Issue No. 2336- If a person, sick with an illness that eventually leads to his death, while being completely conscious and aware, bestows something on someone and submits it to him, or gives significant or insignificant discounts to his customers, it will be in order, although the recommended precaution is to come to a compromise with the heirs regarding the excess of the 1⁄3of his property.
Issue No. 2350- If a person says that he is the executor of the will of a dead person and is allowed make use of his property in such and such way or that the dead person had appointed him as the legal guardian of his children, his statement should be accepted in case two just men confirm it.
Issue No.2395- If one’s permanent wife dies and has no children, the husband inherits half of her property, and the remaining half is given to her other heirs. If she has children from that or another husband, her husband will get one-fourth of the property, and the remaining part will be inherited by her other heirs.
Issue No.2417- If the silence of the scholars or others leads to strengthening or confirmation of the oppressor or causes him to be encouraged towards committing haram acts, it is obligatory upon them to express the truth and to denounce the falsehood, though it may not yield an immediate effect.
Issue No.2418- If, by way of entering a tyrant and unjust government, some faithful Muslims (mu’minīn) or scholars can prevent the occurrence of mischief and corruption, it is obligatory upon them to undertake such tasks. However, if it entails a more important evil, for example, it causes people’s beliefs to become weak or if it causes them to lose their confidence in the scholars, in this case, it is not permissible.
Issue No. 2423- If a person knows that there is both halal and haraam money in the bank but does not know whether the money he takes from the bank is from the haraam money or the halal money, there is no harm in taking it. However, if he is sure that it is from the haraam money, it is not permissible to appropriate it and the money is treated as a property whose owner is unknown, in which case, it should, as an obligatory precaution, be given as alms (sadaqa) in the way of Allah on behalf of its owner, with the permission of the Mujtahid. And in this issue there is no difference between domestic and foreign banks, government and non-government banks.
Issue No. 2425- There is no objection in bank or commercial drafts when a bank or a merchant takes some money from someone in a place and orders the bank or his agent in another place to pay him and he gets wages for the transfer of the money from the owner of the money. This transaction is halal, irrespective of whether the commission for the transfer is deducted from the transferred money or is taken separately from the owner. Similarly, if a bank or another institution gives some money to a person and orders that he should pay the money to the branch of the bank or to a particular person in another place, and if the bank or the institution charges some money as a commission for this transfer, there is no harm in it.
Issue No. 2426- If mortgage banks and others give a loan with interest on it and get something as its mortgage, both the loan and the mortgage are void and haraam. And the bank has no right to sell the mortgaged property in order to get its own dues. And if someone buys it he cannot possess it.
Issue No. 2427- There is no harm or problem in what the Qarz ul-Hasanah Funds (Boxes) usually get as commission and wages for rendering services like, maintaining and keeping the accounts of instalments, and such-likes. However, the obligatory precaution is that this amount should be in appropriate proportion to the services and expenses of the bank. Hence, one cannot take the interest or mark-up in the name of commission or wages for services. Qazul Hasanah Funds cannot lay down a condition for interest while giving a loan. For example, they cannot say that they will give a loan on the condition that the client should pay a work-wage. And if they are taking the wage, it should be something separate from the loan.
Issue No. 2428- Some of the Qarz ul-Hasanah Funds invest their capitals in trade or production related activities so that they may earn part of their expenses or may make up for the losses they suffer in the process of giving loans. This is permissible provided that the owners of the money should have been informed and should have given their consents in this respect, and also the accrued income is used only for the expenses of the bank or the Fund.
Issue No. 2436- After the expiry of a lease contract, a person, who has a property on lease and has not paid key money, has no right to reside there without the permission of the landlord, and if he does not evacuate it, he is a usurper and he is responsible for the property and liable to the owner for the rent, irrespective of whether the duration of the first lease is short or long, or whether the value of the property has gone up during the tenancy or not, and if a person takes the property on lease from this person, the lease is not in order, unless the landlord agrees.
Issue No. 2437- If a person takes a property on lease by giving key money to its owner for a certain period, he can lease it out to someone else during his tenancy for the same amount of rent but he can get whatever amount of key money they (the first and the second tenants) agree with each other. The agreement of the owner of the property in the transfer of the lease is also a condition, and if this authority has been given to the first tenant from the beginning, there would be no objection to the transaction.
