Laws of Trade
Mufti Abu Muhammad Ali Asghar Attari Madani
Ruling on tour guides in the Ḥaramayn taking commission from shopkeepers?
Question: What do the scholars of Islam say regarding the following: we take people to visit holy sites in Arabia. Sometimes, the vehicle stops at shops during the journey and we agree beforehand to take 200 riyals from the shopkeepers every time the vehicle stops. We will take 200 riyals irrespective of whether the people shop a little, a lot or not at all. Is taking this commission permissible?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Answer: The method of taking brokerage from the shopkeepers described in the question is impermissible and a sin. According to societal norms, the main purpose of a broker in brokerage is to establish a contract between two parties, but this is not the case in the scenario of the questioner. This is why the drivers receive money from the shopkeepers, even if the visitors do not purchase anything from the shop. Whilst referring to the details in the question, it is clear the brokerage was agreed upon the basis of merely bringing people to the shop, without a contract between two parties, which is not a benefit worthy of remuneration according to common practice. Hiring on the basis of a benefit, which is not worthy of remuneration according to common practice, is invalid. Therefore, the agreement mentioned in the question is void.
If in the application of jurisprudential reasoning upon this scenario, the establishment of brokerage is not accepted, but rather it is said that the driver is only hired to bring people, then this hiring is also invalid. This is because hiring a person to bring all types of people, those interested in buying and those who are not, is not common practice. If the driver or tour guide is ajīr khāṣ for the visitors, meaning he is hired for a specific time frame, he will be considered to be working for the shopkeepers during the hours he has already sold, without the permission of the visitors, which is impermissible. Visitors book tour guides and vehicles to visit sacred sites in the Ḥaramayn and they usually have no intention of going to the shops. Rather, this is an unannounced route, which the visitors find out about once they arrive at the shops.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
Murābaḥah is an excellent solution to avoiding interest
Question: What do the scholars of Islam say regarding the following: Zayd comes to me and requests a loan in order to buy a freezer or motorcycle. I tell Zayd I will buy the freezer from the shop, so he pays the instalments and profit to me instead of the shop. He agrees and goes to the shop with me and I purchase the freezer or motorcycle for him with cash. What is the legal ruling regarding this? What is the meaning of taking possession? Do I have to keep the motorcycle at home for one or two days before giving it to Zayd, or does it mean I have to make a receipt on my name?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Answer: In the scenario of the question, going to the shop with Zayd, purchasing a freezer or motorcycle and selling it to him for profit after taking possession of it is permissible. This is termed murābaḥah. It is not necessary to keep the motorcycle at your home for one or two days, rather it is sufficient for you to be present with the product, whereby the shopkeeper allows you to take possession of it and you are able to do so without any obstacles. In Islamic jurisprudence, this type of possession is called takhliyah. Once you have possession of the product, whether it is physically or through takhliyah, it is permissible for you to sell it to Zayd. Merely having the receipt made out in your name is not sufficient to establish ownership in Islamic law. When someone is obliged to tell you the cost-price of a product when selling, this type of contract is called murābaḥah. This is the scenario described in the question, and this is an excellent way of avoiding interest. However, whenever buying and selling something, it is necessary to fulfil the basic requirements and conditions of trade according to Islamic law.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
What is the ruling regarding money taken as a bribe?
Question: What do the scholars of Islam say regarding the following: if someone fell victim to the ploy of the devil and took money as a bribe, can he give it to someone needy in order to be forgiven?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Answer: Bribery is forbidden and it leads to hell, and the one who accepts a bribe is not the owner of the wealth. Therefore, it is essential for him to repent first and then return the money to whoever gave it to him. If the person is not alive, it can be given to his inheritors. If he gave the money to a poor person despite the presence of the owner, he will not be absolved. However, if he has tried his utmost to find the owner and his inheritors but is unsuccessful and has no hope that he will find them, it can be given on their behalf as charity to a poor person. However, if one finds the owner or his inheritors in the future and they do not agree with giving the money to the poor, he must return their wealth.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
How is it for cricket teams to play for money?
Question: What do the scholars of Islam say regarding the following: a cricket tournament is held in our area and teams pay a fee to enter. This money is collected by management and they give it to the victors of the tournament. The rest of the teams receive nothing. How is it to play in this tournament and is it permissible to take the prize money?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Answer: Playing in this tournament is gambling, which is forbidden and a major sin. It is also forbidden for the winning team to take the money given by the other teams. Every team in the tournament places a bet in hope of winning their own money back along with everyone else’s, and the teams that are eliminated lose everything. This is a form of gambling because they are risking their stake in hope of winning a larger amount of money.
Allah Almighty states with regards to gambling:
یٰۤاَیُّہَا الَّذِیْنَ اٰمَنُوْۤا اِنَّمَا الْخَمْرُ وَ الْمَیْسِرُ وَ الْاَنْصَابُ وَ الْاَزْلَامُ رِجْسٌ مِّنْ عَمَلِ الشَّیْطٰنِ فَاجْتَنِبُوْہُ لَعَلَّکُمْ تُفْلِحُوْنَ (۹۰)
O you who believe! Indeed, alcohol and gambling and idols and the (casting of) arrows to determine fate are impure, satanic deeds. So, refrain from them that you may attain success. [1]
The reviver of Islam, the Imām of Ahl al-Sunnah, Imām Aḥmad Razā Khan رَحْمَةُ الـلّٰـهِ عَـلَيْه defined gambling like so:
Rolling dice for a hopeful fancy is gambling.[2]
The wealth acquired from gambling is forbidden, as written in Fatāwā Riḍawiyyah:
Money gained from interest, theft, usurping and gambling is definitively forbidden.[3]
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
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