Dar al-Ifta Ahl al-Sunnah

Mufti Abu Muhammad Ali Asghar Attari Madani

Ruling on a builder demanding more money than agreed

Question: What do the scholars of Islam say regarding the following. Two years ago, I purchased a flat in a building that is still under construction. I paid a builder 6.3 million rupees for this, and even paid a portion of the sum in advance. As the price of concrete and iron rods have risen drastically since, the builder is now asking me for more money. Is it right for him to do this despite the fact we previously agreed a deal?

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

Answer: In the scenario described by the questioner, it is impermissible for the builder to ask for more money after having agreed the deal.

The detailed ruling concerning this is as follows. Purchasing a flat in a building under construction is known as bayʿ istiṣnāʿ. According to the muftā bihī qawl, undertaking bayʿ istiṣnāʿ makes the agreement binding, rendering the buyer and seller unable to turn away from the agreement. In the question asked, as the price was agreed upon, it is now the builder’s responsibility to build a flat in exchange for the agreed upon amount. Islamic law does not permit him to increase the rate of his own accord.

Having said this, if both parties mutually agree to nullify the old agreement and form a new agreement, there is scope for mutually agreeing a new total. However, there must be no compulsion or forcing in this matter. Sometimes, builders place their customers under compulsion or increase prices of their own accord without mutual agreement; this is impermissible.[1]

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم

The intention for observing a missed (qaḍāˈ) fast

Question: What do the scholars of Islam say regarding the following. Zayd fell asleep with the intention that if he awoke at suhoor, he would make up for a missed (qaḍāˈ) fast. However, at the time of suhoor, Zayd forgot to make the intention to make up for a missed fast. Instead, he observed the fast having made the intention to fast in general. In the morning, he remembered he wanted to fast to make up for a missed fast.

In these circumstances, can Zayd now make the intention in the day that he is making up a missed fast? By making the intention in the day, will his missed fast be made up for?

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

Answer: In the given scenario, the fast Zayd missed will be made up for. The details concerning this ruling are as follows. The intention to make up for a missed fast must be made at night or exactly at the break of dawn (ṣubḥ ṣādiq). After this, the intention to observe a missed fast is not valid. Zayd intended at night to make up for a missed fast, and although he partook in suhoor intending to fast in general, at no point did he retract his intention to make up for the missed fast. Hence, as he intended at night to make up for a missed fast, the fast he observed will be regarded as the one he missed.[2]

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم

Being unable to perform qurbānī during hajj qirān and not fasting three days before Arafah

Question: What do the scholars of Islam say regarding the following. An individual performing hajj qirān or ḥajj tamattuʿ who does not have the ability to perform qurbānī, must observe ten fasts. Three of these fasts are to be observed before the day of Arafah, and the remaining seven after the days of hajj. What does Islamic law say regarding a person who reaches the day of qurbānī without having observed three fasts before the day of Arafah? Will he fast or perform qurbānī?

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

Answer: In the question asked, such an individual must now perform qurbānī; observing a fast will not fulfil the necessity (wājib) of performing qurbānī.

It is stated in 27 Wajibat-e-Hajj aur Tafseeli Ahkam that if one did not fast three days before the ninth of Dhu al-Hijjah and the day of sacrifice (naḥr) arrives, it will now be insufficient to fast; one must perform qurbānī. If one does not do this, not only will the responsibility of qurbānī remain, but delaying it will mean an expiation (dam) is mandatory.[3]

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم

If a ṣāḥib al-tartīb did not offer his missed (qaḍāˈ) salah and began the next

Question: What do the scholars of Islam say regarding the following. An individual who is ṣāḥib al-tartīb missed his fajr salah. Later, whilst he was offering ẓuhr salah alone, he suddenly remembered after completing one unit (rakꜤah) that he had not offered the fajr salah he missed. Should he have continued offering ẓuhr salah or discontinued it? Note that a lot of time remained for ẓuhr salah.

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

Answer: In the question presented, the ẓuhr salah became invalid (fāsid). The ṣāḥib al-tartīb must first perform the fajr salah he missed, and then begin ẓuhr salah anew. If someone who is ṣāḥib al-tartīb remembers he has missed a salah, it is necessary for him to offer this first and then offer the salah of the time.

If whilst offering the salah of the time, a ṣāḥib al-tartīb remembers that he must make up a salah he missed, and there remains so much time for the current salah that it can be offered after having offered the missed salah (as is the case in the question asked), the salah of the time becomes invalid.

Hence, it is necessary upon the individual who is ṣāḥib al-tartīb to first offer the fajr salah he missed and then offer ẓuhr salah.[4]

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم