NEWSLETTER ISSUE #1 RAMADHAN / SHAWWAL 1440 | MAY / JUNE 2019 AND THE ISLAMIC SOLUTION

In the economic and commercial methodology and procedure fol- is interest. Using end results to justify world, the biggest challenge facing lowed in the Islamic Finance system the method(s) adopted was the phi- Muslims in this era and time is to is most important and crucial. A step losophy of the polytheist of Makkah. bring their businesses in harmony missed can cause the whole transac- They said, and inconformity with the dictates tion to be un-Islamic. We are bound of Shari‘ah. It is a well-known fact to follow the Shariah and cannot that interest is Haram (forbidden). question the wisdom behind such There are many warnings both in rulings. Our obligation is to submit “...That is because they said, “Sale is just like the Qur’aan and Ahadith. Allah Ta’ala to the ordains of Allah and His Rasul. interest.” Whereas, Allah has made sale per- says: Consider the following Hadith: missible and prohibited interest“ (Surah Baqarah) It is clear from the above, the kuffār A Sahabi brought high quality dates used to deal in interest and justify it from Khaibar to Rasulullah (Sallalla- by saying the excess in interest is just hu alayhi wasallam). Rasulullah (Sal- like profit in sale. As Muslims, we can- “O you who believe, fear Allah and give up lallahu alayhi wasallam) asked, “Are not accept interest to be like profit. what still remains of riba (interest), if you are all the dates of Khaibar like these?” believers. But if you do not (give it up), then The Sahabi replied in the negative listen to the declaration of war from Allah If present-day Islamic Banks are able and said, “We take one saa’ (a meas- and His Messenger….”(Surah Baqarah) to save the public from interest by urement for dry items) of high quali- structuring contracts which are in ty dates for two saa’ of inferior dates. WHAT IS THE ALTERNATIVE? conformity to the laws of Shariah, Rasulullah (Sallallahu alayhi wasal- then whether or not their end results lam) said, “Don’t do this. Rather, sell In an environment where the entire are the same as Conventional Banks, your two saa’ of inferior dates for a financial system is based on interest, their efforts will be noteworthy and few silver coins. Then buy the high it is a daunting task to structure the acceptable. Of course, the contracts quality dates with the same coins.” financial institutions on an interest must not have ribā’, gharar, and oth- free basis. Moreover, eradicating in- er non-Islamic elements hidden be- Apparently, there is no difference be- terest does not necessarily mean hind a string of words. Furthermore, tween the two transactions; the end that one cannot be profitable and the contracts should not be a mere result is the same. The Sahabi would thus not earn any returns on invest- theory, but should be implemented still end up with one saa’ of high ments and financial services. The appropriately as well. quality dates and the other with two alternative to the conventional in- saa’ of inferior dates. However, in the terest system of financing is Islamic first transaction, the Sahabi was in- SERVICES OF THE DARUL IFTAA Finance. Various modes of Islamic volved in interest (Like-items which - Issuing of Fatawa (Decrees pertaining to Shar’i Finance have been designed to over- matters). are weighed or measured in vol- come various financial challenges ume cannot be sold in excess). Ra- - Answering queries of Deen received from across like musharakah, mudharabah, mu- the globe. sulullah (Sallallahu alayhi wasallam) rabahah, , salam, istisna’ etc. - Islamic Finance. saved the Sahabi from interest by - Mediation and Settlement of Disputes. proposing two separate purchase/ However, one should be cognisant of - Annulment of Marriages [faskh]. sale agreements. Excess in a pur- the fact that whilst the end result of chase/sale agreement is called profit. - Islamic wills and inheritance and Trusts. Islamic Finance and the conventional Whereas, excess in like-items which - Publication of Islamic Literature, Posters and banking may be the same, that does are weighed or measured in volume Islamic calendars. not make the ruling the same. The

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comes an irrevocable divorce. If he marriage. If the second husband Q. Please explain the 3 types of di- therefore wishes to take her back then divorces her or passes away, vorces and laws related to them (after the period has lapsed), she may then marry her first hus-

he can only do so after renewing band after having observed the Id- A: According to Shariah, there are the Nikah. dah (of divorce or death, depend- three types of divorces: ing what the case may be). Talaaq-e-Raj’ee (revocable divorce). TALAAQ-E-BAAIN: Talaaq-e-Baain (irrevocable di- Talaaq-e-Baain is an irrevocable Q: Person A gives person B $100,000 vorce). divorce where the husband uses as he needs them for business. Per- Talaaq-e-Mughalladhah (perma- ambiguous words or phrases to son A tells him to take the money, nently irrevocable divorce). divorce his wife. For example, the but I will be entitled to a profit of

husband tells his wife “Pack your 25% of the capital. I will also bear TALAAQ-E-RAJ’EE: bags and get out” or “You are no any losses incurred in the business, Talaaq-e-Raj’ee is a type of divorce more my wife” or “Go to your fa- is this allowed? i.e., he buys goods wherein the husband divorces his ther’s house”. Talaaq-e-Baain will and sells for $300,000, then Person wife in express and explicit terms. ONLY take effect if the husband A will only take $25,000 and the For example, he says “I divorce had the intention of divorce whilst rest ($175,000) Person B will take. you”, or “You are divorced”. The di- uttering these or similar state- If this is not permissible, please vorce takes place irrespective of the ments. provide a reason. husband having intention or no in- tention or jokingly. Once the husband issues his wife A: The transaction in reference is

one or two Talaaq-e-Baain, she not permissible. The profit percent- Once the husband utters such types has to sit in Iddah. If the husband age share should be from the actual of words, the wife becomes divorced wishes to take back his wife, he profits accrued and not that of the and she has to sit in Iddah (waiting may do so only after renewing the capital. It is probable that Person B period) for three menstrual cycles Nikah. The Iddah will be same as (the Mudharib) may make a prof- if she experiences menses or three explained above in Talaaq-e-Raj’ee. it of $25,000 only and therefore be months if she does not experience left with nothing. This has the po- menses or child birth if she has con- TALAAQ-E-MUGHALLADHAH: tential of dispute as the Mudharib’s ceived. If the husband wishes to re- Talaaq-e-Mughallazah is when the (Person B’s) efforts may go in vain. voke his divorce (provided that he husband issues three divorces to [Shaami; 648/5 – Fikr] has not given her 2 divorces prior his wife (whether Talaaq-e-Raj’ee to this), he may do so during the or Talaaq-e-Baain). Once the hus- PS: “Mudharabah” is a special kind Iddah period. The husband may re- band issues his wife three divorces, of partnership where one partner voke his divorce by verbally taking she becomes permanently Haraam gives money to another for invest- her back for example, he says to her, upon him. She cannot marry him ing it in a commercial enterprise. “I take you back” etc. or by being until after the Halaalah process. The investment comes from the intimate with her, for example; kiss- first partner who is called “Rabb- ing or having intercourse with her. Halaalah is where the wife after ul- mal”, while the management If the husband does not revoke the observing the Iddah (as explained and work is an exclusive respon- divorce as explained above during above in Talaaq-e-Raj’ee), marries sibility of the other, who is called the Iddah period, the divorce be- another man and consummates the “Mudharib”.

“The best among you are those who give the best treatment to their wives.” [Tirmidhi] amount of Zakaat will then be de- contact the Darul Iftaa for a copy of Q: Is it permissible for a woman ducted from this value. Thereafter, the Islamic will. to have a treatment whereby they 2.5% of the remainder will be Za- perm/Curl the eyelashes, similarly kaat for the third year. Q: If one misses a few of how they relax the hair to make it taraweeh, and then he prays straight or perm the hair. This is The same method will follow for with the jammah in the masjid. Can not permanent but only temporary. the rest of the years. [Ibid; 275, Al he make those rakats of taraweeh Asl: 82/8 – Idaratul Qur’an] up after the witr, on his own? A: It is permitted for a woman to perm/curl eyelashes and hair for To calculate Zakaat on jewellery, A: If a person missed few rakats of the husband on condition that it is one should first determine the car- Taraweeh, he should join the Imam water permeable and does not con- at of the gold / silver, thereafter one in witr and make up the missed tain Haram or impure elements. should weigh the jewellery in hand rakats after the witr . [Muheet [Takmilah Fath al-Mulhim; V.4, and thereafter ascertain the cur- Al Burhani; 195/2 – Dar Ihya At Pg. 195, Hindiyyah; 5/1 – Fikr] rent market value / price per gram Turath] of the carat. Once the value of the Q: Mufti Sahib I haven’t paid my jewellery has been established, RAMADHAAN FAQ Zakaat since few years I did not 2.5% of the value should be given know it was fardh, now how do I in Zakaat. [number of grams x cur- Q: Can a traveller omit fasting? work out and calculate how much I rent price of carat per gram = total A: A Shar’i musafir (traveller) who owe? How do I calculate Zakaat of value | 2.5% of total value = Zakaat. embarked on his journey prior to jewellery? dawn is permitted to omit the fast For example: If one has a 24 Carat of that day. As long as he is a Shar’i A: Zakaat should be immediately gold necklace weighing 60 grams musafir, he may omit fasting. If discharged on ones Zakaat date. and the current price of 24 Carat a person embarked on a journey You will have to take out Zakaat at Gold is $1 per gram. One will mul- during the day after Subh Sadiq, the end of one lunar year from the tiply 60 grams by $1. The total val- he/she will have to fast that day. time you first became the owner of ue will be $60. 2.5% of $60 which [Hindiyyah; 207/1 – Fikr] Nisab. is $1.50 will be the Zakaat for this necklace. Q: Will the application of eye drops If you do not remember your Is- break the fast? lamic Zakaat date, then make a rea- Q: My dad mentioned to me that A: Using eye drops will not break sonable estimate through your dis- when he passes away, I will get a the fast even though one experi- cretion when you would have likely share in his business and 2 prop- ences its effect in ones throat. [Ma- become owner of Nisab and fix that erties which he owns. Does this raqil Falah; Pg. 239 – Beirut] date and if you cannot determine belong to me according to the Sha- that too then we advise you to fix riah? Q: Can we use insulin injections any lunar date and that date should whilst fasting? be used to pay your Zakaat year- A: Once a person passes away, all A: It is permissible to use insulin ly. [Ahsanul Fatawa 265/4 – HM that which he owned and possessed injections. Injections do not break Saeed] during his or her lifetime will form the fast. [Dhabitul Fitr: MZB] part of estate and will be distribut- If one has not paid his Zakaat for ed in accordance to the Islamic law Q: Will a nasal spray or inhaler the previous years, the method to of succession and inheritance. This break the fast? calculate Zakaat for previous years includes, personal clothing, rings, A: Yes, a nasal spray and inhaler is that; One will first take out 2.5 % jewellery, properties, businesses, will break the fast. [Ibid] of his/her Zakaatable assets (cash, vehicles etc. merchandise, jewellery etc.) and Q: Will vomiting invalidate the this will be the Zakaat for the first Allah has Himself determined the fast? year. The first year’s amount of Za- shares of the heirs. Therefore, it is A: The fast is only broken if one kaat will then be deducted from not permissible to bequeath any vomits a mouthful involuntarily the total value. Thereafter, 2.5% of amount for his potential heirs. Any and then swallows it voluntarily the remainder will be Zakaat for such bequests will be null and void. or if one had voluntarily (induced) the second year. The second year’s In order to draw up a will, you may vomited a mouthful whether

“Whoever is not merciful (to the creation) will not be shown mercy by Allah.” [Muslim] swallowed or not. **Mouthful: A Q: What does Zakaat Nisab mean? - Ones ascendants (parents, mouthful is that which cannot be A: Nisab is a threshold / minimum grandparents), kept in the mouth except with diffi- amount when an individual pos- - One’s spouse, culty. [Ahsanul Fatawa 443/4 – HM sesses it for one lunar year, Zakaat - Projects where there is no Saeed] becomes obligatory. sole owner like water wells etc. [Ibid; V. 2, Pg. 463, 481- DKI] Q: What is the condition of fasting The amount of Nisab is having on a woman who is pregnant or a. 612.36 grams of silver or 87.48 Q: What can Zakaat money be breastfeeding? grams of gold or used for exactly? I understand Nis- A: A pregnant woman must keep b. any value in cash equivalent to ab etc., but practically for the poor the fasts of Ramadhan unless there 612.36 g of silver how do we use it? Can we use it for are health risks to her or her child. c. or stock in trade equivalent to food and feeding poor. Can Zakaat If there are health risks, she is ex- 612.36 g of silver money be used to restore Masjids empt from fasting and will make d. or having some or all of the above in the villages? Pay Sheikh salaries? qadha’ of the missed days after whose total value reaches the value Pay for borehole? Build houses for Ramadhan. [Hidayah; 2/269 - Dar of 612.36 grams of silver. All which the Sheikh? Ihya At Turath] are in excess of one’s basic necessities A: In principle, deserving recip- and liabilities. [Badaai-us-Sanaai’; ients of Zakaat need to be made A nursing (breastfeeding) mother V. 2, Pg. 402- DKI] owners of the Zakaat funds regard- will be exempted from Fasting if less of whether they are paid in she fears any danger to herself or Q: What is Zakaat? money or in-kind. the child. However, she will have A: Transferring ownership of spe- Thus, to make up for the fasts missed. cific amount of wealth to specific - Zakaat cannot be used to [Hindiyyah; V. 1 Pg. 228 – Ilmi- groups/classes of people. Zakaat is pay for the construction / revamp yyah] 2.5% of Zakaatable assets. [Ibid; V. of Masajid, boreholes etc. wherein 2, Pg. 403/407- DKI] the core element of tamleek (own- Q: What is the ruling regarding a ership) is not found. Likewise, Za- woman in her menses during the Q: Who pays Zakaat? kaat cannot be used to pay for the fast? A: A sane mature Muslim who remuneration of work for the poor A: There are three aspects to your possesses Zakaatable assets equiv- Shuyookh. query: alent to or in excess to the amount 1. A woman already in men- of Nisab in the beginning and end - Zakaat money can be used ses before the time of fast can be- of his lunar Zakaat year. [Ibid; V. 2, to build houses for the poor Mus- gin. Pg. 375-76/380-81- DKI] lims / Shaikhs without any condi- 2. A woman who starts the tions being set upon them and the fast and then her menses begin Q: Do I have to pay Zakaat on my house thereafter being handed to during the fast. personal jewellery and gold? them. 3. A woman whose menses A: If the gold and silver or their val- end during the time of fast. ue reaches Nisab then Zakaat will - In feeding poor Muslims be obligatory. [Ibid; V. 2, Pg. 415- using Zakaat, tamlik (the act of The ruling for No.1 is that she DKI] making a recipient an owner) is not shouldn’t fast. The ruling for No.2 found. Rather, they are merely giv- is that she should eat and break Q: Who can I give Zakaat to? en permission (ibaha) to partake of her fast. However, keeping in mind A: Zakaat should be given to a poor the food at that time. the sacredness / honour of fasting Muslim (who does not and Ramadhan, she should not eat possess Nisab). - In order to use Zakaat openly. The ruling for No. 3 is that funds to feed/ give food to deserv- once her menses end during the Zakaat cannot be given to: ing recipients of Zakaat, one may day, it is incumbent for her to re- - Non-Muslims, give them food packs or food in main like a fasting person and re- - Those possessing the amount containers such that it is clear to frain from eating, drinking etc. for of Nisab or more after their basic them (i.e. the recipients) that they the remainder of the day. [Tahtawi needs, are now owners of this food and Ala Maraqil Falah; Pg. 678 – DKI] - Ones descendants (children, may do whatever they want with it. grandchildren), Now, whether they eat it immedi-

“ during Ramadhan is equal to .” [Tirmidhi] ately or save some or all of it for lat- considered a liability since if work It is also Waajib on a person upon er, give it away, etc. it is their choice. is not done then the funds have to whom Zakaat is not Waajib but he/ In this way, it will be permissible to be returned and also the advance she has wealth equivalent to the use Zakaat funds for this purpose amount is not profit. In essence the Nisab of Zakaat over and above his since they will become owners of advance is to execute X amount basic needs on the day of Eid. the food they are given. of work from which a profit of say 10% may be achieved hence the Note: This is irrespective of wheth- - In essence, the aspect of company owes the client either the er the wealth is for the purposes tamleek is key in the validity of work or cash. of trade or not and irrespective of dispensing ones Zakaat. [Min- A: You will become the owner of whether he has had it in his posses- hatus Sulook; Pg. 242 – WAWI, the advance payment and Zakaat sion for a full year or not. However, Badaai-us-Sanaai’; V. 2, Pg. 39 – will be due on it based on your if all his belongings are part of his DKI] personal financial situation. The basic needs, Sadaqatul Fitr will not advance payment is not a liabil- be Waajib, no matter how valuable Note: Where Zakaat is given in kind, ity. If the work is not done and it they are. [Maraaqi-ul-Falaah; Pg. absolute care and caution should be will be required of you to return 723-DKI] taken that items are not bought be- the money, the amount equivalent yond the market value. to the advance payment will be a - Sadaqatul Fitr should pref- debt (dayn) upon you at that point. erably be given to Muslims who are Q: How do I work out how much [Fathul Qadeer; 165/2 – Fikr] eligible for Zakaat so that they can Zakaat I need to pay? also celebrate their Eid. A: You take your Zakaatable assets Q: Do I have to pay Zakaat on deducting liabilities and pay 2.5% money I have given to a person as - The Sadaqatul Fitr for mi- of your net assets if it reaches the a loan? nor children will have to be dis- Nisab. [Badaai-us-Sanaai’; V. 2, Pg. A: Zakaat is compulsory on debt charged on their behalf by their fa- 392/397, 402 – DKI] receivables arising from forward- ther. If they have their own savings, ing a loan or selling stock on credit. it could be discharged from it. Q: Do I owe Zakaat given my total The total outstanding balance will debts outweigh the amount I have be added to one’s gross assets. - Sadaqatul Fitr can be dis- in my bank account? [Badaai-us-Sanaai’; V. 2, Pg. charged on any day during Rama- A: If your total debts outweigh the 388/390- DKI] dhan before the day of Eid. amount in bank and the amount in your ownership or Nisab, then Q: I am in debt; do I deduct my - Sadaqatul Fitr should be Zakaat is not binding on you. [Hi- debts when calculating Zakaat? discharged before the Eid Salaah. If dayah; 95/1 – Dar Ihya At Turath] A: Debts are deductible from your one fails to do so it should be dis- Zakaatable total if they are to be charged as soon as possible. One Q: Do I have to pay Zakaat on repaid in full within the next 12 does not become absolved of the property purchased for business? months. obligation. A: Zakaat is not compulsory on [Ibid; V. 2, Pg. 381- DKI] business assets not intended for - It is permissible to give the sale. Properties purchased with the Debts not repayable at all in the Sadaqatul Fitr of multiple people to intention of resale are Zakaatable. next 12 months are NOT deduct- one poor person. Similarly, it is also [Raddul Muhtar 2/267-274 – Fikr] ible. If debts are payable by instal- permissible to divide one Sadaqatul ment, then 12 months debt is de- Fitr amongst several poor people. Q: I’m a building contractor and ductible. [al-Fataawa al-Hindiyyah, Raddul calculate my Zakaat on the 25th Muhtar 2/359-370 – HM Saeed, of Ramadan every year. I have SADAQATUL FITR Maraqil Falah] received payment in advance for a certain project which will only Sadaqatul Fitr is Waajib on every CONNECT WITH US be completed next year. I will use Muslim who has the value of Nisab this to buy the necessary materials in excess of necessities on the day as and when the need arises. Do I of Eid (Fajr) after subtracting debts pay Zakaat on this advance pay- and is equally Waajib on those who daruliftaamw ment? As an advance payment is fasted or never fasted.

“When RamadHan begins, the gates of Paradise are opened.”[BUKHARI] If one wishes to have a vague idea of the number of disputes that occur in the community, one will get a glimpse of this from the number of cases that come to the courts on a daily basis. Howev- er, due to the high costs and the time involved in bringing a matter to court, the majority of disputes don’t even come to the courts. Rather the disputing parties try to grab whatever they can from each other, thus bringing about further enmity. The resultant ani- mosity sometimes continues for generations.

If one gets to the root of these disputes, one would find that they basically revolve around money and property. Disputes relating to money and property have destroyed many close relationships and have transformed many close friends into arch enemies. While there are various underlying reasons for this pathetic state of affairs, perhaps among the greatest reasons is the lack of com- plete financial clarity and order in one’s financial matters.

A golden rule that our Deen teaches us is: “LIVE LIKE BROTHERS — DEAL LIKE STRANGERS‘. The lesson conveyed in this statement is that as far as our social lives are concerned we should treat one another like brothers. As much as possible we should assist one another and overlook one another’s shortcomings. However, when it comes to money matters or aspects pertaining to proper- ty or partnerships, or the distribution of shares, etc., one should determine and clarify these matters like two total strangers. Just as two strangers would clarify the minutest detail, we should likewise conduct our transactions to the same degree of clarity and leave no ambiguity whatsoever. No aspect should be left totally in the dark, nor should anything be even minutely unclear.

If this golden advice of our Deen is adhered to during times of uni-

LIVE LIKE BROTHERS - DEAL LIKE STRANGERS LIVE LIKE BROTHERS ty and good relationships, the door to many future disputes and

problems will be completely closed. [Excerpt from an article by Mufti Taqi Usamani]

QALB - E - SALEEM - A SOUND HEART By: Mufti Ebrahim Desai (Hafidhahullah) we could seek help through our worldly means: wealth, family, Rayyandesignstudio.com by: Design When a person undertakes a long jour- ty he will have a break down and suffer friends etc. All these means will ney, he ensures his mode of transport is the consequences of his negligence. We not be available during the jour- safe. If he is traveling by a motor vehi- all are travelling to the hereafter. This is ney to the hereafter. Everyone will cle, he will have it serviced. The oil will a long and arduous journey. The mode have to fend for himself/herself. be replaced with new oil. The plugs will of our journey in the hereafter is The only security is to create a be changed. The lifespan of the brake Qalb-e-saleem (a sound heart). sound heart in this world for the pads and discs will be assessed. journey to the hereafter. Just as a car has to be serviced for a These are some of the very few things smooth and safe journey, the heart To service one’s car, one will refer that need to be checked in a service of a has to be serviced for a smooth and to a mechanic. To service one’s motor vehicle. If a person does not ser- safe journey to the hereafter. If we heart, refer to the Ahlullāh and vice his motor vehicle, in all probabili- are stranded in our worldly journey, spiritual guides.

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