Category Archives: Bank

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Fatwa Committee UK Fifth Meeting (English)

Category : Bank , Loan , Riba , Vaccination

 

Conclusions of the Fifth Meeting

The Fatwa Council – UK

The European Council for Fatwa and Research

 

Concluding statement of the Fatwa Committee in Britain

(Safar 1439 AH – October 2017 – London)

Praise be to Allah and peace and blessings upon the Messenger of Allah, and all his family and companions. To proceed:

By the Grace of Allah, the Fatwa Committee in Britain – which is part of the European Council for Fatwa and Research – was able to meet for its fifth meeting in the British capital city of London on Wednesday the fifth of Safar 1439 AH, which coincided with the 25th of October 2017 AC. During the meeting, several contemporary issues were discussed, and answers were given to questions that had been received. Following research and discussion, the conclusions were as follows:

 

Fatwa (1/5)

The Ruling on Student Loans

Question: What is the ruling on taking a university student loan that the government pays on behalf of students, which students pay off after graduation with additional interest? Bearing in mind that students only pay this off if their annual salary comes to at least £21,000.

Answer: We consider that there is no harm in benefitting from these student loans for the one who is unable to pay the fees and needs such a loan to continue their studies. This is because studying is considered a general need, and whenever a need becomes so widespread, it is treated as a necessity, as many of the scholars of fiqh and usul have stated. The rulings of removing hardship in cases of necessity and severe need are established in the Shari’ah. It is therefore permissible for a student to take what he needs from this loan for his studies. The same decision was previously reached by the European Council for Fatwa and Research, number [18 (4/18)], and Allah knows best.

 

Fatwa (2/5)

Working in Information Technology at a Bank

Question: I have been working as an information technology engineer in one of the banks in France for over 4 years. My role is restricted to developing the network for information relating to incoming and outgoing traders, and the bank wishes to take me on permanently. What is the ruling of working here?

Answer: In a previous fatwa given by the committee, it was explained that that which is prohibited in terms of working for banks, is that in which one is directly involved with riba (usury), whether this involves receiving, giving, writing, or witnessing usury contracts. Anything besides that remains upon the default ruling of permissibility. Since the role that you have described does not seem to be directly involved in any of the prohibited practises of the bank, there is no harm in continuing in this place of work.

 

Fatwa (3/5)

The ruling of female doctors treating men

Question: I work as a nurse at one of the hospitals in London, and we are not legally allowed to distinguish between patients based on gender, which means that I am obliged to attend to patients of both genders. This sometimes requires me to make physical contact, and at times even exposing the ‘awrah (private areas) of patients. What would be the ruling of doing so at work?

Answer: If the nature of your work is as you have described above without allowing you to distinguish based on gender, then there is no harm in continuing with such treatment, even if this includes making physical contact with the patients’ private areas. However, you should bear in mind that such contact must be limited to what is necessary, because it is only the necessity of the job that has allowed this, and necessity is to be measured proportionally.

 

Fatwa (4/5)

Dealing in riba with non-Muslims

Question: I have heard from some contemporary scholars that it is allowed for a Muslim to deal with riba (interest) with non-Muslims, such as taking interest from banks. Is this indeed correct and does the Hanafi madhhab allow this?

Answer: The majority of scholars, including the Malikis, Shafi’is, Hanbalis, and Qadi Abu Yusuf, the student of Imam Abu Hanifa, have stated that it is absolutely prohibited to deal with interest, whether in dealing with a Muslim or a non-Muslim. This is because the textual evidences that prohibit dealing with interest are general, without specifying this with dealing with Muslims only.

As for that which is reported from Imam Abu Hanifa and his companion, Imam Muhammad ibn al-Hasan – may Allah have mercy on them – that invalid transactions are permissible outside Dar al-Islam (Muslim lands), then we do not see that this can be applied at all to our current situation today, especially not in Europe. This is because the geographical separation and the legal nature of the world today is totally different to what it was in the time of Abu Hanifa and Muhammad. This issue has been discussed in depth, Islamically, legally, and practically, by the president of the Fatwa Committee, Shaykh Dr. Abdullah al-Judai’ – may Allah preserve him – in a separate research paper titled ‘al-Riba wa-l ‘Uqud al-Maliyyah al-Fasidah fi ghairi biladi-l Islam’ and in his book, ‘Taqsim al-Ma’mura fi al-Fiqh al-Islami’. In them he explained the differences between the context previously and today.

Therefore, we consider that the claim that such an action is permissible is incorrect, even according to the position of Abu Hanifa and Muhammad.

 

 

 

Fatwa (5/5)

Doubts about urine drops after purification

Question: Each time I make istinjā and clean myself I feel something coming out. Sometimes I check and find something, and other times I do not find anything. What do I need to do according to the Hanafi madhhab and what is the ruling of my prayer after that?

Answer: The feelings of doubt that you get after having made istinjā and cleansed the private area, have no impact, because they are mere doubts that cannot overcome the certainty of your purification. One of the principles that all the schools of fiqh have agreed upon is that, “certainty cannot be overcome by doubt”. These imaginations or feelings are therefore harmless. It is reported that the Messenger (peace be upon him) said: “Do not leave [your prayer] unless you hear a sound or find a smell” [Bukhari and Muslim], and Imam al-Zuhri said: “There is no wudhu except if you find a smell or hear a sound”.

This confirms that doubts have no impact after you are certain to have cleansed the private area, and you should completely ignore such thoughts and not pay attention to them. We also advise that you sprinkle some water over the private area and your clothes after you have made istinjā, so that if you ever feel any wetness, you assume it to be the water that you sprinkled. After this you should not pay attention to any doubts that you get unless you are totally certain that something indeed has come out, and your prayer is correct without any issue. This is what the Hanafi scholars have explicitly stated, such as in Bahr al-Raiq, Hashiyah ibn ‘Abidin, and other texts, as well as the other scholars.

 

Fatwa (6/5)

Buying a house through banks

Question: What is the ruling on buying a house using a standard mortgage loan through a bank for those living here in the West?

Answer: We do not see a problem in buying a house via banks, because owning a house is considered a general need (hajah) that is to be treated as a necessity (darurah). As for renting a house, then this does not really fulfil the needs without causing hardship. This is because the one renting does not feel a sense of security and stability while he is renting. Add to this the excessive amount of money that is spent on renting which is more than what he would pay for buying a house that he can own. He then ends up paying such amounts while not having ownership of a single part of the house. Over lengthy periods of time, this becomes similar to wasting money in return for a benefit that does not last. As well as this, there always remains a risk of their contract being terminated at any time, which is especially harmful if he has many children; and if he is elderly or has a low income, then he could be at risk of being left without a home in this case. These are some of the harms, along with others, that one may suffer from due to renting.

On the other hand, buying a house protects one from the aforementioned risks, and brings about many benefits. From those benefits are that one is able to choose a location that is safe for him and his family, and that allows him to benefit himself and his family in ways that would not be possible by merely renting, and there is no doubt that the Shari’ah does not prevent people from things that are more beneficial than they are harmful. Based on this, we do not see a problem in buying a house, according to the method mentioned above, in order to live in. This is on the condition that it is the only available way of owning a house. A ruling had previously been given allowing this by the European Council for Fatwa and Research, number [81 (4/18)].

 

Fatwa (7/5)

Taking funding from the Lottery

Question: We are an organisation that works to cater for the youth and to support them in their studies, job opportunities, training, and to keep them away from crime and corruption. However, we are struggling due to a lack of funding. Is it permissible for us to apply for funding from lottery companies?

Answer: Receiving money in this way would take the ruling of a gift. Since the ruling of prohibition does not apply to money itself as an item, but rather permissibility and prohibition relates to the method of earning that money, then money that has been obtained through impermissible means becomes permissible if it is given away as a gift to another person, and its initial ruling in this case would change. This is because accepting a gift is a permissible way of obtaining money.

It was reported authentically that Barirah – the slave woman of the mother of the believers ‘Aisha – gifted some meat to the Messenger (peace be upon him). When it was said to him that this meat was given to her as a charity, he said: “It is a charity for her, but a gift for us”. Based on this, the scholars have said that prohibition relates to the action, and not the actual item itself.

Therefore, as long as the funding provided by the lottery is money, and not something intrinsically prohibited, such as alcohol or swine, then it is permissible for you to benefit from it for your projects, and it is to be considered as a gift. However, accepting their funds is only allowed if the funding company does not make it a condition that you promote them, or that you use their funds in a way that contradicts Islamic teachings or harms the general interest.

 

Fatwa (8/5)

The ruling of using collagen treatments

Question: After getting married and being blessed with two children, wrinkles started to appear on my face, especially around my mouth and under my eyes, to the extent that I look almost like an elderly lady despite only being 23 years of age. This has affected me psychologically and has also affected my husband. Is it permissible for me to use collagen injections that women usually use when they get older or during pregnancy?

Answer: There is no harm in using collagen injections for the purpose that you have mentioned above. Using it in this case is merely a matter of treating deficiencies that have occurred and removing them, which is a form of acceptable medical treatment.

 

 

 

 

Fatwa (9/5)

Selling medical drugs without a permit

Question: Is it permissible for us as a pharmaceutical company to sell medical drugs that we do not have a permit for alongside those drugs that we do have a permit for? We believe that these medicines are beneficial, but we do not have a permit to sell them.

Answer: It is not permissible for you to sell any medicines that you do not have a permit for from the official body that has the right to give permits in terms of sale of medication, because they are the ones that have the right to decide what is acceptable for sale and what is not. As for your view that some medicines are beneficial, then that alone is not sufficient to allow its sale. There may be some potential risks that you are not aware of, so in order to avoid any potential negative consequences, we advise that you apply for a permit. This also means that you will not be breaking the law.

 

Fatwa (10/5)

Marrying the daughter of one who he fornicated with

Question: Is it permissible for someone to marry the daughter of a woman that he has previously fornicated with?

Answer: On this issue, we are of the view that this marriage is valid, and this is the position of Imam al-Shafi’i and Imam Malik, in one narration from him. However, we advise that you keep away from this marriage, because your being close to her mother may lead to repeating this immorality with her, and the shaytan whispers and beautifies obscenities to people. It is therefore obligatory to close all the doors that may lead to such things. On top of this, it is from the perfection of one’s repentance to avoid any situation that may lead to sin.

 

Fatwa (11/5)

Applying for work grants using false documents

Question: I am a divorced woman with five children, and I am required to work for 16 hours a week. I have not found a suitable job and I am unable to speak English. I also have some medical problems, except that I am not disabled for me to be completely excused from working. Would it be permissible for me to go to a place of work that agrees to prepare wage slips that suggest that I work for them, without me actually working, so that I can then use these wage slips to apply to the council for working grants?

Answer: This type of action is not permissible for you, nor for the organisation that agrees to do such a thing for you, if you do not work for them, because this means that they will be claiming something that is untrue in reality, which is a forgery. This is not permitted in the Shari’ah nor by law, and it leads to taking that which you are not legally entitled to. We advise you to explain your situation to the body that is obliging you to work, while relying on Allah, and Allah will make a way for you.

 

 

Fatwa (12/5)

The kinship of one that has had intercourse with her father

Question: A man raped his daughter and fornicated with her, so she ran away and married someone. Is the kinship (being a mahram) between her and her father no longer valid due to this, and what is your advice to this girl?

Answer: The relationship of mahram remains and is established, despite this evil action that has occurred from him. This relationship is fully established in the Shari’ah and several rights that she and others are entitled to are based on this relationship, so it is not possible to nullify it. The father has indeed committed a major crime and fallen into a grave sin, and so she should avoid ever being alone with him, because he is not to be trusted. This is our advice to her.

 

Finally, we praise Allah, the Lord of the Worlds, and peace and blessings be upon the Muhammad and all his family and companions.

The Fatwa Committee in the UK

 


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Fatwa Committee UK Third Meeting

The European Council for Fatwa and Research

Fatwa Committee UK

Praise be to Allah the lord of the worlds, and peace and blessings be upon the messenger of Allah, and all his family and companions. To proceed:

By the success of Allah, the Committee of Fatwa in Britain – that is a branch of the European Council for Fatwa and Research – was able to meet in the British capital; London, on Wednesday the 15th of Rabii Al-Awal 1437 (the 14th of December 2016). It is the third meeting since starting work with regards to fatwas. Discussions were held concerning several contemporary issues that affect the British Muslim community. After discussion of these topics, the following decisions were drawn by the members of the Committee:

(Decision 1/3)

My name is xxxx and I live in London. I’m interested in joining the Armed forces if it is permissible. Having dug into the requirements I realised that you are obliged to swear an oath of allegiance to the royal family and the country. On the other hand I realised there are other Muslims’ serving the cause as well as setting up an Armed Forces Muslim Association where they have an imam. After all of that, is it permissible?

There is nothing wrong for Muslims to join the British army, since they are a part of the society and it is within their rights as resident of the country to do so. However, after joining, if they feel that some of their religious rights are not met; they should pursue the necessary legal channels to obtain these rights as anyone will do in any other occupation. As for the oath, if it is done by the Quran or by the name of Allah, there is nothing wrong with it.

(Decision 2/3)

Is it allowed for Muslims of Europe to travel to Syria and take part in fighting against the oppressive Syrian regime, in order to help them as a religious duty?

The committee has agreed that is not allowed for European Muslims to go to Syria or any other countries facing conflicts, due to the following reasons:

  1. It is important for European Muslims to respect the law of the land that that they are living in and not to break it, since they have entered into an agreement to obey and respect the laws of their country. Allah said: “O you who believe, uphold your agreement” Surah Maida: 1
  2. If a country allows for its resident to go to Syria or any other areas of conflicts, there should be a clear beneficial objective in going there. If there is uncertainty in the conflict, as to the cause, objective or any confusion as to the direction it is heading then they should not go.

The fighting today in Syria has a lot of uncertainty and confusion, with many groups fighting each other claiming Islamic causes but in fact, many groups are extremist, takfeeres and end up killing innocent people.

It was narrated that Jundab bin ‘Abdullah said: “The Messenger of Allah [SAW] said: ‘Whoever fights for a cause that is ‘Amiyah’ advocating fellowship, getting angry for the sake of fellowship, then he has died a death of Jahiliyyah.'”

The scholars they said: ‘Amiyah’ means ‘cause that is not clear’

It is the duty of all Muslims to help the oppressed Syrians or any other oppressed people in ways that are indeed beneficial like helping the refugees, donating to recognised charities, building schools, hospitals, clinics etc. This is the least one can do in showing their care and concern for the oppressed people.

(Decision 3/3)

A Muslim passed away in Germany on Friday, there is no Muslim cemetery in his city. Is it permissible to delay the Janazah until Friday so we can bury him in another cemetery a bit far? Can we pray on the Janazah on Friday so more people will attend due to Jumua’h prayer and then returned to the morgue storage until the burial day and then a second Janazah prayer takes place again before burial him?

Yes, it may be delayed until Monday as long as his body was kept in the refrigerator in order to move him to another city to be buried in a place dedicated to Muslims and bestowed from the visitor’s prayers over there. These are very legitimate reasons as you do not have a cemetery or a corner special for Muslims in your city. You may pray his Janazah on Friday, as there is nothing wrong to pray it again before burial. This is the view of a number of Shafii’s scholars.

(Decision 4/3)

My questions is about the amount of insurance (deposit) that you pay the letting agency if you want to rent a house, and when the contract ends, it will be refunded to you where the house is not damaged. Is there zakaah on this deposit money?

The Commission does not see that there is a Zakat payable on this money as it is the landlord’s responsibility until he returns it. The committee takes a similar stand with the European Council and Researches in a similar issue. This answer (Fatwa 3//26): “The amount taken is a guarantee that it is not developing. He does not have control over this money fully; as he cannot invest it or develop it. So there is no Zakat until he gets it back and after, he has to pay one year zakat on it”.

(Decision 5/3)

I am trying to determine the Islamic legal opinion regarding inheritance tax in the U.K. as part of my efforts in understanding Islamic succession law in the context of common law (English law).

As you know inheritance tax is levied on the estate of the deceased so it is in effect an estate tax.

Inheritance tax is paid on an estate of the deceased if the total value of the estate is above a threshold known as the nil-rate band, which is £325,000 for the tax years 2009-17. Current law allows unused inheritance tax threshold to be transferred after death of the first spouse to the surviving spouse, thereby increasing the threshold of the second spouse up to £650,000.

Inheritance tax applies to all assets (any “transfer of value”) of the deceased if UK domiciled, if not UK domiciled it applies to all assets in the UK. The current rate of inheritance tax is 40% on the amount above the threshold referred to as the nil rate band.

By law inheritance tax must be settled, if due, before the estate can be distributed among the beneficiaries.

What is your opinion regarding U.K. inheritance tax?

Is U.K. inheritance tax a form of debt due to the HMRC (HM Revenue and Customs), therefore, should be paid out of the estate of the deceased like other debts?

(Decision 6/3)

I want to confirm that jobs in conventional banks are halaal or haram, are they according to Islam or not. Sir currently I have joined xxxx bank as gbo services, the responsibility assigned to me is; account opening, cross selling and maintaining service quality. I have joined one month ago please tell me if I should continue or leave this job?

 Work in a traditional bank is not forbidden at all, because the bank, even if it includes works that are not legally permissible, also performs legitimate award functions. That which is prohibited from working in the bank is limited to what is not permissible, such as usury handling. This is not permissible as according to the hadeeth of Jaabir ibn ‘Abd-Allaah; He said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) cursed the one who consumes riba and the one who pays it, the one who writes it down and the two who witness it. And He said: “they are all the same ” (Narrated by Muslim). If the work is otherwise, it is all permissible in the first place, especially those that provide necessary services such as the opening of accounts and bank transfers.

(Decision 7/3)

A Few days ago I received a proposal from someone who lives in xxxx, but unfortunately I soon found out that he works in a bank. His role is an advisor at a bank and his position is called Account Manager. He helps people to invest, open bank account and deals with credit approval and so on. He said that he doesn’t deal with interest but he educates clients about it. He admits that it is something he isn’t happy about. But he said working in a bank gives you no choice and that you can’t avoid it. And that it is something that Islamic banks also do. He said that in a few years time he wants to do something different but his priority is marriage now. Obviously I don’t agree with his choice and decision. I believe we all have a choice and we shouldn’t use marriage or anything as an excuse to involve in something haraam.

So my question sheikh is that first of all is his job haraam? Does it fall under the category of working with interest? If so, is it a good reason to reject the proposal? Because if it is interest I don’t want anything to do with it as I take my Deen seriously. Also even if he changes his job is his money that he saved from his old job halaal? Can he even use it?

A previous fatwa was issued explaining the ruling of working in a conventional bank. A person like this has some earnings that can be classified as haraam and he should try his best to stay away from a job like this. But this should not be a reason not to fulfill your marital wishes. The wealth you receive by way of maintenance or gift are both allowed in Islam and acceptable according to the Sharia.   One should not dwell into the wealth given as to where it comes from but should instead accept it. The Sharia principle with this regard is clear that wealth by itself cannot be associated with halaal or haraam, but if it is acquired from halaal then it is halaal or if it is acquired from haraam then it become haraam.

(Decision 8/3)

An Islamic Sharia body has issued annulment of my marriage but my husband doesn’t recognize it.

The committee has agreed that the rulings issued by Islamic courts in Europe are binding, as long as their processes are diligent, and their works are recognized by the Muslim community. This is the advice also given by the European fatwa committee.

Also, we as a committee have no authority to judge if this Sharia body has done the annulment correctly. Since you wish to resume the marriage, we advise for a new nikaah to be performed. This will clear all doubts and both of you will be Islamically married and clear of any haraam, since to have a relationship without Islamic approval is something that should not be taken lightly.

(Decision 9/3)

The patient asks that his sister suffered a stomach pain and went to the doctor who examined her and then the doctor replied that she had no issues and she shouldn’t worry. Then after a little while, the pain became intolerable and she went to the doctor again and she has been told the same answer as earlier. The third time they discovered that she was suffering from cancer, but the delay in treatment led to her death. He demanded compensation for the indulgence received by the doctor. After a long case, he received compensation which is more than one million pounds. Is it permissible for him to take this money and spend it the way he wants?

Where this compensation was proved by virtue of the judiciary, based on the negligence of the doctor in his work, which did not meet the standards of professionalism required, then this compensation may be taken. Furthermore, the doctor bears responsibility and is a guarantor of the damage caused by it, Shaykh al-Islam Ibn Taymiyyah said: “whom he can feed a person by feeding or watering him, and he did not, then that person died, he takes responsibility (jurisprudential selections page 301). This compensation is a legacy divided on the heirs on the basis of the Sunnah, who deserve the diyah (blood money), and most contemporary scholars agreed upon this.

(Decision 10/3)

It is allowed to use a syringe which may contain a prohibited substance?

If the specialist doctor determines that this vaccination is necessary and there is no alternative which contains halal ingredients, then it is permissible to use this vaccination from therapy. The European council for Fatwa and researches issued in this regard the possibility to use paralysis vaccination on children which contain within it the pork Trypsin (Fatwa 68). Medication is deemed to be a necessity.

In conclusion, there is nothing wrong if your father use this vaccine for the treatment as there is no alternative to it.

(Decision 11/3)

Is it allowed to give children vaccination that contains pig products?

This question has been answered by the European fatwa committee, fatwa no: 68.  Based upon their fatwa and the understanding of the principles of Sharia, we would like to state the following:

  1. Usage of medicine that is medically beneficial and protects children from diseases, such as polio is allowed; especially if there is no other alternative and not using the medicine will lead to greater harm and detriment.
  1. We would like to advise all Muslims who are in responsible position not to be too hard on issues like this since it does not come against clear textual evidence.

 

(Decision 12/3)

I am looking to seek a ruling on whether SCALP MICRO PIGMENTATION (SMP) is permissible in Islam.

SMP stands for Scalp Micro Pigmentation. It is a method of depositing pigment into the dermal layer of the skin on the scalp, which replicates hair follicles. When viewed from a few inches or further away, the pigment dots appear as hair follicles. Here are some facts provided by a number of SMP clinics I inquired with:

  • SMP will have no effect on the ability for the skin to absorb water (i.e. for wudhu) or release water as sweat.
  • The pigment consists of Iron Oxide, which according to the clinics is readily present in the body naturally
  • The main difference between a tattoo and SMP is that SMP is semi-permanent and uses a completely natural pigment. It uses specialist pigments created for the scalp only, not tattoo ink.

Touch ups are usually performed 1-2 times per year as it is not permanent.

There is nothing wrong for you do that because it is considered as a treatment of ailment. Especially if  the treatment is temporary.

It is mentioned in a Hadeeth, that Imaam Abu Dawood collected in his book with a ‘good’ chain about Arfaja bin Sa’ad that his nose was injured during the battle of Kilaab in days of Jaahiliyyah. He used a silver brace to repair his nose and still had problems, so the Prophet (peace be upon him) ordered him to use gold instead.

Baldness is like any other ailment. It is allowed for you to use it any treatment to cure it whether that is colouring or hair planting. It is similar to treating burns with permissible treatment.

 

Fatwa Committee UK