Monthly Archives: December, 2012

Market Price in Islam

Market Price in Islam

Market Price in Islam

Market Price in Islam

Question:

Assalamu’alaikum Ustadz.

I’d like to ask about the ruling for “market price” in Islam. The description is as follows:

A owns a business that has been running for several years in a certain district, while B is currently opening a similar type of business as A in the same district.

To attract more consumers, B is selling his stuffs with a slightly cheaper price than A, reasoning that his business is still a new one thus it needs a market strategy.

The question is, is B’s action wrong because it ruins the “market price”?

Is A rightful to require B to increase his stuffs’ price to make it equal to his price?

And does Islamic Laws recognize this “market price”?

Please give me an explanation.

Muhammad Rusdianto.

Answer:
Continue Reading

A transaction for the need of the church

A transaction for the need of the church

the church

Is a transaction for the need of the church lawful in shari’a?

 

Question no.1:

What is the ruling for selling daily needs, products such as knife, table, lamp, etc., while we know exactly that the buyer is liquor factory, or a church, or a bank that practicing usury, (such as selling papers to print the billing, the vendor machine, computer), etc… Where, if we used the principle of the knife seller, we do not know for what that knife will be used and that is alright; but in a big company, the customers data will be obtained and it will be evident who they are, and what are their occupations. Such as a material store that sells bricks to the construction of a church (the company surely know about this because the bricks will be delivered to the church and used to construct it.)

***

Question no.2:

All praises be to Allah, my company do not sell an ordered base software, but a built-in software (ready to use software), but in fact there are still some churches and christian schools and usury-based institutions that are attracted to buy it. They simply buy it without asking for additional feature or modification.

Also about the pedicab driver or taxi driver that carry passengers, who want to be taken to the church. What should they do, take it or not?

The point is, are we totally disallowed to have financial transaction with them, or there are still fields where we are allowed to transact with them, as long as the sold products are not the central point of their activities?

Answer:

All praises be to Allah, peace and prayer of Allah be upon Prophet Muhammad, his family, and his companions.

The main point of the question here has no difference from the previous answer. Because the basis of it is the principle of disallowance of helping each other in mischief. Undoubtedly, creating a relation that directly gives positive contribution to the contemptible deed, whether in trading, renting, or other forms, is contradicting this principle.

Below I post an answer of Al Lajnah Ad Da’imah Lil Ifta’, Kingdom of Saudi Arabia, that contains similar point with your question above:

الفتوى رقم 20507
س: لدينا عمارة في موقع ممتاز، وعلى أفضل الشوارع في مدينة الطائف بحمد الله، والآن يتردد علينا مدير البنك السعودي البريطاني، وذلك لاستئجار المعارض التي تحت هذه العمارة لجعل الفرع الرئيس للبنك بالطائف بها، بمبلغ مغر جدا، ولمدة عشر سنوات، وسوف يدفع خمس سنوات مقدما، ونحن -أصحاب العمارة- في حاجة ماسة إلى السيولة في الوقت الحاضر لسداد بعض الديون التي ترتبت على هذه العمارة، وديون أخرى للغير أحرجنا منهم من كثرة ترددهم علينا، البعض منا يريد تأجيرها على البنك لسداد تلك الديون، والبنك إثمه عليه، ولا إثم علينا؛ لأننا لم نتعامل معه بالربا، ولا مع غيره بحمد الله، وهو مستأجر كغيره من المستأجرين. والبعض منا يقول: إن في ذلك إثما من باب: (وَلَا تَعَاوَنُوا عَلَى الْإِثْمِ وَالْعُدْوَانِ) سورة المائدة الآية 2 والآن نحن في حيرة من أمرنا، أفتونا مأجورين. هل نؤجر على البنك وإثمه عليه، أم نحن أصحاب العمارة آثمون إذا أجرنا عليه تلك المعارض؟ حتى نتمكن من الرد على البنك المستعجل على إجابتنا.
ج: لا يجوز تأجير المحلات للبنوك؛ لأنها تتخذها محلات للتعامل بالربا، وقد لعن رسول الله -صلى الله عليه وسلم- آكل الربا وموكله وشاهديه وكاتبه. والمؤجر يدخل في ذلك؛ لأنه أعان على أكل الربا بأخذ الأجرة في مقابل ذلك، والله تعالى يقول: (وَلَا تَعَاوَنُوا عَلَى الْإِثْمِ وَالْعُدْوَانِ وَاتَّقُوا اللَّهَ إِنَّ اللَّهَ شَدِيدُ الْعِقَابِ) سورة المائدة الآية 2، وفي الحلال غنية عن الحرام. وقد قال الله سبحانه: (وَمَنْ يَتَّقِ اللَّهَ يَجْعَلْ لَهُ مَخْرَجًا وَيَرْزُقْهُ مِنْ حَيْثُ لَا يَحْتَسِبُ ) سورة الطلاق الآية 2-3
وبالله التوفيق، وصلى الله على نبينا محمد وآله وصحبه وسلم.
اللجنة الدائمة للبحوث العلمية والإفتاء
عضو … عضو … عضو … نائب الرئيس … الرئيس
بكر أبو زيد … صالح الفوزان … عبد الله بن غديان … عبد العزيز آل الشيخ … عبد العزيز بن عبد الله بن باز

Fatwa no: 20507

[Question]

“All praises be to Allah, we (a partnering group) have a building in a strategic place, on the best road too. And now the director of Saudi British Bank keeps on coming to us to rent the storehouse that located on the lower part of that building, as the main branch office of that bank in the city of Thaif. He offers a very nice price for 10 years time, with requirement that the price of the first five years will be paid in advance. Now, we; the owner of that building are in the need of money to settle our debts during the construction of this building and other debts as well. We’re currently feeling awkward when we have to face the creditor, because they have asked us many times to settle our debt. Half of us
want that the building being rented to that bank, so that we’ll be able to settle our debts. They said that the sin of the bank is the burden of the bank manager, while we will not join him in it; since we, all praises be to Allah- do not make any usury contract, whether with the bank or other institutions. And the status of that bank is as a renter, just as any other renter.

But the others argue that: renting the building to bank is a sin, because it included in Allah’s decree:

وَلَا تَعَاوَنُوا عَلَى الْإِثْمِ وَالْعُدْوَانِ. المائدة 2

“and do not help one another in sin and transgression.” (Qs. Al Maidah/The Table Spread: 2)

And now we’re all confuse, thus we ask you to issue a fatwa for us, may Allah bestow upon you plenty of rewards: Is it permissible for us to rent the store to the bank and the sin will be burdened to them only? Or are we going to be burdened as well, if we rent it to the bank? Please answer this question immediately so that we’ll give our answer to the bank based on your fatwa.
Continue Reading

Beware of the Bribe

Definition Bribe

In Arabic language, bribe is termed as “risywah“, which meaning is a “wage” or “gift” that is given in order to achieve a benefit.

Al Fayumi said that “risywah” is one’s gift to the judge or the like, to decide a verdict that benefits him or to make the receiver does whatever the giver’s wish him to do.

Ibnul Atsir said that the meaning of risywah is ‘a means to achieve the realization of a need by a manipulative attitude. The origin of risywah is rasya’, which means the rope of a pail functions to bring the pail to the water.

In terminology, risywah is a gift given to certain man to right the wrong and to wrong the right. Hence, the meaning of risywah is more confined in terminology compared to it’s etymological meaning. Also, In terminology, a gift will be stated as risywah if the aim of that gift is to right the wrong and wrong the right.

beware of the bribe

Bribe in Law

Bribing in law, and bribing the authorities to get a job is forbidden without any difference in scholarly opinions upon this matter. Even worse, it is considered as a big sin.

Allah decreed,

سَمَّاعُونَ لِلْكَذِبِ أَكَّالُونَ لِلسُّحْتِ

“They are listeners of falsehood and greedy devourers of unlawful earnings.” (QS al Maidah/The Table Spread: 42).

According to Hasan A Basri and Said Ibn Jubair, the meaning of the word ‘suht’ in this verse is bribes (risywah).

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.” (Qs. al Baqarah/The Cow: 188)

It is narrated from Abdullah Ibn Amr,

لَعَنَ رَسُولُ اللَّهِ -صلى الله عليه وسلم- الرَّاشِىَ وَالْمُرْتَشِىَ.

“The Messenger of Allah -peace and prayer of Allah be upon him- cursed the one who gives a bribe and the one who takes it.” (Narrated by Abu Daud in hadith no. 3580, etc; classed sahih by Al Albani)

In another narration the Prophet cursed Ar Ra-isy, that is the mediator between the briber and the bribed one (Narrated by Hakim in hadith no. 7068). Although it is classed as a weak narration, but it’s meaning is true. Mediating the briber and the bribed one means helping them to commit a sin and this is an unlawful matter.

Hence, it is forbidden to ask for bribe, to bribe, receive the bribe, and mediating between the briber and the bribed one.

But according to the majority of the scholars, one is allowed to bribe to get his rights, or to prevent any danger or threat. In this condition, the sinned one is the one who receive the bribe, and not the briber.

Abu Laits As Samarqandi al Hanafi said, “It is alright if one defends himself and his right by bribing.”

There are scholars who explained this stance by saying that the shari’a allows one to use dangerous thing to prevent the more dangerous thing. For example is redeeming the captives by paying some money, while the truth is giving wealth to the disbelievers (infidels) is forbidden and considered as wasting the wealth. But in this case, such forbidden thing is allowed to prevent the worse danger. By this, doing a forbidden thing which posses no danger to prevent the worse danger is surely more rightful to be allowed.

But if the right to defend is worthless, then an attempt to defend it without any indication in shari’a is forbidden. That is because the danger here outweigh the desired benefits.

Majority of the scholars based their opinion on a narration from Ibn Mas’ud. When he was in Ethiopia, he bribed certain man with two dinars to be able to continue his journey.

He said,

إنّ الإثم على القابض دون الدّافع.

“Indeed, the sin is carried by the one who received that bribe and not the giver.”

Atha’ and Hasan Al Basri said, “A man is allowed to pretend (pretending to give present or bribe, -translator) to defend himself and his possession if he is afraid that he’ll be oppressed.”
Continue Reading

The Three Dwellers of Paradise

The Three Dwellers of Paradise

Imam Bukhari- may Allah have mercy on him- narrated in his work titled “As Sahih”:

حَدَّثَنَا يُوسُفُ بْنُ مُوسَى حَدَّثَنَا أَبُو أُسَامَةَ قَالَ حَدَّثَنِي عُثْمَانُ بْنُ غِيَاثٍ حَدَّثَنَا أَبُو عُثْمَانَ النَّهْدِيُّ عَنْ أَبِي مُوسَى رَضِيَ اللَّهُ عَنْهُ قَالَ كُنْتُ مَعَ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِي حَائِطٍ مِنْ حِيطَانِ الْمَدِينَةِ فَجَاءَ رَجُلٌ فَاسْتَفْتَحَ فَقَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ افْتَحْ لَهُ وَبَشِّرْهُ بِالْجَنَّةِ فَفَتَحْتُ لَهُ فَإِذَا أَبُو بَكْرٍ فَبَشَّرْتُهُ بِمَا قَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَحَمِدَ اللَّهَ ثُمَّ جَاءَ رَجُلٌ فَاسْتَفْتَحَ فَقَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ افْتَحْ لَهُ وَبَشِّرْهُ بِالْجَنَّةِ فَفَتَحْتُ لَهُ فَإِذَا هُوَ عُمَرُ فَأَخْبَرْتُهُ بِمَا قَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَحَمِدَ اللَّهَ ثُمَّ اسْتَفْتَحَ رَجُلٌ فَقَالَ لِي افْتَحْ لَهُ وَبَشِّرْهُ بِالْجَنَّةِ عَلَى بَلْوَى تُصِيبُهُ فَإِذَا عُثْمَانُ فَأَخْبَرْتُهُ بِمَا قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَحَمِدَ اللَّهَ ثُمَّ قَالَ اللَّهُ الْمُسْتَعَانُ

Yusuf Ibn Musa said to us: Abu Usamah told us: Utsman Ibn Ghiyats said to me: Abu Uthman an Nahdi narrated to us from Abu Musa -may Allah be pleased with him-, he said: While I was with the Prophet -peace and prayer of Allah be upon him- in one of the gardens of Medina, a man came and asked me to open the gate. The Prophet -peace and prayer of Allah be upon him- said to me, “Open the gate for him and give him the glad tidings that he will enter Paradise.” I opened (the gate) for him, and behold! It was Abu Bakr. I informed him of the glad tidings the Prophet -peace and prayer of Allah be upon him- had said, and he praised and thanked Allah. Then another man came and asked me to open the gate. The Prophet -peace and prayer of Allah be upon him- said to me, “Open (the gate) and give him the glad tiding of entering Paradise.” I opened (the gate) for him, and behold! It was `Umar. I informed him of what the Prophet -eace and prayer of Allah be upon him- had said, and he praised and thanked Allah. Then another man came and asked me to open the gate . The Prophet -peace and prayer of Allah be upon him- said to me, “Open (the gate) for him and inform him of the glad tidings of entering Paradise with a calamity which will befall him.” Behold! It was ‘U th mân. I informed him of what Allah’s Messenger -peace and prayer of Allah be upon him- had said. He praised and thanked Allah and said, “Allahul musta’aan (It is Allah Whose Help I seek).” (Narrated by Bukhari in The Book of Virtues and the Merits of the Companions of the Prophet)

This hadith gives us some lessons, such as:

1. The manner of the companion if they were to enter other people’s place.

2. Abu Bakr, Umar, and Uthman will certainly enter the Paradise.

3. It is suggested to deliver good news to other muslims.

4. Every virtue belong to mankind is a gift from Allah.

5. An order to praise Allah for every grace that we’ve had.

6. Uthman died while he was afflicted by a calamity.

7. The miracle of the Prophet -peace and prayer of Allah be upon him.

8. The faith in the Paradise and it is a place full with eternal joy.

9. Abu Bakr, Umar, and Uthman died in a faithful state.

10. The saying, “Allahul musta’an” uttered when one faced a difficulty or a trouble.

11. It is compulsory to justify the saying of the Prophet – peace and prayer of Allah be upon him.

12. The obedience and respect of the companions to the Prophet -peace and prayer of Allah be upon him.

13. It is allowed to order other people or to ask him a favor in a matter that he is able to accomplish it.

14. It is alright to hire the door keeper, security guard, and the like.

15. A hadith ahad is accepted even in the matter of creed.

16. The companions are trustworthy men.

17. And other lessons which are still unknown to me. And Allah knows best.

Peace and prayer be upon our Prophet Muhammad and his family and companions. And all praises be to Allah, Lord of the universe.

Author: Ustadz Abu Mushlih
Article of www.whatisquran.com

Copyright © 2018. Powered by WordPress & Romangie Theme.