Islamic Rulings on Trade
Mufti Abu Muhammad ‘Ali Asghar ‘Attari Madani
What are the Precautions of taking a Loan from Tenants?
Q: What do the noble scholars say about this matter: I have rented out a shop. So, can I take a loan from the shopkeeper?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
A: It is permissible to take a loan from a tenant but be careful, as it is not permissible to reduce the rent of the shop in comparison to market prices as a result of taking the loan. It should not be the case that the shopkeeper gives a loan in exchange for reduced rent. This is impermissible, as profiting from a loan is usury. The hadith is clear: “Every profit acquired from a loan is usury.”[1] Therefore, it is impermissible to give profit in exchange for the loan. It is permissible, however, to take a loan from a tenant without giving profit in return.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
Ethical hackers
Q: What do the noble scholars say regarding this matter: I am a software developer and an ethical hacker. Companies hire us to develop software for them, and then ask us to hack said software. This exposes any weaknesses and allows us to make it fool-proof. Some companies hire people like myself to hack the systems of other companies; is this permissible?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
A: The noble Prophet صَلَّى الـلّٰـهُ عَلَيْهِ وَاٰلِهٖ وَسَلَّم said: لا ضرر و لا ضرار فی الاسلام - “Islam does not allow [you to cause] harm or severity.”[2]
If a company hires you to find weaknesses in their software, and you remain within the scope of that company, your work is permissible. It is permissible to hack the software of the company that hires you, as it is a means of evaluating the software and assessing potential weaknesses. However, it is impermissible to hack the software of another company. You cannot cause loss to others by hacking their website or software, nor can you invade people’s privacy. Whenever a hacker hacks a company’s website or software, it is usually for the purpose of causing loss, such as halting or suspending website services, damaging someone’s privacy, leaking or stealing important documents, because the privacy of a competitor is a great weapon, and knowing their plans is priceless knowledge. Hence, it is impermissible to hack a system to steal valuable information, suspend a company’s services or invade someone’s privacy.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
Currency when paying a loan
Q: What do the noble scholars say regarding this matter: A person living in the UAE gave his friend in Pakistan a loan. When the loan was given, the currency in which the loan should be paid back was not stipulated. Four or five years have passed, and the value of the Pakistani currency has declined substantially, whereas the value of the UAE dirham has increased. If he asks for the loan to be paid in Pakistani rupees, he will be at loss. Can he seek the repayment of the loan in UAE dirhams? He argues that as the loan was given in dirhams, it should be returned in dirhams.
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
A: It is not usually the case that someone travels to Dubai and returns with dirhams as a loan. Rather, the loanee will usually receive the money in Pakistani rupees. Therefore, seeking the repayment of the loan in the original currency is the right of the lender. If he gave the loan in dirhams, it is his right to seek its repayment in dirhams. However, if he gave the loan in Pakistani rupees, he would receive Pakistani rupees in return. He must not think that because I sent the money and loan from the bank, it has become an investment. This will not be taken into consideration at all. He will receive what he gave in the exact amount and form of currency, even if he gave it in dirhams. However, because the loanee received the loan in Pakistani rupees, it is a principle of Islamic law for the loanee to return the loan in the exact amount and form he received it in. Hence, the loanee is only bound to return the amount of Pakistani rupees he received as a loan.
Mufti Amjad Ali A’zami رَحْمَةُ الـلّٰـهِ عَلَيْه states:
The ruling of a loan is that whatever is taken must be returned as it is. The value of the item increasing or decreasing will not be considered when paying it back. Ten seers of wheat are taken as a loan and their value was one rupee. When repaying the loan, the value of the wheat increased or decreased by one rupee. This will not be taken into consideration at all. The ten seers of wheat must be returned ˹regardless of the change in price˺.[3]
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
Leading the nikah ceremony without specifying the payment
Q: What do the noble scholars say regarding this matter: can one lead the nikah ceremony without specifying a wage?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
A: It is necessary to specify the remuneration for any activity which is commonly remunerated or the employer and employee expect payment to be made for the activity. This is because this is a matter of employment and wages. Not specifying a wage can cause conflict, which Islam prohibits. Those who lead the nikah do so with certainty of receiving something. The family involved are also wary of giving something in return. This is a scenario of employment. Therefore, if the wage is not specified as per societal norm, then both parties must specify a wage beforehand.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
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