Distribution Of Inheritance

My mother, sister and I are the only legal heirs to my father. He has left behind a house. Now, we have mutually decided to sell it. Please let me ascertain the shares of each one, if the price is Rs.20 million

Answer:

Assuming that there are no other heirs like father or mother of the deceased and you are the only heirs the property shall be distributed like this:

1. Any debt or wills have to be fulfilled.

2. The wife of the deceased (your mother) gets 1/8 of the whole property.

3. The remaining is split in three equal shares. Two shares go to the boy (ie you) and one to the daughter (ie your…

Read More

Limits Of Profit Taking In Business

Is there a limit of profit? Suppose I have a form of unique kind of mango which is the only one kind in the world. Can I sell them at a highest price as I wish or I have any obligations of any percentage of total growing and handling cost as profit? If it has cost me Rs. ten thousand and I wish to sell them on the price of millions or whatever if I get such wealthy buyers? What percentage I can get on the real cost?

Answer:

The general principle is that you are not allowed to exploit people by overcharging or hoarding a commodity which is a necessity of life and you exploit their plight by overcharging them. If an item isn't a necessity of life and people can live without it, the market forces of demand and supply would determine what the price should be.

In the case of the product you have mentioned, my opinion is that…

Read More

Importance Of Debt Repayment

It has been narrated on the authority of Abu Qatada that the Messenger of Allah (may peace be upon him) stood up among them (his Companions) to deliver his sermon in which he told them that Jihad in the way of Allah and belief in Allah (with all His Attributes) are the most meritorious of acts. A man stood up and said: Messenger of Allah, do you think that if I am killed in the way of Allah, my sins will be blotted out from me? The Messenger of Allah (may peace be upon him) said: Yes, in case you are killed in the way of Allah and you were patient and sincere and you always fought facing the enemy, never turning your back upon him. Then he added: What have you said (now)? (Wishing to have further assurance from him for his satisfaction), he asked (again): Do you think if I am killed in the way of Allah, all my sins will be obliterated from me? The Messenger of Allah (may peace be upon him) said: Yes, it you were patient and sincere and always fought facing the enemy and never turning your back upon him, (all your lapses would be forgiven) except debt. Gabriel has told me this.


Does this mean when a martyr dies he wont enter paradise because of a debt or that he wont enter paradise before judgment day then he would pay back the only thing one has on that day ones good deeds? Does this imply for every pious Muslim that dies living a debt for some reason?

Answer:

The narrative should not be taken as expressive of the principle upon which people will be awarded heaven or hell. However, we can say that this must not be against the Qur’anic concept of the final judgment on the Last Day.

Two things need to be appreciated regarding martyrs. Every person that is killed in a war is not considered a Martyr (see http://www.renaissance.com.pk/mayq992.html) in the true sense of the word. The Almighty…

Read More

Tax And Zakah

On top of the zakat on all our assets, the government imposes tax on the same. What is your view on this - which one is deductable in legal terms?

Answer:

Mr. Ghamidi’s research on the topic led him to the conclusion that an Islmaic government has not been given any right to impose taxes except the Zakah. (for detail please refer to the following article: Sanctity of Ownership which can be reached at: http://www.monthly-renaissance.com/marfeart2y3.html and Taxes Other than Zakah)

This means that we can consider our Zakah paid when we have paid in taxes more that the Zakah payable. However, it does not…

Read More

Lottery And Charity

Can we play the lottery and then give the winnings to charity?

Answer:

Islam exhorts its adherents upon spending in charity. The Almighty says:

O you who believe! Spend of the pure things which you have earned, and of that which we bring forth from the earth for you, and seek not the bad (with intent) to spend thereof (in charity) when you would not take it for yourselves save with disdain; and know that Allah is Absolute, Owner of Praise. [2:267]

The aforementioned verse urges the Muslims to spend…

Read More

Questions Regarding The Inheritance Law

I have a question about the inheritance law. I am totally convinced in the point of view of Javed Ahmed Ghamidi. However, I have developed a confusion regarding his view in this regard which follows:

Who receives the balance 5/12 of the inheritance in the following and other cases in which, after the distribution, there remains surplus?

Inheritors Fund Distributed Surplus
Only a wife: = 1/4 3/4
Only a mother: = 1/3 2/3
Only a daughter = 1/2 1/2
Two daughters = 2/3 1/3
Only a Sister = 1/2 1/2
A mother and a sister = 1/3 + 1/2 = 5/6 1/6
A wife and a mother = 1/4 + 1/3 = 5/12 7/12
A sister and a wife

In all these cases and many other combinations there is a surplus. What will happen to this surplus? Who will inherit it? To deal with this problem the law of "Usbah" comes to effect. This law is to regulate the unclaimed shares, which have no corresponding people to receive them. Of course if the Quran was clear with no errors, there would have been no need for all these “sciences” and amendments.

The law of Usbah is based on the following Hadith.

Sahih Bukhari 8. 80. 724

Narrated Ibn 'Abbas:

The Prophet said, "Give the Fara'id (the shares of the inheritance that are prescribed in the Qur'an) to those who are entitled to receive it. Then whatever remains, should be given to the closest male relative of the deceased."

According to this law, a man who dies and is survived by only his daughter with no other close male relative except a second cousin, his daughter will receive half of his inheritance and the other half will go to the man’s second cousin. This seems quite unfair to the daughter, but it would be especially unfair if the man had a needy aunt or a female first cousin that would receive nothing because they are of the wrong gender.

Now suppose that a man has no other heir except his wife and a distant male relative. The wife will receive 1/4 and the distant male relative gets the balance, i.e. three times the inheritance that his widowed wife gets. Is this justice?

What if the deceased has no male relative at all? What will happen to the rest of his inheritance? What happens in the reverse case when a wife has no relatives? The husband will receive half of her inheritance; who will get the other half?

Note that in the Quran there is no priority for the distribution of the inheritance. In nowhere it says “first give to these and from what is left, give to those”. Even if we had to reinterpret these laws and prioritize them in the order that they are mentioned, it still does not work because in that case, each subsequent inheritor will have his or her share shrunk. Also in most cases the total inheritance will never be used up. (http://faithfreedom.org/Articles/sina/inheritance.htm)

Answer:

First of all it needs to be appreciated that the prophetic narrative you have referred to is not shariah itself. Rather it is an application by the prophet of a directive of shariah. The shariah directive was that the shares are based on the principle of benefit in kinship. Hence this application can change in changed circumstances.

Second, in most of the cases that you have described the person (if educated on Islam) would be knowing…

Read More

Selling Edibles Containing Chemicals Found In Marijuana

There is this substance called spice in the U.S. And it is sold as incense. But it has the same chemicals as marijuana. Customers use it in order to get high of it. I see a lot of the Muslim brothers selling it in the stores. When I tell them this is haram, they reply “No, we sell it as incense and it is up to the people to use it however they like”. My Question is, is it haram to sell these kinds of things.

Answer:

We believe that when a thing is sold for good purposes and it is misused by some then the sin is upon the users. For example if one sells grapes which can potentially be used as fruit and juice. It can also be used to make wine and strong drinks. This does not mean that sale should be prohibited and declared haram. Therefore, I believe the reply you get from these people is sound as…

Read More

Job In Supermarket Where Alcohol Is Sold

I have a part time job in a supermarket. I have to put alcohol through the tills. I tell myself that I am not selling people alcohol because I am not making profit on it – I am just passing it through the tills. If the supervisor asks me to stock up the alcohol I refuse, saying that I am not willing to make it look tidy, make it more accessible and promote its sale. The first time I had to put a bottle through the till I went home and cried and went in the shower because I felt so dirty. My mum tells me I am being stupid but I don't want to go to hell. I only work there for eight hours a week but I need the money. But is it haraam money? What should I do? It gets more complicated because where I live we are the only Muslim family for miles, since I started working at the supermarket people have started to ask me questions, questions that they wouldn't otherwise have had anyone to pose to had I not been working there (they wouldn't come up to me and ask me in the street.) I am super super polite and I think they've learned a little about Muslims since meeting me - the questions just keep on coming! What should I do? Appreciate a prompt response as I want to do the right thing before I die...

Answer:

I admire your sincerity to remain in the path of Islam.

People do not go to hell for putting alcohol bottles in shelves. They may go to hell if they act contrary to what they have sincerely come to know as the truth.

You are not working in an alcohol shop, you are working in a supermarket that beside other things also sells alcohol.

In an ideal world, if you had other options available to you, then…

Read More

Questions About Inheritance Laws

I have a question regarding the inheritance law. I know and totally convinced of the point of view of Mr Javed Ahmed Ghamidi. However I am facing some confusion regarding this point of view.

In some cases parts of the assets remain after all the stipulated shares are distributed. Who will receive the balance for example 5/12 of the inheritance in some cases?
The following are other cases that after the distribution, there is a surplus of inheritance:
Scenario
fund distributed
surplus
Only a wife:
=
1/4
3/4
Only a mother:
=
1/3
2/3
Only a daughter
=
1/2
1/2
Two daughters
=
2/3
1/3
Only a Sister
=
1/2
1/2
A mother and a sister
=
1/3 + 1/2 = 5/6
1/6
A wife and a mother
=
1/4 + 1/3 = 5/12
7/12
A sister and a wife
In all these cases and many other combinations there is a surplus. What will happen to this surplus? Who will inherit it?
To deal with this problem the law of "usbah" comes to effect. This law is to regulate the unclaimed shares, which have no corresponding people to receive them. Of course if the Qur’an was clear with no errors, there would have been no need for all these “sciences” and amendments.

The law of Usbah is based on the following Hadith. Sahih Bukhari 8. 80. 724
Narrated Ibn 'Abbas: The Prophet said, "Give the Fara'id (the shares of the inheritance that are prescribed in the Qur'an) to those who are entitled to receive it. Then whatever remains, should be given to the closest male relative of the deceased."
According to this law, a man who dies and is survived by only his daughter with no other close male relative except a second cousin, his daughter will receive half of his inheritance and the other half will go to the man’s second cousin. This seems quite unfair to the daughter, but it would be especially unfair if the man had a needy aunt or a female first cousin that would receive nothing because they are of the wrong gender.

Now suppose that a man has no other heir except his wife and a distant male relative. The wife will receive 1/4 and the distant male relative gets the balance, i.e. three times the inheritance that his widowed wife gets. Is this justice?

What if the deceased has no male relative at all? What will happen to the rest of his inheritance? What happens in the reverse case when a wife has no relatives? The husband will receive half of her inheritance; who will get the other half?

Note that in the Qur’an there is no priority for the distribution of the inheritance. In nowhere it says “first give to these and from what is left, give to those”. Even if we had to reinterpret these laws and prioritize them in the order that they are mentioned, it still does not work because in that case, each subsequent inheritor will have his or her share shrunk. Also in most cases the total inheritance will never be used up.

Answer:

First of all it needs to be appreciated that the prophetic narrative you have referred to is not shariah itself. Rather it is an application by the prophet of a directive of shariah. The shariah directive was that the shares are based on the principle of benefit in kinship. Hence this application can change in changed circumstances.

Second, in most of the cases that you have described the person (if educated on Islam) would know that…

Read More

Refusing The Sisters Their Legal Share In Inheritance

My questions relate to problems in inheritance laws. These questions are as follows:

1. Although in Islam 1/3 property is to be inherited by daughter after the death of father. But usually a situation is created in which sisters have to surrender their share totheir brothers. They are pressurized by their mothers especially to surrender their share in favour of brothers. They are also forced by the brothers and other relatives. Ultimately sisters are compelled to surrender their share in fovour of the brothers. Sometimes there is a huge property but that is not divided justly and sisters have to surrender in favour of their brothers. Sisters have to surrendr because they do not want to make their brothers and especaially mothers angry. Can you please guide me and others about this social evil in the light of the Qur’an and Sunnah?

Answer:

First a correction is needed. If there are only daughters, and if they are two or more than two, they shall share equally in 2/3rds of the inheritance left after giving other shares. And in case there is only one daughter, then her share is one half of the inheritance left.

As to the social evil you have pointed to, this is indeed a very sorry state of affairs. Sisters must never be compelled to…

Read More

Bussiness Partnership With A Non-Muslim

I have a small question regarding business of my brother. He has started a restaurant in America under partnership with a Christian. Christian partner has the major share in it. My brother is concerned about earning as the meat being used is not halal though they are not serving any pork item in restaurant. The partner holds the argument that as we are dealing with majority of non-Muslim customer there so there is no point in buying halal meat. Second argument is cost factor as halal meat is expensive. Now this makes my brother doubtful about earning coming out of this restaurant in his pocket.

Could you please throw light on this issue and appropriate step to be taken. May Allah Almighty guide us to the right path!

Answer:

As a general rule, what is Haram is Haram for all human beings, even-though only some people (Muslims and some people of the book) may recognize and appreciate it.

Therefore anything that your brother as a Muslim considers to be Haram to consume then it will be not allowed to be sold by him either.
How this can be implemented in the partnership is an issue that your brother needs to decide about.


Read More

Islamic Banking In UK

I want to bring into your attention a major issue which is related to Islamic banking in UK. A number of Muslim families in west take mortgages (loan) to purchase houses, where the bank charges interest (riba) on the loan. Recently, there are few banks such as HSBC and Islamic bank of Britain who started offering Islamic mortgage based on the concept of Ijara. I have been trying to understand this framework and there are arguments on both sides. Please see the article against these so-called Islamic mortgages.

Answer:

According to our understanding it is only receiving the interest that is Haram and giving it is not Haram. Giving interest may be seen as contributing in Haram if the society is already purified from an interest based economy or is in its way to reach an interest free economy. This was the case at the time of the Prophet (pbuh) but certainly it is not the case at our time.

Accordingly a Muslim,…

Read More

Armament Industry

Can anyone please clarify the position of a country having an armaments industry. Does the Qur’an allow building the industry?

Answer:

None can say that a country producing armament is committing haram. Everyone has the right to develop their defense and enable them to war any oppressor country. However, weapons of mass destruction go beyond this purpose and should never be built. Islam does not allow us to kill innocent lives even during the war. This shows that we should not engage is anything which has the potential to be used wrongly and which causes more…

Read More

Accountancy And Interest

I am a qualified accountant in London. Being an accountant some way or the other you have to do bookkeeping for interest accounts or other accounts which have an interest element in them. There is hardly any institution here which is 100% free from interest or interest related accounts even if they are trading in permissible commodities. There is interest involved in acquiring machinery, premises, cars, loans and others for a business in every organization. The financial system in almost all the countries seems to be somehow based on interest. I would like you to tell if my earnings as accountant are ḥalāl in this situation. I put my confusion below:

Is it ḥarām to calculate and record transactions which are fully or partially related to interest (I do not like it but I have to do this as an accountant) when I am not involved in transactions myself but my company. It does not represent the majority of my work. And is it ḥarām to check or audit such transactions? As an accountant in my situation which part of Hadīth (Sahih Muslim, No. 3881) applies to me, the one who witnesses or the one who records interest or both or none?

Jabir said that Allah's Messenger (sws) cursed the accepter of interest and its payer, and one who records it, and the two witnesses, and he said: They are all equal.

There are rare Islamic institutions. Even the people who build and run these institutions do not come from 100% Islamic institutions otherwise they will not have the practical exposure to manage such institutions. Secondly Islamic institutions are required to be linked with e.g. central banks which are not Islamic. Is it still ḥalāl to work there? Is it ḥalāl to teach accounting qualifications which are not 100% Islamic e.g. teaching about interest as a part of the course? If I have a ḥalāl business I will have to have my accounts and audit done to pay the tax. Would it be ḥalāl to go to such accountants then as I do not think there is any Islamic accounting or auditing firm in the world?

There is hardly any recognized and established Islamic accounting qualification. Islamic institutions to work in are very limited in number. Even to get a job there you need education and experience from institutions which will not be 100% Islamic. If it is still not ḥalāl to work as an accountant there then Muslim ummah will have to give up accounting knowledge to a large extent as there are not enough Islamic platforms available to get 100% Islamic either accounting knowledge and jobs. For instance if I have a child I will never want him to be an accountant because there is no certainty that he will be able to get 100% Islamic accounting qualification and then a 100% Islamic accounting job.

Answer:

It is important to first fully understand and appreciate a religious law and only then try to apply it to our life. The law about interest in the Qur'an is very clear. According to this law, receiving interest is ḥarām and those who do this knowing it is ḥarām are committing a grave sin.

Now in implementing this law, it is obvious that the whole system of interest collection needs to be uprooted and thrown away.…

Read More

The Beautiful Loan

I want to know what does qarz-e-hasna mean? Is the person taking it, supposed to return it back to his creditor?

Answer:

The Holy Qur’an uses the word qarz hasanah to connote spending in order to help and assist the religion of God. This assistance can be financial as well as otherwise. Anything that we spend in the way of Allah, in fact, is bestowed by Him. He did not owe us any of these blessings at all. It is only because of His graciousness that He calls it a loan that we spend it His way.…

Read More

Facilitating Gambling

My wife and I live in Sweden. We come from Pakistan. By profession both of us are Software Engineers. Currently we are working at a company that sells computer games. Quite to be very honest these are Casino games and also card games that can be played on a website or can be played offline. The person playing these games may or may not gamble on these games. But most of the players certainly gamble. Now we are not directly involved in implementing the software for these games. We however integrate them with a website where the player can play online. I guess it might be quite obvious to you that I am trying to enquire about the legitimacy of our job from Islamic point of view.

Answer:

Gambling is Haram and therefore helping with or facilitating gambling is also Haram.

This is the principle. When it comes to application of this principle, we need to appreciate that first, it wasn't you (I presume) that started this business, you are only working for it as employees and second, living in a country as foreigners, some of the support and backups facilities that could have been available to you at Home are less available to…

Read More

Making Up For A Past Wrong

I have a question. When I was fourteen, my friend and I talked about how to make money. I came with an idea that we should start dealing drugs. He had the money so he financed it. However, we soon smoked it up and I stole the drugs from him. I sold some of it and lost the other half. Again I talked him into buying again and stole it from him again. I wonder should I send him the money back. I have no contact with him now but know where he lives.

Answer:

The Almighty is the Tawwāb (Relenting) and Raheem (Oft Forgiving). He always forgives his slaves when they truly repent and give up sinfulness and start living a pious life. Your feeling about the repayment of what you wrongfully devoured of the wealth of your friend is indeed a sign of true faith. I would suggest that you should try to make up for the wrong done and pay your friend if he is no more…

Read More

When To Write A Will

What is the best time to write a will, as death is uncertain? Is it permissible for the husband to bequeath all his wealth to his father? Can a will be executed during the lifetime of the person?

Answer:

We have to understand a couple of things. He is free to give to his children as he desires during his lifetime. A will cannot be used for that purpose. During our lives, this has been left to our discretion whilst observing justice. We give our children something everyday sometimes their tuition fees, sometimes for matrimony.

The laws of inheritance apply after death. We have been allowed only a third of the assets to…

Read More

Illegal Immigrant Workers

I came abroad on work permit for five years. After five years (on expiration of work permit), I did not go back to my country. And now my stay in this country is illegal and I am still earning money. Is this money (earned during illegal stay) is haram or halal? What is the status of my illegal stay with respect to teaching of Islam? What is the status of paper marriage with respect to teaching of Islam?

Answer:

If you have overstayed your prescribed period, then this is a serious violation of contract and must be stopped as soon as you can. Islam lays great stress on fulfilling one's promises and pledges. Giving one's word and then not honoring it is a grave crime in the eyes of Islam. As for the money earned, since this is a product of an illegal activity, it too cannot be regarded as desirable if not prohibited.…

Read More

Career As Chartered Accountant

I have completed an ACCA exam and now I want to do CFA (Chartered Financial Analysist) for that I have registered but few people and are saysing that it' not halal as its all about the shares, stocks and investments etc. Kindly explain. Should I go for CFA or not?

Answer:

There is no harm in appearing for CFA examination. You will only know about the reality of this field when you will study it. Not everything in the stock market is haram. It is only the riba and gambling elements in it that are prohibited. Many Islamic Funds backed by Islamic scholars are running on the basis of investment in stock markets.

I would therefore suggest that you do both CFA as well as improve your…

Read More