Fatwa Committee UK Third Meeting
Category : Bank , Fatwa , Inheritance , Insurance , Islamic Courts , Janazah , Khula , Syria , Vaccination , Zakat
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:
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.
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:
- 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
- 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.
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.
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”.
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?
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.
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.
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.
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.
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.
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:
- 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.
- 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.
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