Statement on Giving Respite to the Insolvent Person

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What is the ruling on a person who insists on praying in a specific spot and becomes angry if someone else prays there?

ruling on a person who persists in praying in a specific spot and becomes angry if someone else occupies it

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.

Our Master the Prophet ﷺ forbade a man from habitually claiming a specific spot in the mosque as a camel claims its place (to sit); scholars consider this to be among the disliked matters (Makruhat). It is therefore obligatory to advise this individual that whoever arrives at a spot first has the most right to it. And Allah the Exalted knows best.

What is the ruling of Islamic Law on opening an account in a commercial bank in order to deposit a sum and use it for personal purposes, such as transfers and electronic payments?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.

It is forbidden for a Muslim, if he has a choice, to open an account in an interest-based (ribawī) bank, even if the account earns no interest, because doing so assists in ribā, based on the saying of Allah the Exalted (which means): “And cooperate in righteousness and piety, but do not cooperate in sin and aggression.” [al-Māʾidah/2]

This is because such banks invest deposited funds in forbidden ribā-based transactions, and depositing with them is therefore a form of assisting them in what is unlawful. Assisting in what is unlawful is prohibited by the Sharīʿah. However, if there is a pressing need to open an account in an interest-based bank and it is not possible to open one in an Islamic bank, there is no objection to doing so.

The ruling on bank interest and the prizes distributed by interest-based banks was previously explained in Fatwa no. (471). And Allah Almighty knows best.

What is the ruling of Islamic Law on selling gold or silver in installments or for a differed price?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.

It is prohibited (haram) to sell gold or silver in installments or for a deferred price; rather, immediate hand-to-hand exchange (Taqabud) is mandatory, otherwise, it is considered usury (Riba). The Messenger of Allah ﷺ said: 'Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt—like for like, hand to hand. Whoever increases or asks for an increase has engaged in Riba; the receiver and the giver are the same in this regard.' (Narrated by Muslim). Furthermore, when exchanging new gold for used gold, they must be of equal weight, or it falls into Riba.

The permissible solution (al-makhraj) is for the merchant to purchase the used gold for cash first, and then sell the new gold for cash in a separate transaction. However, the price must be paid during the sitting of the contract (Majlis al-Aqd) for both deals. Alternatively, the jeweler may take the used gold with the intent of remodeling or repairing it, and then charge a fee for the craftsmanship or repair work. And Allah the Exalted knows best."

My brother works in a conventional bank and gave me one of the gifts distributed to bank employees — what is the ruling on accepting it?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.

There is no objection to accepting such gifts, because the physical gift itself does not carry any inherent prohibition — unlike stolen property. Sin does not transfer or extend to the one who receives the gift, for Allah the Almighty says {what means}: "And no bearer of burdens shall bear the burden of another." [Al-Anʿām/164]

The evidence for this is that the Prophet ﷺ himself ate from the food of the Jews, conducted transactions with them, and purchased from them — and it is well known that their wealth was intermingled with ribā. Similarly, the wealth of conventional ribā-based banks is a mixture of the lawful and the unlawful.

Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states: "It is not forbidden to transact with one whose wealth is predominantly unlawful, nor to eat from it — as al-Nawawī affirmed in al-Majmūʿ." [Tuḥfat al-Muḥtāj, Vol. 9/P.389] And Allah the Almighty knows best.

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Statement on Giving Respite to the Insolvent Person

Author : The General Iftaa` Department

Date Added : 03-07-2023

Statement on Giving Respite to the Insolvent Person

All perfect praise be to Allah, The Lord of The Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

In the difficult circumstances that the world is experiencing, the conditions of those who live on a subsistence level are tightening as well as those who get their livelihood day by day. If their work is disrupted, they will not find what they can live on. However, the words of our Lord, the Most High, apply to them: " (Charity is) for those in need, who, in God’s cause are restricted (from travel), and cannot move about in the land, seeking (For trade or work): the ignorant man thinks, because of their modesty, that they are free from want. Thou shalt know them by their (Unfailing) mark: They beg not importunately from all the sundry. And whatever of good ye give, be assured God knoweth it well." {Al-Baqarah, 273}. Therefore, it has become imperative upon every affluent person to check on the weak and poor individuals whom he knows and help alleviate their burdens and ensure them a minimum level of decent living. This is both a religious and social responsibility on the wealthy and affluent members of society towards their brothers for it raises the spirit of cooperation, love and solidarity between them. The Messenger of Allah (PBUH) said, "The believers in their mutual kindness, compassion and sympathy are just like one body. When one of the limbs suffers, the whole body responds to it with wakefulness and fever." {Transmitted by Muslim}. He (PBUH) also said: "A believer is like a brick for another believer, the one supporting the other." {Transmitted by Muslim}. Moreover, this is what the Messenger of Allah loves where he (PBUH) said: "When the Ash'ariyun run short of food in the Jihad or when they are at home in Al-Madinah, they collect all the provisions they have in a sheet and then divide it equally among themselves. They are of me and I am of them." [Al-Bukhari and Muslim].

Helping and forgiving others as well as waiving some of the rights due on them, or postponing their collection or some of them, out of solidarity considering their difficult situation, is a sign of the mercy inherent in the heart. The Messenger of Allah (PBUH) promised these merciful people to be shown the mercy of Allah, where he said: "The merciful will be shown mercy by the Most Merciful. Be merciful to those on the earth, and the One in the heavens will have mercy unto you." {Transmitted by Tirmidhi}. This is because when a believer forgives or fulfills the needs of the person who is going through difficult circumstances, Allah the Almighty treats him in the same way, because of his mercy towards the servants of Allah, for rewards depend on the kind of deed.

The Messenger of Allah (PBUH) has warned against harshness and cruelty of the heart and not helping others although one is able to. He (PBUH) said, "He who is not merciful to others, will not be treated mercifully." { Al-Bukhari and Muslim}. He (PBUH) added: "Mercy is not removed (from anyone) except from a wicked one." {Transmitted by Tirmithi}.

Not only commanded giving respite to the insolvent person, but Allah the Almighty has also encouraged remitting the debt by way of charity where He said {what means}: " If the debtor is in a difficulty, grant him time Till it is easy for him to repay. But if ye remit it by way of charity, that is best for you if ye only knew." {Al-Baqarah, 280}. This is also celebrated in the Sunnah. Abu Hurairah (May Allah be pleased with him) reported: The Messenger of Allah (PBUH) said, "There was a person who used to loan money to the people and he used to say to his servant: 'When an insolvent person comes to you, show him leniency so that Allah may forbear our faults.' So when he met Allah (i.e., when he died), Allah forgave him."[Al-Bukhari and Muslim].

In conclusion, we call on all Muslims to show mercy and forgiveness to each other, make reconciliation, fulfill the needs of fellow Muslims, give respite to the insolvent person and even remit the debt by way of charity, if possible. And to Allah belongs every success.

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Summarized Fatawaa

Is it permissible to include others in the reward of one`s sacrifice?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.

It is permissible for the person offering an Udhiyah (sacrificial offering) to include others in the spiritual reward of the sacrifice. However, it is not permissible for multiple people to jointly share the purchase price of a single sheep or goat, unless one person gifts the money to the other.

It is stated in Mughni al-Muhtaj (6/137) by Al-Khatib al-Shirbini:

"If a person includes someone else in the reward of his sacrifice and slaughters it on his own behalf, it is permissible."

It should be carefully noted that including someone else in the reward of one's sacrifice is completely distinct from offering a sacrifice on behalf of someone else. And Allah the Almighty Knows Best.

What is the Du`a (supplication) of Istikhara (guidance prayer)?

O Allah, I consult You as You are All-Knowing and I appeal to You to give me power as You are Omnipotent, I ask You for Your great favor, for You have power and I do not, and You know all of the hidden matters. O Allah! If you know that this matter (then he should mention it) is good for me in my religion, my livelihood, and for my life in the Hereafter, or he said: "for my present and future life" then make it (easy) for me. And if you know that this matter is not good for me in my religion, my livelihood and my life in the Hereafter, or he said: "for my present and future life" then keep it away from me and take me away from it and choose what is good for me wherever it is and please me with it."

What is the ruling on praying seated due to severe obesity, given that I experience hardship in performing the prayer — especially when rising from the ground after sujūd to perform the next rak‘ah?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.

Standing, when one is able to do so, is a pillar of the prayer. However, whoever would experience severe, intolerable hardship, or fears harm to himself or to a limb due to obesity, or finds that standing causes him to lose his khushū‘ (humble focus and concentration) in prayer, then there is no objection to his praying seated on a chair or on the ground, performing rukū‘ (bowing) and sujūd (prostration) through gesture — provided that the gesture for sujūd is made lower than that for rukū‘. Whoever is able, at any point, to properly perform any one of these pillars, is obligated to perform it in full; for omitting it is a concession that applies only in cases of genuine inability. The Prophet ﷺ said: "When I command you to do something, do of it whatever you are able." (Related by al-Bukhārī). As the scholars of fiqh have established: what remains possible is not waived on account of what is difficult.

The criterion for determining genuine inability, as chosen by Imam al-Ḥaramayn al-Juwaynī (raḥimahullāh), is that the worshipper experiences hardship that causes him to lose his khushū‘.

As for voluntary (nafl) prayer, there is no objection to performing it while seated, even if one is able to stand. However, rukū‘ and sujūd must still be performed [in their proper physical form] by anyone who is able to do so. And Allah, the Exalted, knows best.

What is the ruling on someone who curses the religion or commits an act of disbelief during the day in Ramadan?

Whoever apostatizes (leaves Islam) while fasting, their fast is invalid. Cursing the religion is an act of apostasy (may Allah protect us from it). Such a person must return to Islam by pronouncing the Shahadah (testimony of faith), seek Allah’s forgiveness, refrain from eating and drinking for the rest of the day, and make up for that day’s fast later.