund you have asked about. (A copy is
being sent to you by mail for your perusal and record).
18.6 Other topics
18.6.1 Grandson not entitled to the inheritance of his grandfather

Q) Suppose a person (father) dies and his assets are distributed according to
Chapter 18
Shari’ah. However, one son died during the lifetime of his father. Upon his
father’s death, are any of his dead son’s children (in this case both sons and
daughters) entitled to the inheritance under Shari'ah.
A) The grandson is not entitled to any share in the inheritance of his
grandfather if any son of his grandfather is alive. This ruling is applicable
regardless of whether the father of the grandson is alive or not. However, when
the grandson is not entitled to any share in the inheritance of his grandfather
the grandfather is empowered to make a will in his favor 1/3rd of his property.
18.6.2 Delay in the sale of inherited property

Q) It is my understanding that there should be no delay in distribution of
inheritance. There is a house and market is not good for selling houses right
now. Some of the heirs want to delay till a good price can be achieved. There
are others who want to sell it now because they need money. Various alternate
solutions were tried but nothing was agreed upon. What is the ruling of Shari'ah
in such a situation.
A) As soon as the owner of the property had died, it became joint property of
all his legal heirs and the rules relating to the partitioning of a joint house are
applicable to them. If the house itself is large enough to be partitioned every
legal heir has a right to claim for partitioning of the house and once the house
is partitioned, every legal heir is at liberty to sell his own part of the house
whenever he wants to do so subject to the right of Shufah (pre-eruption) for
the adjoining owners.
However, if the house is so small that it cannot be partitioned then every legal
heir has the right to claim to demand for the sale of the house and the other
legal heirs have no right to stop a sale in the hope that the price of the house
will appreciate in the future because nobody can predict or know for sure that
how long it will take.
18.6.3 Receiving inheritance from a non-Muslim mother

Q) One of our colleagues has reverted to Islam, Alhamdulillah! Please
answer her following question so that I can pass it to her. JazakAllah!
"I belonged to Christianity before embracing Islam. Do I still have rights to get
inheritance property from my mother after her death (my father has already
Chapter 18
died). If my mother wants to give some part of her property to me and my

kids, can I take that. Can I receive gifts from my mother / brothers / sisters.
All of my relatives are still Christian and I with my kids are the only one who
reverted to Islam."
A) Please convey my congratulations to the lady who has embraced Islam.
May Allah give her the best of rewards here and in the Hereafter, and facilitate
her to practice Islam. May Allah guide her family members, especially, her
mother to embrace Islam as well.
Answer to her question is that if her mother expires before accepting Islam,
she will not be entitled to get a share in her mother’s inheritance. However, if
her mother gives her some part of property during her lifetime, or offers a gift
to her, or to her kids, she is allowed in Shari'ah to accept it and benefit from it
on the condition that such a gift does not affect her practicing Islam.
Chapter 19
Women In Islam 631
CHAPTER
19 Women In Islam
19.1 A female Mufti can issue Fatwa 631
19.2 Mutual obligations of spouses 632
19.3 Ibadah (worship) during monthly periods 636
19.4 A woman staying alone in a non-Muslim country 637
19.5 Women working in office with men 637
19.6 Women travelling without a Mahram 638
19.7 Women driving cars 639
19.8 Women cutting their hair 640
19.1 A female Mufti can issue Fatwa
Q) As you know some scholars do not allow women to give fatwa even
though she is completely qualified, and they provide proofs from Ahadith that
she is intellectually incapable or she cannot be a judge or imam so she cannot
give fatwa too.
A) A female who is acknowledged by experts as competent to issue fatwa
is permitted to do so in Shari'ah. The Qur'an and Sunnah do not prohibit this.
Thus, there have been many female muftis since the time of the Sahaba ‫ﭫ‬.
Ummul Mu’mineen Aisha ‫ ڤ‬was a very widely acknowledged jurist. Then,
in the sixth century Hijri, the daughter of ‘Allama ‘Alauddin Samarqandi,
and wife of Allama Kasani, Hazrat Fatima was also an acknowledged jurist.
Chapter 19
632 Women In Islam
The analogy drawn on the impermissibility of appointing a female judge or

Imam is not accurate, as their impermissibility is proven through Hadith. One
possible rationale for this difference is that being a judge or Imam involves
natural circumstances and abilities of males other than accurate understanding
and application of jurisprudence which is the fundamental requirement for
fatwa.
)1/14(‫النووي رحمه اهلل تعاىل‬

ً ‫لإلمام‬ ‫يف مقدمة المجموع شرح المهذب‬
ً ً
، ‫ وخوارم المروءة‬، ‫ متزنها عن أسباب الفسق‬، ‫ مأمونا‬، ‫ ثقة‬، ً ‫ مسلما‬، ً‫ كونه مكلفا‬: ‫شرط المفىت‬
‫ سواء فيه‬، ً‫ متيقظا‬، ‫ واالستنباط‬، ‫ صحيح التصرف‬، ‫ رصني الفكر‬، ‫ سليم الذهن‬، ‫فقيه النفس‬
.‫ أو ُفهمت إشارته‬، ‫ واألخرس إذا كتب‬، ‫ واألعىم‬، ‫ والمرأة‬،‫ والعبد‬، ‫الحر‬
)278 /2( ‫الجواهر المضية يف طبقات الحنفية‬

‫فاطمة بنت محمد بن أحمد بن أيب أحمد السمرقندي مؤلف التحفة تقدم وىه زوجة اإلمام عالء‬
‫الدين أيب بكر بن مسعود الكاساين صاحب البدائع تقدم ىف الكىن تفقهت عىل أبيها وحفظت مصنفة‬
‫التحفة قال ابن العديم حىك والدي أنها كانت تنقل المذهب نقال جيدا وكان زوجها الكاساين ربما‬
‫يهم ىف الفتيا فرتده إىل الصواب وتعرفه وجه الخطاء فريجع إىل قولها قال وكانت تفيت وكان زوجها‬
‫يحرتمها ويكرمها وكانت الفتوى أوال يخرج عليها خطها وخط أبيها السمرقندي فلما تزوجت‬
.‫بالكاساين صاحب البدائع كانت الفتوى يخرج بخطه الثالثة‬
19.2 Mutual obligations of spouses
Q) As a convert to Islam I greatly appreciate the Islamic literature such as

your publication which helps me to advance in knowledge. I have three (3)
questions which I would like you to address for me. If you have addressed
these questions in any of your past issues of Albalagh please let me know how
I can obtain a copy Inshallah. If not would you please answer these questions
for me or let me know if you intend to address these questions in any of your
upcoming issues Insha-Allah.
Firstly, all the time I hear of the duties of the wives in Islam, but no one seems
to address the responsibilities of the husband. What is a husband’s duty to his
wife. Is he responsible for her financially and that’s all. Who is to paint the
house, mow the lawn, breed the children and raise them. Cook, clean, wash
and iron. It seems to me that all or most of the Muslim males in America go to
the Mosque or perform Tabligh work while their wives are burdened with all
the other responsibilities. It is little wonder that most of the Western women
Chapter 19
Women In Islam 633
looking at the plight of women in Islam refuse to convert because they fear the
slave mentality of the Muslim males.
A) Before replying your specific questions I would like to clarify one basic
point which should always be kept in mind in such matters.
One should clearly distinguish between the Islamic teachings and the general
practice of the Muslims. Unfortunately we are living in an age where the
majority of the Muslims are not aware of the noble teachings of Islam nor do
they practice these teachings in their day-to-day affairs of life. Instead they
are mostly influenced by different cultures in which they have been living.
Therefore, everything the Muslims practice on the ground cannot be attributed
to Islam, and while evaluating the merits of Islam, one should not refer to the
practice of the Muslims today, rather he should turn to the Islamic principles
laid down in the Holy Qur'an and Sunnah. Obviously, if the Muslims have
abandoned the guidance of Shari’ah, it cannot be taken in any way as a
defect in the Shari’ah itself, rather, it is the fault of those who have deprived
themselves of this guidance.
Keeping this basic point in view, here are the answers to your questions:
It is evident from a plain study of the relevant material found in the Holy
Qur'an and Sunnah that Islam treats the relationship of marriage as a bilateral
contract between husband and wife, each one of them having some rights and
obligations. The Holy Qur'an is very much clear on this point when it says:
And the women have rights similar to their obligations. (2:228)
It is clear from this verse of the Holy Qur'an that the obligations of a wife
towards her husband are not less than the rights she enjoys. The Holy Qur'an
has summarized the obligations of a husband towards his wife in a short phrase
where the Holy Qur'an has made it mandatory for a husband "To keep her with
fairness" (2:229) At another place, the Holy Qur'an instructs the husbands in
the following words:
And live with them (wives) in fairness. (4:19)
Therefore, it is not correct that Islam has laid more emphasis on the obligations
of a wife than on the obligations of a husband. Conversely, the Holy Prophet ‫ﷺ‬
Chapter 19
634 Women In Islam
has emphasized on the rights of women in a larger number of his sayings which
are probably more than the sayings emphasizing the rights of a husband. Some
examples are being quoted here: i) The Holy Prophet ‫ ﷺ‬has said:
‫خیارکم خیارکم لنساءھم‬

" The best people from among you are those who are best to their wives". (Tirmidhi)
" No Muslim should hate his Muslim wife. If he dislikes some of her qualities, he
may find some other qualities agreeable."
‫واستوصو بالنساء خریا‬

" Keep to my advice about women that you should treat them fairly." (Tirmidhi)
These examples are sufficient to disclose the great concern the Holy Prophet ‫ﷺ‬
has shown for the rights of a woman, so much so that he dedicated a substantial
portion of his Last Sermon at the time of Haj-jatul Wida’ to explain, elaborate
and emphasise on the obligations of a man towards his wife.
You have referred to the fact that women today are burdened with the house
work like cooking meals, cleaning the house and raising children while their
husbands seldom assist them in these matters. Here I would like to mention
the correct Islamic standpoint with regard to the obligations of a woman about
the household work.
First of all, it is not a legal obligation of a wife, according to Islamic teachings, to
cook the meals or serve the house, and if a woman elects to refuse to undertake
these works, a husband cannot legally compel her to do so. However, apart
from the legal injunctions, Islam has laid down some moral instructions for
both husband and wife according to which they are treated as life-companions
who should not restrict themselves to the legal requirements alone, but should
join hands to make mutual life as comfortable and peaceful as possible. They
are invited to cooperate with each other in solving their day-to-day problems.
For this purpose it is advisable that, as cooperating friends, they should divide
the necessary works between them according to their mutual convenience.
The woman should look after the management of the house, while the man
should be responsible for outdoor economic activities. This division of work
was the practice of the Muslims in the very days of the Holy Prophet ‫ﷺ‬.
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Women In Islam 635
Even Sayyidah Fatimah, the beloved daughter of the Holy Prophet ‫ ﷺ‬used to
perform all the household functions with her own hands, while Sayyidna Ali,
her noble husband, carried out the economic activities. The Holy Prophet ‫ﷺ‬
never objected to it, rather, he encouraged her daughter to perform all these
functions.
It is true that from a pure legal point of view, a wife may refuse to cook meals
or to do other household works, but on the other hand, the husband may refuse
to give her permission to meet her relatives. And if both of them are restricted
to such a crude legal relationship, an atmosphere of mutual understanding and
bilateral cooperation cannot develop between them.
Therefore, a wife should not take the household work as a disgrace to her.
In fact, her active contribution to her own house work is the basic source of
strength for the family system of the society. It is a great service, not only to
her own family, but also to the nation as a whole, because the betterment of
the whole nation depends on a smooth family system. It is strange that when
an air hostess serves meals to hundreds of strangers in an airplane, it has been
taken today as a symbol of liberalism, progress and emancipation, but when a
housewife renders much lighter services to her own family, it is deemed to be
a disgrace or sign of backwardness.
The Western countries are facing today a terrible situation of family breakdown.
Their leaders are mourning on this drawback, which is caused by the lack of
mutual cooperation between husband and wife and their failure to determine
the functions of the spouses according to their natural, biological and religious
requirements.
In short, a wife is not legally bound to render the household services, however,
it is advisable that she performs these functions as a measure of cooperation
with her family and an honorary service to the society as a whole, for which
she deserves great reward in the Hereafter.
But at the same time, the husband should always remember that the household
work undertaken by his wife is not a legal duty obligated on her, rather, it is
a voluntary service she is rendering for the benefit of the family. Therefore, a
husband must always appreciate this goodwill of his wife and should not treat
it as a legal claim against her. Moreover, he should not leave all the household
works on her exclusively. The husband should provide her with servants
wherever possible, and should himself assist her in performing these functions.
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636 Women In Islam
It is reported in a number of authentic Ahadith that the Holy Prophet ‫ ﷺ‬despite

his great outdoor responsibilities, used to render many domestic services with
his own blessed hands, like milking his she-goats, washing his clothes etc.
We do not find anywhere in his Sunnah that he ever ordered any of his wives
to do such works. However, his sacred wives used to render these services
voluntarily without any specific command from the Holy Prophet ‫ﷺ‬.
It is not correct that the books written on this subject stress upon the obligations
of a wife only. In fact all the books of Islamic jurisprudence discuss the rights
and obligations of both the spouses simultaneously. The husband is required not
only to provide maintenance, but he is also required to treat his wife "fairly" as
the Holy Qur'an has put it in express terms, so much so that the Muslim jurists
have observed that a husband cannot travel for more than four months at one
time without the permission of his wife. But unfortunately many Muslims are
not aware of the teachings of their religion and, due to this ignorance, they
commit errors in their behaviour towards their wives.
19.3 Ibadah (worship) during monthly periods
Q) We do know that a woman, during her monthly periods, is forbidden from

performing Salah and from the recitation of the Holy Qur'an. But we want
to confirm whether the Arabic prayers and the "Tasbihat" are also prohibited
for a woman during her monthly period. Please also tell us about the "durood
Sharif", whether it is allowed or not"
A) Only four kinds of ‘ibadah’ (worship) are prohibited for a woman during
her monthly periods:
1) Salah (namaz)
2) Fast
3) Tawaf of the Ka’bah
4) Recitation of the Holy Qur'an.
All other forms of worship are allowed for her. She can recite any Dhikr or
Tasbih. She can recite durood sharif (Salam on the Holy Prophet ‫ )ﷺ‬She can
also supplicate in whatever language she wishes. Even the Arabic supplications
of the Holy Prophet ‫ ﷺ‬are allowed, with the intention of du'a (prayer) not
of tilawah (recitation). For example the Surah al Fatihah consists of certain
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Women In Islam 637
prayers. If a woman recites the Surah al Fatihah in order to receive the reward
of recitation only, it is not allowed for her. But if she recites the Surah al
Fatihah as a prayer and with a clear intention to supplicate, it is permissible
for her even during her monthly periods. The same is true with other prayers
and supplications found in the Holy Qur'an.
19.4 A woman staying alone in a non-Muslim country
Q) Some Muslim women and young girls take up residence in non-Muslim

countries either to pursue a career in modern education or to earn their living.
Sometimes, they would live alone and at other times, they might share a home
with non-Muslim women. What is the Islamic view on Muslim women living
alone or sharing a residence with non-Muslim women. Is it permissible under
the Islamic religious laws.
A) As stated in our answer to question on women traveling alone appearing
in this chapter, a Muslim woman is not permitted to travel alone without a
Mahram to non-Muslim countries whether it be for employment or education.
Similarly, it is also impermissible to stay there. But, if a woman had travelled
to some non-Muslim country with her Mahram and had taken up residence
there as a citizen but later either the Mahram of this woman died there or for
some reason that Mahram travelled away from there to some other place and
that woman was left all alone, in this situation, there is no problem if this
woman were to stay there alone, of course, subject to the condition that she
abides by the legal hijab requirement while living there.
19.5 Women working in office with men
Q) I have just opened an accounting firm in the Chicago land area. We are
Alhamdulillah four Muslim brothers who started this firm. Please make duaa
for us that Allah ‫ ﷻ‬keep our intensions pure and united and may he give
us everlasting success in this life and the Hereafter. My question is that we
are talking with a Muslim sister to be involved in our accounting firm. She
will help us develop a good cliental in the female owned business arena. My
first question is that, are there any stipulation in Shari'ah to which we need
to consider in forming a working relation with her. What do we need to be
cautious about.
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638 Women In Islam
A) It is not advisable in Shari'ah that a Muslim woman gets job at a place

where she has to be mixed up with her male colleagues. She should try to
find out a job where she has to encounter ladies only. However, in the case
of genuine need if a woman is employed, she must fully observe the rules
of Hijab and should avoid completely all the occasions of having encounters
with males in privacy. And she should also avoid unnecessary meetings with
her male colleagues.
19.6 Women travelling without a Mahram

Q) I was told by sisters at a Mosque that it is not permissible for a woman
to travel alone for a distance more than 48 miles. Then I read this Hadith in
Bukhari software.
Narrated Ibn ‘Umar: The Prophet said, "A woman should not travel for more
than three days except with a Dhi-Mahram (i.e. A male with whom she cannot
marry at all, e.g. her brother, father, grandfather, etc. or her own husband.)"
Now this Hadith says more than three days. What is true then, three days or
48 miles. A sister told me three days for travel means 48 miles according to
Arabic idiom of the Holy Prophet’s (peace and blessings on him) time.
These days we can travel thousands of miles in less than 3 days. Is it an ibadah
issue as every act done according to Islam is ibadah and it must be a lengthy
topic. If it is addressed in one of your works in English please let me know, I
will order the book (at the email you shared) and read through it in detail. I see
some people using it to justify in the name of Islam even all that is loathsome
in the West.
A) In fact, three days in the context of travel means 48 miles, because in those
days the distance of 48 miles used to be covered in three days. But some other
narrations in which the Holy Prophet ‫ ﷺ‬has prohibited for a woman to travel
even for one day without a mahram. Nevertheless, the real cause of prohibition
is the fear that woman may face a fitnah. Therefore the contemporary scholars
have inferred that if a woman travels in an aeroplane or in a train with reliable
women accompanying as their mahram, she may do so at times of need.
Q) Many Muslim women travel to distant countries for education or
employment. They neither have a legal Mahram with them nor do they have
female acquaintance on the trip. What is the ruling of the Shari’ah under this
situation. Is it permissible for them to travel alone.
Chapter 19
Women In Islam 639
A) In the Sahih of Muslim, there is a report from Sayyidna Abu Sa’id al

Khudri ‫ ﭬ‬in which he says that the Holy Prophet ‫ ﷺ‬said:
" Let no woman travel for more than three days (being the equivalent of 48 miles
in accordance with legally covered distance) unless her husband or her Mahram
is with her."
In the Hadith quoted above, women have been clearly forbidden from
travelling alone. The majority of jurists have based their arguments on this
very Hadith when they ruled that travelling without a legally recognised
Mahram is not permissible even when intending to perform the obligation
of Hajj. Compared to this, education and employment are objectives not that
crucial, for Muslim women have not been obligated to fulfill such needs. This
is because the Shari’ah of Islam itself placed the responsibility of a woman’s
total maintenance on her father before her marriage, and on her husband after
the marriage, and has not allowed women to leave the house without some
urgent or pressing need. Therefore, this mode of travelling for education and
employment without a Mahram is not permissible.
However, in the case of a woman who has neither husband nor a father, nor
does she have some other relative who could support her financially, nor does
she have enough funds to take care of her needs, it would, under this situation,
become permissible for her to go out of the house under legal hijab and earn
her living to the extent of her need. Now, when this purpose can be easily
achieved while living in one’s own country or city, there is no need to travel to
a non-Muslim land. (Please see: Mughni I’ibn Qadamah, p.190, v.3)
19.7 Women driving cars
Q) Is it permissible for women to drive car/vehicle in Britain. Can safety or

fear of personal security be taken into account in this situation.
A) Driving is in itself permissible for both men and women. However, since
it necessarily entails going outside the house, therefore there are additional
conditions for women. These are as follows:
1) It should only be in those situations of genuine need where a woman
is allowed to leave the house without her Mahram.
2) There is no one else (husband or other Mahram) available to drive
the car.
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640 Women In Islam
3) The woman makes sure she is covered completely according to

Shar’iah requirements.
4) She does not wear perfume or jingling jewellery, or otherwise attract
attention to herself.
If a woman acts in accordance with these conditions, it is permissible for her
to drive.
19.8 Women cutting their hair
Q) The reason for writing this is an issue which is related to a fatwa by

your respected self, pertaining to women’s cutting of the hair. This fatwa has
appeared on the Al-Balagh site, and has created some confusion.
A) I have to make it clear that I have never issued any fatwa for the
permissibility of the hair cut prevalent among the modern women which has
a clear resemblance with non-Muslims. The question frequently asked here
in my country was that some women cut their hair from the lower side in the
belief that it will help in speedy growth of their hair and will make their hair
longer in future. Cutting of the hairs in this case does not exceed a few inches.
Similarly, some women do this to equate the level of their hairs from the lower
side. I was frequently asked about this type of cutting. Since it does not have
any resemblance with men or non-Muslim women which was the basic cause
of prohibition according to Imdad-ul-Fatawa v.4, p. 227, and Imdad-ul-Ahkam
v.4, p. 354, I replied that this type of cutting or trimming is permissible.
As for my answer that is placed at the website, I have to clarify some points:
1) It was a question received at email. Since the question specifically
mentioned that it relates to that type of hair cutting which has no
resemblance with men or non-Muslim women, I presumed that the person
who has asked this question knows and admits the impermissibility of
the prevalent haircut which resembles with non-Muslim women, and the
conditions mentioned in the question ruled out this possibility. Based on
this presumption I replied in affirmative subject to these conditions.
2) The answer was given through email privately on the above
presumption and was not intended to be published, but now when it has
been published and was misused in favour of that haircut which has clear
resemblance with-non-Muslims, I feel that I should have clarified it in
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Women In Islam 641
express terms. Especially after reading the question once again, I noticed
that there is a sentence in the citation from Shaikh Abdullah which might
create misunderstanding and which was perhaps missed by me at that
time; otherwise I would have clarified the issue at that time.
3) Now, it should be clearly understood that I have never issued a fatwa
for the permissibility of cutting the hairs of women up to the shoulders
or up to the ears, practiced by the European or American women, and in
their imitation, by some others.
However, trimming the hair in order to make them grow quicker, or
to bring them in a level in which there is no resemblance with men or
non-Muslim women is permissible. My answer that has been put on the
website should be read in the light of this explanation.
Chapter 20
Pregnancy & Related Issues 643
CHAPTER
20
20.1
Pregnancy & Related
Issues
Family planning 643
20.2 The use of loop as a means of birth control 644
20.3 Sterilization and contraceptive measures 646
20.4 Termination of pregnancy 647
20.5 Abortion 647
20.6 Abortion after four months’ pregnancy 648
20.7 Artificial Insemination 649
20.8 Male infertility & Insemination 649
20.9 Urine of a suckling baby 650
20.1 Family planning
Q) What is the Islamic standing on the various methods of contraception

(family planning). If a rapist or any man, who performs a sexual act outside
marriage, feels very guilty and decides to cut off his penis, would he have
committed an extra sin.
A) Contraception is allowed for personal reasons like the health of the wife or
her weaknesses etc. But the movement of family planning in vogue in different
countries to curtail the number of population due to limited resources is not
allowed according to Shari'ah. For detailed treatment of the subject you may
consult the Urdu book of my honorable father Maulana Mufti Mohammed
Shafi, Zabt-e-Wiladat published by Darul Ishat, Urdu Bazar, Karachi, Pakistan.
Chapter 20
644 Pregnancy & Related Issues
It is not allowed for any person to cut off any of his organs unless it is necessitated
by medical reasons. Therefore, it is not permissible for any rapist to cut off his
penis. Some Sahaba ‫ ﭫ‬had asked Holy Prophet ‫ ﷺ‬about a person who does
not have opportunities to satisfy his sexual desire or for a person who wants to
devote himself for worship not disturbed by his sexual urge. The Holy Prophet
‫ ﷺ‬refused to give permission for these acts and advised such persons to keep
fast constantly which may help them reduce their sexual desire.
20.2 The use of loop as a means of birth control
Q) The question arises as to whether the use of the loop, which is inserted in
the uterus of the woman, is permitted as a means of birth control. The effect
of the use of the loop is summarized in the letter of Dr. A. E. Suliman, an
experienced and qualified gynecologist.
In some cases, the sperm and ovum are destroyed prior to fertilization. In other
cases, fertilization takes place but the resultant fertilized ovum which takes the
form of cellular material is prevented from becoming implanted in the inner
wall of the uterus. It’s the time of such expulsion of the fertilized ovum.
Mufti Jaleel Qasmi Sahib has expressed the view that the use of the loop in
such circumstances is permissible although not encouraged, such view being
based on the analogy of AZL. A general medical practitioner has raised an
objection to the effect that the cellular material which is so expelled contains
life but then, in answer, the sperm and the infertilized ovum also contains life.
Your considered FATWA on the matter would be greatly appreciated as soon
as possible, and is required by the Jamiatul Ulema, Natal.
A) It appears from your question as well as the enclosed explanation given by
the expert that the use of the loop may bring either of the two results:
1. It may prevent fertilization by destroying the sperm and the ovum
prior to their interaction.
2. If the fertilization takes place, the fertilized ovum is expelled from
the uterus by the loop. This expulsion takes place within one or two weeks
after the fertilization.
In the first case where the loop acts as a preventive measure against fertilization,
it is similar to any other contraceptive and the rules regarding ‘AZL’ (coitus
interruptus) may be applied to the loop also, i.e. its use is permissible in
Chapter 20
Shari'ah in cases of individual needs, like the sickness or the weakness of the
woman where pregnancy may endanger her health.
In the second case, however, the rules of ‘AZL’ cannot be applied, because
in that case it is not merely a preventive measure, but it expels the fertilized
ovum from the uterus after conception. Therefore, it acts as a device to effect
an abortion. Hence, the rules of abortion shall apply.
According to the Islamic rules, an abortion is totally prohibited, if it is effected
after the completion of 12 weeks1 after conception. But at an earlier stage,
abortion is permissible only for medical reasons and other genuine needs.
As the loop expels the fertilized ovum within two weeks, its use cannot be
held as prohibited totally. However being a device of abortion, its use is not
advisable and it should be restricted to the cases of the real medical needs only.
Follow up question:
Q) With reference to your answer concerning the use of IUD loop as a
means of contraception, ref. Page 135, Contemporary Fatawa, it is mentioned,
"However, being a device of abortion, its use is not advisable and it should be
restricted to the use of real medical needs only."
New medical research suggests that the IUD is not abortive in any way. Dr.
Timothy P. Canavan (M.D) of Lanacaster, Pennsylvania (American Academy
of Family Physicians) writes,
"It is important for the patient to understand that the IUD does not appear to
be an abortifacient but, rather, prevents conception. This position is supported
by studies that have sought the presence of human chorionic gonadotropin
in IUD users and compared tubal flushings of IUD users with those of non-
contraceptive control subjects." (Wilcox AJ, Weinberg CR, Armstrong EG,
Canfield RE. Urinary human chorionic gonadotropin among intrauterine
device users: detection with a highly specific and sensitive assay. Fertil Steril
1987;47: 265-9).
Dr. Rosca Augustin {University of Medicine -Cluj-Napoca; Romania) writes,
"The anti-fertility effect of IUD's is not fully understood; for years some
1 Should read 120 days after conception, when the foetus has developed into a human being. Some
contemporary jurists are of the view that the rule that abortion is totally prohibited after 120 days is
subject to one exception- if the life of the mother is in serious danger, then an abortion may be effected
to save her life. (EDITOR)
Chapter 20
people speculated that biomedical changes in the uterus caused by an IUD

destroyed the fertilized ovum or prevent implantation. New studies suggest
that IUDs act earlier in the reproductive process and actually prevent sperm
from fertilizing the ovum. I would appreciate your comments with regards to
this matter in light of new medical research.
A) Thank you for your email message. My earlier reply was based on the
understanding that the IUD loop is a device of abortion but according to you
the new studies have proved that it is a means of contraception and not of
abortion. I am not an expert on the subject, therefore, not able to comment
on the different views about this issue but if it is proved that the new studies
are correct and it is not a means of abortion then all the rules of governing
contraception will be applicable as mentioned by me previously.
20.3 Sterilization and contraceptive measures
Q) I am now in the final days of my ninth pregnancy. I have been strongly

advised by my consultants to undergo sterilization at the same time. My
situation is as follows:
In my pregnancies, I suffer from extremely severe vomiting for approximately
three to four months. I have tried all forms of remedies including conventional
drugs, homeopathic, ayurvedic and herbal treatments and on occasions even
been hospitalized due to dehydration but nothing works until the Almighty
Allah wills and the vomiting decreases itself. In my earlier pregnancies I
somehow managed to cope and pull through these situations, however, in my
latter pregnancies especially the current one, I lost all strength and energy to
such an extent that I lost all hope and my state was of despair. I have taken
advice from a female Muslim practicing gynaecologist who also has strongly
advised me to go ahead with the sterilization.
The question I have to ask is that: Is it permissible for me to go ahead and be
sterilized, as now, I personally (Allah is witness) cannot cope with another
pregnancy. There are other forms of contraception but I feel reluctant to use
them as I find them more interfering with nature and have heard many sisters
telling me about complications arising with their use. Although sterilization
does not work 100% and there is a failure rate of 1:200, I still find it a better
option. However I do not want to take any steps that are against Shari'ah and
my final decision will be your answer.
Chapter 20
A) Sterilization which renders a female unable to reproduce forever is not

permissible. However, any contraceptive measure can be adopted for health
reasons.
20.4 Termination of pregnancy
Q) I am working as Assistant in Ethics Committee of a hospital. We have a

sub-committee name "termination of pregnancy", in which we have members
from different specialties (peads, Ob/Gynae, Islamic reviewer, Head of ethics
committee etc).
In this sub-commitee we have received different types of request for
termination. But it is our policy that we do not allow them to terminate the
pregnancy unless:
- the mother’s life is in danger
- Gestation (pregnancy period) has not passed more than 120 days
But it varies from case to case.
We have received requests for termination with different fetal anomalies in
which mother life is not in danger. But baby has less chances to survive. It was
requested either by the parents or physicians. We could not found clear Islamic
perspective about the fetal anomalies.
We would like to request you kindly share some Islamic guidelines regarding
termination of pregnancy with fetus anomalies.
A) If pregnancy is less than 120 days it may be terminated on the grounds
you have mentioned, but not after 120 days.
20.5 Abortion
Q) As you now I am a doctor and in this day of declining morals I am being

approached regularly by women and young girls who have become pregnant
and want an abortion.
Of course I tell them that it is against my religion and belief to perform such
a sinful act. However they ask for advice on a referral to another doctor who
would perform an abortion for them. This is where I run into problems.
If I don’t refer them to a good doctor they go to any odd doctor or individual
Chapter 20
and have an abortion done. In some cases serious harm and in one case death
has resulted from a badly performed abortion. So I feel that if I refer them to
a "good" specialist I may be saving them from harming themselves since they
are going to have one done anyway (whether I help them or not).
However I sometimes question myself when I refer them to another doctor to
have an abortion done since I feel that I am also helping them do a very evil
act. I need your Islamic advice on this problem.
A) Abortion after four month’s pregnancy is totally Haram. However, if the
pregnancy is of less than four months it may be permissible in the case of
genuine need only.
Where the abortion is not permissible for a pregnant lady a Muslim doctor can
neither perform abortion for her nor can he advise her to do so. In the cases
you mentioned you can inform the ladies about the impermissibility of the
act. After explaining to them the religious position you can mention to them
the names of the specialists who are competent to carry out abortion but it is
not permissible for you to refer them formally to those specialists, meaning
thereby, that you should not advise them to approach for such specialists nor
write a letter of referral to them.
20.6 Abortion after four months’ pregnancy
Q) An unmarried maid servant aging almost 17 has been working in the

house of the owner of my company for the last almost 3 months. Recently
his wife found that the maid is pregnant. When both the owner and his wife
inquired from the maid about her pregnancy, she confessed that during her
last employment some relative of her employer came from Canada and played
sex with her as a result of which she has become pregnant. The visitor from
Canada as well as the complete family of her previous employer both have
gone to Canada. The maid lives with her aunty and has come from a nearby
village. Her aunty was called and was informed of the situation of which she
replied that they would arrange an abortion.
The owner of my company has strictly and politely stressed upon the maid
and her aunty not to do such a murder. Instead they have told her that they will
help in her treatment as well as the delivery of the baby in a hospital. After the
delivery they intend to hand over the newly born baby to either SOS Village
or any other institution so that an innocent baby does not come to the hands of
Chapter 20
cruel people who either sell or make beggar of such human beings by making
them disable ‘apahaj’. Kindly guide us in the light of Shari'ah.
A) Yes, your boss is right in forbidding her from abortion. According to the
clear injunctions of the Holy Qur'an and Sunnah, all the jurists of the Ummah
are unanimous on the point that abortion after four months’ pregnancy is
strictly Haram in all circumstances. However, the baby should be handed over
to an individual or an institution that may look after not only the physical well
being of the baby, but also of his/her upbringing in accordance with Islamic
precepts.
20.7 Artificial Insemination
Q) My friend has been trying to have a kid for a few years now without any
success. He has gone to the doctor who said his sperm count is ok but that they
don’t swim fast enough. He would like to know if it is permissible for him to
use his sperm and have it injected into his wife’s egg and then put back in.
Also, is there a specific dua that he may recite for this situation.
A) There is no bar from Shari'ah point of view on the artificial insemination
so long as the sperms are of the husband (and not of any other person) and the
eggs are of his wife. However, an extreme care will have to be exercised to
ensure that no error takes place in this process. Moreover, it is not allowed in
Shari'ah to acquire sperms of some other male or eggs of some other female
to have a baby through artificial insemination. Furthermore, any process
involving wife should be through a lady doctor.
20.8 Male infertility & Insemination
Q) I am Suni Muslim, married, no children. My semen analysis showed

complete absence of sperms (Azoospermia). A case of Infertility, though
sexually potent but cannot become biological father in natural way.
There is only one ray of hope and that is ICSI (Intra cytoplasmic sperm
injection) a process (explained below in detail) happening in Pakistan.
- Although no sperms in semen, some sperms are found in testicles.
- From the husband, sperms are collected from testicles by aspiration
or testicular biopsy and preserved by freezing them.
Chapter 20
- Next from the ovary of the wife OVUM is collected by aspiration

- Now the sperm of the husband is injected into the ovum of the wife
by the embryologist.
- Within 24 to 48 hours, this fertilized ovum is transferred to the uterus
of the wife and it gets implanted in the uterus in the natural way.
- From here pregnancy takes its natural course.
- If God willing, the couple become father and mother of a child.
Just to further clarify, the sperm and ovum collected would be from same
husband and wife the only difference is that it would be done artificially
instead of natural process.
My question: Is it allowed in our religion Islam. Though I have checked
different articles on Internet of different Muslim scholars, everywhere I have
found that scholars have allowed this process for infertile couples, but in order
to be further sure and 100% confident, I would like your view before I go
ahead with this process. I would really appreciate your view on the above
mentioned case.
A) It is allowed subject to the following conditions:
1) The person collecting sperm from the testicles of the husband is a
male doctor and not a female.
2) The person injecting the sperm in the ovum, as well as the person
collecting ovum from the ovary of the wife is a female.
3) Preservation of sperm is 100% safe and there is no chance of its
being mixed with the sperm of any other person.
20.9 Urine of a suckling baby
Q) I was told urine of a male suckling baby does not make one ritually
impure while that of a female does. Is it true. If so, why is this difference. I do
not want to but sometimes it feels like reflection of Biblical laws for women
as the Leviticus.
A) This is not correct, urine of both is impure, but the method of cleaning is
different for physical reasons.
Chapter 21
Halal Slaughtering 651
CHAPTER
21
21.1
Halal Slaughtering
Halal slaughtering rules 651
21.2 Various aspects of Halal slaughtering of animals 653
21.3 Report on different methods of slaughtering & stunning 661
21.4 Chicken is stunned at an electricity voltage 665
21.5 Mechanical slaughtering of chicken by circular knife 665
21.6 Shooting or killing an animal by a gun 669
21.7 Unhygienic conditions in Halal slaughtering 670
21.8 Meat slaughtered in a Muslim country 670
21.9 Suspicions concerning whether meat is Halal 671
21.10 Eating meat slaughtered by Jews & Christians 671
21.1 Halal slaughtering rules
Q) What is the latest guidance on Halal Slaughtering with special reference to:
1) Stunning the chicken with electric current and using a mechanical
knife for slaughtering,
2) Putting the chicken in hot water to take out the furs etc.
3) Stunning of cows before slaughtering
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652 Halal Slaughtering
A) Answer to these questions are as follows:

1) Stunning of chicken before slaughter should be avoided as far as
possible, because sometimes it causes the death of the chicken before
slaughter. It particularly happens in case of Electrified Water Bath. If
chicken dies before slaughter, it cannot be considered Halal according to
the Shari'ah1, even though it is slaughtered after the Water Bath. However,
if it is ascertained that the chicken does not die during the process of
stunning, and then it is slaughtered after stunning, properly according to
the Shari'ah requirements, then slaughter cannot be held as Haram merely
because it was so stunned.
However, it is not an advisable practice in Shari'ah.
As for the mechanical slaughter as practiced in most slaughterhouses, it
is not permissible because:
- It is difficult to ensure that all the veins, necessary to be cut according
to Shari’ah are properly cut.
- One of the basic requirements for a proper slaughter in Shari'ah
is to recite Tasmiyah (The name of Allah Almighty) on each and
every bird2, which is almost impossible in mechanical slaughter.
2) If chicken is slaughtered properly according to the Shari’ah
requirements and the chicken does not remain in the boiling temperature
for a time in which its impurities may be absorbed in its body, then
the chicken is Halal3. Normally, the chicken is not bathed in boiling
temperature, nor does it remain in water for such a time, therefore it is
Halal.
3) The rules in the case of cows or sheep are the same as mentioned in
point one. Although the slaughter in cows is performed manually, and not
mechanically, the problem in their case is their stunning. The methods
adopted to stun the cows and sheep are much more severe than those
adopted in the case of birds. Apart from causing more pain to the animals,
this sort of stunning has more chances of their death before their actual
slaughter.
1 Surah Al-Ma’idah 3
2 Al-Fatawa Al-Hindiyyah 286/5
3 Raddul Muhtar 334/1
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Actually, the form of slaughter adopted by the Shari'ah i.e. cutting at least
three veins of the throat is the easiest way to slaughter an animal. This
has been proved by some scientists who took EEG of two animals, one
stunned and the other not stunned. They found out that the pain of the
stunned animal was more severe than the pain of the animal slaughtered
by cutting veins without stunning. Therefore, stunning in the case of cows
and sheep must be avoided.4
However, if it is proved that the animal is alive at the time of slaughtering by a
Muslim or a Jew or a Christian by invoking Allah’s name, it will not be taken
as Haram.
It must be remembered that Jews still recite Allah’s name when slaughtering
according to their own religious requirement, but it is no more a requirement
in Christianity. But if the slaughterer is a Christian, it is mandatory to make
sure that he recites Allah’s name, which is very difficult in practice. Therefore,
the act of slaughter must be entrusted to a Muslim or a Jew.
For more details on the subject please see my Arabic book "Discussions on
Contemporary Juristic Issues" [ ‫ ]بحوث في قضايا فقهية معاصرة‬under the heading
"Rulings on Slaughtering" [‫]احكام الذبائح‬
21.2 Various aspects of Halal slaughtering of animals
Q) What do the respected Scholars of Islam say regarding the following:

1) In many Muslim slaughterhouses in the UK, the animal is rendered
unconscious before slaughtering by administering a mild electrical
current. This does not kill the animal but has an effect of about up to a
minute during which the animal remains motionless, and slaughtering it
becomes easier. The operators of the slaughterhouses claim the voltage
of this stun is so low that there is no danger of the animal dying. Is it
permissible to slaughter in this way. And what is the ruling regarding the
meat of an animal slaughtered in this way. And if the stunning lessens the
blood flow at the time of slaughter, what would be the ruling.
2) The (UK animal welfare) law requires that an animal slaughtered
without stunning should be held down for at least 20 seconds after slaughter,
to minimize stress to the animal and possibility of injury to both animal
4 Sahih Muslim 1548/3

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and slaughterman. In such a situation, in order to help abide by this law, if

instead of applying a stun before slaughter, the stun is applied immediately
after the animal has been slaughtered, so that the slaughterman can move
more quickly to the next animal, what would be the ruling.
3) Is it permitted to slaughter a pregnant animal and can the meat of
such an animal be certified Halal.
4) Some Halal meat supplying companies operating in the Halal meat
industry in the UK abuse the law and voluntarily liquidate their companies
after operating for some time, and by doing so free themselves of their
accumulated debt, and then without paying their govt. taxes and debts
owed to the farmers they open another company under another name
and start operating again. In this way they undercut other law-abiding
companies engaged in providing Halal meat. These people are a cause of
disrepute to the whole Halal meat industry, and they are one of the main
reasons why many shortcuts and bad practices aimed at cost cutting have
been introduced into the industry. Would Muslim certification bodies be
justified in denying certification to these companies.
5) In the situation where the animal is rendered unconscious before
slaughtering by being administered an electrical current, if the animals
are checked and proved alive according to a fixed percentage (e.g. 20%
or 40% of the animals), and the rest of the animals are not checked, in this
case what is the ruling for the meat of the animals that have been checked,
and what is the ruling for those that have not been checked.
6) What sort of proof is considered valid in Shari’ah for proving an
animal alive at the time of slaughter. If some time after applying the
electrical current, some slight movement is observed in the animal and it
is declared alive and slaughtered, would this be correct. If after applying
the electrical current, the animal’s pulse and heartbeat is ascertained
through some means (e.g. by means of a scanner detecting the pulse or
heartbeat etc.) would it be permissible to slaughter the animal in this case.
What would be the ruling regarding its meat.
7) What is the ruling regarding the slaughtering of animals in front of
one another.
8) What are the minimum words to be recited at the time of slaughtering
an animal and what are those words.
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9) What is the minimum part of the neck that must be cut at the time of
slaughter for the animal to be considered Halal.
10) In many slaughterhouses the workers and the people employed for
slaughtering are Muslims in name but do not practice good personal
hygiene, do not remain in a state of ritual purity, and do not pray Salah,
some don’t even pray their Jumu’ah Salah. What is the ruling regarding
animals slaughtered by such people. Should the slaughterhouses employ
such people for this work, especially for slaughtering.
11) If the slaughterhouse is owned by non-Muslims, and the slaughterman
is a Muslim but all the rest of the staff and workers are non-Muslim, and
when the meat is delivered to the shops the driver and workers are not
Muslims, can the meat supplied by these people be considered Halal.
12) What is the ruling regarding the meat and chicken imported from
countries such as Australia and Holland etc, which carries a ‘Halal’ label.
13) Some people say that it is Makrooh to eat the meat of an animal that
has been stunned before slaughtering. Is this correct. If it is correct, then
what is the ruling regarding the regular consumption of such meat.
A) 1) The practice of rendering animals unconscious before slaughtering,
which is carried out in different ways, consists of a number of undesirable
and objectionable elements, for example:
a) If this act is such that it causes the animal to lose all its senses
and consciousness completely, then there is a risk that it will have
caused the animal’s death before its slaughter, especially if the
animal was weak or ill.
b) If this act is such that it does not cause the animal to lose all its
senses and consciousness completely (such as a mild electrical shock
that merely immobilises the animal), then there is a strong possibility
that the animal’s pain and suffering will have been unnecessarily
increased, since the pain of slaughter remains due to its not being
unconscious, and the pain and stress of the electrical shock will have
been administered additionally without any need.
c) If this act makes the animal weak (compared to its normal
and natural condition), and at the time of slaughter the animal is
not at its full physical strength, then there is a risk that this will
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cause a reduction in the amount of blood that will flow from it at

the time of slaughter, compared to what might have flowed in the
case of the animal being fully conscious and in full possession of
its senses and physical strength, and to undertake such a course of
action deliberately is to oppose and counter a Shar’i requirement of
slaughter (i.e. the discharge of flowing blood).
d) If the amount of blood discharged is reduced due to the animal’s
weakness, then there is a risk that the remaining (non-discharged)
blood will be absorbed into the meat of the animal, and this is an
undesirable outcome both from a medical point of view and also
according to Shari’ah.
e) If the person undertaking this way of slaughter believes it to
be a less stressful and painful method than the prescribed Shar’i
manner, then this is tantamount to believing an invented method to
be superior to a revealed one, and it means that the person believes
the revealed method of slaughter to be painful and cruel, which is
‘close to disbelief’.
(Ref: Imdadul-Fatawa, Vol. 3, P, 605-8, and Ahkamuz-zaba-ih, P. 55-6)
Due to these reasons, it is not correct in terms of Shari’ah to render an
animal unconscious before slaughter. And in fact, Hakimul-Ummah
Maulana Ashraf Ali Thanwi (Rahmatullahi Alaih) has used the
words "evil innovation, corruption of faith" and "against Shari’ah"
to describe this practice.
As for the ruling regarding the meat of an animal slaughtered in this
way, if the animal was definitely alive at the time of slaughter, and was
slaughtered correctly, it would be considered Halal. However, due to
the reasons outlined above, and many types of doubts that arise, it is
appropriate for Muslims to avoid such meat as far as possible, because
staying away form doubtful things is also a part of faith.
2) If the animal has been slaughtered in the correct Shar’i way, its meat
is Halal and administering an electrical current after this will not affect its
permissibility.
3) If the animal is pregnant and close to giving birth, it is Mokrooh
(disapproved) to slaughter it. If not close to giving birth, it is permissible
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to slaughter it without any Karahah (disapproval). Nevertheless, the meat

of such an animal will be Halaal in all cases.
4) If a Muslim person is violating the laws of a country and is engaged in
dishonest behaviour, he is a sinner, and it is not permissible to deliberately
help and support him in this action. Therefore, in the situation described in
your question, the Muslim institutions have the right to deny certification
(of the meat) to such people. Moreover, when such actions carry the risk
of tarnishing the whole Muslim community, it is necessary to exercise
extra care. In addition, it is obligatory according to the Shari’ah for these
people to pay off and settle the debts that remain outstanding against
them, and failure to do so will entail accountability in the Hereafter.
5) In the described situation, it is necessary to ascertain individually
about each animal that it was alive at the time of slaughter. It is not correct
to check some animals and deduce from this that the rest were also alive.
In such a situation the meat of those animals about which it is known
with certainty or beyond reasonable doubt that they were alive at the
time of slaughter, and they were correctly slaughtered, will be considered
Halal. And the meat of those animals about which it is known (or there
is a strong possibility) that they were dead at the time of slaughter, or
those animals about which it is not possible to ascertain if they were dead
or alive at the time of slaughter, will not be considered Halal, and it not
permissible to use such meat.
6) The jurists have mentioned many signs that can be taken as proof of
an animal being alive at the time of slaughter, for example if the animal
bleeds at the time of slaughter like a living animal, or closes its mouth
or eyes, or pulls together its legs, or shows any kind of movement, etc.
Therefore, if the fact that the animal was alive can be established in any
way, it will be permissible to slaughter it, and its meat will be considered
Halal. The observation of movement in the animal, or establishing the
fact that a pulse exists is sufficient prove an animal is alive.
7) It is Makrooh to unnecessarily slaughter animals in front of one
other, and this should be avoided.
8) It Is necessary to invoke the name of Allah Most High at the time
of slaughter. It is Mustahab (recommended) to say ‘Bismillahi Allahu
Akbar’.
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9) For the animal to be Halal, it is necessary that all four or at least three
of the four channels (of food, air, and two of blood) in the throat must be cut.
10) If the person carrying out the slaughter is a Muslim, then even if he
is a Fasiq (non-practicing Muslim), the animal slaughtered by him will
be considered Halal, provided that it is slaughtered in the correct way and
the other conditions (for correct Shar’i slaughter) are present. However,
pious and practicing Muslims should be employed for this purpose as far
as possible, and it is not correct to unnecessarily employ non-practicing
Muslims.
11) If it is certain that the meat is that of an animal slaughtered correctly
by a Muslim, then it is Halaal. In this situation the fact that the owners
of the company or the staff are not Muslims will not have any effect on
the permissibility of the meat. However, if it is known with certainty, or
beyond reasonable doubt, that the meat is not Halaal; or there is merely
the claim of a non-Muslim that it is Halaal, and there is no Shar’i evidence
to support this claim; or the particular supplier or seller is known to mix
Halaal and Haraam, then in all these cases the meat will be Haraam and
it must be avoided.
12) If the meat is imported from a Muslim country, then it will be Halaal
and permissible to use. And if it is imported from a non-Muslim country,
then unless a dependable Muslim person certifies that it was slaughtered
in accordance with all the Shar’i conditions, it will not be permissible to
eat this meat, even if it carries a statement that it is ‘slaughtered according
the Islamic method’ (or any other such statement), because it has been
established that such declarations are not reliable, and (where there is
doubt) the original ruling for meat is that of impermissibility.
13) Due to the points mentioned above in answer No. 1, the meat of
an animal that is rendered unconscious before slaughtering has many
objectionable elements and doubts in it, and it is therefore advisable for
Muslims to avoid such meat as far as possible, without genuine need.
Nevertheless, if responsible Muslim persons are appointed to undertake
or oversee the action of slaughter, and they certify that the meat is Halaal,
i.e. that the animal was alive at the time of slaughter and the other
conditions of Shar’i slaughter were also present, then the meat of such
animals will be considered Halaal and its use will be permissible.
(Please see also Al-Balagh International, Safar 1422/ May 2001 issue).
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It has now been established through scientific research as well that the
practice of making animals unconscious before slaughtering, as carried
out in western countries, is more painful for the animal. Therefore, it is
necessary for Muslims to make every effort to obtain exemption from this
practice.
Follow up question:
Q) We are an association of the Muslim consumer (ASIDCOM: www.
asidcom.com), and we work on the question of the Halal. We translate and
write scientific reports on the issue of stunning to inform Muslims about the
problems and the harms of this practice.
Today I would like to ask you about a Fatwa of the Mufti Taqi Usmani Fatwa
regarding Stunning which was put on this website: http://Halalmonitoring.
com/idl.html, which we feel is not right, especially as our Muftis are not aware
of these important scientific medical information.
The (UK animal welfare) law requires that an animal slaughtered without
stunning should be held down for at least 20 seconds after slaughter, to
minimize stress to the animal and possibility of injury to both animal and
slaughter man. In such a situation, in order to help abide by this law, if instead
of applying a stun before slaughter, the stun is applied immediately after the
animal has been slaughtered, so that the slaughter man can move more quickly
to the next animal, what would be the ruling.
Mufti Taqi Usmani answer:
“If the animal has been slaughtered in the correct Shar'i way, its meat is
Halal and administering an electrical current after this will not affect its
permissibility.”
I would like to give you some scientific medical aspect of this new proposed
practice:
- Affects and interferes with the normal natural safe painless quick
process of dying and delay it, affects the heart, blood vessels, hormones
and chemicals, contractions and convulsions.
- It will damages the natural healthy chemical quality of the meat (not
Tayyib)
- Can be painful to the animal
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- Is a deviation from prophet Muhammad ‫ ﷺ‬humane way of Dhabh

and we have been warned by the prophet that he will "fight us" if we did
not do Zabiha exactly like him.
- In Islam the welfare of the animal is first and before any more profit
or money.
- The electricity is applied before the end of the blood drainage which
does depend on strong beating heart and strong active convulsions and
contractions.
- the electricity can stop the heart of some animals, and this will cause
a reduction in the amount of blood that will flow from the animal and the
animal might die from the stunning/Mitah which makes the meat Haram
to eat.
- Stunning can cause the rupture of the small blood vessels inside the
meat (Salt and Pepper Haemorrhage) thus blood will be consumed with
the eaten meat. Another Haram.
- At least it is Shubuha/doubtful (animal dies before, blood stays
more inside the meat/animal. So, we should avoid the eating of this
doubtful meat.
- The electric shock will immobilize the animal and the natural
painless contractions and convulsions will not be able to take place, and
it will reduce too the amount of blood that will flow from the animal.
- The death of the animal take place very quickly in the prophetic
method/no stunning, in less than a minute.
- Finally, I would like to inform you that this method is used for only
economic questions/greed (to kill more animals per hour) because when
the animal is slaughtered correctly by the method of our prophet ‫ﷺ‬, it
became unconscious very quickly, after few seconds. (we have to admit
that we do need some more new medical research and studies on this new
proposal: Stunning after the cut).
There is too a very popular Muslim consumer blog (Alkanz) that use the Fatwa
of the Mufti Taqi Usmani from this website to confirm that the stunning after
Zabiha is Halal.
So ASIDCOM need your help to correct the mistake in the question of this
Fatwa.
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A) Thank you for your email. In fact, there are two different issues that
should not be confused with each other.
One question is to identify the correct way of slaughtering an animal according
to Sunnah and Shari'ah law. Answer to this question is that the correct way
according to Sunnah and Shari'ah is to cut the veins of throat with a sharp
knife and reciting Allah's name while doing so, without stunning before or
after slaughter. Stunning an animal either before or after cutting its throat is
against the proper way prescribed by Shari'ah according to Sunnah.
The second question is whether or not the meat of an animal will be permissible
to eat, if it is stunned before or after its slaughter. Answer to this question is
that it will not be Halal if it has died because of stunning and not because of
cutting throat and the blood flowing from its veins. However, if its death is
caused by the blood flowing from its veins not caused by stunning, eating
its meat will not be held impermissible, although the act of stunning, either
before or after the slaughter, is not permissible. This is the correct connotation
of our previous fatwa about stunning after slaughter.
I think this will explain the Shari'ah position, and Allah knows best.
21.3 Report on different methods of slaughtering &

stunning
Q) We would like to explain the situation before asking the question: There
is only one (new) slaughterhouse in Reunion Island, in the town of St-Pierre.
The majority of Muslim butchers take their meat in this slaughterhouse (which
is new and had been built since 1998) and sells it to everybody.
We have visited this slaughterhouse and we have seen this: The animals are
coming through a certain way and are arriving in a machine where he cannot
go ahead or behind above this machine, a man (a non-Muslim) stuns the animal
with a kind of gun. There is a blank (bullet) in this gun which at the pull of
the trigger goes into a steel cone which perforates the cranium of the animal
immediately; we can easily see a wound after stunning which makes exactly
a little hole in the head of the animal and blood is seeping; we can also see
this hole when the skin of the animal has been removed after the slaughtering.
After stunning by this method, some animals are not moving (and we cannot
say if the animal is alive or not.) There is doubt but some specialists say that
some are not alive because of their fragile body, (especially in Reunion where
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the animal-beef or calf are not big); some are alive but we can see that they
have suffered before the slaughtering.
The Question is: Is it permissible to stun an animal as explained above before
slaughtering. After stunning and slaughtering, is the meat Halal. Precision: In
this slaughterhouse, there is a machine which we call in French the "piege" (a
trap) where it is possible to slaughter the animal through Islamic Zibah. But
this machine is actually not used by the Muslim butchers; the director of this
slaughterhouse has now agreed to organize something only if the Muslims
organize themselves. Moreover, there is no Islamic organization which
seriously takes care of this very important aspect of the life of Muslims; one
Mufti said that he is not taking meat from this slaughterhouse but he said this
in private, not in public.
A) The process of stunning an animal before it is slaughtered has many forms
in different places. The procedure mentioned in your question is widespread
in western countries and I have seen it myself and have consulted the experts
about it. There are two issues about this stunning:
1) Whether this process is allowed in Shari'ah and whether a Muslim
should carry it out before slaughtering an animal; and
2) Whether an animal slaughtered after this sort of stunning will be
deemed as Halal.
With regard to the first issue I have no doubt in my mind that this procedure is
not at all permissible in Shari'ah.
Firstly because it is an unnecessary torture to the animal which is strictly prohibited
by the Holy Prophet ‫ﷺ‬. According to an experiment undertaken by different
experts in Germany this process of stunning causes more pain to the animal than
slaughtering the animal straight by the throat. This conclusion has been reached
after examining the report of an animal slaughtered by throat and another after
stunning. The report of the expert is reproduced here for your benefit.
Animal Slaughter Research Report
However, Prof. Schultz and his colleague Dr. Hazim of the Hanover
University, Germany, proved through an experiment, using an Electro
encephalograph (EEG) and Electro Cardiogram (ECG) that:
1) Islamic slaughter is the humane method of slaughter, and:
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2) Captive bolt stunning, practiced by the western method, causes

severe pain to the animal.
The results surprised many.
Experimental Details: Several electrodes were surgically implanted at
various points on the skull of all animals, touching the surface of the
brain. The animals were allowed to recover for several weeks. Some
animals were slaughtered by making a swift, deep incision with a sharp
knife on the neck cutting the jugular veins and carotid arteries of both
sides; and also the trachea and esophagus - Halal method.
Some animals were stunned using a captive bolt pistol -’humane’ slaughter
by western method. During the experiment, EEG and ECG were used on
all animals to record the condition of the brain and heart during the course
of slaughter and stunning.
Results and Discussion:
Halaal Method
The first three seconds from the time of Islamic slaughter as recorded on
the EEG did not show any change from the graph before slaughter, thus
indicating that the animal did not feel any pain during or immediately after
the incision. For the following 3 seconds, the EEG recorded a condition
of deep sleep - unconsciousness. This is due to a large quantity of blood
gushing out from the body. After the above mentioned 6 seconds, the EEG
recorded zero level, showing no feeling of pain at all. As the brain message
(EEG) dropped to zero level, the heart was still pounding and the body
convulsing vigorously (a reflex action of the spinal cord) driving maximum
blood from the body resulting in hygienic meat for the consumer.
Western method by Captive Bolt Stunning
1) The animals were apparently unconscious soon after stunning.
2) EEG showed severe pain immediately after stunning.
3) The hearts of the animal stunned by C.B.P. stopped beating as
compared to those of the animals slaughtered according to the Halal
method resulting in the retention of more blood in the meat. This in
turn is unhygienic for the consumer.
The second reason for its impermissibility is that in some cases it becomes
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doubtful whether the animal is or is not alive after this sort of stunning.
Consequently, the Muslims must try their best to avoid this process in their
own slaughter houses and if there is any legal requirement they should try to
exempt themselves from it as is done by the Jewish community throughout
the world.
As for the second issue it depends on the question whether or not the animal
remains alive. All the experts including Muslim experts whom I had the
opportunity to discuss the issue were almost unanimous on the point that this
process does not kill the animal at once except in very rare cases. However,
if the animal is not slaughtered within a span of 15-20 minutes after stunning,
it is very likely that the animal dies. Therefore, if a number of animals are
stunned in one sequence and then the process of slaughtering is started from
the animal which was stunned first then there is possibility that the same first
animal would have died before slaughtering.
Keeping this in view if the animal is slaughtered immediately after stunning
according to the prescribed rules of Shari'ah the same cannot be declared as
Haram. However, if it is slaughtered after a considerable time it will not be
permissible to eat.
This detail also confirms the answer given to the first issue that the Muslims
must not use this method of stunning in their Slaughter houses.
Follow up question:
Q) Here, in Reunion, we have put up a Halal Monitoring Committee (www.
Halal-reunion.com). But till now, in the chicken abattoirs that we control, a
stunning of very little voltage is used before slaughtering. And the inspector
that we have on the site daily can see that the almost all the chicken are still
alive when it is slaughtered (on the whole day, it might be up to 10 or 20
chickens (on a total of 20 000 chickens) which are killed before slaughtering.
Yesterday, we did not have any dead chicken during the whole session). We
have already asked the responsible of the slaughterhouse to stop the stunning,
but they told us that without that light stunning, it's very difficult for the
Muslims to slaughter correctly the chicken, since they move a lot.
You have written in your Fatwa that it is not permissible to use stunning. Can
you please tell us if your Fatwa is general for all kind of stunning or could a
very light voltage stunning (as it is the case here, so the animals do not move
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too much when it is slaughtered) be tolerated. Djazalkoumoullah in advance

for your answer.
A) The basic objective of my Fatwa is that the Muslims should try their
best to exempt themselves from stunning, as it is against Sunnah. However,
if Muslims have no choice, then I have already mentioned that the animal
would not be held as Haram, if it is slaughtered properly before it is dead,
particularly, when stunning is very light.
21.4 Chicken is stunned at an electricity voltage
Q) If the chicken is stunned at a voltage of 50 volts (the meter can be set from
0 volts to 120 volts) and then whilst the chicken is still alive, the ‘zibh’ carried
out by a few Muslim brothers who cut the throat manually by hand using a
knife, immediately after being stunned (and say Bismillah Allah Akbar).
Please could you confirm that the above is permissible according to the Islamic
Shari’ah law and that chickens slaughtered in such a manner are indeed Halal.
A) An animal should not be stunned before slaughter, because it is more
painful for the animal as has been proved by recent studies. Moreover, stunning
process may at times cause death of the stunned animal before its slaughter.
However, if it is certain that stunning process did not cause death of the animal
and it has been slaughtered according to Islamic rules before its death, the
animal will be Halal for Muslims consumption. Allah knows best.
21.5 Mechanical slaughtering of chicken by circular knife
Q) I would greatly appreciate your advice regarding a very serious matter

which is creating some doubts in the minds of the Muslim brothers here.
I have been involved with the processing of Halaal food products and have
been doing so for a considerable number of years.
Recently it has come to my notice that certain members of the Muslim
community with an Imam of a Mosque agreeing to slaughter chicken by
Machine (Circular Knife) run by electricity and not by hand and this method
has been thought to be acceptable as Halal by them.
As this is an entirely new concept for Halal slaughter of chicken. It is very
difficult to recite Bismilla-he-Allah-ho-Akbar on every chicken, as the electric
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machine’s circular knife runs fast. We found that many chicken that pass
through the circular knife miss out and also sometimes it does not cut properly
and bleed. Many Muslim brothers entirely do not agree on this method. What
is your opinion might be acceptable or not.
A) I received your question about the mechanical slaughter of chicken. I have
myself seen this process in different countries and have come to the conclusion
that the necessary condition of reciting Bismillah while cutting the throat of
every chicken is not possible if the mechanical knife is used for slaughtering
the chickens, therefore, I have suggested in a number of slaughterhouses that
the circular knife be removed from the plant. Instead, three to four Muslim
persons should stand in its place and cut the throat of every chicken by reciting
Bismillah. This proposal has been accepted in a number of slaughterhouses
and they are working accordingly.
If this arrangement is possible, then the chicken mechanically slaughtered is
Halal, otherwise I have serious reservation about the other methods employed
for reciting Bismillah for the mechanical slaughter of chickens. Although
some contemporary scholars have allowed that Bismillah can be recited
once for a number of animals slaughtered spontaneously, such scholars are
of the opinion that mechanically slaughtered chickens are Halal if the person
who starts the machine recites Bismillah at the time of pressing the switch,
but keeping in view the different rulings given by the majority of classical
scholars, I am not satisfied with this opinion and I feel that the way I have
suggested is quite workable which should be insisted upon by the Muslims. If
the Muslim community takes a stand on the matter, it can easily persuade the
slaughter houses to adopt this method.
Q) As you are aware, the Muslim Ummah is encountered of whether
mechanical slaughtering of chickens is permissible or not. Over here in
Australia, many plants have now adopted this method and the Australian
Federation of Islamic Councils Inc. (AFIC) has obtained ‘fatwas’ from many
organizations about its permissibility.
The method of mechanical slaughtering briefly involves a Muslim, turning
‘on’ the machine with the recitation of ‘Tasmiyah’ i.e. the name of Allah
once; and stays with the machine ensuring all chickens are slaughtered with
the same Tasmiah. The machine blade is adjusted to cut the jugular veins,
carotid arteries, trachea and esophagus of each chicken and the machine has
Chapter 21
been designed to ensure the correct type of cut without the spinal cord being
severed. On inquiry, I was told that in the morning, the machine is turned
‘on’ when the chickens have not even been hooked onto the machine-belt
yet causing a substantial period of time to intervene between the ‘tasmiyah’
i.e. proclaiming the name of Allah and the slaughter. Some plants process up
to a hundred thousand chickens per day and this manually would need about
twelve men while, mechanically, only four men are required.
Therefore my questions are:
1) Is mechanical slaughter permissible in the light of ‘Shari’ah’ and if
so under what conditions.
2) Is it incumbent to recite ‘tasmiyah’ on each chicken or is it sufficient
to recite it once only.
A) I have gone through the letter of the Australian Federation of Islamic
Councils Inc. and the procedures suggested by them. I have myself seen this
procedure in a number of slaughterhouses in America and Africa. The main
issue in this procedure is that Tasmiyah cannot be recited on each and every
bird if the mechanical knife is used for their slaughter. The classical Muslim
jurists seem to be unanimous on the point that in the case of large number of
animals the Tasmiyah must be recited on each and every animal separately.
As regards the conditions relating to the slaughtered animal, one of them is
that the animal must be specified when reciting the Tasmiyah on it. On the
basis of this principle if someone slaughtered animal reciting Bismillah then
he slaughtered another under the impression that the first Tasmiyah is enough
for the second one, the second animal will not be permissible for eating
and therefore it is necessary that each animal is slaughtered by a separate
Tasmiyah." (al-Fatawa al-Hind, v.5 p. 86)
And it is necessary that Bismillah is recited exactly at the time of slaughtering
or immediately before it, and therefore if someone recited the name of Allah
on a goat then he took another one and slaughtered it on the former Tasmiyah it
will not matter whether he has abandoned first goat or slaughtered it because
he did not intend to slaughter the second animal by the first Tasmiyah. And
if he saw the herd of sheep and recited Bismillah then started slaughtering
all of them without reciting Tasmiyah on each one of them separately, the
sheeps will not be Halal. (al-Mughni by Ibn Qudarnah, v.11 p.33)
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All these experts go a long way to urge that a collective number of animals is
not enough. It is rather necessary that each animal is blessed with Tasmiyah
separately. This requirement cannot be fulfilled in the suggested procedure.
I have suggested to a number of slaughter houses, and the suggestion was
approved by them that having all the systems of mechanical plant intact,
only the mechanical knife is removed and some Muslim persons are made
to stand in front of the slaughtering place and whenever a chicken passes
through that place, a Muslim cuts throat of the animal by reciting Bismillah so
that every bird can be blessed with Tasmiyah. For this purpose not more than
four Muslim persons are to be employed. This has been done in a number of
slaughter houses without any considerable extra cost. It is to be observed that
even in the present mechanical system a large number of people are required
for a number of functions they perform manually like cleansing the stomach
of the birds to remove the impure elements etc. If some people are employed
for those purposes, some additional employees can be hired for the purpose of
manual slaughtering also.
This is my opinion which I have mentioned in detail in my book "Ahkamul
Zabiah" and I am not still satisfied with the opinion that if Tasmiyah is recited
at the time of switching the machine on, it will be sufficient for the thousands
of birds slaughtered by the mechanical knife later on.
Q) During your last visit to Toronto, Canada, (December, 94), we had the
opportunity to see the Chicken slaughter house. Based on yours and Mufti
Rafi Usmani’s observations, please answer the following questions:
a) Can the Chicken slaughtered and prepared under current conditions
be considered Halal.
b) If the answer to A is no or doubtful, what are the changes that may
be necessary to make it acceptable as Halal.
c) Should the suggested changes be implemented, what will be the
monitoring mechanism for continued acceptance.
Note: Because of rising demand and for economic reasons, machine slaughter is
now becoming widespread in many countries. How do we adapt to new technology.
A) As I had explained earlier, after my visit to the chicken slaughter house, the
way in which slaughter of chicken is carried out is not acceptable. However, it can
be brought into conformity with the Shari’ah after some minor changes. What we
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had observed in the slaughter house was that the throat of the chicken was cut by
a machine while a Muslim standing nearby recited Bismillahi Allahu Akbar.
It was observed that this recitation did not coincide with the slaughter of each
and every chicken, while it is one of the fundamental requirements of Shari’ah
that the Name of Allah be recited on each act of slaughtering an animal.
Moreover, the machine goes on slaughtering without any break while the
person who recites the name of Allah may have some break. The only solution
to this problem is that instead of one person, three Muslims be employed to
cut the throats of chicken manually. They can slaughter the hanging chicken,
alternatively. The speed of the machine need not be slowed down, nor the
production needs be reduced. Each one of these three persons will cut the
throats of chickens by reciting the name of Allah. This procedure has been
practiced in a number of countries where the objective of mass production was
never harmed or adversely affected. In the same slaughter house, we had seen
a number of jobs being done manually by persons standing by the railing on
which the chicken pass continuously. The same method can easily be applied at
the stage of slaughtering also. This will require only two or three more persons
to be employed which should never be a problem for such a big firm.
You have referred to the manual slaughter vis-à-vis the mechanical slaughter.
But I feel that the basic purpose is the mass production of Halal animals. If this
objective is achieved, one should not insist on its being manual or mechanical.
In the way I had suggested, all the process of the mechanical production will
remain as it is. The only act to be done manually is the act of cutting the throat
without slowing down the machine. You can see that the separation of liver
and some other parts of chicken is still being done manually, while it does not
in any way, slow down the process. The same method is suggested for cutting
the throat also.
21.6 Shooting or killing an animal by a gun
Q) Is it permissible to shoot and kill an animal like a springbok, deer, or

other antelope with a hunting gun, revolver or pistol that fires bullets to kill
the animal. Can the use of bullets be regarded as the same as arrows. Will the
bullet be considered as cutting through the animal or would it be like a stone
that damages the animal and kills it.
A) According to the recognized view of the majority of the Hanafi schools
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the animal killed by the bullet of gun, pistol or rifle is not Halal unless it
is found alive and then slaughtered by a knife etc. after reading Bismillah.
The reason is that according to these scholars the bullets have no edges like
arrows, and therefore, they cause death because of the heavy pressure and not
by penetrating in the body of the animal by virtue of their edges. In this respect
they are like stones and not like arrows.
21.7 Unhygienic conditions in Halal slaughtering
Q) Procedurally, (rapid and massive bleeding, not cutting though the spinal
cord, using sharp knife, ensure that pre slaughter animal welfare is in good
health) Halal slaughter requirements is intended to ensure that food is safe for
human for consumption. However, if the slaughter environment is unhygienic
e.g. plentiful flies, generally poor hygiene, dirty clothes and facility etc. –
bearing in mind that these issues could render the food unsafe, would the meat
be Halal or Haram. My reason for asking this is as I would like to establish
some technical protocols which could possibly be used by local authorities.
A) If the slaughtering environment is unhygienic but the basic Islamic
requirements of a Halal slaughtering are fulfilled the animal cannot be held as
Haram. Nevertheless, it is always advisable even from Shari'ah point of view
to observe all the essentials of hygienic slaughtering so that it may not harm
the people using the meat.
21.8 Meat slaughtered in a Muslim country
Q) Since you have visited Saudi Arabia a lot, and also I have seen your book
MaSalah-Al Qadaya on the issue of meat, I need to ask about the Watania
Chicken in Saudi Arabia. Is it Halal or doubtful. The reason is because there
are many of our muftis from deoband are in favor if it’s being Halal. Also,
there is a fatwa by Hazrat Mufti Ibrahim Desia Sb mentioning that it is Halal-
the link is:
- http://eatHalalfood.blogspot.com/search/label/Al-watania
- https://www.albalagh.net/qa/saudi-arabia_meat.shtml
A) A meat slaughtered in a Muslim country is presumed to be Halal unless
proved otherwise with certainty.
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21.9 Suspicions concerning whether meat is Halal
Q) We in North America buy our food stuff, including meat, from a Muslim’s
store. He tells us that the meat is duly slaughtered by a Muslim according to
Shari'ah, but we do not know whether he is correct in his statement or not.
Some people become suspicious about his statement on the ground that they
themselves have not seen the animal being slaughtered and the possibility
cannot be ruled out that the seller is claiming the meat to be Halal only to
attract the customers who strictly follow Shari'ah.
What should be a Muslim’s attitude in this case.
A) If a Muslim informs you about a particular meat that it is slaughtered
by a Muslim in complete conformity with the Islamic injunctions, and there
is no apparent reason to disbelieve him, you trust his statement and take the
meat as Halal. One should not indulge in baseless suspicions about a Muslim’s
statement. We have been directed to presume a Muslim’s statement as true
unless the contrary is proved.
However, if one suspects his statement on reasonable grounds, for example,
he has himself seen him purchasing the meat from a non-Muslim dealer who
deals in Haram meat, or he has found him too careless in these matters to be
relied upon, then he should not rely on his statement except after enquiry,
and the meat of his store should not be purchased or used unless one is fully
satisfied that it is Halal.
21.10 Eating meat slaughtered by Jews & Christians
Q) I have heard from some scholars that a person, especially when he is

travelling, can eat over a Jewish house and sleep over a Christian place if need
be, and not do vice versa. What is the philosophy behind it.
A) Eating at the house of Jews or Christians and sleeping in their homes is
allowed on a condition that the meal served by them is not Haram. There is no
difference between Jews and Christians in this respect. The only difference is
that the Jews normally conform to the requirements of permissible slaughter
while Christians do not. Therefore, the slaughter by Jews is permissible while
the slaughter by Christians is not permissible unless it is known that the
Christian has conformed to the requirements of slaughter as prescribed by the
Shari'ah.
Chapter 22
Halal Food & Personal Use Items 673
CHAPTER
22
22.1 Halal Food
Halal Food &
Personal Use Items
674
22.1.1 General rules to decide Halal & Haram in buying food 674
22.1.2 Permissibility of eating sea food 677
22.1.3 Is Kangaroo meat Halal 678
22.1.4 Use of casing for sausage products 678
22.1.5 Using Gelatine 682
22.1.6 Gelatine and the process of tanning 682
22.1.7 Glycerine, Gelatine and Kosher meat 683
22.1.8 Eating at a Jewish house 684
22.1.9 Kosher Meal 684
22.1.10 Kosher and Halal 684
22.2 Personal use items 685
22.2.1 Fur garments and their use 685
22.2.2 Pig Skin Lining in Leather Shoes 685
22.2.3 Use of Perfume having Alcohol 687
22.2.4 Contact Lenses 688
Chapter 22
674 Halal Food & Personal Use Items
22.1 Halal Food
22.1.1 General rules to decide Halal & Haram in buying food

Q) In today’s world where travelling is so common to various counties,
sometimes, we are confused in buying even a bread or vegetarian food whether
it is Halal or not.
What is the general guidance as to the rule of deciding Haram or Halal in
terms of buying and eating food, both meat and other than meat.
A) Before going into the details, we must keep in mind the following
general rules:
General Rules
1) Everything in this universe is assumed to be Halal, until otherwise is
proved1.
2) The meat of animals is initially Haram, until it is proved or assumed
on the basis of an Islamic principle that it is slaughtered in proper Islamic
way2.
3) One should not indulge in baseless suspicions about Halal and
Haram.
4) Meat slaughtered by Jews and Christians (Ahl-e-Kitab) are Halal
only if they:
a) Are not atheist and truly believe in their own religion (Deen)
b) Are not converted from Islam
c) Recite the name of Allah Almighty while slaughtering.
d) Know the requirement of a valid slaughter i.e. slaughterer has to
cut at least 3 out of 4 veins3 (the four veins are Trachea, Esophagus
and both the Carotid Arteries and Jugular veins)
5) Meat slaughtered by non-Muslim who is not from Ahl-e-Kitab, is
not Halal4.
1 Al-Durrul Mukhtār Wa Hāshiyah ibn-e-Abidīn 105/1 & 460/6
2 Badāiʿ Al-Sanāiʿ 40/5
3 Surah Al-Mai’dah 5, Mirqātul Mafātīh 2653/6, Fatwā No. 32/2056 of Dārul Iftā Jamia Dārul
Uloom karachi.
4 Mirqātul Mafātīh 2653/6
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6) Information about Halal and Haram from a non-Muslim is not

acceptable5.
7) Things declared by the Holy Qur'an or Sunnah as Najas (impure) are
Haram, such as pig, urine, blood, Wine etc.
8) Pests and insects are Haram6.
9) In aquatic animals, only fish is Halal according to the Hanafi School7.
10) Filthy, abominable, and Harmful things should be avoided8.
Keeping these principles in mind, especially first two rules, it is evident that
the status of meat and other food stuffs is different in the context of Halal and
Haram. The outcome is as follows:
Meat in A Muslim Country
1) If one is in a Muslim country or in a country where Muslims are in
majority and meat is produced locally or produced and imported from such
a Muslim country, it will be considered Halal until otherwise is proved9,
because Shari'ah presumes that people in a Muslim country slaughter the
animals according to Shari'ah, until it is proved that a particular piece of
meat is not slaughtered as required by Shari'ah. However, even in Muslim
country, preference should be given to the meat that is certified by an
authentic Halal Certification body owned by Muslims and well known in
issuing Halal Certificate after a careful Halal Audit.
2) No inquiry is required about meat in such a country
3) Meat imported from a non-Muslim country could not be considered
Halal, unless it is satisfactorily proved that it is slaughtered in Islamic
way. Further details are given in the following paragraph.
Meat in non-Muslim Countries
1) If one is in a country predominantly populated by non-Muslims and
meat is produced locally, it will not be considered Halal until it is proved
to be Halal. This can be authenticated in different ways. For example:
5 Al-Durrul Mukhtār Wa Hāshiyah ibn-e-Abidīn 345/6
6 Badāiʿ Al-Sanāiʿ 36/5
7 Al-Fatāwā Al-Hindiyyah 289/5
8 Sūrah Al-A’rāf 157, Al-Durrul Mukhtār Wa Hāshiyah ibn-e-Abidīn 304/6
9 Ṣaḥīḥ Bukhāri 92/7
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a) When a Muslim informs that the Animal was Halal and

slaughtered according to the Shari’ah requirements, and there is no
apparent reason to disbelieve him, the meat can be held as Halal.
However, if one suspects such statement on reasonable grounds, for
instance, he has himself seen him purchasing the meat from a non-
Muslim dealer who also deals in Haram meat, or he has found the
informer too careless in these matters to be relied upon, then one
should not rely on his statement and has to carry out proper inquiry.
Such a meat should be avoided unless one is fully satisfied that it is
Halal.
b) Meat can be consumed if it is certified as Halal by an authentic
Halal Certification body owned by Muslim and well known in issuing
Halal Certificate after a careful Halal Audit and which does not allow
mechanical slaughtering and stunning or at least they ensure that the
animal was alive before slaughter in case of stunning.
For more details, please see my Arabic book "Discussions on Contemporary
Juristic Issues" [ ‫ ]بحوث في قضايا فقهية معاصرة‬under the heading "Rulings on
Islamic Slaughtering" [‫]احكام الذبائح‬.
Rulings of Food Stuff Other Than Meat

1) Preference should be given to Halal Certified products that are
certified by an authentic Muslim owned Halal Certification body.
2) All non-animal based, and nonalcoholic products are Halal if they
are not intoxicating.
3) Alcoholic beverages are prohibited
4) The principle about products containing synthetic alcohol is that it
may be permissible for external use, like perfumes, gels etc, However, its
oral use should be avoided if it is proved that it contains alcohol; mere
suspicion does not make it impermissible. However, it can be used orally
for real medical needs.
5) If the product is produced or processed locally in a Muslim country
and contains animal-based ingredients, it would be considered Halal (if
all other ingredients are also Halal), unless it is proved that it is Haram.
6) If a Product is made in a non-Muslim country, and certainly contains
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animal-based ingredients such as Gelatin, Animal Fats etc., it cannot be

used orally unless it is confirmed, through one’s own research or through
authentication by a reliable Muslim body, that the animal was Halal and
was slaughtered according to the Shari’ah requirements.
7) The product will not be considered as Halal if it contains insects or
pests (unless declared Halal by the Holy Qur'an or Sunnah, like Locust).
22.1.2 Permissibility of eating sea food

Q) Can we eat crab, shrimp, and all kinds of seafood, except crab, according
to Hanafi School. Please explain to me clearly.
A) According to Hanafi school, out of all kinds of sea food only fish is Halal
and all others are prohibited. It is a little doubtful whether shrimps are included
in the term of "fish". However, most of the Islamic jurists are of the opinion
that they are included in fish and, therefore, permitted. Other kinds of sea
foods like crab, tray fish etc are not allowed according to Hanafi school but all
other three schools, namely, Shafi’i, Maliki and Hanbali hold all kinds of sea
food as Halal.
Q) I wanted to ask if it is permissible to eat prawns, lobster and shrimps. Are
there any fishes that we should avoid eating like catfish etc.
A) All kinds of fish are Halal in Shari'ah. All other sea creatures are not
allowed according to Hanafi School. There is difference of opinion about
Prawns, Shrimps and Lobsters as to whether they are included in the definition
of fish or not. According to the scientific definition of fish they are not included
in the kind of fish but because of general usage by Arabs they are termed as
fish. Since Shari'ah normally takes into account the general usage of Arabs in
this matter many scholars including the Hanafi ones are of the opinion they
are Halal but the scholars which give importance to the scientific nature of the
Prawns etc. do not deem it permissible according to Hanafi School. I am more
inclined to the view of those who take them as permissible but it is more pre-
cautious to avoid them.
Q) I have a question to ask you about the animals that we can eat. I read in
the book `Bahishti Zewar’ that all animals in the sea are Haram except fish. I
don’t understand that some other books say it Halal. What is the situation here
and which book is right.
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A) It is a point of difference between the Muslim jurists as to what kind of

animals in the sea are Halal. According to Imam Malik, Shafi'i and Imam
Ahmad bin Hanbal, all the sea animals are Halal. Some of them have exempted
some specific water/sea animals like frog etc and leaving them aside all other
animals are lawful. However, according to Imam Abu Hanifa only fish is Halal
while all other sea animals are not lawful to eat.
Therefore, the rulings given in Baheshti Zewar are based on the opinion of
Imam Abu Hanifa while the ruling you have seen in some other books was
based on the views of other three Imams. I have fully discussed this issue
in my Arabic book "Takmila Fathul Mulhim" and Urdu compilation of my
lectures "Darse Tirmizi" where I have concluded that although the view of
the other three Imams is based on strong arguments, the view of Imam Abhu
Hanifa is more precautionary.
22.1.3 Is Kangaroo meat Halal

Q) A number of Muslim brothers and sisters in Australia have informed me
that Kangaroo meat (Australian native animal) is Halal. The reasoning they
have provided is that it eats plants and grasses and does not eat other animal
meat. Is this the only criteria in determining whether an animal is Halal or
Haram. I have also been made aware that the type of foot the animal has also
determines the Halal or Haram status of animals.
There is a small group of the Ummah in Australia that is currently of the belief
that Kangaroo is Halal.
A) Kangaroo is a Halal animal because there is no basis for its prohibition.
The only condition is that it should be slaughtered with all necessary conditions
of Islamic slaughtering.
22.1.4 Use of casing for sausage products

Q) We are Muslim food processing factory producing beef patties and
sausages for Muslim consumption.
We are facing considerable difficulty in obtaining regular Halal sheep casings
for a sausage product which contains 90% beef. It is not an emulsified product.
It has a mince texture of 3mm granule. This product is grilled over a flame or
contact griller, while encased in a collagen casing.
Chapter 22
The only casing that we can regularly obtain is a collagen casing, which is
imported into this country from a Company who have tannery plants in Spain
and Germany. We also obtain collagen casings which come from a company
in Japan.
In order that you would be clear on what a collagen casing is and how it is
produced overseas I herewith detail the procedure of production.
Cattle hides from the slaughter house are delivered to the corresponding tannery
where the hair and flesh is removed by the usual chemical and mechanical
methods used in the preparation of hides for pickling. Stripping machines
divide the hides into an upper layer called the "grain" side, and the lower
layer of "flesh" side which is very rich in collagen. The upper layer is used
for making leather while the lower or reticular layer is used in the production
of collagen casings for the food industry. Therefore the raw material for the
casings is collagen.
There are different natural sources of collagen, mainly found in the connective
tissue, skin, bone and tendons. The tannery in order to prepare casings use as
their source of raw material "the corium layer" of the cattle hides which is
very rich in collagen fibres. From these fibres a dispersion is produced and this
extruded in the form of a tube of a predetermined size which is then dried and
packed for use in the food industry.
In order to give you further detail
1) On receipt of hides at the tannery these go into storage pits, where
they undergo lime treatment for 4-5 days.
2) The hides then undergo hand sorting and cutting.
3) Thereafter conveyed into mixers.
4) The hides are further cleaned during this pre-treatment stage of
cleaning with sodium hydroxide, and hydrogen peroxide.
5) The hides are washed once again with lime; calcium hydroxide
during this was cycle.
6) Further cold water washing takes place.
7) It then goes through a process of acidification, where hydrochloride
acid is used.
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8) The hides are once again thoroughly washed.

9) The chemical treatment is necessary in order to produce a controlled
hydrolysis of the collagen fibers, so as to facilitate their dispersion during
the grinding process.
10) At this stage the hides are ready and get cut or grinded to 10mm
pieces in a mincer fennel. The fibers break down producing a dispersion
made of collagen.
11) Cold water added to the small pieces. The percentage of collagen is
adjusted and various food additives are incorporated into the paste so as
to obtain the ideal properties for extrusion.
12) A further grinding of the hide brings it to 3.0mm pieces.
13) A second grinding process renders the 3.0mm pieces to 0.7mm.
14) The water content at this point of the collagen mass/dough is in
excess of 85%.
15) At no stage is hot water used for washing purposes as this would
cause some molecules and fibrous changes.
16) Finally the mixture undergoes a series of homogenization processes
which transform the collagen dispersion into a homogenous consistent
viscous-elastic mass.
17) Generally speaking after homogenization the collagen dough is
pumped into a refrigerated tank which ensures a constant supply to an
extruding pump.
18) The extrusion process aligns the collagen fibres and fibrils as they
are forced out through an annular die, producing a consistent tube with a
regular size and wall thickness.
19) Finally in subsequent process the casings are washed plastified,
dried, remoistened and wound on reels.
I think I have given you all the information required for you to deliberate and
I sincerely request you to advise whether this collagen casing is Halal and
whether we could use it in the filling of our beef product. The end product is
for Muslim consumption only.
May I request your ruling from the Hanafi and Shafi’ee mathahib.
Chapter 22
A) Your question about the Collagen Casings needed some time to consider
the relevant issues and therefore there was such an inordinate delay in
answering your question for which I am regretful.
There are two issues about these casings; the first issue is whether it can be
held as pure (Ta’hir). After studying the process you have mentioned in your
question it is quite clear that the hides used for production of these casings
become pure after passing through this process which includes lime treatment
for 4 - 5 days. The principle of Shari'ah is that hide of animal, even not
slaughtered in Islamic way, is purified by the process Dabaghah (tanning).
Allama Kasani writes:
‫وألن نجاسة الميتات لما فيها من الرطوبات والدماء السائلة وإنها تزول بالدباغ فتطهر كالثوب‬
)1‫ ج‬85‫ (بدائع الصنائع ص‬.‫النجس إذا غسل بالماء‬
This principle is agreed upon by all the juristic schools of the Muslims.
Therefore, if these casings are used merely to preserve the contents of Halal
beef in a particular shape but the consumer eats it after removing the casing, it
is Halal without any doubt.
The second issue whether it is Halal to eat the casing itself. The answer to
this question is that according to the majority view of the Muslim jurists it is
not permissible to eat the hide of an unslaughtered animal even after tanning.
However, a large number of Sha’fie jurists as well as a small number of Hanafi
jurists have allowed eating it after tanning. But this minority view would not
find favor with the Fuqaha of latter days who are of the firm opinion that it is not
permissible for oral use and therefore the minority view should not be followed.
One may argue that the process mentioned in your question transforms the
hide into something else and therefore it should be declared a new product
having no prohibited element. But this argument does not seem to be correct
because the Collagen is a form or protein which is the major ingredients of a
hide. So far as this major ingredients remains unchanged merely the change
of shape or the process of purification does not seem to transform the nature
of the hide.
The net result in brief is that the casing made of an unslaughtered animal’s hide
after the process mentioned in the question becomes pure and does not affect
the beef content in it. If a Muslim uses the food content in such a casing after
scrapping the casing it is permissible for him to eat but it is not permissible
to eat the beef with its casing. Since it is difficult for a producer to control
Chapter 22
the consumers in this respect it seems necessary that he must acquire casings
produced by the hides of slaughtered animals. This is my personal opinion. It
will be advisable to consider other ulama also.
22.1.5 Using Gelatine

Q) I am from Saginaw Valley Michigan. Being a Muslim I want to know if I
can use a medicine containing gelatine.
We have come to know the Gelatin derived from animal protein substance and
plants are widely used in food products, home cookery, capsules.
A) Gelatine made of a pig is not allowed to be used except in a case of
extreme necessity where no other medicine is available for particular disease
except the one containing Gelatine. However, any medicine containing
Gelatine made of the hides or bones of the cows is permissible to be used
even without the above condition. If Gelatine is of agricultural origin its use is
permissible in all cases.
22.1.6 Gelatine and the process of tanning

Q) Recently a Fatwa issued by yourself to Maulana E Desai of Jamiatul
Ulama Kwa Zulu Natal was forwarded to our office wherein you had stated
that the gelatine issue should be reviewed from the perspective of dabagah
(tanning). Whilst dabagah is surely established in the chemical processing,
and taharaah thereby obtained, can we on the basis of this taharaah determine
Hillat. More so, when these gelatine companies source hide off-cuts from
tanneries abattoirs wherein pork skins can also be mixed.
Furthermore, your Fatwa had stated that if bones are used in their manufacturing
process, then irrespective of the Halaal status of the animal, gelatine derived
there from would be acceptable. Kindly confirm and clarify whether this
ruling, if applicable, would include pork bones and bones of animals which
are not consumed by Muslims.
A) You have asked me about my Fatwa regarding gelatine addressed to
Mufti Ebrahim Desai. The substance of the Fatwa is that the gelatine acquired
from the bones can be held as pure (Taahir) and the gelatine acquired from the
hides of un-slaughtered animals can also be held as pure because chemical
process fulfils the requirement of tanning (dabaghah) but there are two points
Chapter 22
to be kept in mind. This ruling applies only to the animals other than pig.
The case of pig is totally different because it is held to be impure by the Holy
Qur'an and no process can purify it. Secondly, my ruling was to the extent of
purity of the gelatine. So far as its oral use is concerned there is difference of
opinion among the Muslim jurists. Some Fuqaha are of the view that hides of
a Halal animal can be used orally after being tanned but the majority of the
jurists are of the view that it is not allowed for oral use. The latter view has
been preferred by most of the Hanafi jurists. However, some of the Hanafi
jurists and a large number of Shafi'i jurists have preferred the permissibility of
oral use of the hides of Halal animals after dabaghah. Consequently, the use
of gelatine taken from Halal animals, like cow, should be avoided as for as
possible acting on the opinion of the majority of the jurists.
However, since Imam Shafi'i in his latter view has opined it to be Halal and a
large number of the Shafi'i jurists as well as some Hanafi jurists take it as such,
the view of these Fuqaha can be acted upon in cases of genuine need.
22.1.7 Glycerine, Gelatine and Kosher meat

Q) I wanted to ask few questions:
1) When glycerine and gelatine are made does it go through "tabdeel
mahiyat". If not, is it permissible to consume such ingredients in injections
and other forms of liquid medications for treatment purposes.
2) The hair and the bones of an animal are pure, so is it permissible to
eat it also.
3) In regards to kosher meat, recent studies show that Jews don’t
regularly recite the name of Allah ‫ ﷻ‬on all the animals. According to
you, is it Halal or Haram to consume kosher meat and its products.
A) 1) In glycerin mahiyat is changed, but after seeing the process of
manufacturing gelatin it appears to me that mahiyat is not changed.
However, if they made the cow hides, the process may be held as dabaghah
for the purpose of purification.
2) According to Mufta Bihi view of Ahnaf, it is not permissible, but
according to a minority view, it is permissible.
3) No meat is Halal without reciting Allah’s name, even though it is
slaughtered by a Jew.
Chapter 22
22.1.8 Eating at a Jewish house

Q) I have heard from some scholars that a person, especially when he is
travelling, can eat over a Jewish house and sleep over a Christian place, if
need be, and not do the visa. What is the philosophy behind it.
A) Eating at the house of Jews or Christians and sleeping in their homes is
allowed on a condition that the meal served by them is not Haram. There is no
difference between Jews and Christians in this respect. The only difference is
that the Jews normally conform to the requirements of permissible slaughter
while Christians do not. Therefore, the slaughter by Jews is permissible while
the slaughter by Christians is not permissible unless it is known that the
Christian has conformed to the requirements of slaughter as prescribed by the
Shari'ah.
22.1.9 Kosher Meal

Q) I want to ask about Kosher meal. Is Kosher meal allowed to eat or not. Can
I order a Kosher meal from the flight service.
A) The animals slaughtered by the Jews in principle are allowed for Muslims
if they observe Halal slaughtering. They have been observing these conditions
for centuries but at present I have come to know that some of their liberal
Rabbis have abandoned some of these conditions. As the matter has now
become doubtful it is recommended that instead of having Kosher meal, to be
safe side one should order an Asian vegetarian meal during the flight.
22.1.10 Kosher and Halal

Q) Kosher and Halal, what is the difference. Can we use Kosher meat in our
products and also call it Halal products.
A) If Kosher fulfils the requirements of Halal, then it is Halal for Muslims
and can be called Halal in this sense. One way to ascertain this is to check
whether the kosher meat is certified as kosher by an organization regarded as
reputable by Orthodox Jews; in which case the Shari’ah-presumption will be
that it is Halal for Muslims as well. (See fatwa 51/ 870 in the Fatawa of Darul
Ifta, Jamia Darul Uloom Karachi)
It should be remembered that some liberal Jews have abandoned the original
Chapter 22
conditions for a permissible slaughter. Therefore, the meat certified by non-

orthodox Jews should be avoided.
22.2 Personal use items
22.2.1 Fur garments and their use

Q) What is the position, in the Shari'ah, of using garments made of Fur
derived from the hides of wild animals like fox, racoons etc. Are the Muslim
ladies allowed to wear such garments.
A) The use of fur products like garments, caps and shoes etc. are allowed in
Shari'ah for men and women both. The basic principle is that the skin of every
animal becomes tahir (pure) after it is tanned, except the skin of the pig. Thus,
the skin of every animal other than the pig can be used for any lawful purpose.
Hence, there is no prohibition in Shari'ah for wearing fur coats or other fur
garments.
22.2.2 Pig Skin Lining in Leather Shoes

Q) With reference to telephonic conversation with you, I requested you to
inform whether it is Haram (forbidden) to wear leather shoes which contain Pig
skin Lining. I enclose herewith copy of opinion stated to have been obtained
from Dr. Abdul Fattah in this regard.
In your letter you state that you are a "Muslim of devout faith and follows the
basic tenets of Islam and the guidelines prescribed by the Holy Qur'an and
Sunnah". You also say that buying the shoes that did not indicate the presence
of pig skin linings has "shocked and astonished me. That being a practicing
Muslim, all products emanating from pig skin or any of its body parts, are
Haram or forbidden for use by all Muslims. Your act of selling your shoes
which contain such forbidden components, and that too in a Muslim country,
has caused great shock and mental agony to me and Muslim all around. The
same is an effort to subvert and hurt the religious feelings of the Muslims by
concealing vital information and Haram vending and religiously forbidden
products in a Muslim country."
We are obviously concerned at your reaction to finding the presence of pig
skin in any of your products; however, we have been at pains to obtain a ruling
from an authoritative source as the implications of Muslims wearing pig skin.
Chapter 22
We are now in possession of an opinion from Doctor ‘Abdul-Fattah ‘Ashoor

Professor of Qur'anic Exegesis at Al-Azhar University who states:-
"Referring to some of the categories of prohibited things Allah All-Mighty
says: "Forbidden unto you (for food) are carrion and blood and swine flesh
and that which hath been dedicated unto any other than Allah..." (alMa’idah:3)
Contemplating over the meaning of the above verse as well as other verses
revealed in the same context, we notice that what, is prohibited is eating. So
it is clear that eating of the above mentioned is prohibited, and it is only made
lawful in case of dire necessity. Focusing on the question in point, we can say
that wearing gloves or clothes (shoes) made of pig skin is not prohibited as it
is clear that the forbidden thing is to eat pork.
A) It is not permissible to wear leather shoes which contain pig skin lining as
all the parts of the pig flesh, bone, skin, fat, nail, hair, etc. are forbidden whilst
utilizing them for any personal use or any commercial gain is prohibited
through the clear text of the Qur'an and by the consensus of the majority of
the jurists of the Ummah. (Please see references below and for a detailed
discussion on this you can refer to any authentic commentary of the Qur'an
such as Ma’ariful-Qur'an, Tafsir-e-Usmani)
)124 /1( ‫أحكام القرآن للجصاص‬

‫قال اهلل تعاىل [إنما حرم عليكم الميتة والدم ولحم الخزنير] وقال تعاىل [حرمت عليكم الميتة‬
‫والدم ولحم الخزنير] وقال تعاىل [قل ال أجد يف ما أوحي إيل محرما عىل طاعم يطعمه إال أن يكون‬
‫ميتة أو دما مسفوحا أو لحم خزنير] فنص يف هذه اآليات عىل تحريم لحم الخزنير واألمة عقلت‬
‫من تأويله ومعناه مثل ما عقلت من تزنيله واللحم وإن كان مخصوصا بالذكر فإن المراد جميع‬
‫أجزائه وإنما خص اللحم بالذكر ألنه أعظم منفعته وما يبتىغ منه كما نص عىل تحريم قتل الصيد‬
‫عىل المحرم والمراد حظر جميع أفعاله يف الصيد وخص القتل بالذكر ألنه أعظم ما يقصد به‬
.‫الصيد‬
)299 /3( ‫التفسري المظهري‬
‫س اى قذر ومن هذه االية ثبت كون الخزنير نجسا عينه‬ٌ ‫اى الخزنير لقربه ِر ْج‬
‫ومن ثم ال يجوز بيع ىشء من اجزائه وال االنتفاع به‬
)16 /3( ‫تفسري ابن كثري ت سالمة‬
‫ وال‬،‫ واللحم يعم جميع أجزائه حىت الشحم‬،‫ إنسيه ووحشيه‬:‫ {ولحم الخزنير} يعين‬:‫وقوله‬
‫ {فإنه رجس‬:‫يحتاج إىل تحذلق الظاهرية يف جمودهم هاهنا وتعسفهم يف االحتجاج بقوله‬
}‫ {إال أن يكون ميتة أو دما مسفوحا أو لحم خزنير فإنه رجس‬:‫أو فسقا} يعنون قوله تعاىل‬
Chapter 22
‫ وهذا بعيد من‬،‫ حىت يعم جميع أجزائه‬،‫] أعادوا الضمري فيما فهموه عىل الخزنير‬145 :‫[األنعام‬
‫ واألظهر أن اللحم يعم جميع‬،‫ فإنه ال يعود الضمري إال إىل المضاف دون المضاف إليه‬،‫حيث اللغة‬
‫ عن بريدة بن‬،‫ ويف صحيح مسلم‬،‫ ومن العرف المطرد‬،‫األجزاء كما هو المفهوم من لغة العرب‬
‫ "من لعب بالنردشري‬:‫ قال رسول اهلل صىل اهلل عليه وسلم‬:‫ قال‬،‫ رضي اهلل عنه‬،‫الخصيب األسلمي‬
‫فكأنما صبغ يده يف لحم الخزنير ودمه" فإذا كان هذا التنفري لمجرد اللمس فكيف يكون التهديد‬
‫ وفيه داللة عىل شمول اللحم لجميع األجزاء من الشحم‬،‫والوعيد األكيد عىل أكله والتغذي به‬
.‫وغريه‬
‫ "إن اهلل حرم بيع الخمر والميتة والخزنير‬:‫ أن رسول اهلل صىل اهلل عليه وسلم قال‬:‫ويف الصحيحني‬
،‫ وتدهن بها الجلود‬،‫ فإنها تطىل بها السفن‬،‫ أرأيت شحوم الميتة‬،‫ يا رسول اهلل‬:‫ فقيل‬."‫واألصنام‬
."‫ "ال هو حرام‬:‫ويستصبح بها الناس؟ فقال‬
22.2.3 Use of Perfume having Alcohol

Q) Is spraying of perfume forbidden in Shariàh. Please guide us.
A) Wearing perfume is not forbidden in Islam rather it is a Sunnah for men to
wear perfume if the perfume does not contain any impure ingredient. Although,
the modern perfumes normally contain alcohol, but it is synthetic alcohol
which despite being Haram for oral use is not Najis (impure). Therefore,
perfume spraying is also permissible.
Q) Can we use the perfumes which are present in market, they contain
alcohol. Is there any particular category of alcoholic perfumes to use or not.
A) The principle is that any alcohol derived from dates or grapes is impure,
but the alcohol derived from anything other than dates and grapes is prohibited
for oral use, but is not impure. Since the alcohol used in perfumes is synthetic,
it is not impure. It is, therefore, permissible to wear such a perfume and to
offer prayer with clothes having such a perfume, unless it is known for sure
that the alcohol used in it is made of date or grapes.
Q) Our question is regarding the use of perfumes or deodorants containing
alcohol.
A) The alcohol used in perfumes or deodorants is normally a synthetic
alcohol which is not impure (Najis) according to the prevailing view of Imam
Abu Hanifa and his followers. Therefore, the external use of this type of
alcohol is Halal. However, its oral intake is still impermissible except in the
cases of necessary medication.
Chapter 22
22.2.4 Contact Lenses

Q) I would like to ask a Fatwa regarding coloring the eyes. Here in England
young girls wear contact lenses of different colors i.e. Green, Blue etc which
shows that they have got Green, Blue etc eyes. Is it permissible to wear colored
contact lenses or does it come under the term of (Changing the creation of
Allah).
A) It is permissible to wear colored contact lenses if the purpose of wearing
ِ ‫تَ ْغيي ُرخ‬
them is not to deceive others. This does not fall under the term ‫َلق هللا‬
(changing Allah’s creation) as this expression connotes a permanent change.
However, if colored contact lenses are worn with the intention of deceiving
others then he/she will be sinful for such deception.
Chapter 23
Medicine & Medical Issues 689
CHAPTER
23 Medicine & Medical

Issues
23.1 Use of Ethanol (Alcohol) in medicines and use of Vaccines 689

23.2 Use of Alcohol based medicines 690
23.3 Providing artificial life support system 690
23.4 Use of pig organ installed in human body and transplant of
kidney between human beings 691
23.5 Claim for damages due to negligence of doctor 692
23.6 Can male doctors examine female patients 693
23.7 Killing of animal for medical or agricultural testing 694
23.8 Cloning 695
23.1 Use of Ethanol (Alcohol) in medicines and use of

Vaccines
Q) According to Hanafi Madhhab, Doctors have recently found out that

injecting 95% Ethanol (Alcohol) into the liver cures or provides great relief
in liver cancer. In fact it is becoming the treatment of choice. Alcohol that is
drunk is only 5% concentrated. High concentration of alcohol such as 95%
cannot be drunk. What would be the Islamic standing on such a matter.
What are the doctors, if face with such a choice supposed to do. What is the
Islamic standing on vaccines and other immunizations.
A) The answer to your first question depends on certain clarifications: firstly,
about the nature of the Ethanol used for injection – does it have intoxicating
effect; secondly, what do you mean by treatment of choice; thirdly, is it the
Chapter 23
690 Medicine & Medical Issues
only way to give relief to the patients or are there some other ways also. Please
answer these questions then I will be able to give you definite reply.
Vaccine is subject to the same rules as prescribed for an oral medicine. If the
vaccine is made of Halal and pure stuff it may be used for medical purposes
without any condition but if it is made of an impure or Haram stuff it may
be permissible only in case where no other alternative is available for the
treatment of a patient.
23.2 Use of Alcohol based medicines
Q) Alcohol based medicines. Is it permissible to eat or drink them when a

person is sick.
A) If the alcohol used in a medicine is made from dates, grapes or raisins
then this type of alcohol is impure and Haram. The ruling with regards to
using these medicines is that under circumstances of extreme necessity one
would be allowed to use them for treatment to the extent of necessity. Extreme
necessity means where it is the dominant opinion of an expert experienced
Muslim doctor that a particular patient will only be cured with this particular
medicine and there is no other Halaal substitute for him. In such a situation one
would be allowed to use only that amount of this medicine that is necessary.
On the other hand, if the alcohol used in a medicine is not made from the
above three produces, then based on the view of Imam Abu Hanifah and Imam
Abu Yusuf $, such a medicine may be used for treatment. However, if there
is a substitute drug that does not contain alcohol then it is best that medicines
containing this type of alcohol should also be abstained from.
23.3 Providing artificial life support system
Q) I have a son who turned 6-year-old yesterday. He was born with severe
Cerebral Palsy. He never walked, smiled, showed any response ever. He is bed
bound. When he was 3 years old, he lost his swallowing and started aspirating
food in his lungs so we decided him to have Gastrostomy Tube (Feeding tube
in his Stomach) so he can be fed. He was doing okay so far but since he cannot
clear his lungs secretions, he gets pneumonia very easily. He is currently
Hospitalized and being treated with Intravenous Antibiotics for very resistant
bacteria in his lungs.
Chapter 23
Prior to this his, he got sick 3 weeks ago and required Intubation with
Mechanical Ventilation (Breathing Machine).
His lungs doctors are asking me about Tracheostomy (Hole in Neck) to make
his breathing better to prevent Intubation (Putting tube in his throat) every
time he needs to be connected with Ventilator.
He has no meaningful life as is it. His doctors call this Vegetative state where
no potential improvement is expected in terms of his brain functions.
On one hand, I don’t wanna lose him but also doesn’t want him to go through
all this just to keep him Alive (I wouldn’t choose this personally for myself
either as i don’t consider it Life).
Can I refuse treatment. Even if it means he would die. Can I choose what
treatment to accept and what not. I don’t want to live thinking I killed him yet
don’t want him to go through all this for no reason.
A) This type of artificial treatment is not necessary in Shari'ah. You may
refuse his such treatment and have confidence in Allah’s decision.
23.4 Use of pig organ installed in human body and

transplant of kidney between human beings
Q) Is it allowed to use an organ of pig to be installed in the human body. Can

we equate it to the analogy of the permissibility of eating pork in the case of
extreme hunger.
Is transplant of a human kidney to another human permissible.
A) Although my first impression was that using an organ of pig permanently
installed in human body is not permissible and I had conveyed this
understanding of mine to you, yet I deemed it fit to carry out further study
in the matter for which I consulted the relevant books. This recent study has
fortified my earlier understanding on this issue. I feel that we cannot allow
permanent installation of kidney of a pig in a Muslim human body on the
analogy of the permissibility of eating pork in the case of extreme hunger.
There are two points of difference between the two situations: firstly, in the
case of extreme hunger it is almost certain that eating a minimum quantity of
pork will save life, while it is not certain that the life will be saved through an
organ transplant; secondly, eating the minimum quantity of pork in the case of
Chapter 23
necessity is a temporary use of the flesh of swine, while in the case of transplant
the impure organ is permanently made part of the body and is constantly used
by the patient throughout his life. Keeping these two differences in view I do
not think it will be permissible for a Muslim to graft a pig organ in his body.
As for the transplant of a human kidney, you are aware that my father and a large
number of Ulema in Pakistan have not allowed it in any condition, but after
the demise of my father I have come across a number of arguments in favor of
the permissibility of such a transplant in the extreme case of necessity where
no other treatment is available. In the light of these arguments my inclination
is in favor of the permissibility and I conjecture that if these arguments were
presented before my father it was likely that he would have changed his
view, but since I am not sure about it I have not yet issued an absolute Fatwa
permitting the transplant of human organ. On the other hand, the majority of
the existing Arab Ulema including some very pious and cautious ones have
allowed this transplant in the case of necessity. The Islamic Fiqh Academy of
Jeddah as well as Islamic Fiqh Academy of Rabita have also issued Fatwas to
allow such transplant.
In view of the foregoing whenever I am asked about transplant I refer the
question to other Ulema or expressly mention the difference of opinion about
this with the hope that if someone acts according to the Fatwa of these Ulema
who hold it as Halal he may be forgiven by Allah Ta'ala.
In the light of the above I feel that the use of human kidney under the given
situation is better than the use of the kidney of a pig.
23.5 Claim for damages due to negligence of doctor
Q) A specialist gynaecologist was grossly negligent (alternatively negligent)

at the time of the birth of the child, with the result that the child suffered
from what is described as "H1 cerebral injury at birth". This means that the
child is brain-damaged, resulting in serious mental and physical abnormality.
The monthly cost of medical treatment including therapy, and other costs, is
substantial. The question arises whether it is permissible in Islamic Law for
the father to claim, on behalf of his child, the actual financial loss incurred,
and to be incurred for a reasonable period in the treatment of the child, from
the specialist medical practitioner concerned. The claim is founded both in
breach of contract, and in tort. In South Africa, medical practitioners contribute
Chapter 23
to a Fund, which pays the claim, if negligence on the part of the medical
practitioner concerned were to be proved. Please let me have our opinion as a
matter of extreme urgency on this issue, as the party involved is contemplating
legal proceedings, provided there is no objection in Shari’ah to do so.
A) You have asked me about the loss caused by the gross negligence of a
gynaecologist. The answer is that if the gross negligence is proved against her,
she may be held liable for the costs of the treatment of the child and the father
of the child can sue her for claiming the damages.
23.6 Can male doctors examine female patients
Q) Although there are female doctors but they cannot be seen in every
specialty with as much experience in hand as the male doctors normally have.
Sometimes we mostly receive female patients at Hospital and in our Clinic. In
that case what is the order for a doctor examining a female patient when female
doctors are there but the preference is given to the male doctors because of
their experience.
A) It is permissible for a male doctor to examine the female patients in this
situation. However, the examination should be restricted only to the extent of
need and only those parts of the body should be exposed that are necessary for
the purpose of diagnosis and treatment.
Q) I am a Muslim doctor in USA. Since Allah Ta'ala gave me hidayah, I have
slowly endeavored to become a more practicing Muslim and try to remove any
Haram in my life. One big concern of mine at the moment is that as a doctor
in USA, it is very difficult to avoid female patients. Many times I find myself
alone in consultation with a female patient, and then there’s the examination.
Is this allowed in Islam. Will I be committing a sin. Please advise me on this
matter.
A) Shari'ah has allowed a male medical practitioner to treat female patients.
In the course of treatment the necessary examination is also allowed. However,
you should try to persuade the female patients to consult a female doctor but
if no female doctor is available or is not relied upon by the patient, it is lawful
to treat them by taking all precautionary measures to save yourself from being
in total privacy with them as far as possible and from exceeding the steps
necessary for treatment.
Chapter 23
23.7 Killing of animal for medical or agricultural testing
Q) What do the jurists say about the following questions:

I am an organic chemist involved in research (private companies). Human or Plant
diseases are studied or given to us. My specialized area is anti-bacterial, anti-
fungal, anti-viral drugs. My job involves designing and synthesizing the drugs.
Once the drug has been confined and checked, it is then sent for clinical testing.
- The drug is tested on animals like monkeys, frogs, rabbits, mice, rats, etc.
either the animals are killed and the drug is applied, or the disease is injected
into the animals. At this stage the animals go through extreme sufferings.
- The other kind is for Agro-Chemical testing whereby the drug is either
tested for diseases like Fungal, Bacteria, Viral or for diseases which kill plants.
Our job is to design 3 drugs which kill all the diseased organisms without
affecting the plants. The drug is tested on insects like Aphids, Rootworms,
Flies, Beetles or Cockroaches. The purpose of the drug is to increase the crop
yield.
If in both kinds of testing (Medical or agro-chemical) the result is low-active,
then the process starts all over again. My questions are:
1) Is killing of animals for medical or agro-chemical purpose
permissible.
2) Which area of research is permissible Medical, Agro-chemical or
neither.
3) Are earnings Halal when sold for clinical purposes.
4) If clinical testing is not permissible then am I accountable for what
happens after the drug is sold for clinical testing.
A) Clinical testing which are carried out on animals for medical or agro-
chemical purposes is permissible under the condition that animals are not put
through unnecessary killings or sufferings. Also maximum effort should be
made to minimize the suffering and pain of the animals.
Clinical testing, being permissible, the designing of drugs for these testing
shall also be permissible and the earnings will be Halal when the drugs are sold
or sent for clinical purposes as long as no other cause of non-permissibility is
involved.
Chapter 23
23.8 Cloning
Q) From the past few months, an issue of Cloning arose and it becomes
a matter of life and death for our daily life as either it is ethically right or
wrong. I am sending a short note which is taken from different magazines and
newspapers. Please, tell me what Islamic Shari’ah says. If possible, explain
through Qur'anic and Hadith verses.
A) This issue has been thoroughly discussed in the Islamic Fiqh Academy
at Jeddah and it was unanimously decided that the human cloning through
physical cells is not acceptable to the Shari’ah parameters. However, this
process can be availed of in agriculture and animals.

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PROSPER IN

BOTH THE WORLDS

Business, Employment & Earnings

Other - Muamalaat (Dealings)

Food & Medicine

23 Medicine & Medical Issues 689

Muhammad Taqi Usmani

1.3.10 On Jihad and Shahadah 46

1.7 Other topics 82

1.1 Understanding Islam

1.1.1 How to correctly understand the religion

source of knowledge is linked with the traditional chain of scholars. Once a

1.1.2 Fundamental requirements for entering Jannah

the requirements for entering Paradise while answering different questions

1.1.3 The Islamic Concept of One Ummah of all Muslims

Muslims should be governed by a single state where sovereignty belongs

wrong. In recent days, a new term is invented as "The Family of Ibrahim"

1.1.4 A Moderate Ummah

O those who believe, enter Islam completely (2:208)

The most moderate of all people

The Universal Man

The Universal Community

defined in the famous Arabic poem "Qasidah al-Burdah", is that, short of

‫بعد از خدا بزرگ توئ قصه مختصر‬

When we turn from the doctrinal aspect to a consideration of the actual

1.1.5 Islamic vision on Interfaith cooperation for peace5

However, according to the Holy Qur’an, peace should be based on justice,

No bearer of burden shall bear the burden of the other. (53:38)

Therefore, if a religious group commits violence against Muslims in

The Holy Prophet ‫ ﷺ‬himself entered into a treaty of mutual cooperation

Qur’an has declared that there is no compulsion in religion. Nor does it

If we really wish to establish peace and bring harmony, we will have to be

1.2 The Holy Prophet ‫ﷺ‬

1.2.1 Salat and Salam on the Holy Prophet ‫ﷺ‬

1.2.2 Sending Durood on particular occasions

1.2.3 Hadith - Allah fulfilling desires of the Holy Prophet ‫ﷺ‬

world, the maulid seems to be an accepted practice among Sunni Muslims.

1.2.5 Saying "Ya Rasulallah ‫"ﷺ‬

A) It is absolutely a wrong practice. No such abbreviation should be allowed

1.3 Various concepts in the religion

1. 3.1 Ilmul Ghaib - knowledge of the Unseen

has been given to him in abundance. Perhaps, no other prophet has

1.3.2 The Journey of the Soul/Rooh/Spirit

1.3.3 How to keep focus on niyyah (intention) to please Allah

1.3.4 How to practice Yatafakkaroon (reflection) as ordained

1.3.5 Taqdeer, Fate & Destiny

1.3.6 Permissible to request a living Saint for dua

is no particular authority in this world who declares him as a mujaddid.

1.3.8 Sufism - Tassawuf and allegiance

allegiance. The pledge of allegiance is of four types, which include pledge on

1.3.9 The meaning of shaheed

According to Islamic jurisprudence ‘Shaheed’ is of two kinds:

1.3.10 On Jihad and Shahadah

1.3.11 Entry of non-Muslims in Makkah and Madinah

Expel the mushriks from the Arabian Peninsula (Bukhari)

1.3.12 Places of worship for non-Muslims

Caliph Umar b. Abdulaziz ‫ ﭬ‬has issued a directive to his governors not

1.3.13 Existence before we came into being

However, it should be remembered that although an adopted child cannot

1.3.15 Adoption of a child and ways to overcome Mehram issue

children from different family backgrounds with regards to the Mahram

1.3.16 Difference between Fardh and Wajib

1.3.17 The traditional Madrasas

3) What syllabi are being used. Is there a standard syllabus or a standard

Contemporary Fatawa-700 Q&A

Contemporary Fatawa-700 Q&A

1.3.10 On Jihad and Shahadah 46

1.7 Other topics 82

3.4.10 Joining Jama’ah when late 126

3.7.7 Qasr prayers whilst visiting home country 148

3.13 Mosques, its operations & administration 166