The Creed of Compassion-Islamic Teachings & Answering Doctrinal Misconceptions

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.

Issue No. 2442- If the sperm of a man is inserted into his wife’s womb, the baby born is legitimate and belongs to that man and his wife even if the preliminaries of insemination are haraam. Hence, therefore, the child enjoys all the rights of a normal child such as inheritance, subsistence, etc.

Issue No. 1726- If a person does not have access to a poor person, he can set apart a portion of his property with the intention of fiṭrah, and set it aside for the deserving person he has in mind or any other one. And whenever he gives it, he should have the intention of fiṭrah.

Issue No. 2059- If a man or woman does not perform ṭawāf al-nisā’ [a type of circumambulation around the Ka‘bah to be performed during ḥajj], women who had become haram to him owing to wearing Ihram, will not become halal to him. However, if they (the man or woman) perform ṭawāf al-nisā’ later, they become halal to each other.

Issue No. 2258- It is haram to eat a part severed from the body of a living animal, irrespective of whether it is fat or flesh.

Issue No.2353- If the deceased’s own paternal uncle and aunt and the maternal uncle and aunt and their children do not exist, then the paternal uncle and aunt and the maternal uncle and aunt of the deceased’s parents will inherit, and if they do not exist, their descendants will inherit. And in the absence of their descendants, the paternal uncle and aunt and the maternal uncle and aunt of the deceased’s grandparents will inherit and if they are not alive, the property is inherited by their descendants.