The Sharia Laws of Islam

Is the salary of a servant a kind of alms?

Assalamu’alaikum. Is our payment of the monthly salary of our servant, aside than fulfilling our obligation to pay the salary, considered as an alms too? Please give us an explanation.

From : Siti Khodijah (Member of Mailing List Fatwa of KPMI)

Answer: Regarding the salary of the servant

Wa’alaikumussalam wa rahmatullahi wa barakuh.

Yes, the salary of the servant is among the kinds of alms, in fact it is also rewarding, as mentioned in the hadith of Abu Mas’ud al-Badri – may Allah be pleased with him-, that the Prophet -peace and prayer of Allah be upon him- said,

إن المسلم إذا أنفق على أهله نفقة وهو يحتسبها كانت له صدقة

“Indeed a Muslim if he support his family with a livelihood, and he hopes the reward of it, then it’s a living concentrated in a charity for him. “ (Narrated by Bukhari and Muslim)

And in the narration from Sa’d Ibn Abi Waqqash, the Messenger of Allah -peace and prayer of Allah be upon him- said,

ولست تنفق نفقة تبتغي بها وجه الله إلا أجرت عليها حتى ما تضعه في في امرأتك

“You do not give any of the living, of which you expect the face of Allah with it, but you will be rewarded accordingly, even a food that you give to your wife’s mouth.” (Narrated by Bukhari and Muslim)
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Her Prospective Husband Working at The Bank

Question: “There’s a man who is always perform the prayer regularly, and possesses noble manners proposed to me. Unfortunately, he works as an accountant in a conventional bank (banks that are still practicing usury, -ed.) Should I accept his proposal or not?”

Answer: “It is absolutely not allowed for one to work in the conventional banks, whether as an accountant or as other positions, since working in such bank is a form of helping one another in sin and transgression. Working on the documentation or accounting department in a bank of usury is greater in sin than working on the parts that does not support the usury transactions directly.

عَنْ جَابِرٍ رضي الله عنه قَالَ لَعَنَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ آكِلَ الرِّبَا وَمُؤْكِلَهُ وَكَاتِبَهُ وَشَاهِدَيْهِ . وَقَالَ : هُمْ سَوَاءٌ

From Jabir, he said, “The Messenger of Allah cursed the eater of usury, his client, one who record it, and two witnesses to the transaction of usury. The Messenger of Allah said, ‘They’re all the same.” (Narrated by Muslim, in hadith no. 1598)

Incomes from such occupation is an illegal income. Thus, we suggest you to turn down the man’s proposal because accepting it will affect the foods, drinks, and the living you obtain, which come from illegal wealth.

أَيُّهَا النَّاسُ إِنَّ اللَّهَ طَيِّبٌ لا يَقْبَلُ إِلا طَيِّبًا ، وَإِنَّ اللَّهَ أَمَرَ الْمُؤْمِنِينَ بِمَا أَمَرَ بِهِ الْمُرْسَلِينَ ،

The Prophet said, “O all men, verily Allah is benevolent and does not accept except the good, and that Allah commanded the believers with such command that Allah has given to the messengers.’
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Question: “I found three opinions regarding is it lawful or not to give an amount of money to certain people to get a job, whether it is given to private or public company. First, it is lawful to do so. Second, it is lawful to do so but with requirement that  the applicant is qualified to work  at that field, his action doesn’t break other people’s chance, the job is a legal one, and there is an urgent demand to work on that field. Third, it is allowed in private institution with the requirements above, but it is not allowed in state institutions. Which of three opinions is the strongest? “

Answer: The second opinion, which allows one to hand over an amount of money to get a job, with certain requirements already mentioned in the question, is the better and the closer one to the truth. whether in the private or the state institutions, By fulfilling the requirements, it is clear that the person is eligible for the position.

By that, money that he gave was unlawful for one who received it, but it was alright for the giver, because it was given to obtain his right proven by his eligibility to fill the position, and this bribery didn’t harm anyone. Giving a sum of money to the authority to eliminate other people’s right – based on private interest of those who gave their money- is an unlawful act, due to Allah’s decree,

وَلاَ تَأْكُلُواْ أَمْوَالَكُم بَيْنَكُم بِالْبَاطِلِ وَتُدْلُواْ بِهَا إِلَى الْحُكَّامِ لِتَأْكُلُواْ فَرِيقاً مِّنْ أَمْوَالِ النَّاسِ بِالإِثْمِ وَأَنتُمْ تَعْلَمُونَ

‘Do not usurp one another’s possessions by false means, nor proffer your possessions to the authorities so that you may sinfully and knowingly usurp a portion of another’s possessions. (Q.s. Al-Baqarah/The Cow:188)

This verse is the reason why there are hadith which forbid people to give presents to the authority, because such present would trigger oppression and transgression of others’ rights.

Doing favor in sins is an unlawful action in shari’a, as mentioned in Allah’s decree:,

وَتَعَاوَنُواْ عَلَى الْبرِّ وَالتَّقْوَى وَلاَ تَعَاوَنُواْ عَلَى الإِثْمِ وَالعُدْوَانِ

“rather, help one another in acts of righteousness and piety, and do not help one another in sin and transgression. Fear Allah: Surely Allah is severe in retribution.” (Q.s. Al-Maidah/The Table Spread:2).”

Source: http://www.ferkous.com/rep/Bi54.php

Author: Ustadz Aris Munandari, S.S., M.PI.

Article of www.syaria.com

Question: “Due to the laxity of the store, the change that was supposed to be given to the consumer was less than it’s actual amount, and the consumer trusted the cashier so much, he just left the store without checking his change. Since there were big numbers of consumers, the cashier found it hard to remember which consumer had their change lack. What should he do with the rest of that change?

Answer: “The basic ruling for other people’s wealth is forbidden (for others to take) and it should not be used but with the owner’s permission, based on a saying of the Prophet :

لاَ يَحِلُّ مَالُ امْرِئٍ مُسْلِمٍ إِلاَّ بِطِيبِ نَفْسٍ مِنْهُ

“It is unlawful to spend other’s wealth but by his willingness.” (Narrated by Ahmad, from Anas Ibn Malik. It is classed sahih by Al Albani in his work ‘Al Irwa’, hadoth no. 1459 and Shahih al Jami’, hadith no. 7539)

إِنَّ دِمَاءَكُمْ وَأَمْوَالَكُمْ وَأَعْرَاضَكُمْ حَرَامٌ عَلَيْكُمْ…

“Indeed, blood, property and honor of the Muslims is forbidden to be disturbed. “ (Narrated by Bukhari and Muslim, from Abu Bakrah)
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يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نُودِيَ لِلصَّلاةِ مِنْ يَوْمِ الْجُمُعَةِ فَاسْعَوْا إِلَى ذِكْرِ اللَّهِ وَذَرُوا الْبَيْعَ ذَلِكُمْ خَيْرٌ لَكُمْ إِنْ كُنْتُمْ تَعْلَمُونَ

Which can be translated as, “Believers, when the call for Prayer is made on Friday, hasten to the remembrance of Allah and give up all trading.  That is better for you, if you only knew.” (Q.s. Al-Jumuah/The Friday Prayer:9)

The verse above is an indication that shows the illicit of buying and selling on Friday, since the calling of prayer that is announced as preacher stands in the pulpit begins until the Friday prayer is completed.

An Nawawi Of madzhab Shafi’i said, “Since we stated that selling and buying transaction on that time is forbidden, then other kind of transactions, manufacturing activities, and other activities that busying one and preventing him from going to the mosque to perform the Friday prayer are also forbidden.” (See:”Al Majmu’”, 4:500)

This transaction of buying and selling is forbidden if one of the them, the seller or the buyer, is a person who are obliged to perform the Friday prayer. Thus, if there are two people who are not obliged to do it, for example two women doing transaction, then such transaction is alright.

If the buying and selling was done, is it considered as a valid transaction?

The scholars held different opinions in this problem. Scholars of Shafi’i and Hanafi considered the transaction as valid, but one who did it was guilty. Whereas Imam Ahmad and Daud Azh Zhahiri considered the transaction as invalid one.

The first opinion is the stronger, since the prohibition in this matter is related to the matter out of the transaction itself.

Reference: “Tamamul Minnah fi Fiqhil Kitab wa Shahihis Sunnah”, by Adil bin Yusuf Al-Azzazi, 3rd book, page 324–325

Author: Ustadz Aris Munandar, S.S., M.PI

Article of www.syaria.com

Question: “My mother is a civil servant. Sometimes, there are members of society -of whom she was servicing- who gave us present without being asked by my mother. The presents weren’t meant to be a bribe so that my mother will give better service for the them, but it was given due to her dedication in serving the society. Mother is a civil servant who is serious in servicing the society and she serves them fast, whoever the person is. Due to the rarity of such civil servant today, some people just want to give her an appreciation for her work. One gave her a bottle of honey. What is the ruling of such present? What is the ruling for me if I, as her child, consumed such present? ”

The answer of Sheikh Mahir Ibn Zafir Al Qahthani, “Imam Ahmad narrated in his book, “Musnad”, from Abu Humaid As Sa’idi; that the Messenger of Allah said,

هدايا العمال غلول

‘Present received by an employee is a property of betraying the mandate,’

Your mother is not allowed to accept and take the present when she is still working as a civil servant who are obliged to serve the society. If it is a plain present, in other word a lawful present, then, if your mother is already retired, thus she just spends her time sitting in her home, is there anyone who’ll bring her a present?

There are two kinds of unlawful property. Firstly, it is unlawful because of the property itself. Such as the result of stealing, and the like. Secondly, the unlawful property due to some factors out of the property itself, such as the result of usury. Presents received by the civil servant, would probably fall into this second category.

The first category is unlawful for all people, whether for the first handed receiver, or the second handed who obtain the property from the first one through lawful ways, such as inheritance, or present.

The second category, the unlawful property due to the transaction, for example the yield of usury, is unlawful for the first handed person, but it is lawful for the second handed who get the property from the first handed person through fine ways, such as inheritance, living, and present.

There are 2 indications indicating the truth of the stance which gives the details above.

First, there is a valid narration from Ibn Mas’ud regarding his comment over the property  obtained from usury transaction, which was presented by the usurer to other, or a feast invitation at the house of the usurer. He said,

لك غنمه وعليه غرمه

‘’For you the delight and the sin is for him’

Second, the Prophet accepted food as a present from a Jewish woman, whereas the Jews were people who often obtain wealth from unlawful ways.

Based on the explanation above, it is alright for you to obtain those goods from your mother through lawful ways, for example as a living bequest. In such condition, the present is unlawful for your mother, even though it is lawful for you.

Source: http://www.al-sunan.org/vb/showthread.php?t=7786

Author:Ustadz. Aris Munandar, S.S., M.PI.

Article www.Syaria.com

Question: “Is a man allowed to sell women’s lingerie?”

Answer: “It is alright to sell women’s lingerie, since the product itself is lawful. The lingerie here is underwear garment usually used for decent purposes, and it shouldn’t be shown but to spouse (between husband and his wife).

However, the ruling above required the transaction to be in accordance with shari’a laws, that is, the seller (man) isn’t left alone with the buyer who come to his stall, there should be no illegal glance, nor illegal touch, nor jokes between him and his female buyer, the women who come to buy the lingerie doesn’t soften her voice during her conversation with the seller, the conversation should be focused and limited, according to their needs, and so on.

But isn’t it better for a man to abandon such job -selling women’s lingerie- and start another business?

We need to inform that the basic ruling for selling women’s lingerie is lawful, but the lingerie should not displayed on mannequins that will be shown in front of the store thus could be seen by plenty of people.

Source: http://www.ferkous.com/rep/Bi156.php

Author: Ustadz Aris Munandar, S.S., M.PI.

Article of www.syaria.com

Traveling to the Place of Wickedness

Sheikh al Islam was asked about a man whose words were heard by the judge. He went  refreshing himself to a place where people gathered, during the spring, on cheerful times. He saw wickedness there, of which he wasn’t able to counter. His wife was with him too. Is it alright for him to do so? And was it decreasing his dignity?

He answered,

One is not allowed to attend the places where he would see various evil doings and it is impossible for him to prevent it, unless for a lawful reason acknowledged in shari’a. For example, there were affairs there that he needed to attend for the sake of his religion and his worldly affairs, or because he was forced to be there. As for a mere pleasure and refreshing and he took his wife with him to see it, then it might decrease (nullify) his dignity and honor, if he did it repeatedly. And Allah knows best.

Source of reference: Fatwa Collection of Ibn Taimiya, by Sheikh al Islam Ibn Taimiya. Published by Darul Haq.

Article of www.Syaria.com

Question: “What is the ruling for getting a job by the help of “intermediary”?

Answer: “If what meant of one who ask this question is to get a job by the help of an insider, then it is basically allowed, as long as he fulfills two criteria:

There is no ‘money’ for the employee or official who worked at the company or agency (or simply said, the insider, -ed)
The applicant is qualified for the job, to work in a job that will be burdened to him, and his acceptance didn’t cause the elimination of those who are more eligible for the job.

Reference: http://www.salmajed.com/fatwa/findnum.php?arno=5574

Author: Ustadz Aris Munandar, S.S., M.PI.

Article of www.syaria.com

Question: “I am a teacher. Some students gave me a gift of low values at their graduation. I’ve taken the gift. Am I guilty for doing it?”

Answer: “It is not allowed for a teacher or lecturer to receive any gift, even though it is of low value, from his student, whoever he is. If you received it already, then the gift should be given to the office (as a property of the institute).

The best solution is for you to explain the ruling regarding this matter to the students wisely, as the Prophet did when Ash Sha’b Ibn Jatsama gave him a donkey when the Prophet was in the state of ihram. The Prophet told him wisely,

إنا لم نرده عليك إلا أنا حرم

“Indeed, we do not return this gift of yours but because we are in the ihram state.” (Narrated by Bukhari and Muslim)
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