The Creed of Compassion-Islamic Teachings & Answering Doctrinal Misconceptions

Issue No.1842- The formula of compromise can be pronounced in Arabic, English or any languages. Rather, any practical step which clearly indicates that the two parties involved want to compromise through it will be sufficient.

Issue No.1886- If a person who dyes fabrics agrees to dye a cloth, for example, in a specific way, but he dyes it in a different way, he has no right to claim wages, rather, if he has damaged the cloth, or has caused it to lose its value, he is responsible. This rule also applies to tailors, shoemakers, etc.

Issue No.1889- It is not allowed as an obligatory precaution for the landowner or the farmer to agree that a certain quantity of the crop, (for example, a ton) will belong to him, and the remaining quantity will be divided between them.

Issue No.1893- The landowner and the farmer cannot cancel the contract of Sharecropping without each other’s consent. However, if they had agreed in the contract that one or both of them would have the right to cancel, they act according to the agreement.

Issue No.1921- If a person dismisses his agent, he (the agent) cannot perform the task entrusted to him after he is informed of his dismissal. However, if he has already performed the task before the news regarding his dismissal reaches him, it will be in order. An agent can relinquish the agency whenever he wants to, even though the principal may be absent.

Issue No.1936- As we said earlier, the executor can leave the task incomplete. However, if his failure to complete the task causes harm to the person who appointed him, he should complete it, and if he does not do so, he is responsible. For example, if a person tells the surgeon, “If you operate on my eye, I will give you this much money”, and he starts the operation yet suddenly he chooses to not complete the operation and this may harm the eye in this case he has no right to demand his fees from the employer, and he will also be responsible for the loss and the damage.

Issue No.1937- If the executor leaves a job incomplete, for instance, he looks for the lost property for a while and then gives up looking, he has no right to demand any wages. Similarly, if doing a part of the job is useful, like sewing part of a dress yet the wages fixed was for the completion of the work, he still would not be entitled to demand wages. However, if his intention was that he would receive wages for whatever amount he did, he should give the tailor the wages for the amount of work he has done.

Issue No.1940- The quantity and the commodity which is lent should be specified; also both the creditor and the debtor should be mature and sane, and they should not be mentally incompetent or should not have been prohibited from having discretion over their property, and they should take action with their own free will and intention, and no force, compulsion or jest should be involved.

Issue No.1943- If the creditor demands his debt at the time he is entitled to, and the debtor is in a position to pay it he should pay it immediately, and if he delays the payment, he has committed a sin. However, if the debtor does not possess anything other than the house he resides in, the household effects, and other essential objects, the creditor should wait and he cannot compel him to sell the things he needs. However, the debtor should endeavour to repay his debt through trade and work or other lawful ways to earn some money to pay his debt.

Issue No.1961- If the person to whom the debtor referred is not indebted to him, he cannot demand the amount of the ḥawālah from the person who gave the referral before honouring it. And if the creditor compromises for a lesser amount, the person honouring the referral should demand only that sum which he has paid from the person who gave referral.

Issue No.1963- If the debtor, the creditor, and the person to whom the referral is given agree among themselves that all of them or any one of them has a right to cancel the transfer, they can do so in accordance with the agreement.

Issue No.1967- A person can mortgage the property which he can legally utilise, and if he mortgages the property of another person, it will not be in order, unless the owner of the property permits it. Therefore, in case the owner of the property says to the creditor, “I mortgage this property against the debts of that fellow”, and the creditor accepts it, the mortgage will be in order.