Monthly Archives: April, 2013

The ruling for Transacting When the Calling of Friday Prayer Was Called Out

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)

selling on Friday

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

Ruling regarding Present for the Civil Servant

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? ”

Ruling regarding Present for the Civil Servant

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

Rulings of Selling Women’s Lingerie

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 Tourism Destination with Wickedness Inside it

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

Getting a Job due to Intercession of an Insider

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

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