What is the
Islamic ruling on selling the clothes used by the Kuffar (unbelievers)?
Question 1: What do
the blessed ‘Ulama [Islamic scholars] state regarding the following matter: I
have a handcart for [selling] old clothes which contains the clothes used by
the Kuffar [unbelievers] as well. It is possible that there may be Najis
[impure] clothes also along with Taahir [pure] ones. So is it permissible for
me to sell clothes like this? Suppose I even know about a particular cloth that
it is Najis, what is the Islamic ruling on selling it?
اَلْجَوَابُ
بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
It is permissible
to sell the clothes in both the cases whether they are Taahir or Najis.
However, the clothes will be considered to be Taahir as long as it is not known
that they are Najis. If you know with certainty about a particular cloth that
it is Najis, buying and selling it will be permissible even then, but the buyer
must be informed [about it] so that he does not use it without making it
Taahir.
وَاللہُ
اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ واٰلِہٖ وَسَلَّم
After which
Jumu’ah Azan have we been commanded to stop business?
Question 2: What do
the ‘Ulama state regarding the following matter: On Jumu’ah, at which Azan have
we been commanded to stop business?
اَلْجَوَابُ
بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
As soon as the
first Jumu’ah Azan is called out, it is Wajib [compulsory] to stop business and
do Sa’ee[1]
for Jumu’ah [Salah]. It is impermissible and a sin to buy and sell something
after the Azan is called out. Sadr-us-Shari’ah, Badr-ut-Tareeqah, ‘Allamah
Maulana Mufti Muhammad Amjad Ali A’zami رَحْمَۃُ اللہِ تَعَالٰی عَلَیْہِ has stated: Sa’ee is Wajib as soon
as the first Azan is called out and it is also Wajib to leave Bay’ [بیع]
[sale and purchase] and other activities which obstruct Sa’ee; it is
impermissible even if one buys or sells while walking on the path, and buying
and selling in the Masjid is a grievous sin. (Bahar-e-Shari’at, vol. 1, pp. 775)
وَاللہُ
اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ واٰلِہٖ
وَسَلَّم
What is the
Islamic ruling on doing trade or a job without learning the Shar’i laws?
Question 3: What do
the blessed ‘Ulama and Muftis [Islamic jurists] state regarding the following
matter: If a person conducts trade without learning the laws of trade or a
person does a job without learning the laws of Ijarah [employment], will his
earnings be Halal or not?
اَلْجَوَابُ
بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
It is Fard for a
trader to learn the necessary Shar’i laws of trade and for an employee to learn
the necessary Shar’i laws of employment and Ijarah; not learning these laws is
a sin. However, if someone conducts business or does a job without knowing the
Shar’i laws and any such thing is not found which makes the earnings Haraam,
then earnings of such a person will be regarded as Halal. Furthermore, if any
such thing is found which makes the earnings Haraam such as receiving full
price in trade after weighing less or receiving salary in employment by marking
false attendance despite being absent from work, then only that amount of
earnings will be Haraam which is equal to the extra price received by weighing
less or is equal to the salary which is received for the day whose false
attendance was marked. The complete earnings of the person who does not know
the necessary Shar’i laws is not Haraam. However, it is a fact that the people
who do not know the Shar’i laws keep committing mistakes more. At times, even
their earnings become Haraam but they are unaware of it.
وَاللہُ
اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ واٰلِہٖ
وَسَلَّم
Definition of
Ihtikaar [احتکار] and its ruling
Question 4: What do
the blessed ‘Ulama state regarding the following matter: What is Ihtikaar and
what is its ruling?
اَلْجَوَابُ
بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Ihtikaar is
strictly forbidden, impermissible and a sin. There are many Ahadees which
condemn it.
Sayyiduna Umar Bin
Khattab رَضِىَ اللہُ تَعَالٰی عَـنْهُ has narrated that the Beloved Rasool صَلَّی اللہُ تَعَالٰی عَلَیْہِ وَاٰلِہٖ وَسَلَّمَ said: Allah عَزَّوَجَلَّ will make such person suffer from leprosy
and poverty who stopped grain from [reaching] the Muslims. (Mishkat-ul-Masabih, Juz:
2, vol. 1, pp. 535)
The literal meaning
of Ihtikaar is: To hoard something, waiting for a rise in its price. In the
Shar’i terminology, Ihtikaar means: To hoard anything which is the basic food
of the humans or animals with the intention of selling it when its price will
rise, provided that the people face difficulty in case a person does not sell
it, and that thing is purchased from the city or near the city. Therefore, if
people do not face difficulty in case a person does not sell it or that thing
is the produce of a person’s own farm or he has brought it after purchasing
from a faraway place, then hoarding in these cases is not included in Ihtikaar.
A’la Hadrat,
Imam-e-Ahl-e-Sunnat, Maulana Shah Imam Ahmad Raza Khan رَحْمَۃُ اللہِ تَعَالٰی عَلَیْہِ has
stated: It is Makruh and forbidden to hoard grain with the intention of selling
it when its price will rise, provided that the person has purchased it from the
same place or from its nearby place and people will face difficulty in case he
does not sell it. However, there is no harm if a person brings grain after
purchasing from a faraway place and does not sell it, waiting for its price to
rise, or the creation does not face difficulty in case he does not sell it. (Fatawa Razawiyyah, vol.
17, pp. 189)
Sadr-us-Shari’ah,
Badr-ut-Tareeqah, ‘Allamah Maulana Mufti Amjad Ali A’zami رَحْمَۃُ اللہِ تَعَالٰی عَلَیْہِ has
stated: Ihtikaar i.e. hoarding grain is forbidden and a grievous sin. Its form
is: A person purchases grain when there is its shortage and does not sell but
hoards it to sell it at a very high price when the people become very anxious.
However, if this is not the case but he purchases grain in harvesting season
and hoards it and then sells it after some days when its price rises, it is
neither Ihtikaar nor forbidden. There is no Ihtikaar in things other than the
grain. (Bahar-e-Shari’at,
vol. 2, pp. 725)
وَاللہُ
اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ واٰلِہٖ
وَسَلَّم
What is the
Islamic ruling on selling counterfeit products?
Question 5: What do
the blessed ‘Ulama state regarding the following matter: A company made a
product and started selling it in the market. Someone else is now making
counterfeit copy of this product with the same name and selling this
counterfeit product at a low price in the market by using the name of the
actual company. What is the Islamic ruling on it? Moreover, what is the Islamic
ruling on supplying this product and selling it to the customers?
اَلْجَوَابُ
بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
It is Haraam to
make counterfeit product by using the name of any company and sell it to the
buyer without informing, as it is deception and selling the goods by deceiving
is impermissible and Haraam. Trade conducted by a Muslim must be free from all
Shari’ah-prohibited acts like telling lies, breaking promises and deceiving.
There are many Ahadees which condemn these acts.
وَاللہُ
اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ واٰلِہٖ
وَسَلَّم
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