Mortgages


Bahishti Zewar, Fiqh, Part 5-Principles of Business

1. You took a loan of R10 from someone and in order for him to trust you, you kept one of your possessions with him informing him that if you do not trust me, keep this item with you. Once I repay you the R10, I will take my item back. This is permissible. This is known as mortgaging or pawning. However, under no circumstances is it permissible to pay any interest as is in vogue among the merchants and bankers whereby they charge an interest for mortgaging. It is harâm to pay or to accept interest.

November 22, 2010

Taking back something that has been given


Bahishti Zewar, Fiqh, Part 5-Principles of Business

1. It is a major sin to take back something that you have given. If a person takes back something that he has given and the person gives it back willingly, then the person who had originally given the item will once again become its owner. However, there are certain things which the person has no right to take back, e.g. you gave a goat to a person. This person fed that goat so well that it became fat and healthy. In such a case you do not have the right to take it back.

October 22, 2010

Purchasing on credit


Economics, Part 5-Principles of Business

1. It is permissible to purchase an item on credit. However, it is necessary to specify a period of time, i.e. you will pay the amount after 15 days, after one month or after four months – whatever the case may be. If a person does not specify any period but merely says: “I don’t have the money now, I will pay you later”, this has two aspects to it:

(i) He says: “I will purchase this on condition that I will pay you later.” In such a case the transaction will be invalid (faasid).

May 18, 2010

Oaths Related to Entering a House


Bahishti Zewar, Fiqh, Part 3-Fasting, Zakaat, Qurbani, Hajj etc.

1. A person took an oath that he will never enter your
house. Thereafter, he stood on the porch or below the balcony of your house
without actually entering the house. His oath will not be broken. However, the
moment he enters through the door, his oath will break.

2. A person took an oath that he will not enter a
particular house. Thereafter, when that house became completely delapidated and
ruined, he entered it. His oath will break. But if that house was completely
flattened to such an extent that there are no traces of it, or it has been
turned into an orchard, or a musjid has been constructed in its place, or it has
been turned into a farm and thereafter he entered it, his oath will not be
broken.

August 31, 2008

Zakât on Produce of the Land


Bahishti Zewar, Fiqh, Part 3-Fasting, Zakaat, Qurbani, Hajj etc.
  1. A particular place
    was in the control of the kuffâr. These kuffâr used to live there
    and lead their normal lives in that place. Thereafter, the Muslims invaded that
    place, waged war with the inhabitants, captured the place and propagated Islam
    therein. The Muslim ruler confiscated all the land of that place and distributed
    it among the Muslims. In the Shariah, such land is referred to as
    “ushri” land. If all the inhabitants of that place accepted Islam
    willingly and there was no need to wage a war against them, all the land of that
    place will still be regarded as ushri land. All Arab lands are also
    ushri lands.

August 31, 2008

Mercy and Compassion


Hadith & Seerah, The Noble Traits of His Character, The Ways of the Prophet (SAWS)

One of his companions came to the Prophet (Sallallahu Alaihi Wasallam). In his hands he had some birds chicks which were chirping. The Prophet asked him what those chicks were. The Companion said, “O Messenger! As I was passing by bush, I heard the chirping of these chicks, so I took them away. When their mother saw this she began to circle around my head in her anguish.” The Prophet (Sallallahu Alaihi Wa Sallam) said, “Go at once and put them back wherefrom you have taken them”. [Mishkat, Ma’arif -ul- Hadis]

August 16, 2008