Monthly Archives: March, 2013

Buying from Fencer of Stolen Goods

Question: “I bought clothes in my friend’s store. After a while it is revealed that that friend of mine has sold the stolen goods. Now I know that I mustn’t buy in that store anymore, but what about the goods I’ve already bought?

Answer: “If it is evidently proven that the store is selling stolen goods, it is unlawful to shop at that store since those stolen goods are not belong to the seller, thus his selling will be an invalid transaction.

The Lajnah Daimah stated, “If we are sure that the goods offered there are the stolen or looted goods, or if the seller isn’t the real owner neither the representative to sell it, then it is unlawful for us to buy the goods, since buying it means were are helping him to commit sin and transgression, also preventing the goods from being back to it’s owner. Besides, the ruling of such practice is unlawful because it contains element of oppressing others, maintaining the evil doing, and causing the fencer of that stolen goods joined the stealer in his sin.

قال الله تعالى: ( وَتَعَاوَنُوا عَلَى الْبِرِّ وَالتَّقْوَى وَلَا تَعَاوَنُوا عَلَى الْإِثْمِ وَالْعُدْوَانِ

Allah decreed, which can be translated as, “help one another in acts of righteousness and piety, and do not help one another in sin and transgression.” (Qs. Al-Maidah/The Table Spread:2)

People who know that the sold goods are the stolen or looted things, should give advices to the stealer in a gently and wisely, so that he’ll be motivated to repent from his evil works.

But if the advices didn’t work, and the person is still stubborn to continue his activities, then one who knows about it should report him to the authority so that he’ll be punished accordingly and the stolen goods may be able to be returned to it’s owner. Reporting such crime is among the aids in goodness and piety since it’ll cause the stealer to give up his criminality also helps the oppressed one.’ (Fatwa of Lajnah Daimah, 13:81)
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Buying Gold Jewelries Using Cheque

Buying Gold Jewelries Using Cheque

Buying Gold Jewelries Using Cheque

Question:

Is it permissible to use cheque that could be cashed at certain bank for buying or selling goods? For information, the nominal written on the cheque could be cashed entirely at the appointed bank. This matter most when the buyer couldn’t bring cash money at the time he or she wanted to buy things, and the seller too couldn’t accept the amount of money from the buyer if he or she bought several gold bullion, because sometimes the amount reached millions of riyal, thus he is worry over his own or his money’s safety.

Answer:

It is alright for them to do so, since transaction by cheque resembles cash in ruling, if the cheque has been legalized by the bank.

And guidance is with Allah, peace and prayer of Allah may always be upon Prophet Muhammad, his family, and companions (See: Majmu’ Fatawa al-Lajnah ad-Da’imah, 13/493, in fatwa no. 9564).

As for other commodities than the six commodities, it’s ruling is still been debated among the scholars, whether or not it is included in ruling of usury in trading, just as the six commodities, or not.

The scholars who adapted literal method in understanding hadith (zhahiri), such as Ibn Hazm and friends, believed that the rules of usury merely applied on the six commodities mentioned in the hadith, not on the others. Based on that, they stated that others than the six commodities can be exchanged in any ways, cash or by debt, by adding the weight of one commodity over other, or by similar weight. (See: “al-Muhalla” by Ibnu Hazem, 8/468).

As for majority of the scholars, among them are the scholars from the four madzhab, they stated that the ruling of usury in transaction can be applied on other commodities that have similar role / position as the mentioned ones.

However, they held different opinions on the shared definition between the six and others commodities:

The first opinion: The reason behind the application of rules of usury in gold and silver is because the commodities are weighed, whereas the rest four commodities are measured. Hence, the rules of usury in transaction should also be applied on every commodity that is traded by being weighed or measured. This is the opinion of Hanafi and Hanbali scholars. (See: “al-Mabsuth” by as-Sarakhsi, 12/113 and “Bada’ius Shanaa’i”  by al-Kasany 4/401, and “al-Mughni” by Ibn Qudama).
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Question and Answer: Measure of Zakat fitr

Measure of Zakat fitr

Question:

“What is the measure of zakat fitr in Ramadan?”

Answer:

It seems like what the questioner meant was zakat fitr in the month of Ramadan. What must be spent is one sha’ (measurement unit) of the citizen’s staple food, whether in the form of rice, wheat, dates, or other food; it applies for men and women, free man and slave, children and adult, of the muslims as mentioned in an authentic hadith from the Prophet -peace and prayer of Allah be upon him- regarding that matter. Therefore, it is compulsory for people  to spend their zakat before they perform the Eid prayer. It is also alright for them to spend it one or two days before Eid. As for the measure, it is approximately equal to 3 kilograms.

Source: Fatwas of Sheikh Ibn Baz, first part. Author: Sheikh Abdul Aziz Ibn Abdullah Ibn Baz

Article of www.syaria.com

Question and Answer: What are the legal competitions?

What are the legal competitions?

Question:

What is the parameter to determine which competition is legal or illegal?

What are the legal competitions

Answer:

Race, boat race, and the javelin, if held out without betting, are allowed.

Horse races, camel racing and archery, although accompanied with betting, are allowed.

As for scientific competition, in our opinion, it is allowed if it motivate people to memorize and repeat the material learned.

Such as what have been practiced by several generous men, regarding competition to memorize the Qur’an. It is announced that whoever capable of memorizing the 30 parts of the Qur’an in three months, will be given a 30 thousand reals prize. And if the person is able to memorize the 30 parts in 6 months period, he or she will get a prize of 20 thousand reals, and so on.

Also the competition to memorize the hadith, with a stipulation of 100 or 300 hadith in a year or half a year. At the end of that period, a test will be held to evaluate the strength of competitor’s memory, and the first winner will get a greater prize than the second winner.

Also the competition of memorizing the scientific texts (a short book from various scientific fields), either in jurisprudence, the life history of the Prophet, tawheed, or in manners. In this competition, the winner will be given motivational prizes, and the prizes come from generous men who have no worldly intention in giving it, but merely to motivate the young generation to memorize the Qur’an and various branches of science. According to religious perspective, such competition brings many benefits to people.

Source: Fatwas of Sheikh Abdullah Al Jibrin in “Ahkam al Musabaqat at Tijariah”, published by Dar al Qasim, first edition, 1419 H.

Author: Ustadz Abu ‘Ukkasha Aris Munandar, M.P.I

Article of www.syaria.com

Sold with a Low Price due to a Forced state

Sold with a Low Price due to a  Forced state

Sold with a Low Price due to a  Forced state: What is the ruling of selling and buying due to a forced state?

We often find cases where land or houses are sold with cheap prices, lower than the market price, because the owner is in a difficult condition: for example his children is admitted in the hospital, or he needs it to pay the school registration fee of his children.

Is it permissible for us to buy that land or house in such condition? Are we included in people who take advantage from other’s misery?

There are several scholarly opinions regarding this matter:

First, the scholar of Hanbali, Maliki, and Shafi’i opinionated that it is hated to buy things from people in destitute, due to several reasons.

Among the reasons is that they believed that the transaction occurred not based on willingness of both sides, Since the owner actually is hard to sell his possession.

عن أَبَي سَعِيدٍ الْخُدْرِىَّ يَقُولُ قَالَ رَسُولُ اللَّهِ -صلى الله عليه وسلم- « إِنَّمَا الْبَيْعُ عَنْ تَرَاضٍ ».

From Abu Said Al Khudri, the Messenger of Allah said: “Transactions may only be done by mutual consent.” (Narrated by Ibn Maja in hadith no. 2185; it is valid according to Al Albani)

عن أَبُي عَامِرٍ الْمُزَنِىُّ حَدَّثَنَا شَيْخٌ مِنْ بَنِى تَمِيمٍ قَالَ خَطَبَنَا عَلِىٌّ أَوْ قَالَ قَالَ عَلِىٌّ يَأْتِى عَلَى النَّاسِ زَمَانٌ عَضُوضٌ يَعَضُّ الْمُوسِرُ عَلَى مَا فِى يَدَيْهِ – قَالَ وَلَمْ يُؤْمَرْ بِذَلِكَ قَالَ اللَّهُ عَزَّ وَجَلَّ (وَلاَ تَنْسَوُا الْفَضْلَ بَيْنَكُمْ) وَيَنْهَدُ الأَشْرَارُ وَيُسْتَذَلُّ الأَخْيَارُ وَيُبَايِعُ الْمُضْطَرُّونَ – قَالَ- وَقَدْ نَهَى رَسُولُ اللَّهِ -صلى الله عليه وسلم- عَنْ بَيْعِ الْمُضْطَرِّينَ وَعَنْ بَيْعِ الْغَرَرِ وَعَنْ بَيْعِ الثَّمَرَةِ قَبْلَ أَنْ تُدْرِكَ.

From Abu ‘Amir Al Muzani, a sheikh from Tamim tribe, he told that Ali was delivering sermon -or ‘Ali said, “A time of stinginess will come. That is the time when the rich bite his wealth (do not want to spend their wealth). Whereas they do not ordered to do so, Allah decreed, which can be translated as,” And forget not to act gracefully with one another,” (Q.S. Al-Baqarah/The Cow :237)
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