Islamic Rulings on Trade
Mufti Abu Muḥammad Ali Asghar Attari Madani
1. Launching a housing society using forged documents
Q: What do the scholars of Islam say regarding the following matter: some developers launch housing societies by producing forged ownership documents. When the real owner of the land finds out about this, he takes the matter to court, and the court rules in his favour. In such a case, what protection does Islamic law offer to the one who purchased a plot from the fraudulent developer?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
A: In the above-mentioned case, selling the land without the permission of the real owner is impermissible and a sin, in fact, it entails several sins. As such, it is necessary for the person who committed such a thing to repent.
After the court has ruled in favour of the real owner, he has the choice to either approve or annul the sale that took place between the developer and the buyer. If the owner wishes, he can leave the agreement as it is and take payment for the land, or he can annul the agreement that took place and keep his right of ownership.
If one buys a plot from a developer that used forged documents to sell another’s property, such a person will be reimbursed the amount they paid, in all cases. If the buyer wishes, with the agreement of the seller, he may terminate the contract and take back the amount that he paid, or he may recoup the amount he is owed by means of a legal case.
In explaining the ruling in relation to making use of another’s property without their permission., the Hanafi jurist ʿAlāʾ al-Dīn al-Ḥaṣkafī رَحْمَةُ الـلّٰـهِ عَلَيْه writes:
لا يجوز التصرف في مال غيره بغير إذنه ولا ولاية
“It is not permissible to use another’s property without his permission and authority.”[1]
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
2. Job of producing forged documents
Q: What do the scholars of Islam say regarding the following matter: Zayd works for an individual who sends people overseas. It is Zayd’s job to prepare the required documents for the clients. These documents falsely show that the clients own properties and businesses, but in reality, they do not possess these properties, businesses or money. Meaning, it is Zayd’s role to produce false documents. Is it permissible for Zayd to do such a job?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
A: It is not permissible for Zayd to do such a job, because he is showing that these people own properties and businesses which they do not actually have. Writing lies for people like this is equivalent to aiding them in executing sinful actions, and it is impermissible to be involved in such employment which involves sinful actions or aiding in sin.
In relation to lying, Sayyidunā ʿAbdullah b. Masʿūd رَضِىَ الـلّٰـهُ عَـنْهُ narrates that the Messenger of Allah صَلَّى الـلّٰـهُ عَلَيْهِ وَاٰلِهٖ وَسَلَّم said:
اياكم والكذب، فان الكذب يهدي الى الفجور، وان الفجور يهدي اِلى النار
“Do not lie, for lying leads to abhorrent sins which in turn lead to the Fire.”[2]
Regarding the prohibition of aiding others in sin, Allah Almighty states in the Quran:
وَ لَا تَعَاوَنُوۡا عَلَی الۡاِثۡمِ وَ الۡعُدۡوَانِ ۪
“Do not help one another in sin and injustice.”[3]
The Reviver of Islam, Imam Ahmad Raza Khan رَحْمَةُ الـلّٰـهِ عَلَيْه writes, “Work which involves carrying out something impermissible is totally unlawful.”[4]
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
3. Working in a bank
Q: What do the scholars of Islam say about the following matter: if we cannot find any other job, can we work in a bank that deals with interest?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
A: It is unlawful to take up employment which involves giving or taking interest, preparing documents for interest-based contracts and agreements, being a witness to such dealings, and aiding others in such acts. Therefore, if working in a bank will entail the above-mentioned responsibilities, it will be haram to work there.
If your employment at the bank does not involve these responsibilities, such as being a driver or security guard, then such a job will be permissible. Sayyiduna Jābir رَضِىَ الـلّٰـهُ عَـنْهُ narrates:
لعن رسول اللہ صلَّی اللہ تعالیٰ علیہ وسلّم اٰکل الربا وموکلہ وکاتبہ وشاھدیہ وقال ھم سواء
“The Messenger of Allah صَلَّى الـلّٰـهُ عَلَيْهِ وَاٰلِهٖ وَسَلَّم cursed the one who accepted interest, the one who gave it, the one who wrote a usurious document, and those who bore witness to it, and he صَلَّى الـلّٰـهُ عَلَيْهِ وَاٰلِهٖ وَسَلَّم said they are equal.”[5]
The Reviver of Islam and Imam of Ahl al-Sunnah, Imam Ahmad Raza Khan رَحْمَةُ الـلّٰـهِ عَلَيْه writes, “If employment involves accepting interest, demanding it, recording its amount, or any other impermissible action, then this ˹job˺ is impermissible.”[6]
Being unable to find any other work is often used as an excuse, because other permissible jobs that pay less are available, but people are averse to such. Therefore, this is not a valid excuse. In any case, it is necessary to adopt a halal and permissible means of earning a living.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
4. Charging for teaching the Quran
Q: What do the scholars of Islam say about the following matter: my mother teaches the Quran to children in her home, and she takes a fee for this. Is it permissible for her to take this money and use it?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
A: Looking at the current era and keeping in mind the importance of preserving religious hallmarks, the later scholars gave a dispensation and permitted Quran teachers to be remunerated. Therefore, it is permissible for your mother to take money for teaching the Quran and to use that money. However, it is necessary that when stipulating the basic conditions of the payment, the agreement should be made with the parents of the children.
The Reviver of Islam, the Imam of Ahl al-Sunnah, Imam Ahmad Raza Khan رَحْمَةُ الـلّٰـهِ عَلَيْه writes:
It is permissible to take remuneration for teaching the Glorious Quran and other religious sciences, as well as for giving the azan and leading the prayers. The later jurists have permitted ˹this˺ for the sake of preserving religious hallmarks and the faith. However, in accordance with the default principle, ˹taking remuneration˺ for other acts of obedience, such as visiting of graves, and reciting the Quran for the deceased and mawlid gatherings is still prohibited.[7]
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
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