Islamic rulings on trade
Mufti Abu Muhammad Ali Asghar Attari Madani
Publishing a person’s book without their permission
Question: What do the scholars of Islam and the Muftis of the mighty Shari’ah say regarding the following matter: It is written on some books, like books of medicine, law, engineering, etc., ‘Copyright. All rights reserved. This can neither be published nor photocopied.’ However, some people make copies of these books and sell them, and people purchase these books and read them. Is this permissible?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Answer: The law gives many rights to publishing houses and authors, and such rights, which are well-known rights, do not oppose the teachings of the Shari’ah either. In light of Shar’i requirements, it is also necessary to act upon such laws, under which, one publisher cannot publish the book of another publisher nor can it be published without the permission of the author. These laws are also implemented in our country, and it is Wajib to act upon them according to the Shari’ah. However, there are many organisations who give open rights, granting permission to anyone to publish, or there are sometimes organisations who are not registered at a national level, due to which the law of the land does not prevent one from publishing their books, so the matter will be different in such a case.
Thus, remains the matter of photocopying; hence, it will be necessary to check what the law says about this. Generally, when students cannot find a book, they photocopy the entire book or some select chapters, but I do not have knowledge of any legal action taking place in such a case. However, if the law does not permit this, then it will be necessary to act upon this too.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
Taking and giving a loan upon the condition of paying insurance
Question: What do the scholars of Islam and the Muftis of the mighty Shari’ah say regarding the following matter: My father works for a company which lends money to employees on the condition that they pay back some extra money alongside the original loan, however, the company itself will not utilise this extra amount, rather, this money will be used to take out insurance to cover the borrowed amount, and the instalments for this insurance will be paid for with this extra money. The insurance will be taken out by the company itself. Please shed light on whether taking a loan on this condition is permissible or not.
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Answer: In the aforementioned scenario, it will be impermissible and Haram to take out a loan on the condition that money will be taken from the debtor for insurance, because any benefit that is conditioned upon a loan is interest, and interest is Haram and an act that leads to Hell.
Also, one should keep the following ruling in mind: Taking out insurance, whether it is insurance for life or wealth, it is impermissible and sinful in any case. Therefore, the company should only offer loans without any insurance and profit. Sadr al-Shari’ah, Badr al-Tareeqah, Mufti Muhammad Amjad Ali A’zami رَحْمَةُ الـلّٰـهِ عَـلَيْـه writes: “If he gave a loan and stipulated that he will take back more than what he lent, as is the case of those who consume usury today who stipulate a monthly interest of one or two rupees on every 100 rupees, then this is Haram. Likewise, if any condition of benefit is stipulated, it is impermissible, for example, the condition that the debtor will purchase something from the creditor at a greater price.” (Bahar-e-Shari’at, Vol. 2, p. 759)
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
Buying goods on the condition they can be returned
Question: What do the scholars of Islam and the Muftis of the mighty Shari’ah say regarding the following matter: Can we carry out our work in clothing by agreeing a rate with the shopkeeper and then taking the goods, but we will only give him the money once we have sold the goods? Similarly, can we make an agreement with the shopkeeper that if any goods are left, we will return them to him?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Answer: Placing a condition that you will pay the money after the goods have been sold is not correct, such a condition makes the goods impermissible and the income is non-Shar’i. You should look at the season and then estimate how many months it will take this season, and then fix an appropriate time for the payment. For example, if you estimate that it will take three months to sell the goods during Ramadan and Eid season, keeping ease for yourself in mind, you can fix a time of four months instead of three, and agree to pay the money in four months. By doing this, no doubt will remain regarding the paying of the money for the borrowed goods.
It is necessary that both, the seller and the purchaser of the borrowed goods, agree on the time in which the money will be paid.
Similarly, in regards to the second case, where the condition of returning any unsold goods is stipulated, this is also incorrect. However, if it is a case of Khiyar-e-Shart, one has the option of returning the goods within three days. Any condition besides this cannot be stipulated, for buying and selling transfers ownership, thus, once you have purchased something and you have taken possession of it, it has come into your ownership, so if you lose it, it is your loss; it has no connection with the seller now and he has the right to demand its price from you. He has no link with the goods now. Besides Khiyar-e-Shart, it is valid for him to reject the return of the goods in any other case.
However, if the shopkeeper himself stipulates that he has sold the goods and no longer has any connection to them, but says that if they do not sell then bring them and I will look at them and take them back, then if the shopkeeper takes them back willingly and without any coercing, he can do so, and he will take them back at the same price that he sold them. Nevertheless, if he purchases them again via a new transaction, then the price can be negotiated.
Meaning, if the original contract comes to an end, then it will be at the original price, but if a new transaction takes place, then it can be for a different price.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
Paying on someone’s behalf from your account and taking extra money from them
Question: What do the scholars of Islam and the Muftis of the mighty Shari’ah say regarding the following matter: How is it for me to make a payment on someone’s behalf from my account and take extra money from them for this?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Answer: There are many intricacies in the exchanging of currency, and interest can be found in many such transactions.
For example, if a person says to another that I do not have any money, so pay on my behalf now and I will pay you back in two days, and will pay you back extra in addition to the amount you pay. In reality, one person has given the other person a loan, and the lender is taking an extra amount for the loan, therefore, this is interest.
If this is taking place in the aforementioned scenario, then this is clearly interest. However, if the purport is that he is not taking any extra amount for the money given, rather, he is paying back any costs that were incurred for transferring the money, it is not interest in this case; he can take the amount that was charged for transferring the money.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
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