Saturday, 19 September 2020

Islamic Financing by way of Buying Shares

A translation of this fatwa from Naseem al-Sham

 

Question:

Assalām ʿalaykum,

I would like to finance some real estate in my home country of Jordan. I work in the Gulf and a representative of the Islamic Bank informed me that the bank does not buy real estate outside of its own country. He therefore suggested that he buy some shares on my behalf in some company and then sell them to me. Then I can sell them, get the necessary finance, go back to my country, and buy the real estate myself from the owner. Can you please give me the ruling for such a transaction? May Allah reward you with the best of rewards.

Answer (Imam Muḥammad Tawfīq Ramaḍān):

Wa ʿalaykum Assalām wa Raḥmatullāhi wa Barakātuh,

This transaction is called al-murābaḥah lil-āmir bi shirāʾ.[1] If the company whose shares he is buying is a company that adheres to the rulings of the Revealed Law, does not deal in usury and does not partake in unlawful transactions, then it is legitimate. The shares then represent portions of legitimate property, and thus it is valid to buy them and sell them, and Allah knows best.

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[1] (tn): i.e. an individual known as the āmir (i.e. the one commanding) asks someone else, the maʾmūr (i.e. the one commanded), to buy some merchandise for him with the promise that if he buys that merchandise, he will then buy it from him and allow him to make a specified profit from it.

Monday, 31 August 2020

What Is True Knowledge?

 By Imam Muhammad Saeed Ramadan al-Bouti, may Allah have mercy on him


The book is available from the following online retailers:

Wondrous Islam (Canada)

Nawa Books (Singapore)

Madani Propagation (United Kingdom)

More details can be found here, and with Allah alone is every success.

Friday, 31 July 2020

Introduction to the book The Approach to Human Civilization In The Qur'an




Al-Hajj Abu Ja'far al-Hanbali joins me to talk about Imam al-Bouti, his life, his rank, and his works. Alhamdulilah, the book is now available in North America.

More details can be found here.

And with Allah alone is every success.

Saturday, 20 June 2020

Communists Are Not Believers

Another ruling on communism

The Fatwa of the Previous Muftī
The Distinguished Sheikh, Muḥammad Bakhīt[1]
الإمام العلامة محمد بخيت المطيعي

The oldest fatwā regarding communism in its current form was written by the distinguished former Muftī, Sheikh Muḥammad Bakhīt. Sheikh Bakhīt – may Allah have mercy on him – is a well-known figure, for his knowledge, his writings, and his taqwā. His books are a light that guide those who are moving through mazes. Regardless of what people might say about his fatwā in terms of its form or its substance, it affirms ‘that communists renounce religions and they renounce the morals that religions have inspired. They renounce Islam’s financial system and they unlawfully seize people’s money and property. This is why they have left Islam from its very root. They are heretics and they are disbelievers…’ This part of the fatwā has become self-evident and it has become a matter of certainty, such that no educated person has any doubt about it.

On this occasion, we can mention the words of al-Ustādh Jalāl Kishk, and they are established fact:

‘Marxism is an anti-religious call.’

‘The Marxist who claims that he is not against religion is a liar.’

‘The communist who praises religion is a hypocrite.’

‘Marxism is a materialist theory, and materialism renounces religions.’

‘Materialism believes that matter came before thinking, and therefore religion is an idea that was made by matter.’

The fatwā of Sheikh Muḥammad Bakhīt, may Allah the Exalted have mercy on him, is long and exhaustive, joining between modern communism and ancient Mazdakism, which declared women and property lawful. He mentioned some of the history of Mazdakism, which he saw as the foundation of communism, and then said,

‘Islam came and put an end to that corrupt way. He sent His Book down to His Messenger, may Allah bless him and grant him peace, and therein He commanded all people to every good and forbade them from every evil. He commanded them to have correct theological doctrines about Him the Exalted, that He be described with every perfection that befits His Divinity and that He is transcendent above every deficiency, which His attribute of Lordship is exalted above. The same goes for doctrines about the noble Messengers, peace and blessings be upon them. He has commanded us to hold that they are protected from committing disobedience, and removed from any deficiency that would detract from their position of Messengership. He has legislated contracts that transfer ownership, such as selling, giving gifts, bequests and so forth.

He has clarified inheritance, and the portion that every heir is to inherit from his testator. He has made clear in His Mighty Book that He the Glorified is the One who is in charge of distributing livelihood amongst His creation. The Exalted One has said:

“Do they not see that Allah expands provision for whomever He wills and also restricts it? There are certainly signs in that for people who believe.” [ar-Rūm 30:37]

“Say: ‘My Lord expands the provision of any of His slaves He wills or restricts it.’” [Sabaʾ 34:39]

Hurrah ar-Riqāshī has related from his uncle, who said,

‘I was holding the halter of the Messenger of Allah’s she-camel, may Allah bless him and grant him peace, in the middle of the days of Tashrīq, keeping people away from it. He said, {O people! Do you know what month you are in, what day you are in, and what land you are in?}

They replied, ‘We are in a sacred day, a sacred month, and a sacred land.’

He said, {Your blood, your wealth, and your honour are sacred just as this day of yours is sacred, in this month of yours, in this lands of yours, until you meet Him.}

Then he said, {Listen to me carefully, as this is how you should live:

Do not be oppressive. Do not be oppressive. Do not be oppressive. Another Muslim’s property is not lawful without his consent.

All feuds over blood and wealth that started in the days of Jāhiliyyah are under these feet of mine until the Day of Standing. The first blood put down is that of Rabīʿah ibn al-Ḥārith ibn ʿAbdul Muṭṭalib, who was nursed by the Banū Saʿd and Hudhayl killed him. Indeed, every usury from Jāhiliyyah has been put down. Indeed, Allah has decreed that the first usury be put down, the usury of al-ʿAbbās ibn ʿAbdul Muṭṭalib. You have your capital. You do not oppress and you are not oppressed.

Indeed, time has come back full circle, to the way it was the day Allah created the skies and earth.} Then he recited,

“There have been twelve months with Allah in the Book of Allah, from the day He first created the skies and the earth. Four of them are sacred. That is the True Religion. So do not wrong one another during them.” [at-Tawbah 9:36]

{Do not revert to being ungrateful[2] after me, striking each other’s necks. Indeed, Shayṭān has despaired of being worshipped by those who pray, but he wants to sow discord amongst you.

Fear Allah with regards to women; your wives are advisors and helpers and do not have any dominion over themselves. They have a right over you and you have a right over them…that they let no man into the marital chamber besides you and that they let no one into your home whom you dislike. If you fear their disobedience, admonish them, and then refuse to sleep with them, and then use physical force without injuring them. They are entitled to be given food and clothing adequately and courteously…You have only taken them as a trust from Allah, and they have been made permissible for you by Allah’s word…and the one who bears a trust must discharge it on behalf of the One who entrusted him with it.}

He then extended his hands and said, {Have I conveyed the message? Have I conveyed the message?} Then he said,

{Let those who are present convey it those who are not here, for maybe the one who is conveyed to is happier than the one who hears.}

Ḥumayd said, ‘Al-Ḥasan said when he reached that word, “By Allah, they conveyed it to many people and they were happier with it.”’

Then the Muftī spoke about communism and finished by saying,

‘From all of the above, it is known that the Bolshevik way is a way that destroys revealed legislations, and especially the Revealed Law of Islam, turning everything upside down. It commands to that which Allah, Glorified and Exalted is He, has forbidden in His Mighty Book and on the tongue of His Prophet, may Allah bless him and grant him peace.’

Then, after some words in which he compared communists to beasts because they know of no religion and no morals, he said,

‘Thus, every sincere Muslim is obligated to be wary of them, and not go anywhere near their misguidance, their corrupt beliefs and their stagnant deeds, for they indeed are, without any doubt or uncertainty, disbelievers. They do not believe in any revealed law, they do not believe in any revealed religion, and they do not know of any system.’

[Translated from the book Fatāwā ʿan ash-Shuyūʿiyyah by Imam ʿAbdul Ḥalīm Maḥmūd (Cairo: Dār al-Maʿārif, n.d), p.62-65]




[1] He is Muḥammad ibn Bakhīt ibn Ḥusayn al-Muṭīʿī, born in the village of al-Muṭīʿah, near Asyūṭ, Egypt in the year 1271 AH (1854 AD). After completing his memorisation of the Qurʾān, he moved to Al-Azhar in 1282, and started busying himself with knowledge and becoming proficient in the fiqh of Imam Abū Ḥanīfah. He remained dedicated to studying and teaching for as long as he lived, while also authoring over forty books, mainly in fiqh and theology. He also held several positions within the Egyptian judiciary, until he assumed the highest position therein and was then appointed Muftī of Egypt, a position he held from 1333 to 1339 (1914- 1921). He returned to his Lord on Friday, the 20th of Rajab, 1354 AH (1935). May Allah have mercy on him, his students, and all those who have conveyed his knowledge to us.
[2] Ar. kuffār, i.e. being like disbelievers, please see Imam an-Nawawī’s commentary on this ḥadīth for further details. (Sharḥ an-Nawawi ʿalā Muslim (Amman: Bayt al-Afkār ad-Dawliyyah, 1421/2000) p.138)

Tuesday, 12 May 2020

When Should I Offer My Condolences?

By Imam Yaḥyā an-Nawawī, may Allah have mercy on him


 457_It has been established in the Ṣaḥīḥ that the Messenger of Allah, may Allah bless him and grant him peace, said, {…and Allah is in the assistance of the slave as long as the slave is in the assistance of his brother.}[1] [Muslim: 2699, Abū Dāwūd: 4646, at-Tirmidhī: 1425, as-Sunan al-Kubrā by an-Nasāʾī: 7244, Ibn Mājah: 225, the Musnad of Imam Aḥmad: 2:252.]

Know that offering condolences [at-taʿziyah] is recommended before the burial as well as afterwards. Our companions[2] have said that the time for at-taʿziyah is from when the person dies until three days after they have been buried, and three is understood to be approximate and not exact. This is what has been said by the Sheikh, the Imam, Abū Muḥammad al-Juwaynī, from amongst our companions.

Our companions have also said that at-taʿziyah is disliked after three days, because the objective of at-taʿziyah is to bring tranquillity to the heart of the one who is grieving. Normally, a person’s heart is calm and tranquil after three days, and thus one should not renew that person’s sorrow. This has been stated by vast majority of our companions.

Abū al-ʿAbbās ibn al-Qāṣ, one of our companions, has said, ‘There is nothing wrong with ­at-taʿziyah after three days. Rather, it remains perpetually, no matter how much times has elapsed.’ This has also been related by Imam al-Ḥaramayn from one of our companions. The chosen position is that it is not done after three days with the exception of two situations that our companions, or a group of them, have specified, and they are if either the one offering condolences or the one grieving is absent at the time of burial and they return after three days have elapsed.

Our companions have said that at-taʿziyah after the burial is better than before it, because the deceased’s family are busy with his tajhīz.[3] It is also because their sense of loneliness and separation will be greater after the person has been buried. This is the case if one does not see any intense sadness from them. If one does see such, one should not delay in offering condolences, so as to alleviate their sorrow, and Allah knows best.

[Translated from al-Adhkār min Kalām Sayyid al-Abrār (Jeddah: Dār-Minhāj, 1433/2012), p.259]


[1] (tn): This is part of the 36th ḥadīth of Imam an-Nawawī’s Forty, a translated commentary of which is forthcoming, if Allah so wills
[2] (tn): i.e. the Shāfiʿīs
[3] (tn): i.e. preparing him for burial by washing (taghsīl) him and shrouding (takfīn) him

Saturday, 2 May 2020

The Fruits of Patience, Relief from Distress, Hardship and Ease

An excerpt from the upcoming translation of al-Wāfī fī Sharḥ al-Arbaʿīn an-Nawawiyyah by Imams Muṣṭafā al-Bughā and Muḥyī ad-Dīn Mistū, p.145-147


 1. The Fruits of Patience

You can deduce from the aforementioned that that the fruits of patience include: contentment, tranquillity, feeling happy, realising might, honour and goodness, and being deserving of Allah’s support, Mighty and Majestic is He, as well as His victory and love. On top of all of that, there is the fruit of the Hereafter, which is embodied in that permanent blessing that they obtain in full without any reckoning: “The steadfast will be paid their wages in full without any reckoning.” [Az-Zumar 39:10] They will be in a Garden as wide as the heavens and the earth, adorned with reverent angels greeting them: “Gardens of Eden which they will enter, and all of their parents, wives and children who were righteous. Angels will enter in to welcome them from every gate: ‘Peace be upon you because of your steadfastness! How wonderful is the Ultimate Abode!’” [ar-Raʿd 13:25] The Lord of Might turns to it with forgiveness, victory and pleasure: “Today I have rewarded them for being steadfast. They are the ones who are victorious.” [al-Muʾminūn 23:111] “But give good news to the steadfast, those who, when disaster strikes them, say, ‘We belong to Allah and to Him we will return.’ Those are the people who will have blessings and mercy from their Lord.” [al-Baqarah 2:155-157] One should take note of the victory Allah, Mighty and Majestic is He, grants His believing slaves, the Day when neither wealth nor children will be of any benefit, except to those who come to Allah with sound hearts.[1] For everything mentioned above, patience is the best thing a person can be given. The Messenger of Allah, may Allah bless him and grant him peace, spoke the truth when he said, {No one has been given a greater and vaster gift than patience.} This is agreed upon.

2. Relief from Distress:

Man is constantly dealing with trials and afflictions and is exposed to various kinds of tribulation. Matters become unbearable and oppressive for him, such that he reaches a point in which grief and sorrow take over his soul, and he falls into distress. All of this is a test from Allah the Glorified, and until the believer carves his path towards Paradise with merit. If he succeeds in the test, and is thus patient and anticipates reward in the manner that has been described, does not become exasperated or despair, realises that all of this is according to Allah the Exalted’s decree and predestination and is thus content with it and his soul trusts in Him, Allah the Exalted’s solicitude seizes him, he is relieved of his grief, sorrow is removed from his soul, he is freed from every oppression and he is saved from every agony. That is the clear victory and the immense triumph in this life and the Hereafter. This is when it becomes clear to the believing slave who has taqwā that light bursts forth from within darkness, that abundant rain comes from dark clouds, that the distress he was in was only for some good that was willed for him, that relief will come from within this distress, and that this was for nothing other than that the sincere slave be cut off from everything besides Allah, Mighty and Majestic is He, that he attach his heart to his Creator alone, the heart that is certain that the entire affair is in His hand. Read these meanings in Allah’s words, Mighty and Majestic is He: “Or did you suppose that you would enter Paradise without facing the same as those who came before you? Poverty and illness afflicted them and they were shaken to the point that the Messenger and those who believed with him said, ‘When is Allah’s help coming?’ Be assured that Allah’s help is very near.” [al-Baqarah 2:214]

Allah the Exalted has also said, “It is He who sends down abundant rain, after they have lost all hope, and unfolds His Mercy.” [ash-Shūrā 42:28] Maybe you can see this meaning clearly in the story of Kaʿb ibn Mālik and his two companions, may Allah be pleased with them, when they stayed back from the battle of Tabūk and the Prophet, may Allah bless him and grant him peace, commanded people to disassociate from them. Then they were afflicted with the distress that they were afflicted with, until: “the earth became narrow for them, and their own selves became constricted for them and they realised that there was no refuge from Allah except in Him”. Then there was relief and there was mercy: “He turned to them so that they might turn to Him. Allah is the Ever-Returning, the Most Merciful.” [at-Tawbah 9:118] You can see the same in the stories that the Qurʾān relates to us, stories of His prophets and saints being relieved of their distresses, and how Allah the Exalted honoured His prophet Muḥammad, may Allah bless him and grant him peace, and his Companions, may Allah be pleased with them, in these kinds of situations. This makes us trust in Allah’s mercy, Mighty and Majestic is He, and desire His magnanimity, whenever calamities intensify, adversity surrounds us and distress becomes ingrained.

3. Hardship and Ease:

You will notices that the meanings of the ḥadīth are closely tied together, some of them taking from others. Hardship causes distress, and ease is one of the doors of relief. Everyone needs patience and durability, and behind that, there is triumph and victory. All of that is from Allah the Exalted’s bounty and mercy towards His slaves, for He has established the norm that hardship be followed by ease or connected to it. He the Glorified says, “Allah will appoint after difficulty, ease.” [at-Ṭalāq 65:7] and He has said, “For truly with hardship comes ease; truly with hardship comes ease.” [ash-Sharḥ 94:5-6] This is why He the Glorified has only legislated for His slaves that which contains ease: “Allah desires ease for you; He does not desire difficulty for you.” [al-Baqarah 2:185] and He has and lifted them that which contains adversity, difficulty and hardship: “…and He has not placed any constraint upon you in the religion.” [al-Ḥajj 22:78]

Al-Bazzār has related in his Musnad from the ḥadīth of Anas, may Allah be pleased with him, that the Prophet, may Allah bless him and grant him peace, said, {If hardship were to come and enter this hole, ease would come so that it could enter and remove it.} Allah, Mighty and Majestic is He, then revealed, “For truly with hardship comes ease; truly with hardship comes ease.” His words, may Allah bless him and grant him peace, are emphasising that hardship and difficulty are never prolonged for a person, as long as he is content with what Allah the Glorified has predestined for him, he adheres to what Allah has commanded and forbidden, seeks refuge in Him alone and trusts Him to turn his hardship into ease: “Whoever puts his trust in Allah – He will be enough for him.” [at-Ṭalāq 65:3]

[Translated from p.145-147 (Damascus: Dār Ibn Kathīr, 1428/2007) ]
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[1] (tn): this is a paraphrase of Sūrat ash-Shuʿarāʾ 26:88-89

Wednesday, 22 April 2020

When is Fidyah Obligatory Upon Someone Who Did Not Fast Due To An Excuse And How Much Is It?

A translation of this fatwa from Naseem al-Sham

https://mawdoo3.com/%D9%85%D8%A7_%D9%87%D9%88_%D9%85%D9%82%D8%AF%D8%A7%D8%B1_%D8%A7%D9%84%D8%B5%D8%A7%D8%B9_%D8%A8%D8%A7%D9%84%D9%83%D9%8A%D9%84%D9%88


Question: 

Sheikh Muḥammad Tawfīq, may Allah grant you success. What is the ruling in the Revealed Law regarding a woman who paid 3000 lira as expiation (kaffārah) for not fasting the Ramaḍān before last? Does she still have to fast those days or not?

Answer (Imam Muḥammad Tawfīq Ramaḍān):

If she was not fasting because of an excuse, meaning that she did not fast because she feared for herself, then she has to make up those days and she does not have to pay a fidyah. She only has to make them up as long as a year does not elapse without her making up the fasts and she does not have an excuse. This is because if someone delays making up the fasts for one year and they do not have an excuse, they still have to make up the fasts and they have to pay a fidyah for each day, which is a mudd of food (half a kilogram of rice, for example).

If she did not fast for fear of a child she was nursing or a child she was carrying, and not for fear of herself, then she must make up those days and pay the fidyah for each day, which is half a kilogram of food.

Further Reading:
Not Fasting Due To Illness
Fidyah, Qaḍāʾ and Breaking One's Fast
More Fatawa on Ramadan and Fasting