FAQ in the category of Trade

1 Is share market permissible in Islam?

Is share market business allowed in Islam?

Today, in this sense, we need to analyze the selling and purchasing the stock certificate which is the base of the stock exchange.

1- To be a shareholder of a company which is working on business licit to be produced and put into market. This is without any doubt is allowable. The buyer becomes a partner of that company in accordance with the percentage of his shares, and takes part in its profit and loss, and he is entitled to sell his shares whenever he wishes. (The number of such companies is quite much.)

2- Buying and selling a share that gains or losses price in a way free from the economical value it belongs in the intend of appreciating the present money or keeping its charge or making money by seeking profit. The dealings in the stock market are in the second form. Investing on the exchange market in this sense, though not completely, it is similar to playing gamble or lottery.

It causes the shares to be more precious or cheaper than they are. The people earn or loss money without any sound contribution to the economy and production of the country. In this regard, it is very difficult to assess the exchange stock to be, at every point, as an acceptable trade. (Hayrattin Karaman, Gunluk Hayatimizda Halallar ve Haramlar, p. 265, Istanbul 1999)
In the final declaration of the Stock Market Symposium held in Rabat in 1988 with the attempt of Islamic Law Academy adherent to Islamic Conference Organization and in the seventh term meeting of the academy which was conducted in Jeddah in 1992, it was stated that the shares are licit in that they take part in both profit and loss and yet the Islamic decree about this subject is highly related with the condition that the trade dealings and utmost purpose of the company in question must be permissible.

At this point it must be stressed out that in the cases that the profit of the company might be mixed with illicit, not because of that the activity area of the company is doing prohibited dealings, producing the commodities against the Islamic law, but because of that the company may have been in favour of unlawful proceedings, the shareholders are recommended to count this amount roughly and spend it in the way of good assuming that it is, after all, the right of the public but he should not seek any intention of good deeds for himself.

Indeed majority of the scholars of Islam arrived at a consensus, though some contemporary scholars claim otherwise, the stock market and shares two important Islamic problems of today are permissible in Islam. However, the company whose shares we want to purchase should not have any hand in producing alcohol or pork meat which is forbidden in Islam.

Whether it is permitted buying and selling shares from Stock Exchange, we can determine it by analyzing the following conditions.

1- It is banned to purchase the shares of the companies obviously conducting interest proceedings such as banks, bankers, usuary institutions.

2-It is the same decree for the companies working on the production, selling and buying of the Islamic-banned-things like vine, beer and so forth.

3- Also, it is vetoed in Islam to buy shares from the companies that are selling at interest the goods of which we have share, and then mixing that profit with the other goods.

4-Though the commodity the share of which we have is allowable, if the Muslim people who are the owner of the company whose shares we have are engaged in disallowed dealings, we are proscribed to get any share from that company. Because if we buy anything from them, then we would support them indirectly which is called “cooperation in sin” in Quran. And that cooperation is not permitted in our holy book.

5- Buying any share from the Christian or Jewish-owned companies is abominable even if there may not be any other drawback. When the Islamic law books observed, it can be come into such a conclusion that it is not allowed to buy any share from communist, mason or atheist dominated companies.

6- It must be known about what is the percentage of the bought share compared to the whole company.

7-There must be asset. Buying the shares of an institution like Credit Company is prohibited in Islam.

8- It is permissible to buy participation shares from the share owner of a company which is essentially licit but is not being run in accordance with Islamic rules so that you can receive what he owes you. But you must sell those share certificates as soon as possible. And if you make any profit out of that trading; you must give it either to the poor or to the service of public.

9- It is unanimously licit to buy from the companies that have no relation with what is impermissible, the Muslim people constitute the majority, declare obviously the share to the sold stock certificate of the company which is subject to be sold, enable the people whenever they intend to give up the partnership. And these Muslim Businessmen are extremely important for Islamic enterprises and licit capital. Because participation shares are the most crucial alternative for the interest which is one of the greatest major sins in Islam, the sharpest way of finding management and investment capital. If the Muslim people succeed putting this into practice by keeping it far from interest, they can be a means for coming about great operational managements and eradicating the interest.

Sources:
Halil Gönenç, Günümüz Meselelerine Fetvalar, 1. Cilt, s. 382-383.
Dr. Faruk Beşer, Fetvalar, Nil Yayınları, İzmir, 1991, s. 78-79.

2 Is private life insurance permissible?

There are many aspects of the insurance. It is impossible to mention all of them here. Insurance is divided into three groups, these are; compulsory or social insurance, private business insurance and solidarity insurance (mutual insurance, indemnity insurance). Since the third one is completely an organization of help and solidarity, it is permissible and nearly everybody is unanimous in this. Having the purpose of providing help and solidarity among the citizens in order to share the risks of life between each other, the first one too, is actually same with the third one. The only difference between them is that the first one is compulsory.

The insurance, which is argued about, is the second, which is private business insurance. Actually, having no difference in terms of operation, such insurances have two unfavorable aspects. The first is; because of the amount of money that the insurance companies are suppose to tie up in a bank, generally they are subsidiary companies of a bank and they get interest from the collected amount of money. And the second is charging interest to the some kinds of life insurances. Apart from that, the difference between these type of insurances and social insurances is only that social insurances are organized by government but these are organized by private sectors. And this doesn’t change the judgment. The first unfavorable case of these two doesn’t break the contract, since it is out of the terms of the contract. It is something like that for example a grocer –that you trade with- makes use of money in an ill-gotten way. Such a contract isn’t forbidden but since it indirectly sustains undeserved earnings, it is not unobjectionable. Allah Almighty decrees; “Help each other by fairness and piety (taqwa), but not by enmity and sin”. Therefore, if there are insurance companies which don’t include such kind of objections, we should work together with them, but if there aren’t, it can not be permissible.
But the second objection is directly interest and such a contract is completely forbidden itself. The insured person pays the premium for a length of time and pays it back with its real interest rate later. Certainly this is usury.

In conclusion, if there is an opportunity that removes such objections, then claiming that it is forbidden will have no grounds (Faruk Başer).

3 Muslims working abroad deposit their money in the banks there. When they withdraw this money, they are given some amount of interest. Some do not receive this money considering it illicit whereas some receive the money saying that to receive interest from

4 Is share market business and life insurance allowed in Islam?

Is private life insurance permissible?

In conclusion, if there is an opportunity that removes such objections, then claiming that it is forbidden will have no grounds.

Faruk Başer

Is share market business allowed in Islam?

Today, in this sense, we need to analyze the selling and purchasing the stock certificate which is the base of the stock exchange.

Whether it is permitted buying and selling shares from Stock Exchange, we can determine it by analyzing the following conditions.

1- It is banned to purchase the shares of the companies obviously conducting interest proceedings such as banks, bankers, usuary institutions.

2-It is the same decree for the companies working on the production, selling and buying of the Islamic-banned-things like vine, beer and so forth.

3- Also, it is vetoed in Islam to buy shares from the companies that are selling at interest the goods of which we have share, and then mixing that profit with the other goods.

6- It must be known about what is the percentage of the bought share compared to the whole company.

7-There must be asset. Buying the shares of an institution like Credit Company is prohibited in Islam.

Sources:
Halil Gönenç, Günümüz Meselelerine Fetvalar, 1. Cilt, s. 382-383.

5 Questions on Commercial Ethics

The essence of commerce is sincerity, safety, well comprehension of the age and utmost kindness and utmost decency shown towards customers. One who lacks one of them actually causes damage to the essence of commerce and thus blocks his own livelihood.

The essence of commerce is based on trade, enterprise and use of capital. Allah the Glorious says: “O ye who believe! Eat not up your property among yourselves in vanities: But let there be amongst you traffic and trade by mutual good will.” (al-Nisa,4:29). “God hath permitted trade and forbidden usury.” (al-Baqarah, 2:275). “O ye who believe! When the call is proclaimed to prayer on Friday (the Day of Assembly), hasten earnestly to the Remembrance of God, and leave off business (and traffic): That is best for you if ye but knew! And when the Prayer is finished, then may ye disperse through the land, and seek of the Bounty of God: and celebrate the Praises of God often (and without stint): that ye may prosper.” (al-Jumu’ah, 62:9-10).

Some of the advice of the Messenger of Allah to tradesmen is as follows: “A tradesman who is straight (honest) both in his words and actions is in the shadow of the sky on the Day of Judgment.” (Ibn Majah, Commerce 1) “If one collects eatables and sells them at the current market price, he earns thawabs as if he gave them freely to the poor and the needy.” (Ibn Majah, Ruhun 16). “O community of tradesmen! Doubtlessly, there are a lot of lies in trade. For this reason, compensate for it with sadaqah.” (Abu Dawud, Buyu 1) “A tradesman who is reliable in his words and actions is with prophets, the siddiq and martyrs.” (Tirmidhi, Buyu 4; Ibn Majah, Tijarat 1)

The Messenger of Allah (pbuh) also advised on commercial partnerships. The Quran gives only general ethical principles on the subject. “Truly many are the partners (in business) who wrong each other: Not so do those who believe and work deeds of righteousness, and how few they are!” (Sad, 38:24). Another verse talks about partnership in inheritance as follows: “If the man or woman whose inheritance is in question, has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third.” (an-Nisa, 4:12). A holy hadith narrated by Abu Huraira is as follows: “As long as two partners in business do not betray each other, I am their third (I am with them). If they betray each other, I leave them.” (Abu Dawud, Buyu 26). Other hadiths are as follows: “Allah’s hand of power is with partners in business as long as they do not betray each other.” (Abu Dawud, Buyu 26). “Profit return is shared according to conditions determined freely by partners. And the loss is dealt with according to ratio of their capitals.” (Ibn Majah, Tijarat 63)

The Prophet has got many remarks, actions and statements related to commercial and financial life. As a matter of fact, when the Messenger of Allah was asked what the best way of livelihood was, he answered: “It is one’s elbow grease and acceptable trade.” (Ahmad bin Hanbal, Musnad, 3/466). And this refers to trade in which there are no betrayal and lying.

The Prophet himself (pbuh), too, traded, lent, hypothecated and had business partners. He became a prophet in a time when people were involved in various commercial activities and he did not forbid them from trade but contrarily encouraged them saying nine tenth of livelihood comes from trade. (Munawi, Fayzu’l-Qadir, 3/220). However, interest, black marketing, lying, trickery, fraud and uncertainty which can lead to ill-gotten gains were banned and a financial system in which the rightful person can have his right and those who want to wrong others are eliminated was targeted. For a trade free of problems, shopkeepers and tradesmen must have enough knowledge in their fields or must have an expert to whom they can resort to at any time. As a matter of fact, Hazrat Umar started a campaign for gaining knowledge and information in trade when he became the caliph. The first notice of commerce that he sent to all governors is as follows: “One who does not know Islamic judgments related to his own trading may not trade in our markets and bazaars because he may fall into interest due to his ignorance.”

Is there a limit for the rate of profit?

Commerce and profit are mentioned in the Quranic verses and hadiths in general, and financial life is asked to continue in accordance with some certain principles of life and within its own natural rules. Profit made from commercial activities which are done according to their own rules and Islamic principles are considered lawful. However, necessary precautions were also taken against excessively greedy people who might want to exploit people making excessive profit. With these precautions, it was aimed to protect the essence of open competition and to prevent exploitation of people’s needs. Amongst these precautions, prohibition of interest, black marketing, lying and fraud, stopping ways of unrequited earning and applying government regulated prices when necessary can be listed. In this sense, it is understood that Islam does not determine a limit to profit on a percentage basis added to prices of various goods in trade. Generally, pricing dependent on rules of supply and demand and within the principles of open competition is taken as a criterion. The following answer of the Messenger of Allah to people who resorted to him for controlling current prices and determining the limits of profit is meaningful: “Doubtlessly, It is Allah who determines prices, gives abundance and poverty and endows livelihood. I would not like to return to my Lord while one of you wants his rights from me because of an injustice in property and life matters.” (Abu Dawud, Buyu 49; Tirmidhi, Buyu 73; Ibn Majah, Tijarat 27). However, we should state right away that the absence of a limit to profit on a percentage basis in sales contract does not mean that one can sell things at any price he likes. “Prohibitive price becomes in question when something is sold above the current prices by influencing customers with false swearing, hiding the good’s defect, praising the good by attributing to it facilities which it does not really have, showing cost of the production higher than it is and taking advantage of scarcity of the goods. In this sense, the extra profit which is not rightful to the seller is not lawful for him.

What is exorbitant profit? What is the percentage of profit?

Defrauding is expressed as “ghabn” in Islamic terminology. It is divided into two as “exorbitant ghabn and moderate ghabn. It means defrauding to a large extent and to a small extent because it is difficult to avoid it. Besides, people consent to small differences in price. On the other hand, if the price is too much above the current prices, customers think they are defrauded and do not make the extra price they pay halal to sellers. Therefore, the issue of exorbitant price comes out. The amount of exorbitant (prohibitive) price has been determined by jurisprudence (case-law). According to Hanafis, there is fraud (ghabn) in prices which are too low or too high when compared to evaluations by experts. Nusair ibn Yahya, who is a jurisprudent of Belh, (death 268/881) limited exorbitant fraud to 20% for immovable properties, 10% for live animals and 5% for other movable goods and stated that pricing above or below current prices in the market, exceeding these limits, is considered exorbitant fraud, taking into consideration the flow rate of goods that are in sales contract in market and people’s demand for them. Extra pricing which is below these percentages is considered moderate fraud. The Majallah (Islamic-Ottoman civil code) made these criteria into an article of law with article numbered 165. However, exorbitant fraud can be a reason to cancel sales contract only when there is trickery at the same time. Otherwise, there is not any Islamic objection when one sells his goods at any price he likes, on condition that he gives true information about them to customers, without any lies and tricks. According to Malikis, it is exorbitant price when it is above or below general price in market with the price being one third higher than the real cost of the good. This was the same in Abu Bakr’s practice.

We think that the reason why Islam has not determined a certain limit to the amount of profit to be considered exorbitant is to leave its determination to the customs of countries and regions. Different madhhabs putting forward different criteria on this subject indicates this, too. On the other hand, it is necessary to evaluate cash sales and credit sales separately because it is known that the rate of profit is high in credit sales.

In conclusion, for the one who sells something with a price higher than general price in market by lying and tricks, the extra profit he makes is not lawful. He must seek customer’s forgiveness. If this is impossible, he must donate to the poor and needy to compensate for it. A hadith says: “O community of tradesmen! Doubtlessly, there are a lot of lies in trade. For this reason, compensate for it with sadaqah.” (Abu Dawud, Buyu 1; Tirmidhi, Buyu 4: Nasai, Ayman 7)

What is Black Marketing?

Black marketing means storing something people need and wait until its price increases before putting it on the market. It is an Islamic principle not to control commercial life strictly and to allow prices to be determined by free competition. When some goods are stocked for black marketing, it causes scarcity on the market and prices begin increasing due to too much demand. This is already what black marketers aim at. The Prophet (pbuh) said: “How evil is an black marketer! He is upset when he finds out that prices are decreasing and is happy when he hears them increasing.” (Kamil Miras, Tajrid-i Sarih, 6/549). “One who keeps an eatable in store for 40 nights (while it is needed) is away from Allah and Allah makes him away from Himself.” (Ahmad bin Hanbal, Musnad, 3/33). For black marketing to occur, the following conditions are necessary:

1- The stored items must be bought,

2- They must be eatables,

3- People must have difficulties buying the stored items and must be in need of them.

According to Abu Yusuf, there exists profiteering in all kinds of items the storing of which harms people along with eatables. The storing period of an item is normally forty days; however, this period can be shortened in case of social difficulties. As a matter of fact, today the society will have great difficulties if utility goods such as fuel and bottled gas are taken off the market for more than two or three days. Otherwise, there is no objection to fixing prices officially (narh), especially for necessary articles.

What is the sales ban before reception of goods? What kind of effects does it have on commercial life?

Actual reception of goods that are bought is called “qabd.” In case of selling of goods by the customer to a third party before they are actually received, any disagreement on the reception of goods that may occur between the first seller and buyer will affect the second sale. Goods may not be received as a result of the first seller breaking his promise, goods being defected or destroyed for some reason. In this case, the second seller will not be able to keep his promise until the other problem is solved. The Prophet (peace be upon him) said: “Whoever buys an eatable product, should not sell it to someone else until he receives it.” (Bukhari, Buyu 54, 55; Muslim,Buyu 29-32; Abu Dawud, Buyu 65). The eatable product mentioned in this hadith is just an example and it covers selling of all movable items. If the goods are sold to someone else before they have actually been received, it results in increase of price before the goods have not been taken over and even before they have been actually produced. Some resellers, this way, earn money on paper before seeing the goods. According to Abu Hanifa and Abu Yusuf, it is permissible to make use of immovable items before they are received. The evidence they base their opinion on is the principle of “istihsan”. The possibility of an immovable property to be destroyed or changed before reception is quite rare. And a rare thing cannot be accredited. According to Imam Muhammad, Zufar and Shafii, it is impermissible to sell immovable properties just like movable properties, before reception.

What are rights and duties of debtors and creditors in Islam?

It is important to keep promises that have been made in commercial life, like in all fields of life. Our people have internalized sayings such as “as straight as a die”, “my word is my bond” and “either appear as you are or be as you appear.” It is important to keep promises and to fulfill commercial contracts on due dates in commercial life, which mostly deals with personal rights. Otherwise, personal rights will be violated and they will be left to revenge in the hereafter unless wrongdoers seek forgiveness from the ones they have wronged while alive. It is demanded from people to record mutual debts on paper and to comply with promises and contracts. The Quranic verses say: “O ye who believe! Fulfill (all) obligations.” (al-Maidah, 5:1). “Fulfill (every) engagement, for (every) engagement will be enquired into (on the Day of Reckoning).” (al-Isra, 17:34). The following hadith of the Prophet interprets the verses above: “Muslims comply with the conditions which they have determined amongst themselves. However, conditions which make haram halal and halal haram are excepted.” (Bukhari, Ijarah 14; Tirmdhi, Ahkam 17). On the other hand, debtors who have got difficulties in paying their debts must be given a chance. The Quranic verse says: “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, 2:280). However, a debtor, who does not pay back although he can afford, is considered to be unjust to creditor. The following is stated in a hadith: “It is injustice of one who is able to pay his debt to delay it.” (Bukhari, Hawala 1, 2; Muslim, Musakat 33; Abu Dawud, Buyu 10; Tirmidhi, Buyu 68).

The creditor has got the right to collect his payment from such a debtor through court. One can get into debt in order to meet his needs, to expand his business and to increase his endorsements by buying more properties. There is no objection to getting into debt to the degree that one can pay it back. As a matter of fact, the Prophet got into debt from time to time in order to meet his needs, too. For instance, he bought food from a Hebrew and left his armor as mortgage. (Bukhari, Jihad 89).

Allah the Glorious helps those who get into debt with the intention of paying back later. A hadith narrated by Abu Huraira says: “Whoever gets into debt with the intention of paying back later, Allah enables him to pay it back. Whoever takes one’s property with the aim of wasting it, Allah wastes him away and he cannot pay back.” (Bukhari, Istiqrad 2). The importance of aim in getting into debt is clearer in the following hadith narrated by Abu Umamah: “If anyone takes other people's money with the intention of repaying it and then he or she should die without settling the debt, Allah will pay the debt on his behalf. And if anyone takes money or property (of others) with the intention of destroying it, Allah will destroy him." (Kamil Miras, Tajrid-i Sarih, 7/273). However, these warnings do not mean that it is impermissible to get into debt according to Islam.

Islam’s advice on getting into debt is being moderate and not to get into a debt that is beyond what we can pay back.

We would ask Allah the Glorious to endow upon us livelihood, free of harams.

Footnotes

1- Ghabn which means fraud in trade, giving inadequate amount, hiding, not realizing is divided into two according to the Hanafis and both have got their own judgments. Exorbitant ghabn means selling an item at a price much higher than what is determined by experts or buying it at a price that is much lower. Moderate ghabn means selling an item with a difference price that is neither so high nor so low, which people can tolerate though considering it a fraud.

2- Gharar means the risk of fraud and uncertainty in trade. Islam prohibited selling of fruits, vegetables and harvest before they have ripened enough because there is gharar with such products; that is, the risk of being wasted away.

3- Narh means determining of prices by state, government or other authorities and prohibiting shopkeepers and sellers to exceed them.

6 Which type of Riba is Al-riba?

Riba (interest) is an Islamic law term which has the meanings of increasing, multiplying, inflating, developing, attaining and during interchange agreements, a gratuitous excess, which is accepted as the right of one part (from two parts) and laid down as a condition during the agreement. The word “riba” being an infinitive in Arabic, etymologically, means “absolute increasing”.
When two things which are the same kind and amount are exchanged, the extra amount for one party is called “riba” or “interest” (Ibnul-Human, Fathul-Qadir, V, 227) such as exchanging 100 gr. gold for the same carat of 120 gr. gold in cash or forward... In such a procedure, one who gives 100 gr. gold has to take the same amount of gold. Here, if the 100 gr. gold is capital (ra’sul mal), and the 20 gr. is excess, that excess is called “riba” (Elmalılı, Hak Dini Kur’an Dili,II, 952,953).
In Turkish, instead of the word of “riba”, the word of “faiz” (interest) is used. That word has the meanings such as overflowing, overflow, full and the profit taken in return for the given money. Elmalılı Hamdi Yazır when explaining that “riba” and “faiz” have the same meanings; says the following: The word “riba”, in the dictionary, is translated as “increasing” and “inflating”, so it assumed the meaning of “particular excess” what we call “faiz”.
In the Era of Ignorance (the pre-Islamic era), the main debt was called “ra’sul mal”, and the excess as “riba”. Today’s interest procedures, in respect of qualification, are no different than those of the pre Islamic era. Decreasing or increasing the interest amounts or types, from time to time, does not change the attribute of that act. So, the interest in the pre Islamic era customs is exactly the same as what is called “faiz” or “nama” today (both words have the meaning of “interest”). Doubtlessly, in dictionary its most suitable name should be “riba”, “the excess” or “the left”. The reason, why it is used as “faiz” or “nama”, is because of misunderstanding the verse "Trade is like usury" (Qur’an, Al-Baqarah, 2/275) and by comparing that verse to buying-selling and trading. (Elmalılı, ibid, II, 952,953).
Unless an attribute of something changes, the change of the name does not change the decree about it. So, the decrees about “riba” are also used for “faiz” which has the same judicial features. This is like saying the “ijara agreement” (contract of employment in the Ottoman State) as “renting agreement” both of which have the same meanings.
Islam, when solving the problems related to community about social and economical cases, has complied with the principle of “tadrij” (gradualism). Usury was an important way of earning money for Arabs especially for high-class people. It was not suitable to stop it at a bound. Thus, the prohibition of the “riba” underwent a gradual process just like the prohibiton of alcohol.
Abu Hurayra narrated the following from Hazrat Prophet: “The night of miraj (Our Prophet Muhammad’s ascension), I came across with a crowd whose stomachs were as large as houses. There were snakes, visible from outside in their stomachs. When I asked Gabriel (Jibril) (peace be upon him) who they were, he answered: ‘They are those who received interest.’” (Ibn Majah, Tijarah, 58; Ahmad b. Hanbal, Musnad II, 353, 363). As the event of the Miraj occurred around the year 621 (Gregorian calendar) in Makkah, it was pointed out then that interest would be prohibited in the future. It was stated in a verse that was revealed in Makkah that usury would not increase one’s property (Qur’an, Ar-Rum, 30/39). And in a verse revealed in Madinah, it is expressed that in the Torah, interest had been prohibited for Jews but because they did not comply with that prohibition, the things that were halal (permissible) for them had been made as haram (forbidden).(Qur’an, An-Nisaa, 4/160)
And with the following verse, partial prohibition was commanded:
“O you who believe! Devour not usury, doubled and multiplied; but fear Allah that you may (really) prosper.” (Qur’an, Aal-e-Imran, 3/130)
Here, with the word “usury”, “compound interest” is meant. The Qur’an, without any distinction between little and much interest, prohibits interest absolutely with these verses:
“Allah has permitted trade and forbidden usury” (Qur’an, Al-Baqarah, 2/275). but those who repeat (the offence) are companions of the Fire: they will abide therein (for ever) (Qur’an, Al-Baqarah, 2/275).
“O you who believe! Fear Allah, and give up what remains of your demand for usury, if ye are indeed believers. - If you do it not, take notice of war from Allah and His Messenger. But if you repent, you shall have your capital sums: Deal not unjustly, and you shall not be dealt with unjustly.” (Qur’an, Al-Baqarah, 2/278, 179)
According to most of the interpreters, the verses of interest were revealed because of the interest problem of the tribe of Bani Thaqif. The interest of assets and liabilities of that tribe had been abolished in the Taif agreement made with Hazrat Muhammad (pbuh
There emerged hostility when the Sons of Muqhira did not pay their debts to the Sons of Umayr who were from Bani Thaqif. Hazrat Prophet was informed about the situation in writing by the governor of Makkah, Attab b. Asid (d. 13/634). Thereupon, the verses of interest were revealed and Hazrat Muhammad sent the related verse to the governor. In addition, our Prophet (pbuh) wrote to the governor, “if they accept that command, it is all right; otherwise, declare war against them”. Thereupon, the people of Taif gave up their demands. (At-Tabarî, Tafsir, 105, 106; Elmalılı, ibid, II, 972). The conquest of Makkah and Taif took place in the 8th and the last pilgrimage (hajj) in the 10th years of Hijra (Emigration). Hazrat Prophet started the prohibition of interest with the following words: Watch out! All of the usuries of the Era of Ignorance has been laid aside forever, and the first usury I begin with is that which is due to my father’s brother ‘Abbas ibn ‘Abd al-Muttalib.. (Muslim, Hajj, 147; Abu
Dawud, Buyu', 5).
The interest that Islam prohibits is divided into two parts. The interest of nasia and excess:
a. The interest of nasia (riban nasia): This is the kind that was known and carried out in the era of ignorance. This kind of interest is carried out in accordance with the time which occurs through sale contracts and by granting loans. If the debt is not paid in its deadline, an extra amount of interest is added through new contracts. In the Qur’an, that kind of interest is pointed out and is prohibited:
“O you who believe! Fear Allah, and give up what remains of your demand for usury, if ye are indeed believers. - If you do it not, take notice of war from Allah and His Messenger. But if you repent, you shall have your capital sums: Deal not unjustly, and you shall not be dealt with unjustly.” (Qur’an, Al-Baqarah, 2/278, 179)
b. The interest of excess (ribal fadl): This is what is mentioned in hadiths and means to sell the same kind of goods by declaring two prices such as exchanging one-scale-wheat for two-scale-wheat...
From Ubada b. Samit, it was narrated that Hazrath Prophet said the following: “Gold with gold, silver with silver, wheat with wheat, barley with barley, date with date and salt with salt, can be exchanged equally and simultaneously. However, if their kinds are different, -as long as it is in cash- you can trade however you like.” (Muslim, Musaqat, 81; Abu Dawud, Buyu',18; Ahmad b. Hanbal, V, 314, 320). The hadith in the book of Tirmizi has the following addition: Whoever gives the excess amount or receives it during that exchange, it is certain that he will have committed interest.

7 Commission

The commission you have received is not permissible. It is regarded as bribe. First of all, you have to return them to the people you received them from. If it is not possible, you can give them to a charity organization on behalf of them or give them to poor people.

Please click on the link given below;

Is it appropriate to pay commission to someone who works in a company that we desire to sell our products to, in order to persuade them to buy your products?

8 Is network marketing religiously permissible? Is the bonus that is gained through the web of sale religiously permissible?

We cannot entitle a trade which is practiced via Internet or another way as “forbidden by religion” if it is not about one of the forbidden things for Islam as interest, deception, using someone’s goods without right, gaining profit through gambling or selling forbidden things by Islam like alcoholic beverage or pork; if there is no cheating in it and if it does not urge luxury consumption.

As for the system mentioned in the question, the system, by looking from the Islamic perspective, has inappropriate aspects like the following:

1. The system says to people “Find many people, then the people underneath you will work. You will get income till the end of your life.” And it makes people lazy. There is not any useful production that is beneficial for the people and the country.

2. If you buy the service or product, you do not have the right to give it back. In terms of Islamic trade rules, if an object is bought, it has to be on hand and its properties have to be known but this system does not comply with this rule.

3. The members get money as they find new members but in fact, the fake company established in different countries gains most of the money. None of any part of the income gained in Turkey is paid as tax in our country. All of the procedures are made via internet. The national capital and savings are transferred to foreigners through illegitimate ways.

According to the explanations made about the working principles of the system, we can understand that the object bought is unclear. What is more important is “if someone wants to leave the system, he/she gets nothing”. It means nothing is taken; the process is for effect. Then, a process like this cannot be religiously permissible.

9 There are so many banks that claim to be "Islamic", that is "Interest Free" banking. Could you explain please which banks are preferable?

The institutions that function based on the system of profit and loss are permissible because our religion regards them as commercial institutions. Money can be invested in those institutions and the profit share given by them is halal (legitimate).

Interest-free finance houses (Prof. Dr. Hayrettin Karaman)

Interest-free Finance Houses usually carry out the transaction of murabaha (selling on profit) due to the special conditions of Turkey. The term murabaha means buying goods at cash price and selling them at deferred payment price. When the private finance house determines the deferred payment price, it takes some criteria into consideration; among those criteria are inflation, the probable yield of the money in the market when it is invested in other instruments, and some other things... The finance house has to meet the expectations of its shareholders that invest money (the holders of profit and loss accounts). A shareholder (account holder) that invests money with the expectation of profit will withdraw his money if he cannot even receive the inflation difference, that is, the value loss caused by inflation, and the finance house will be unable to operate. It is not enough to compensate the inflation difference; it is also necessary to give some real profit. Since the deferred payment price is arranged based on those necessities, it sometimes becomes a bit lower than the bank interest rates and sometimes more than the bank interest rates. However, it is not possible to say that the transaction is illegitimate only by taking that state (that is, the fact that the profit and the interest rates are close to or different from each other) into consideration. In general, the profit in legitimate trade and the sector of industry is like that; sometimes it becomes equal to interest rate, and sometimes it can be different.

Trade is carried out by buying and selling goods in return for a price. Private Finance houses do the same things in the transaction of murabaha. The buying and selling take place in two forms:

a) The finance house appoints its employee to get the goods and to deliver them to the customer; the invoices are issued in compliance with that transaction (two invoices are issued: one by the seller and one by the finance house).

b) The finance house gives the customer who wants to buy goods (according to some questions the person who wants to use funds) written authority to buy goods; the customer buys the goods on behalf of the finance house and the invoice is issued to the finance house; the customer receives the goods on behalf of the finance house and transports it to the place where the finance house wants (it may be his own store or shop); then he buys the goods from the finance house as the customer; this time the finance house issues the invoice to him.

Both transactions are in compliance with fiqh (Islam). It is necessary to know the intention of the parties in order to call it cheating; if the aim is to give/take credit with interest, it is called cheating; if the aim is to really sell goods through deferred payment sale (if the goods are really bought and sold), it cannot be called cheating.

Private finance houses have two more transactions that are nearer to interest-free system – in terms of their economic and social effects - : mudaraba and musharaka.

In mudaraba, a partnership based on the capital from the finance house and the project and administration (labor, enterprise) from the other party is established. Profit is shared in accordance with the contract. The share of the finance house is shared between the bank and the participation account holders that invested in the finance house. If the enterprise suffers a loss, the finance house and the account holders undertake the loss.

In musharaka, partnership of capital is present; an entrepreneur that has some capital but needs some more asks the finance house to add some capital and become partners; a contract is made; the profit is shared in accordance with the contract and the loss is shared depending on the rate of capital. Interest-free banking has many other transactions and services like financial leasing, lending without interest, money transfer, collection of revenues, etc.

In the private finance houses, mudaraba and musharaka are carried out less in comparison to murabaha. Among the reasons why they are carried out less are the impatience of account holders, the expectation of profit without taking risks, the fact that accounts of the companies are partly off the book, lack of reliance and trust caused by the weakening of the consciousness and feelings of trust, keeping promises, loyalty and haram-halal. The better we, Muslims, get in terms of quantity and quality, the better our institutions will be.

Note: We recommend youto read the following views about the issue too.

Private Finance Houses (Participation Banks) and Prohibition of Interest (Sami Uslu)

Private Finance Houses are institutions that are not regarded as banks and that accept funds in accordance with Islamic principles and allows using funds, that functions based on profit-loss partnership instead of interest for the methods of making use of savings and providing loans. The institutions that are named as “Islamic bank”s in the world are called Finance Houses in Turkey.

The fact that the population of Muslims who regard interest as haram have reached a great number in the West have increased the number Islamic finance institutions and caused the other banks to serve those people with the units that they have established.

“Islamic banking” is the fastest-growing finance sector in the world. Now, more than 200 Islamic finance institutions that are active in the world, direct a fund with an investment size of 200 billion dollars.

Furthermore, some of the banks that have established interest-free banking units within their organization are as follows:

Citibank-USA, Goldman Sachs-USA, HSBC- England, Deutshce Bank-Germany, Union Bank of Switzerland- Switzerland, Amro Bank-Holland, Kleinwort Benson, ANZ Grindlays Australia, United Bank of Kuwait and Arab Banking Corporation.

All of those institutions, which are among the greatest banks in the world, have interest-free banking in their organization. The list of banks that are starting interest-free banking is getting longer day by day.

Key Characteristics of Private Finance Houses:

1- They are interest-free:

The most distinguishing characteristic of those banks is that they do not carry out transactions with interest. That is, they do not pay interest for the funds that they obtain; they do not collect interest from their customers for the funds that they provide their customers with.

After all, the reason why they have been established is to serve the people who do not carry out transactions with interest due to their religious beliefs and to serve the companies of those people. Islam accepts that capital is one of the production factors and that it has a cost. However, it rejects the idea that the capital should demand a pre-determined yield, that is, interest. In other words, it is forbidden to earn money for money.

2- They are trade-related:

The fact that interest is forbidden, trade and profit are legitimate in Islam urges those institutions carry out trade related transactions with their customers. Since money trade is forbidden in Islam, it is necessary to carry out trade of goods in order to earn money.

3- They are equity related:

It is a generally accepted truth that pure Islamic banking includes loss-profit partnership (mudaraba) or capital participation (musharaka).

The capital owner can share the profit with the entrepreneur obtained thanks to his expertise and effort. The rate of the profit, which is the yield of the capital, that is, in what percentages it will be shared is determined beforehand but the amount is not certain.

4- The investments should be ethical:

The investments should be made within the framework of legitimate fields in terms of Islam. In this context, Islamic investments should be environment-friendly, alms-giving, enabling the participation of the community, respectful to humanitarian values, excluding pornography, armament, alcohol and gambling.

Primary products and services of private Finance Houses

1- Mudaraba and Musharaka:

They are the basic methods that form the essence of the Islamic banking in terms of fund using. However, since the yield comes in the long term, those transactions are not used sufficiently. It is indisputable that mudaraba and musharaka are in accordance with Shariah.

2- Leasing Transactions:

In the transaction of leasing, the finance house buys the machinery and equipment, rents it to the customer and collects the price of them in the form of installments. In our opinion, it is outside the prohibition of interest.

3- Murabaha:

In this method, the finance house buys the machinery, etc that the customer needs on behalf of the customer and sells it to the customer by adding some profit to them. The price of the goods is repaid to the finance house by the customer in the form of installments.

It is claimed that murabaha contains covered interest and that it resembles interest rather than commercial profit because it does not contain the risk factor that should be present in normal trade and the yield is predetermined. We do not think that those criticisms are right due to the following reasons:

• Murahaba is a kind of trade that is carried out upon ordering and that kind of trade is widespread in every market.

• The cost plus method used in pricing is a frequently used method in trade. It is completely normal that the seller adds a certain percentage of profit to the cost. That is, the profit margin is predetermined.

• The claim that murabaha does not contain the risk of the normal trade is not true. There exists the risk that the customer may not pay the price just as in the normal trade. It is called market risk or counter-party risk in terminology.

One of the most criticized issues is that the rate in the deferred payment price in murabaha is about the same as the rate of interest of the other banks and therefore it is covered interest.

In our opinion, that criticism is groundless because every merchant in the market has to consider the rate of inflation when he prices the goods for deferred payment. A deferred payment rate under the rate of inflation will inflict a loss on the seller. Similarly, private finance houses have to add a difference to the cost at least equal to the rate of inflation. The rate of inflation is the primary element that determines the rate of interest and it is generally in parallel with the rate of interest. Therefore, it is natural even necessary in terms of economy that the rate of deferred payment and the rate of interest is close to each other.

Therefore, the fact that the deferred payment rate is close to the rate of interest does not make murabaha an interest transaction. As it is explained above, private finance house function in an economy based on interest; it is not possible for the pricing of the funds to be unaffected by the current rates of interest.

Those explanations are also valid for leasing.

4- Buying and Selling Documents in Return for Goods

It is a method of providing funds by Private Finance Houses that form a “grey field”. Documents belonging to an export party realized thorough deferred payment sale are bought from the exporter in return for cash; then, they are sold to the same exporter by adding a difference of deferred payment and the money is collected in the form of installments. For instance, documents having a value of 50 thousand dollars are bought by the finance house from the customer in return for 45 thousand dollars and that amount is paid to the customer at once; simultaneously, the customer sells the documents to the finance house for 50 thousand dollars with deferred payment sale. 5 thousand dollars is the profit of the finance house and the cost of the customer.

It is very difficult to ignore that it is a transaction of discount no matter how good-intentioned you are. As a matter of fact, it can be claimed that those documents represent the goods and that they are tradable goods as in murabaha. However, it is very disputable to regard that defense as valid because the export subject to that transaction is a finished export. The goods have left the Turkish customs and probably have reached the country where the buyer is; at least, they are on the way somewhere outside Turkey. At any rate, the ownership of those goods is not in the exporter. However, the exporter is the debtee and a policy or bond among those documents proves that he has the right to receive the money. The document that the finance house buys and sells back is not the goods but the proof that the customer has the right to receive the money. The deferred debt that the exporter will receive in the future is paid to him now and an amount of money is collected from him. In other words, the customer is sold the time. It is called the time value of the money in finance and it is interest.

A policy or bond that bears the signature of the foreign importer and sometimes also the signature of the guarantor bank is a finance instrument. That document is arranged by the importer as an alternative for cash payment. That is, the importer has arranged a debt document in return for the transfer of the ownership of the goods to him. That bond has two uses:

a- It proves the debt relationship that originates from the foreign trade transaction in question.

b- It enables the exporter to transform the price of the export into cash by discounting it in a bank or finance institution without waiting for the redemption date.

The conclusion to be drawn from it is that the Private Finance House has a structure that is suitable to support exports before shipment not finished exports. The raw materials and intermediate goods to be used in the goods to be exported can be provided for the exporter through murabaha. When the export of ready-made goods is in question, those goods can be sold to the exporter through murabaha.

Pricing Services and Products

We sometimes observe that the services and products presented by Private Finance Houses are expensive and that they discontent and disappoint customers due to the prices higher than those of the commercial banks. Some people put forward that high pricing harms the Islamic characteristic of those institutions and puts them in the same level as banks with interest religiously.

First of all, we should state that high pricing does not transform a sound transaction into a transaction with interest religiously. For instance, a letter of guarantee given by a Private Finance Institution does not have any drawbacks religiously. The commission taken in return for that service is naturally legitimate. The fact that the rate of the commission is high does not turn the transaction of the letter of guarantee into a haram transaction.

However, criticisms stating that the customer is misused in terms of high commission and price that the trust is abused and that the amount taken for the service is high.

On the other hand, excessiveness in pricing can be regarded as an indication that the private finance house works with a high cost or that it carries out a wrong marketing policy.

What determines in which level the commissions and prices are regarded as reasonable is the market conditions and competition. In theory, a private finance house that charges more money than its competitors will fall behind and its market share will decrease. It is the punishment given to that institution by the market. Although what we have stated is true in theory, it is difficult to say that there exists real competition between the private finance houses and commercial banks in terms of customers because what determines the preference of the customer is the religion. The customers of those institutions do not actually go to private finance houses in order to receive cheaper service; the peace and comfort of acting in accordance with Islam plays an important role in preferring the bank that they need for banking services.

Therefore, the competition can be only among the private finance houses. Thus, the private finance houses should take that aspect of the issue into consideration when determining the prices for their customers and they should carry out pricing policies that will make them gain normal profits.

10 How should be a Muslim viewpoint on fortune and wealth?

Being rich is lawful for every Muslim. However, if it would not be achieved, torturing the soul with greed and enmity of fortune is meaningless. Comfort can only be achieved by the acceptance of the destiny. Having fortune does not always bring comfort and peace, but it is certain that enmity of fortune annoys human beings.

Therefore, fortune should be evaluated as a Muslim and according to Islam. The right of having personal possessions in Islam is allowed only with the condition of making money in legal ways. Forestalling, fraudulent sales, gambling, burglary, racketeering; in brief, is an encroachment to the individuals rights.

Anyhow, bare necessities of life like fire, water, and spare grassland are exempted from personal possessions. Zakat (Almsgiving) became one of the five pillars of Islam; charity and benevolence are always encouraged.

If I possessed gold to the extent of mount Uhud, I would wish to spend it in the way of God, leaving not a farthing behind. (Hadith)

And the most important of all: Dissipation is considered Haram (religiously forbidden)

If a wealthy person complies with all these principles, he is propitious, and in the way of serving his community; if not, he is deceiving himself and threatening his own eternal happiness.

Fortune is made either in lawful ways, it is earned by hard work and provided with the following hadiths good news, "An honest and trustworthy merchant (in the hereafter) will be with the prophets, the truthful ones and the martyrs," (Tirmidhi Hadith) or it is unlawful, unjust, and there is a torture mark sealed on it. As Mawlana Jalaladdin Rumi puts it, Possessions of an atrocious person seem nice from far, but it is the blood of an aggrieved person, and consequences of an atrocious persons evil actions.

If the earnings of a person are lawful, it cannot become an enemy to him; if it is unlawful, it is not desired. That is to say, we have nothing to do with others fortune. We have to mind our own business, strive both for worldly, and ethereal happiness of our selves.

A wisdom holder says, A person, who does his own thing, cannot find anything to envy because it is something that cause you to become a vagabond. Instead of keeping you home, lets you wander about.

11 Is International Trade Permissible in Islam?

It is permissible to make trade with non-Muslims. We can prefer Muslims if there are Muslims who buy and sell the same things. However, in terms of religion, it is permissible to make trade with and to go into partnership with Jews, Christians and non-Muslims.

Allah does not forbid relations and attitudes like partnership, having good neighborhood relations, ordinary friendship and giving them food. Allah orders us to treat non-Muslims well and to act in accordance with the criteria of justice in relations with them. (al-Mumtahina: 60/8).

“Allah forbids you not, with regard to those who fight you not for (your) Faith nor drive you out of your homes, from dealing kindly and justly with them: for Allah loveth those who are just.” (al-Mumtahina, 8.)

Our religion has never cut relations with non-Muslims saying they are unbelievers; it has acted together with them regarding several issues that are not connected with belief.

It is possible for a Muslim to act together with the members of other beliefs or faithless people regarding some issues that are not related to belief and to have civilized relations with them. It is natural for people who live on the same land or the same world to exchange ideas regarding some issues from time to time and to have commercial and political negotiations. It may take place both between nations and individuals because a person may have no belief but he may have some humane qualities. He may have some acts that do not originate from his unbelief. For instance, he may do something good for the humanity; he may have some good characteristics.

Our religion has not cut relations with non-Muslims completely. It has shown us ways of having relations with them based on some criteria due to living in the same world with them.

Saying ‘I am the enemy of a person who agonizes a zimmi (non-Muslim living in Islamic country)’ (Kashfu’l-Khafa, 2: 2341), our Prophet (pbuh) ordered Muslims to protect the rights of non-Muslims and not to agonize them.

The criteria that those explanations show are like the interpretation of the verses that we have mentioned. All kinds of transactions with the People of the Book are regarded legitimate and permissible as long as they are not haram. As a matter of fact, our Prophet (pbuh) bought thirty sa’ (half the load of a camel) barley from a Jew called Abu Shahma on account and left his iron armor as a pledge. (Muslim, Musaqat: 24: Ibn Majah, Ruhun: 1.)

The following judgments are made from the hadith above:

1) It is permissible make trade with the People of the Book.

2) The property that the People of the Book have belongs to them.

3) It is regarded permissible to buy and sell things that are not haram to other unbelievers that are not from the People of the Book.( Nawawi, Sharhu Sahih Muslim, 11: 40.)

The Quran is not a book that addresses only a certain century or time. It maintains its freshness and youth as if it is sent down again in each century. Therefore, the judgments and decrees of its verses are valid until the Day of Judgment.

On the other hand, it cannot be said that there is a difference between the People of the Book that is mentioned in the Quran and the People of the Book that live today; it cannot be said that the People of the Book living at that time are better than the People of the Book living today. As a matter of fact, the People of the Book that lived during the time of the Prophet are qualified as rebellious and disobedient in a verse:

“Say: "O People of the Book! do ye disapprove of us for no other reason than that we believe in Allah, and the revelation that hath come to us and that which came before (us), and (perhaps) that most of you are rebellious and disobedient?"(al-Maida, 59.)

12 What are the criteria for social intercourse with non-Muslims? Is it permissible to be business partners with them?

It is permissible to trade with a non-Muslim person. It is also permissible to see a non-Muslim doctor. There is not a religious objection to it. The Prophet (pbuh) told al Haris bin Kalda to work as a doctor though he was not Muslim. (Awnu’l-Mabud sharh Sunen Abi Dawud, vol. 4, p. 14, India).

While migrating from Makkah to Madinah, the Prophet hired an idolater guide who knew the way well. The tribe of Khuza’a, both their Muslim and non-Muslim members, were the Prophet’s confidants. (Halil Günenç, Günümüz Meselelerine Fetvalar II. 285)

If there are Muslims who sell the same things we want to buy, we can prefer them. However, it is religiously permissible to trade with Jews, Christians and other non-Muslims.

The authority prohibited in the Quran is about authority of representing and managing. Islam prohibits authorizing non-Muslims to represent Muslims and govern them. Apart from it, relationships and behaviors such as being business partners with non-Muslims, being neighbors, being friends and offering them food are not prohibited. Islam also orders people to treat non-Muslims well and to pay attention to the criteria of justice in relations with them. (al-Mumtahina: 60/8)

THE CRITERIA FOR RELATIONSHIP WITH NON-MUSLIMS

Islam is a means of happiness and mercy for humankind. Its wings of affection and wide tolerance embrace the ones who do not follow it as well. The followers of other religions found the comfort and peace which they could not find in their own religions in Islamic countries and they pursued their lives there without being subject to any problems. Muslims obeyed the divine orders on the issue strictly and applied them widely.

“And dispute ye not with the People of the Book, except with means better (than mere disputation), unless it be with those of them who inflict wrong (and injury): but say, "We believe in the revelation which has come down to us and in that which came down to you; Our God and your God is one; and it is to Him we bow (in Islam)." (1)

The translation of another hadith which confirms the previous one is as follows:

“God forbids you not, with regard to those who fight you not for (your) Faith nor drive you out of your homes, from dealing kindly and justly with them: for God loves those who are just.” (2)

How Muslims should live with people of the Book and non-Muslims who live in Islamic countries and the rules that should be followed mutually are stated under the light of many other divine orders and hadiths, like the ones the translations of which we have written above. Our religion has never ignored them by saying “they are infidels” and has not broken the relations off with them, and acted together with them in many situations.

Relationships with Jews and Christians are not about their beliefs. Friendship made with them is not for their Jewishness and Christianity. What should be approved about them is some of their good characteristics and jobs because,

“Just as each characteristics of a Muslim is not necessarily Muslim, each characteristic of an infidel is not necessarily infidel, either. In this sense, why should it not be permissible to benefit from a Muslim characteristic by appreciating it? If you have got a wife from the people of the Book, of course you should love her.”
On the other hand;

“Your friendship with them means to appreciate their civilization and development and to benefit from them (adapting them into our culture). And the essence of each worldly bliss is the protection of peace.”

It is because;

“There is not obligation to mix beliefs with procedure (of religion).” (3) That is to say; there is no obligation to mix beliefs with human relations.

It is possible for a Muslim to act together with the followers of other religions or with those who do not have any faith in some situations except faith issues, and to have social intercourse with them. It is natural for people who live in the same country or in the same world to share their ideas with each other on some issues and to have commercial or political meetings. This situation is seen both internationally and interpersonally; because, no matter how infidel one can be, s/he may have some humane characteristics. There can be some features of his/hers which do not result from his/her infidelity. For instance, s/he may do some things which are beneficial for humankind or may have some good characteristics.

Our religion does not totally break relations off with non-Muslims but shows how to have relations with them within some criteria, due to the togetherness caused by living together in the same world.

It does not permit Muslims and non-Muslims living in the same land to treat each other like enemies even though their beliefs are different. Our religion permits marriage with women from the people of the Book, eating their dishes and considers it a duty to visit non-Muslims when they are sick and ask how they are as a part of law of neighborhood.

Those duties are at the same time suggestions of our religion.

“I am the enemy of those who treat the people of the Book living in Islamic countries badly” (4) says our Prophet and orders Muslims to protect non-Muslims’ rights and not to cause them troubles.
Islam, which permits the people of the Book to live peacefully in Islamic lands with the freedom of praying and belief, applied that tolerance quite permissively.

The principles pointed out by those explanations are regarded as interpretations of the verses we mentioned before. All kinds of relations with the people of the Book are considered to be lawful and permissible on condition that they are not haram (forbidden). In fact, Our Prophet bought thirty sa’ (half of a load a camel can carry) of barleys on credit from a Jew called Abu Shahma and left his armor to him as pawn. (5)
From that hadith, the following judgments are deduced:

1) Trade with the people of the Book is permissible.

2) The property which the people of the Book have got is their right.
3) The Prophet was not eager about worldly materials and had only sufficient amounts of them to stay alive.

4) Just as pawning is permissible, it is also permissible to leave a war material to a non-Muslim living in an Islamic country as a pawn. Also, pawning is permissible in the time of peace as well. Moreover, trade of non-forbidden things with other non-Muslims who are not the people of the Book is also permissible. (6)

The Quran states that dishes cooked by the people of the Book can be eaten and Muslim men can marry to women from them in the following verse:

“… The food of the People of the Book is lawful unto you and yours is lawful unto them. (Lawful unto you in marriage) are (not only) chaste women who are believers, but chaste women among the People of the Book, revealed before your time, - when ye give them their due dowers, and desire chastity, not lewdness, nor secret intrigues…” (7)

The interpreters of the Quran say that what is meant by the food mentioned in the verse is the animal slaughtered by them. Fahr-i Razi is one of them. The following event which took place in the Era of Bliss is a clear proof that meat slaughtered by the people of the Book can be eaten, too:

After the Prophet (pbuh) conquered Khyber, he stopped to have a rest. Zainab, daughter of Harith who is a Jew from Khyber, asked: “Which part of the meat does Mohammad like eating the most?” They said that he liked eating foreleg meat and shoulder the most. Zainab slaughtered a goat right away and fried it. Then she applied a fatal poison all over it. She poisoned the foreleg and shoulders more than the other parts. She took it to where the Prophet was resting and said: “O Aba Qasim, I present this to you.” The Prophet (pbuh) took a part from foreleg and put it in his mouth. However, he did not swallow it and took it out. He said to his companions: “Do not touch the food! That foreleg told me that it is poisoned.” (8) As it is seen here, the Prophet would not hesitate to eat from an animal which is slaughtered and cooked by a Jewish family.

Just as it is permissible to accept a present from the people of the Book, it is also permissible to give them presents.
For instance, the Prophet sent presents with his envoy to foreign governors to whom he sent letters to invite them to Islam, and he accepted the presents they sent to him in return.

When the Prophet (pbuh) was in Madinah, a famine started out in Makkah. The Prophet helped those who were in danger of starving even though they were idolaters. He sent 500 them gold coins. He wanted Abu Sufyan and Safwan to be set free and wanted them to distribute those gold coins to the poor of Makkah.

Judging from this event, the Islamic jurisprudents said that it was permissible for Muslims to give presents to and accept presents from non-Muslims. (9)

Another event which took place in the Era of Bliss enlightens the issue. Asma, daughter of Hazrat Abu Bakr narrates:

My mother, who was an idolater at the time of the Prophet, one day, came to me with some raisins and oil as presents. I did not want to accept the presents and let her into my house. I came to the Messenger of Allah and asked:

“O Messenger of Allah, my mother came to me with her son Harith. She wants to be intimate with me and to be cared for. Can I respect my mother and behave courteously to her? The Messenger of Allah said: “Yes, respect your mother and be courteous to her”. (10)

As it can be deduced from the hadith above, the Prophet (pbuh) suggested Asma to accept food her mother brought and respect her even though she was an idolater. Bukhari, who mentioned this hadith in the section under the title of “The permission for a Muslim to give an infidel presents”, states that the hadith is proves the issue.

Both the generosity that Our Prophet showed to Makkan people and the permission he gave to Asma is another proof of that he contained all high moral qualities in himself because it is also about visiting relatives. Even though one’s relatives may be non-Muslims, s/he should not break off the relations with them. If one has got a non-Muslim relative, they should help him/her when necessary, should visit him/her when s/he is sick; if s/he calls them over, they should accept and eat from his/her food and if there is an argument between them, they should not speak any offending words for him/her. It is also permissible to marry women from the people of Book. Besides human relations, non-Muslims also fought on the same side with Muslims. There were approximately eighty idolaters in the Islamic army in the battle of Hunain after the conquest of Makkah. They fought together with Muslims.

The most important point on such issues which should be taken into consideration is trying to show them Islam in a positive way, by living as a good Muslim; because, one day they might appreciate a word or a behavior and this may lead them to the right path.

In addition to all of them, some people claim that there is difference between the people of the Book who lived at the time of the Prophet Mohammad and the people of the Book who live today, and say that those judgments are impossible to be applied today.

Let us state this firstly:

The Quran is not a book that addresses to only a certain age or a certain period of time. The Quran sustains its freshness and newness to every age, as if it was sent down again. For this reason, the judgments of the verses are valid until the Day of Judgment.

On the other hand, it cannot be said that there is a lot of difference in terms of belief between the people of Book of that time and the people of Book of our day, and that they were better than the people of the Book of today. As a matter of fact, the people of Book who lived in the Era of Bliss are characterized as sinners in a Quranic verse:

“Say: "O people of the Book! You disapprove of us for no other reason than that we believe in God, and the revelation that hath come to us and that which came before (us), and (perhaps) most of you are rebellious and disobedient.” (11)

Again in the chapter al-Fatiha, Christians and Jews are characterized as “strayed” and “those who deserved the wrath of Allah’s”.

The people of Book who lived in the Era of Bliss and the people of Book who live today agree on the issue of belief in Allah. For instance, Christians believed in trinity in the Era of Bliss and today they still do. Besides, the Christians today gradually tend to believe in oneness of God instead of trinity. We sometimes read in newspapers about the Christians who converted into Islam. Is it not a proof to the issue?

That change can also be observed in social structure. For instance, as Christian countries are managed in an atmosphere of freedom and democracy, the social structure in those countries are favorable for Islamic service and developments, and they also provide Muslims an opportunity to live in peace. When taken into consideration that the Muslim population in those countries is growing day by day, this issue can be comprehended better. Badiuzzaman Said Nursi stated the following seventy years ago: “These days we almost see with our own eyes the tidings of that Europe is pregnant with Islam and one day it will give birth to an Islamic country.” The facts that Austria accepted Islam as one of the official religions, that European countries, primarily Swiss, Norway, Germany, France and England, provide convenience for Muslim population are each a positive development.

Furthermore, Muslims receive important rights in countries which are governed by democracy and those rights are also provided by the governments themselves. In those countries, no Muslims are repressed for wearing headscarf or performing other religious orders. The positive developments in terms of Islam in such countries will be better comprehended when it is taken into consideration that reciting of the Quran and religious programs are permitted in television channels of some European countries such as France, the Netherlands and Spain, and that call of prayer (adhan) is permitted in the Netherlands.

Footnotes:

1. al-Ankabut, 46.
2. al-Mumtahina, 8.
3. Münazarat, p. 26-28.
4. Kashfa’l-Khafa, 2: 2341.
5. Muslim, Musaqat: 24: Ibn Majah, Ruhun: 1.
6. Nawawi, Sharhu Sahih-i Muslim, 11: 40.
7. al-Maidah, 5.
8. Ibn Hisham, Sirah, 3: 352.
9. Ibn Abidin, Raddu’l-Mukhtar, 5: 420.
10. Bukhari, Hiba: 26.
11. al-Maidah, 59.

Mehmet Paksu

13 banking job

It is not permissible to work in a riba-based bank.

From Jabir : The Prophet, , may cursed the receiver and the payer of interest, the one who records it and the two witnesses to the transaction and said: "They are all alike [In guilt]." (Muslim, Kitab al-Musaqat, Bab la'ni akili al-riba wa mu'kilihi; also in Tirmidhi and Musnad Ahmad)

14 Can the answers you give be taken as fatwa ?

Harams are evident in our religion (Islam). All Halals cannot be stated one by one. Here is the rule; If there isn't any judgemet or a rule against something in Islam then it is considered Halal. We only express Fatwas that were given beforehand, so you can take them. If you have any questions or suspicions, you can ask us.

15 Is it permissible to export "revealing style women garments" to Non-Muslim countries?

The production like that is permissible; the money earned out of it is halal (permissible). If some people use them in inappropriate places, it is their responsibility.

16 Is it permissible to increase the prices because of the enflation?

17 What is Islam's view of Business Life and Economic development?

Adam Smith is described as the father of economics; he is regarded to have founded the free market economy. His book called “the Wealth of Nations” was published in 1789. The essence of the book is based on this idea: The best thing to do about the economy is not to intervene in the market at all because the market always does the best. That famous idea is expressed with the maxim ‘Let do’ (Laissez fairez). The reason on which Smith bases his ideas is very interesting. He says there is an invisible hand that rules the market; what he means by the invisible hand is God. Were those ideas that are still regarded as the basic doctrine in economy put forward by him for the first time? Let us have a look at the history of Islam to find the answer.
In the Age of Bliss (the Era of the Prophet), when people demanded an official fixed price, Hazrat Muhammad brought the principle of not intervening in the prices by any means and said the following as a reason; "Only Allah knows where prices will go." Those words that describe the system of liberal economy concisely match up with the definition of Smith. It is certain that one of them quoted from the other.

Since our Prophet lived about 11 centuries before Smith, it is clear who quoted from whom. On the other hand, our Prophet objected to liberal economy’s acting like wild capitalism by saying, "Pay the worker his wage before his sweat dries." In addition, practices like zakat (obligatory alms), qard hasan (loan without interest) and sadaqa (voluntary alms) are the new practices of Islam aiming at eliminating injustice in the income distribution. On the other hand, 12-13 centuries had to pass and the community had to undergo unbelievable pains for the West to regard workers as humans.

Trade is the lifeblood of the economic life. In a broad sense, it can even be said that economy=trade. The following hadith of the Prophet of Islam regarding the issue is a clear message: "Be courageous and be involved in trade. Nine out of ten of the sustenance is from trade." Our Prophet stated that trade had risks but he advised us not to avoid risks. In addition, he expressed a macroeconomic phenomenon that is generally accepted today informing us that almost all of the gross national income originated directly or indirectly from trade both in the country and in the world. However, the Christian clergymen regarded trade and fraud equal until recently and named selling something at a price higher than its cost as theft.

In the holy book of Islam, the Quran, it is ordered that the information about the trade be written and recorded. Thus, Islam showed the way of recording the information and transactions about trade correctly in the books of the companies, which forms one of the essentials of the companies today, and preventing shadow economy, which is the source of many evils. As a matter of fact the contemporary accounting system was started by Arabs for the first time thanks to the decree of the Quran. It took the West several centuries to reach that level in accounting and incorporation.

The Messenger of Allah presented all of the leaders of the world with a divine guide for success by saying, "The head of a community is the one who serves that community the most." A serving leader is an issue that contemporary management science has just started to search.

18 Can you dispel my doubts about exporting "revealing style women garments"?

In the religion of Islam, if something itself is haram, then the sale of that thing becomes haram. For instance, alcoholic drinks and pork, because they themselves are haram.
If something that is not haram is sold and the person who buys it uses it wrongly, the seller will not be responsible for it. For instance, there are computer programs. A person who buys them can use them for something good or bad. In short, whether the thing that is sold is haram or not is important. If it is halal, the seller will not be responsible when the buyer uses it wrongly.

If you want to remember the previous posts, please click on the links given below;

Is it permissible to export "revealing style women garments" to Non-Muslim countries?

Can the answers you give be taken as fatwa ?

19 Commission

- It is permissible to sell your goods by paying commission to brokers who are good at trade.

- The point to take into consideration is to avoid words, advertisements and lies that will deceive customers. If you do so, you will be held responsible.

20 Is it permissible to buy and sell things interest-free using credit cards? If yes, are there things to take care of? If yes, what are they?

21 Is it permitted to practice as a mortgage associate ?

Mortgage, which means pledge, is used to define a kind of real estate financing system.
Finance company buys a real estate in the name of the customer and delivers it to the customer. However, the real estate is pledged/mortgaged in return for the customer’s debt to the finance company. Then the customer makes his monthly payments to the finance company within a predefined period of time and payment plan.
If the system you will join runs this way, it is permissible. However, if it makes you use credit and charges interest out of it, then it is not permissible.

22 Is it appropriate to pay commission to someone who works in a company that we desire to sell our products to, in order to persuade them to buy your products?

This kind of payment is called bribe, not commission, because a wageworker in that company is offered some interest in order to have this job done, which is actually bribe.

Those who are employed as civil servants or workers in government offices serve and are paid as a requirement of contract made between the state (public) and themselves, or those who work in any workplace in private sector serve and are paid as a requirement of contract made between the employer and themselves. In this sense, they are supposed to do their jobs as well as they can and honestly.

If the purchase agents in question are paid by the company they are working for, they have got no right to demand commission from you.

People who work for a company on salary should not be offered extra payment or they should not be paid even if they demand to be paid. If they are paid or if they demand a payment, it is ill-gotten gain and bribe.

If employees working in any kind of workplace work on “salary + premium payment”, salary and premium payment to those employees must be paid by the company that has employed the employees in question.

In short, people should comply with the conditions which they agreed upon in their working contract. And employers should be loyal to their employees’ rights.

Our religion requires us to be respectful of individuals/public’s rights. In addition to this, it is stated that if one violates another’s rights, he cannot be forgiven unless the one who is wronged forgives him.

In the Farewell Sermon, the Messenger of Allah (pbuh) said: “O people! Your lives, properties, honor and purity are forbidden to each other unless you reunite with your Lord (you are forbidden to harm them)” (Bukhari, Hajj, 132).

The most important traits of a Muslim are honesty and trustworthiness. Straightness, honesty and trustworthiness cannot be sacrificed for the sake of any worldly interest. We would like to thank you for your sensitivity on this subject as well.

Presidency of Religious Affairs

23 Some employees get doctors certificates for being ill while they are fine and get busy with their private works. Is it possible to say that they deserve the payment of the day they do not work?

24 Some say it is not religiously permissible to determine a certain time while borrowing and lending; is it true?

25 Is it permissible to try to deter the rivals from bidding a contract by offering money?

26 Is there a judgment about investments such as investment fund and equity issuance in our religion?

Firstly, we need to give information shortly about what an investment fund is and how this draws income:

“Portfolio” with its full meaning, means the total of the properties owned by a person or a foundation. Portfolio with its narrow meaning means a group of properties consisting of capital market instruments and precious metals. Investment funds manage portfolios, which consist of capital market instruments such as equities and bonds, and precious metals, with the money gathered from people. Each investor becomes a sharer of the fund by taking a participation certificate which represents a part of portfolio owned by the fund. You can earn money from your investment fund via these three ways:

1. A fund may earn income in the form of dividends and interest on the securities in its portfolio. The fund then pays its shareholders nearly all of the income (minus disclosed expenses) it has earned in the form of dividends.

2. The price of the securities a fund owns may increase. When a fund sells a security that has increased in price, the fund has a capital gain.

3. If the market value of a fund's portfolio increases after deduction of expenses and liabilities, then the value (NAV) of the fund and its shares increases. The higher NAV reflects the higher value of your investment.

Explanations above show that income gained through investment funds also consists of interest. There are investments funds which do not make use of interest which is haram both in Islamic countries and West. However, the investments funds in Turkey are not freed from interest yet. For this reason, having share in investment funds and making money through them is not permissible.
Prof. Dr. Hayrettin Karaman

27 What are the hadiths of the Prophet about commerce and commercial ethics?

The religion of Islam did not introduce a certain profit rate. What determines the profit is the market conditions. Goods can be sold at a price a bit higher or lower than the market price. It is not permissible to sell something at an exorbitant price to deceive the customer.

The Messenger of Allah (pbuh) saw a man selling wheat. He asked the man,

"How do you sell the wheat?"

The man told him how he sold it. Meanwhile, the Messenger of Allah received a divine inspiration:

"Plunge your hand in the wheat.”

The Messenger of Allah (pbuh) plunged his hand and saw that the wheat was wet. Thereupon, he said,

“Why did you not put the wet part on top so that people would see it? He who deceives us is not one of us.” (Muslim, Iman, 164)

As it is stated in the hadith, Islamic economic system based trade on honesty and the understanding of serving the individual and the community.

Commercial activity, which means transferring goods from the producer to the consumer, which necessitates both capital and labor and which can end in profit or loss, was rendered halal and even encouraged since it increased the benefits of goods. If it is take into consideration that the Prophet (pbuh) said, “Nine-tenths of profit come from trade” (Munawi, Faydul-Qadir, 3/220), the degree of this encouragement is understood better.

On the other hand, two of the most important of the five basic principles of Islamic belief, hajj and zakah, are peculiar to rich believers; they are also like encouraging people to be rich through legitimate ways. The hadith “the hand that gives is superior to the hand that takes” (Muslim, Zakah, 106), which is a decree that encourages people to give, can be evaluated in the same context.

However, the following hadith should not be forgotten in trade, which is the most important means of obtaining goods and wealth:

“Every ummah has a fitnah (means of testing). The fitnah of my ummah is wealth.” (Tirmidhi, Zuhd, 19)

For, the greed to make money in trade is one of the handicaps that the soul is addicted to. A greedy person is like a pitcher; even if its belly is full, its mouth does not close. Even if you try to pour the sea into a pitcher, it cannot get more than its capacity. A greedy person is like a stove or brazier; as fuels like wood and coal are put in it, it does not go out but its flames and heat increase. The Prophet states the following about a greedy person:

“If the son of Adam had two valleys of money, he would wish for a third, for nothing can fill the belly of Adam's son except dust.” (Bukhari, Riqaq, 10; Muslim, Zakah, 116)

Because of this greed, man resorted to incalculable tricks and deceptions in trade. That is why, many tribes were destroyed. The world is full of so many incorrigible people. There have always been rich people who devoured the rights of the poor, the homeless, widows, orphans and the needy like a vampire instead of taking care of them by giving them zakah, sadaqah, etc. despite their wealth.

The issue of the religion is spirit. The body is a burden for spirit. The religion does not aim to bring happiness to the body. On the contrary, it aims to make spirit dominant over the body. In trade, we should restrain our greed at a certain level lest we should go to extremes and be unhappy both in the world and the hereafter. It would be a dream beyond reach to seek peace in a society that is full of profiteering merchants, thieving administrators and bribe-takers.

Allah Almighty states in the Quran that the people of Madyan and Ayka, who were the tribes of Hz. Shuayb, were ruined because of their corrupt behaviors in trade and wants the people to come after them up the Day of Judgment to take lessons from them. Therefore, it is a very big crime that will destroy a nation to deceive people in trade, to earn haram money and to crush the weak. The Messenger of Allah (pbuh) states the following:

“May Allah perish the slave of gold coins, silver coins and thick soft clothes! If a greedy person is given what he wants, he is pleased; otherwise he is dissatisfied.” (Bukhari, Riqaq, 10; Jihad, 70; Ibn Majah, Zuhd, 8)

When somebody was praised, Hz. Umar asked the person who praised three things:
“Have you been his neighbor, travelled with him and done business with him?”
When the man said that he did none of them with him, Hz. Umar said,
“I think you saw him nodding his head while reading the Quran in the mosque.”
The man said,
“O Umar! Yes. I saw him like that.” Thereupon, Hz. Umar said,
“Then, do not praise him because sincerity is not in the neck of a person.” (see Kharaiti, Makarimul-Akhlaq, 1/185)

The criterion given by Hz. Umar here is not to be deceived by the appearance and to have a view about a person based on his deeds and social relations. It indicates the danger of acquitting a person who has not been tested for his material interest.

As it is seen, trade reflects the inner world of a person. That is, the inner world of a person is like his trade. Therefore, the Prophet stated the following in a hadith:

“Allah does not look at your prayers and fasting but at your financial relationships.” (see Kanzul-Ummal, h. No: 8435, 8436)

In the hadith, it is indicated that it is necessary to evaluate a person based on his practices related to social life, which are called muamalat. This does not mean that deeds of worshipping like daily prayers are unimportant. However, what is essential in social life related to shopping, trust and reliance is a person’s attitudes and deeds related to them.

According to Islam, a buyer and a seller should not criticize an article deliberately when buying it and should not praise an article more than it is when selling it. One should not ask a higher price than the market price by making use of the weakness of the buyer. The seller should not deceive the customer by overcharging; one should not black-market, practice usury, cheat while weighing and measuring goods, should avoid vowing and selling haram things that will harm the community.

The Prophet (pbuh) introduced the rules of trade in a nice way:

“Unnecessary words and vows are uttered in trade; Satan and sins intervene. Purify your trade with sadaqah.” (Abu Dawud, Buyu 1; Tirmidhi, Buyu 4; Nasai, Ayman 7)

“Merchants will be fasiqs (sinners) on the Day of Judgments except those who acted honestly.” (Tirmidhi, Buyu, 4; Ibn Majah, Tijarat, 3)

It is necessary to inform a seller who does not know about the value of his goods. It is regarded as ghabn (deceiving) to benefit from his ignorance, lack of experience and gullibility. Those who fear Allah and who want to attain His consent act very carefully and sensitively regarding the issue.

Abu Hanifa asked a woman who brought him a silk dress that she wanted to sell the price of it. The woman said,

“O Imam! One hundred dirhams.” He objected:
“No, it is worth more.”
The woman was surprised and increased the price one hundred dirhams. Abu Hanifa did not accept it. The woman increased one hundred dirhams again and another one hundred. He said,
“No, it is worth more than four hundred dirhams.” This time, the woman said,
“O Imam! Are you mocking me?”

Thereupon, the Imam summoned somebody who was good at fabrics so that the woman would find out the real price of the dress. The man determined the price of the dress as five hundred dirhams and Abu Hanifa bought it at that price.

For, he knew that to give up honesty, to hide the faults of the goods and to ignore weighing and measuring truly would lead man to bad consequences.

The Ottoman community was brought up based on this high ethics and the community attained peace and happiness in a way that would impress even the unbelievers. The following incident, which took place when two priests wandered in Istanbul after the conquest in order to inspect the Ottoman shopkeepers, reflects it very well:

The priests went to a grocer’s early in the morning and wanted to buy something. The grocer said to them,

“I have made my first sale today. Go to my neighbor who has not sold anything this morning.”
Thereupon, they went to the other grocer’s. He said the same thing.
“I have made my first sale today. Go to my neighbor who has not sold anything this morning.”
Thus, the priests went to the next shop. They heard the same statement. Finally, they went back to the first grocer’s and bought from him.

Our ancestors were brought up and lived in such an altruistic and self-sacrificing environment. People think of one another in this environment, which consists of Islamic ethics. Cheating is a big crime for a Muslim. A Muslim cannot lie and deceive people. Being deceived is a sign of stupidity. It does not fit a Muslim. The prophets, who are guides for humanity, have the attributes of “honesty” and “wisdom”. A Muslim who follows them has to be wise and alert. Allah Almighty states the following to warn us to be careful about those who try to deceive:

“To those weak of understanding Make not over your property, which Allah hath made a means of support for you...” (an-Nisa, 4/5)

As for those who deceive people, they are warned by the following hadith:

“Three are three people with whom Allah would neither speak on the Day of Resurrection, nor would look at them nor would absolve them, and there is a painful chastisement for them.”

When Abu Dharr heard that the Messenger of Allah (pbuh) repeated this statement three times, he asked,

“O Messenger of Allah! They failed and they lost; who are these people?”

The Messenger of Allah (pbuh) answered:

“They are: the dragger of lower garment, the recounter of obligation and the seller of goods by false oath.” (Muslim, Iman, 171)

On the other hand, it is regarded a very bad deed to black-market, that is, to stock goods and wait until the price goes up to sell them. It means to exploit the community. The Prophet (pbuh) damned those who black-marketed. He said,

“He who supplies to the market gains; he who waits in order to sell at a higher price is damned by Allah.” (Ibn Majah, Tijarat, 6)

Islam shows its rule related to trade in earning and using activities. The Quran regards the commercial transactions in which both parties give consent halal and others haram and says, “Eat not up your property among yourselves in vanities.”

The full verse in question is as follows:

“O ye who believe! Eat not up your property among yourselves in vanities: But let there be amongst you Traffic and trade by mutual good-will: Nor kill (or destroy) yourselves: for verily Allah hath been to you Most Merciful.” (an-Nisa 4/29)

The statement “Nor kill (or destroy) yourselves” includes an important subtle point. It warns us against being people of Hell by destroying spiritual life. On the other hand, attention is drawn to the fact that some of the fights and murders originate from eating up property in vanities and the greed to make money. One can be saved from those dangers by acting in compliance with the rules of trade imposed by Islam. To avoid interest is the most important issue here.

Interest is the manifestation of exploitation since it does not include any risks or efforts. It helps the rich to be stronger and causes the needy to be oppressed more. There are frightening hadiths of the Prophet (pbuh) about interest. The Messenger of Allah (pbuh) stated the following in the Farewell Sermon:

“All kinds of interest (usury) are under my feet.” (Darimi, Manasik 34)

Thus, he rendered all kinds of interest (usury) haram. The verses express the divine threat regarding the issue as follows:

“Those who devour usury will not stand except as stand one whom the Evil one by his touch Hath driven to madness. That is because they say: "Trade is like usury," but Allah hath permitted trade and forbidden usury. Those who after receiving direction from their Lord, desist, shall be pardoned for the past; their case is for Allah (to judge); but those who repeat (The offence) are companions of the Fire: They will abide therein (for ever).

Allah will deprive usury of all blessing, but will give increase for deeds of charity: For He loveth not creatures ungrateful and wicked.” (al-Baqara, 2/275-276)

The threat stating that divine wrath will be manifest due to interest (usury) in the following verses is terrible:

“O ye who believe! Fear Allah, and give up what remains of your demand for usury, if ye are indeed believers.

If ye do it not, Take notice of war from Allah and His Messenger: But if ye turn back, ye shall have your capital sums: Deal not unjustly, and ye shall not be dealt with unjustly.” (al-Baqara, 2/278-279)

Who can win the war against the Creator of the universe and the Messenger of Allah, for whom the universe was created?

If a believer deals with interest, he will lose either his wealth or his belief. When a fasiq (sinner) deals with such wrong ways, his wealth increases so that he will be fit for the penalty he will be given. That is, that way becomes profitable for him. For, Allah Almighty gives respite but never neglects. Such people will have some respite up to the time when they will be punished. It is necessary to be careful about the divine threat in the verse. Otherwise, it will be very bad. Hz. Jabir states the following:

“The Messenger of Allah (pbuh) cursed the accepter of interest and its payer, and one who records it, and the witnesses and he said, ‘They are all equal.’” (Muslim, Musaqat, 106)

The state of Abu Hanifa is so nice. He did not even sit in the shade of the tree that belonged to his debtor so that there would be no doubt of interest.

There are definitely many reasons for the prohibition of interest. The most important ones are increase in unemployment, causing artificial increase in prices, weakening humane and ethical virtues like helping, solidarity, love, mercy and compassion, increasing egoism and boosting the greed to make money and to be influential.

Having prohibited interest due to those reasons, Islam encourages people to lend money without interest for the sake of Allah if they can; it regards lending money to a person who is in need better than giving sadaqah.

However, honest, truthful and trustworthy businessmen are always in minority. The Prophet (pbuh) mentions great rewards for honest businessmen probably for this reason. The following is stated in a hadith:

“An honest merchant (businessman) is in the shade of the Throne on the Day of Judgment.” (Ibn Majah, Tijarat 1)

“An honest, truthful and trustworthy businessman (merchant) is together with prophets, loyal people and martyrs.” (Tirmidhi, Buyu, 4)

Abu Hanifa was a very rich person who bought and sold goods. However, he had a deputy to look after his business since he himself was busy in ilm (religious studies); he checked whether his trade was carried out legitimately or not. He was very sensitive regarding the issue. Once, he sent his partner, Hafs bin Abdurrahman, to sell some fabric and said to him,

“O Hafs! This fabric has such and such defects. Therefore, tell the customer about them and sell it at this price.”

Hafs sold it at the price that the Imam said but he forgot to tell the customer about the defects in the fabric. When Abu Hanifa learned of this, he said to Hafs,

“Do you know the customer who bought the fabric?”

When Hafs said he did not know the customer, the Imam gave away all of the money of the fabric to the poor as sadaqah. For, he always acted in compliance with the following statement the Messenger of Allah (pbuh) said to Amr:

“O Amr! Righteous goods are so nice for a righteous person.” (Ahmad b. Hanbal, IV/197, 202)

He acted based on the criteria of taqwa related to halal and haram. For, being careful about halal and haram is an obligation for the cleanliness of the wealth entrusted to us and for being able to give an account of it on the Day of Judgment.

My father, Musa Efendi, narrated the importance and blessing of halal food and the issue of not including any haram things in trade as follows:

“We had an Armenian neighbor who had become a Muslim. Once, I asked him why he had become a Muslim. He narrated me the following incident:

"I became a Muslim due to the high ethics of Rabi Mulla, who owned the field next mine, in trade. He earned his living by selling milk. One night, he came to our house and said,

"This milk is yours. Here you are." I was surprised. I said,

"Why? I did not want any milk from you." That elegant person said,

"I saw that one of my animals entered your field and grazed there. Therefore, this milk is yours. In addition, I will bring you her milk until the grass she ate from your field completely leaves her body.” I said,

“Do not mention it. She ate only some grass. I do not demand anything from you about it.” However, Mulla Rabi said,

“No. Her milk is your right.” Thus, he brought us the milk of that animal until all of the grass she ate from my field left her body.

This act of that blessed person affected me very much. Finally, I was awakened and I felt the sun of guidance in my heart. I said to myself,

“The religion of a man with such high ethics is definitely a lofty religion. It is not possible to doubt the trueness of the religion that brings up such an elegant, rightful, perfect and pure person.” Then, I uttered kalima ash-shahada and became a Muslim.”

Along with such beauties, it is sad that the heedlessness mentioned in the following hadith is unfortunately seen everywhere:

“A time will come when one will not care how he gains one's money, legally or illegally.” (Bukhari, Buyu, 7, 23)

In fact, the penalties caused by the violation of the rules imposed by the religion are individual and most of them are given in the hereafter but the penalty for haram earnings will affect the offspring of a person. Besides, the penalty will be given in this world before the hereafter.

It is a fact that those who receive inheritance from haram wealth do not usually follow the right path. For, there is a secret in money; it goes from the way it comes. An inheritor who receives haram money is dragged by that wealth to bad ways. Such wealth resembles a snake. A snake enters into the hole from which he comes out. Wealth is spent based on the way it is earned.

It is expressed in a verse by the tongue of Hz. Musa (Moses) that a wealth that is not used in the way of belief and taqwa will be dragged to sins and unbelief:

“Moses prayed: "Our Lord! Thou hast indeed bestowed on Pharaoh and his chiefs splendour and wealth in the life of the present, and so, Our Lord, they mislead (men) from Thy Path. Deface, our Lord, the features of their wealth, and send hardness to their hearts, so they will not believe until they see the grievous penalty.” (Yunus, 10/88)

It is strange that some people act as if one cannot make money if he acts honestly in trade. They are nonsensical words of those close their eyes to the truth and deny the divine program of distribution. According to those who make this mistake, Hz. Abu Bakr, who gave away all of his wealth several times and who never abandoned honest trade, would have been among the poorest of the Companions. However, it is a historical fact that he was always among the richest ones of the Companions. Although he gave away all of his wealth for the sake of Allah and His Messenger, he gained wealth again through divine blessing so many times.

Therefore, we have to make money through legitimate ways and spend it on legitimate things. A conscious merchant should not ignore the profit of the hereafter, which is bigger than the profit of the world, while dealing with trade in the world; he should think of the eternal bliss and should not leave the divine way. The following verse reflects the cordial life of such people in a nice way:

“By men whom neither traffic nor merchandise can divert from the Remembrance of Allah, nor from regular Prayer, nor from the practice of regular Charity: Their (only) fear is for the Day when hearts and eyes will be transformed (in a world wholly new).” (an-Nur, 24/37)

The people who do deal with trade like that are those who act in accordance with “tijaratan lan- tabur” (a commerce that will never fail) mentioned in a verse, that is, those who deal with real trade. As a matter of fact, Allah states the following about real trade:

“Those who rehearse the Book of Allah, establish regular Prayer, and spend (in Charity) out of what We have provided for them, secretly and openly, hope for a commerce that will never fail:

For He will pay them their meed, nay, He will give them (even) more out of His Bounty: for He is Oft-Forgiving, Most Ready to appreciate (service).” (Fatir, 35/29-30)

May Allah Almighty enable us to live in accordance with those verses! May He enable us to read the divine book with the eye of the heart, to prostrate with an awe that will elevate us to Miraj, to make money legitimately, to spend it without extravagance and to spend the boons He gave us in His way!

O Lord! Enable our brothers who deal with trade to be among the people “from whose hands and tongues believers benefit from” mentioned in the hadith and to be good people for our country and nation! Enable them to do righteous deeds that will be a means of mercy and blessing in the world and the hereafter! Amin!

28 It is permissible to buy things from Jews and to do business with them?

It is permissible to do business with non-Muslims and to use their products. However, they must not be among the things that were forbidden by Islam. We do not know whether the companies whose names appear in the list on the Internet support Jews or not. Therefore, it is not appropriate to have a negative attitude against all of them.

However, if those companies state that they support Jews, the decree changes. If it is certain that a weapon or a product will be used against Muslims, it is not permissible to work in its production, to sell or to buy it. Such a person is held responsible in accordance with the following decree: "A person who causes something is like the one who does it."

Therefore, if a person buys and sells a product that is definitely known to be used against Muslims, he will be held responsible. It is necessary for Muslims to be careful about it.

29 Is it a sin to sell something to somebody that will use it in a bad way?

- The general principle in Islam is as follows: It is haram to be a means of committing a sin knowingly.

In other words, “If a seller knows that the buyer is going to commit a sin with the thing he buys, it is haram for him to sell that thing.” (see Ibn Hajar, al-Fatawa al-Kubra, 2/270)

“…Help ye not one another in sin and rancour…” (al-Maida, 5/2)

The verse above underlies this fact.

Acting upon that principle, the scholars gave the following examples regarding the issue:

a) It is haram to sell grapes to a person who is going to produce wine.

b) It is haram to sell a weapon to a person who is going to cause mischief among Muslims.

c) It is haram to sell a chalice to a person who is going to drink wine with it.

d) It is haram to sell a knife or a similar weapon to a person who is going to use it to waylay.

e) Some fatwas of Ibn Hajar al-Haytami regarding the issue are as follows:

- It is haram to sell musk to an unbeliever who is going to spread it on his idol to beautify it.

- It is haram to sell an animal to a non-Muslim who is going to kill it with a method that is outside normal slaughtering. (see al-Fatawa, 2/270)

f) One of the reasons that renders halal haram is bad intention and bad purpose. Therefore, it is haram to sell weapons at times of mischief. It is haram to sell weapons to unbelievers. It is haram to sell weapons to a person who is going to use it illegitimately. (see al-Mawsuatul-Fiqhiyyatul-Kuwaytiyya, 1/107)

- However, according to Hanafi madhhab, “The form at the time of selling something is essential.”

Accordingly, it is permissible to sell grapes to a person who is going to produce wine. For, at the time of selling, the grapes, which are sold and bought are halal. That it will be changed and transformed into wine later does not affect the grapes’ being halal at that time.

Similarly, it is permissible to sell weapons at times of mischief to the people of business. For, what is a sin and haram is not the weapon itself but using it illegitimately.

However, it permissible without karahah to sell the grapes mentioned above but to sell weapons like that is makruh. For, grapes become a means of sin after their present form is changed but the weapon is used as a means of sin with its present form. (see W. Zuhayli, al-Fiqhul-Islami, 3/580-581)

It means the statements in the question are in compliance with this.

30 Is it permissible to sell alcoholic drinks to non-Muslims in Dar al-Harb?

There is no information about the issue in the fiqh books that are available but there are similar fatwas and views. For, transportation was not so common in the past.

We will mention some fatwas that will shed light on the issue:

If a person hires someone to carry wine,the money the person earns through carrying wine is halal according to Abu Hanifa but it is not permissible according to Imam Muhammad and Imam Abu Yusuf.If a non-Muslim from the People of the Book hires the animal or ship of a Muslim in order to carry wine, the money the Muslim gets is halal according to Abu Hanifa but it is not permissible according to Imam Muhammad and Imam Abu Yusuf.

Although it is not seen in practice, the following fatwa exists in fiqh books:

A Muslim can get money for herding pigs. This is the view of Abu Hanifa; it is not permissible according to Imam Muhammad and Imam Abu Yusuf. (2)

However, it is necessary to take various aspects of the issue into consideration:

It is more important for the Muslims living abroad to practice Islamic ethics in their social relationships than the Muslims living in an Islamic country. For, the non-Muslims living abroad see Islam directly in the lifestyle of Muslims and the high ethics of Muslims can be a means of guidance for non-Muslims.

Badiuzzaman Said Nursi says, "If we can serve as models by practicing Islamic ethics, the members of other religions can become Muslims in groups." Thus, he points out that a person will be held responsible if he does not represent Islam truly.

Islamic fiqh scholars define non-Muslim countries as “darulharb”; they put forward different views related to the arrangement of relationships between Muslims living in those countries and non-Muslims.

It is permissible for a Muslim to receive interest from a non-Muslim, to sell non-Muslim alcoholic drinks and pork, to gamble if it is certain that he will win according to Abu Hanifa and Imam Muhammad because those deeds are legitimate according to non-Muslims and because it can be justified for a Muslim to benefit from this legitimacy based on the decrees about booty; however, according to the majority of fiqh scholars including Imam Shafii, Imam Malik, Imam Ahmad bin Hanbal, Awzai, Ishaq and the Hanafi scholar Abu Yusuf, a Muslim has to act in accordance with Islamic decrees no matter where he is; therefore, they do not regard such wrong contracts and transactions permissible.

The most appropriate one is this view of the majority.

For, the countries of the world including Islamic countries live based on the state of a general peace. Muslims can enter non-Muslim countries by permission and live in those countries in safety and security. The state of war is not in question. Therefore, the conditions that Abu Hanifa bases his fatwa on are not in question today. There is no war; therefore, there will be no booty in question.

In fact, the Quran and Sunnah do not allow haram things unless there is an obligation. Haram is haram anywhere unless there is an obligation.

To sum up, we can state the following:

"Today, Muslims have to live based on Islamic decrees and ethics no matter where they are. A deal/transaction that is not permissible between two Muslims is not appropriate between a Muslim and a non-Muslim either."

"Therefore, the Muslim living in non-Muslim countries must not receive interest and must not sell anything that is rendered haram by Islam like alcoholic drinks, pork and carrion (unless there is an obligation).” The view of the majority of the scholars that is away from doubts is like that.

However, when the fatwas above are taken into consideration, it can be said that it is permissible to get money by carrying alcoholic drinks and pigs according to Abu Hanifa but it is haram, not permissible, according to Imam Muhammad and Imam Abu Yusuf, and other mujtahids.

A Muslim must not work in such places unless he is obliged to.

Footnotes:

1. Bukhari, Buyu: 102; Muslim, Musaqat: 71; Tirmidhi, Buyu: 60; Ibn Majah, Tijarat: 11.
2. al-Fatawal-Hindiyya, 4:449-450.
3. Mehmed Paksu, Meseleler ve Çözümleri 1, Nesil Publications, İstanbul, pp. 135-138; Süleyman Kösemene, Günümüz Meselelerine Çözümler , Yeni Asya Publications.

31 Is it permissible to sell cigarettes?

Hasanayn Mahluf, the mufti of Egypt, states in his book called "Fatawa Shar’iyya" that it is not haram to sell cigarettes. However, even if it is halal, it is not tayyib (clean). Some profits are not only halal but also tayyib, which is a degree of acceptance above halal like selling miswaks.

In cigarettes, there is no benefit for human health; on the contrary, it is harmful. There is no holiness in it like selling something that is sunnah. However, selling cigarettes is permitted due to despair called "umum al-balwa" (public affliction). It is not regarded as clean profit.

UMUM AL-BALWA

Balwa means misfortune, affliction, agony, difficulty etc. Umum means general, everybody. Accordingly, umum al-balwa means an affliction and hardship that encompasses everybody.

Terminologically, umum al-balwa means giving a special decree about something that is hard to avoid and that public is addicted to.

Our religion is a religion of ease. The following is stated in the Quran: "Allah intends every facility for you; He does not want to put you to difficulties." (al-Baqara, 2/185) Therefore, umum al-balwa has been a secondary source of fiqh. The difficulties and afflictions that hit the majority of Muslims are relieved based on this rule. We will give some examples about it:

It is permissible to perform prayers with the clothes smeared by drops of water and mud that are difficult to avoid because they are splashed from the street.

It is permissible for excused people to perform prayers with the clothes smeared due to their excuses.

It is permissible for children to hold the Quran without wudu in order to learn the Quran.

It is permissible to turn one’s front or back part toward the qiblah in the toilets in the buildings. (Ibn Nujaym, al-Ashbah wan-Nazair, Cairo 1968, p. 76-77)

It is permissible for doctors and nurses to look at the private parts of women and men for treatment.

However, the decrees about which there are nass (verses and sound hadiths) cannot be relieved due to umum al-balwa. It is not possible to decree that urine is not dirty due to umum al-balwa since urine easily smears man’s clothes because there is nass regarding the issue. (Atıf Bey, Mecelle Kavâid-i Kulliyye Şerhi, İstanbul 1327, p. 25).

Durak PUSMAZ

32 Is it permissible to buy the products of foreign countries?

It is permissible to buy and use the products of non-Muslims. Therefore, there is no drawback to using any products that are not forbidden by Islam produced by non-Muslims.

If it is certain that a weapon or a product will be used against Muslims, it is not permissible to work in its production or to buy and sell it. According to the following rule, such a person is held responsible. "A person who causes something is like the one who does it." Therefore, if a person buys and sells a product that is definitely known to be used against Muslims, he will be held responsible. It is necessary for Muslims to be careful about it.

33 The Muslims working in countries like Germany, Belgium and the Netherlands deposit their money in banks in order to keep them. Is it permissible to receive the interest given by the banks?

The Muslims working in non-Muslim countries should prefer to send their money to their own countries instead of depositing them in the banks where they work. For, it is not appropriate to give the profit of the money they earn to non-Muslims.

However, if they deposit their money, they should receive the interest; they should not leave it to the bank thinking that interest is haram. For, the decree is clearly stated in a hadith mentioned in fiqh books that Muslims can receive interest from non-Muslims in non-Muslim countries.

In that case, it is necessary to receive both the capital and the interest from the non-Muslims. If they get stronger with our money, it means we get weaker. Our national and Islamic consciousness should not allow such a mistake.

It is a known fact that a Muslim is not allowed to receive interest from a Muslim even if they are in a non-Muslim country.

for further information, please click on the link given below;

Is it haram to receive and give interest in dar al-harb? Is interest permissible in non-Muslim countries?

34 We know that it is sunnah to bargain in business and shopping. Will you give information regarding the issue?

The price of the goods is determined after the seller and buyer agree, that is, after bargaining. It is halal to bargain. It is not halal to demand an excessive price or to offer a too low price. While the buyer and seller are bargaining, it is not permissible for another buyer to bargain. Abdullah b. Umar states that the Prophet (pbuh) forbade another person from bargaining while two people were bargaining. (Bukhari, Buyu, 58, Muslim, Buyu, 14)

It is also haram to increase or decrease the price without the intention of purchasing the goods, thereby harming third parties; cheating and secret agreements made in auctions are also haram. All these deeds are called “najsh: deception” in our religion; they were forbidden by the Prophet (pbuh). (Bukhari, Buyu, 64, Muslim, Buyu, 14)

A deal to buy and sell occurs when both parties approve it mutually, that is, through offer (ijab) and acceptance (qabul). It can be said that a sale occurs when one party gives the goods and the other gives the money or something valuable to each other.

People have to exchange goods to a certain extent in order to make a living in their worldly life; it is called ‘obtaining sustenance’.

God Almighty states the following in the Quran:

“It is He Who has made the earth manageable for you, so traverse ye through its tracts and enjoy of the Sustenance which He furnishes...” (al-Mulk, 67/15).

What is meant by traversing through the earth’s tracts is to extract the blessings that are beneficial to people and to do research for it. Allah Almighty made the earth a place of obtaining sustenance for people. The Prophet (pbuh) states the following in a hadith narrated from Abdullah b. Mas’ud:

“It is fard for every Muslim to work in order to obtain sustenance.” [al-Mawsili, al-Ikhtiyar, İst. 1980 Çağrı Yay. 4/170; Ibn Sulayman, Majmuaul-Anhur (Sharhu Damad) İst. 1316 Mtb. Amira, 2/527]

Accordingly, Muslims have to pay attention to halal and haram and provide sustenance for themselves and their family members. However, while trying to obtain sustenance, Allah’s consent and the limits set by Him must be observed. Hz. Abu Bakr’s statement “Only hellfire suits a body that is fed with haram” expresses the Muslim’s understanding of obtaining sustenance and buying/selling in the best way. We know that the Companions abandoned even doubtful things in order to do halal business and to stay away from harams. A Muslim who is engaged in trade should know the main points of all the rules of Islam regarding trade. It is fard for every Muslim to know those decrees at a minimum level in order to be able to carry out the daily buying and selling in a way with which Allah will be pleased.

According to Islamic fiqh, it is ‘fard’ for a Muslim to earn enough money to provide sustenance for himself and his family, and to pay his debts, if any. In addition, it is ‘mustahab’ to earn money in order to meet the needs of poor believers and to help one’s relatives. It is ‘mubah’ to work for more than that in order to lead a good and prosperous life. It is ‘haram’ to earn money in order to show off to others, to try to compete with someone else in terms of wealth due to worldly greed, to indulge in debauchery even if that earning is halal. On the other hand, it is regarded a deed of worship to work hard and to earn money with a sincere intention in order to contribute to the fight against unbelief and to spend one’s wealth in the way of Allah. A person who works and earns money for that purpose is considered to be worshipping constantly.

Likewise, Islam forbids a person who can work and earn money from begging. The Prophet (pbuh) states the following regarding the issue:

“I swear by Allah that it is better for one of you to take a rope and tie a bundle of wood from the mountain and sell it to provide sustenance for himself and his family rather than ask others. The person you ask may give you something and you will be indebted; or he may not give you anything and you will feel degraded.” (Bukhari, Musaqah, 13, Zakah, 50, Buyu’, 15; Ibn Majah, Zakah, 25; Ibn Hanbal, I, 167).

Accordingly, it is not legitimate for anyone who can work to beg.

The most virtuous way of obtaining sustenance in Islam is trade/merchantry after jihad (booty). They are followed by agriculture and then artisanship/trade. In all those ways of obtaining sustenance, buying and selling are in question.

In fact, the goods that meet the needs of people are agricultural or industrial products. Therefore, some economic systems do not allow people to earn income by means other than agriculture and industry. However, the production of goods is not enough to meet people’s needs. The need is met only through delivering the produced goods to those who need them. It is not possible for the farmers or industrialists to deliver the goods they produce to those who need them. If we think of our country, it is necessary for a factory to open branches in many places in order to deliver the goods it produces to its consumers.

On the other hand, it is impossible for consumers to establish a direct relationship with the producer in order to obtain the goods they need. Therefore, there is a need for a service sector that will bridge the gap between the goods and the consumer, that will bring them together and eliminate the abovementioned drawbacks; but that service has to obtain a certain profit for it. And that is the “Trade Sector”.

Islam considers that trade, which is done with the understanding of serving people, as legitimate and acceptable. Allah Almighty states the following about trade:

“... Allah hath permitted trade and forbidden usury...” (al-Baqara, 2/275)

“A reliable and honest Muslim merchant is together with martyrs on the Day of Judgment.” (Ibn Majah, Tijarat, 1)

The hadith above states that honest trade will make a merchant gain a lot of thawabs.

According to Islam, trade is the exchange of a valuable thing (goods) for another valuable thing (goods) or money. The purpose our religion imposes in trade is not to earn at all costs, but to serve people by providing them with useful goods they need, and to make a normal and legitimate profit through it.

A legitimate trade must have the following properties:

1) The consent of the buyer and seller,
2) Mutual goodwill and honesty,
3) The trade must not harm one of the parties or others.

The Qur’an mentions those qualities, which must exist in trade, as follows:

“O ye who believe! Eat not up your property among yourselves in vanities: But let there be amongst you Traffic and trade by mutual good-will: Nor kill (or destroy) yourselves: for verily Allah hath been to you Most Merciful! If any do that in rancor and injustice,- soon shall We cast them into the Fire: And easy it is for Allah.” (an-Nisa, 4/29-30)

The essence of buying and selling is offer and acceptance like in other contracts. Offer and acceptance are made orally, in writing and by sign. Expressions used in offer and acceptance must be certain like the seller’s saying, ‘I have sold or given you this product’ and the buyer’s saying, ‘I have bought or accepted it’. The statements of the seller are called offer, and the words of the buyer are called acceptance.

It is better to determine the sales contract in writing in trade. A document will be ready in case of disagreement. When offer and acceptance take place, the deal becomes definite; there is no right of unilateral withdrawal. However, the buyer or the seller may give up the deal while bargaining continues. Shopping becomes complete when the goods are received. Thus, the buyer gets the goods and the seller gets the money.

Deals (buying and selling) are divided into three types in terms of decree: sahih (sound), fasid (invalid) and batil (wrong).

1. Sahih deals: The trade of things that are in accordance with the religion (in terms of material and quality) are sound. For example, the sale of something that is permissible to use in terms of religion according to its conditions.

2. Fasid deals: If the quality of the goods sold is not in accordance with religion, this type of sale is fasid. For example, selling an uncertain sheep by saying “a sheep from the herd”. In fact, it is permissible to sell sheep. However, since it is not known what kind of sheep (quality) is sold in the sale mentioned above, the deal becomes fasid.

3. Batil deals: If the goods sold have a property contrary to Islam, the sale of such goods is batil. Selling goods and commodities that are haram to be used, eaten or drunk such as alcohol and pork is a forbidden type of deal in Islam.

Types of Deals (Buying/Selling) in Terms of Their Price:

1. Bay’: Selling goods in return for money is called bay’. Most of the deals take place like that.

2. Sarf: Exchanging money is called sarf.

3. Mubadala: Exchanging goods is called mubadala. It is also called “barter” and “swop”.

4. Salam: The trade in which money is paid in advance and the goods are delivered later is called salam. Some conditions are necessary for salam, which is a deal that farmers and industrialists generally do, to be permissible. A person in need of money wants to sell his property before he gets it. The religion of Islam permits such sales under certain conditions in order to prevent the buyer from buying goods cheaply by taking advantage of the financial need of the seller, and to allow the producer to sell his goods at a good price. When the Prophet (pbuh) went to Madinah, he saw that the people of Madinah sold their crops to Jews one year or two years before they got their crops. Thereupon he said,

“He who wants to sell his dates in advance should sell it for a specified measure and weight and for a specified period.” (Muslim, Musaqah, 25)

Since salam is the sale of a non-existent product, it should not have been permissible but it was rendered permissible due to a need and obligation. There is a profit for both parties in it; the customer buys the goods a little cheaper, and the seller meets his needs with the cash. For example, if an industrialist has a cash flow problem, he can sell the goods that he will produce with certain qualifications on the condition that they will be delivered after a certain period of time; he will produce the goods with the money he will receive. Thus, the production of the industrialist will continue and the buyer will buy goods a little cheaper than usual.

That opportunity also protects the producer from falling into the hands of usurers because there is an inevitable need for money for the continuation of production. If the prices are excessively low, such deals are not permissible.

The following conditions must be met for salam to be valid:

a. The properties of the goods must be certain; the type and quality of the goods must be determined beforehand.
b. The amount must be determined; it must be known how many kilos, how many meters, how many scales etc. the goods will be.
c. Determination of the delivery date; the date when the goods sold through salam will be delivered must be determined. If there is no possibility of the delivery of the goods at the specified time, salam will be invalid. For example, it is impossible to deliver wheat in April. It is not permissible for a farmer to make a sale of salam in advance in order to deliver wheat in April.
d. To determine the amount of money received in exchange for goods and to receive the money in advance. The price should not be excessively cheap.

5. Sales on Credit: Credit sales: The price of the goods to be sold can be received in advance or after a certain period of time. In such deals, the price of the goods must be in another type, such as money. It is not permissible to sell the same type of goods (for example, gold and gold) on credit.

Another type of deal (buying/selling) is “Bay’ bil-wafa”. It means making a contract of sale through wafa. As a term, it means “temporarily selling a commodity to someone in return for money or loan in order to get it back upon returning the sale price”. When the seller returns the price or pays off the debt, the buyer returns what he has bought. Such a contract is a valid contract of sale if it is taken into account that the buyer can benefit from the goods but it is an invalid contract of sale if the powers of the parties to terminate the contract are taken into account. Since the buyer cannot sell the goods he has purchased through wafa, it is like pawning, and this feature of pawning is superior. Most of the fiqh scholars consider the contract of sale in the form of bay’ bil-wafa permissible. (Bilmen, Istılâhât-ı Fıkhiyye Kâmusu, VI/126-127).

It is a customary form of sale in order to avoid interest and secure the debt. The contract is given that name because the seller undertakes to return the sale price at a later date or to pay the debt remaining from beforehand, and the buyer undertakes to return the goods in return. It is also called “bay’ul-muamala”; it is called “bay’ul-amana” in Egypt.

Sheikh Badruddin Mahmud (d. 823/1420), who lived at the beginning of the 15^th century, states the following about the beginning of the sale in the form of bay’ bil-wafa:

“In this age, selling in the form of bay’ bil-wafa has become a custom in order to be protected from interest. It is actually something in pawn, and the buyer cannot own the property and cannot benefit from its income without the permission of the owner.” (Ali Efendi, Fatawa, I/300)

In the sale through wafa, the parties can terminate the contract at any time with a unilateral declaration of will. The buyer cannot own the goods during the period of the contract. The seller may return the sales price at any time and request the goods back. The buyer can also return the goods and demand the money back; the parties do not have to comply with the period specified in the contract. Since the goods are regarded to be in pawn, neither the seller nor the buyer can sell the goods to anyone else without the consent of the other. That right is also transferred to the heirs of the parties. However, one of the parties may sell the goods with the consent of the other.

When the permission of the person leaving something in pawn is obtained, it is possible and permissible for the temporary owner to benefit from the pledged goods. Since the sale through wafa is like a pledge, it is possible for the buyer to benefit from it. Ali Haydar Efendi, who annotated Majalla, states the following regarding the issue:

“If it is laid as a condition that some of the revenues of a pledged (sold through wafa) real estate will belong to the buyer, that condition is fulfilled because the following is stated in Majalla item 83:

“It is necessary to fulfill, as much as possible, a condition that is in compliance with the religion.”

For example, if the grapes of a vineyard sold through wafa are agreed to be shared equally by the seller and the buyer, it is necessary to act accordingly. However, if the buyer consumes those crops without permission though it is not stated in the contract that the crops will belong to him, he will have to pay the equivalent to the seller because the buyer cannot own the crops obtained from a real estate sold through wafa. However, if the seller has allowed him to consume them, the seller cannot force the buyer to pay the equivalent. If the crop is destroyed without the fault of the buyer, compensation is not necessary. However, the equivalent of the crop that is destroyed is deducted from the debt.” (Ali Haydar, Mecelle Şerhi, I/664-667)

According to Abu Hanifa and Imam Shafii, such practices aiming to find money or to defer a debt are permissible if benefitting is not laid as a condition when the contract is made.

Types of Deals (Buying/Selling) in Terms of Profit

1. Musawama: The seller’s selling the goods without telling the buyer purchasing price and the amount of the profit. It is a sale based on free bargaining. Most of the sales occur like that. As we have mentioned before, the amount of the profit must not be exorbitant.

2. Murabaha: The seller’s selling the goods by telling the buyer cost price and the amount of the profit. For example, the seller says, “I bought this for 1000 lira and will sell you for 1100 lira with a profit of 100 lira.” The seller must not lie in this kind of deal. If it is understood that the seller lied, the customer has the right to demand the amount that is lied.

3. Tawliya: It is sale without profit, at cost price. If the customer finds out that the seller lied related to a sale with a certain profit or without a profit - as we have partially mentioned above -, he can break the deal.

4. Wadi’a: It is sale at a loss, below the cost. It is a form of sale that is used especially at the end of the season and in shop clearances today. The prices declared by the seller must not be false. If the lie is revealed, the buyer can claim the excess amount from the seller.

Deals on Approval:

The buyer or seller may lay certain conditions for the realization of the sale; such deals are called “muhayyar sale (sale on approval)”. The one who lays conditions may break the deal when the conditions are not met. the Prophet (pbuh) states the following about such deals:

“Both parties in a business transaction have the right to annul it so long as they have not separated except in transactions which have been made subject to the right of parties to annul them. However, if one gives the other the option, the transaction is made on this condition (i. e. one has the right to annul the transaction), it becomes binding.” (Muslim, Buyu, 10).

A three-day period of breaking the deal is granted to the buyer and the seller. According to Abu Hanifa, those who stipulate the right to break the deal in shopping have to give up within three days. After the expiry of that period, there is no right to give up the deal.

If the seller stipulates the right to give up, the goods will belong to him. If the goods are destroyed in the hands of the buyer within three days, he will have to compensate; that is, he has to pay the price to the seller. However, if the buyer stipulates the right to give up, the goods in question no longer belong to the seller. If the buyer gives up within three days, he will return the goods. However, if the goods in the possession of the buyer are destroyed within those three days, the sale price is paid by the buyer to the owner. Accordingly, the party stipulating the right to give up may cancel the transaction or make it valid within that period.

It is permissible for a person to buy something that he has not seen. Accordingly, when he sees the product, he will have the right to give up the deal. When he sees the product, he may accept or reject it. The previously decided price is valid as the price of the product. The buyer accepts that price. Even if he says that he bought the property without seeing it and will accept it, he can return it when he sees it.

The seller, on the other hand, does not have the right to give up when he sells a product that belongs to him but that he has not seen. In other words, if he sees his product and regrets it after selling it, he cannot annul that sale.

It is not necessary to see all the goods that were sold. It is sufficient to see the sample. However, the rest of the goods must be the same as the sample. Accordingly, a person who buys some goods without seeing them is free to accept or return the goods because deception may be in question; the right to give up is given to the customer.

If a customer sees a defect in the product he bought, he has the choice whether to buy it or not. If he wants, he takes it for the price, or he gives back the product. If the product is said to have a certain feature, the sale may be broken if it is seen that the feature does not exist. For example, if a cow is purchased on the condition that it yields fifteen kilograms of milk and if it yields less milk, the buyer may cancel the sale.

If there is a defect or fault that reduces the value of the product, the buyer is free to buy or return it like a defective fabric that was bought. However, if the customer sees a defect in a product and buys it knowingly, he will have no right to give up the deal. Bevertheless, if he dyes and sews the fabric he bought in a way that will increase its value and then sees the defect, he has the right to receive the amount of money equal to the loss of value from the seller. If the seller wants to take back the product that underwent such a treatment with the sales price, he does not have that right; he can no longer demand the product back.

Conditions of a Deal (Buying/Selling)

- The goods exchanged in trade must be valuable: The goods to be traded are those that are religiously permissible to use such as halal food, clothing and various items. The trade of haram goods is also haram. The Prophet (pbuh) addressed the people during the conquest of Makkah as follows:

“Allah and His Messenger (pbuh) forbade the sale of wine (all alcoholic drinks), dead animals, pigs and idols.” (Muslim, Musaqah, 13)

The things that are forbidden to people are the things that are really harmful to them. Those who sell haram goods harm people. Our religion forbids the trade of such goods, preventing people from doing evil to one another.

- The properties of the goods must be clear and there must be no hidden defect; the Prophet (pbuh) states the following regarding the issue:

“Both parties in a business transaction have the right to annul it so long as they have not separated. If the buyer and the seller tell the truth and make everything clear, they will be blessed in their transaction; but if they tell a lie and conceal anything, the blessing on their transaction will be blotted out.” (Muslim, Buyu, 11)

For, such a deal means that one of the parties will be deceived and incur a loss. It is never tolerated in the religion. If there is any defect in the goods sold, it must not be hidden; it must be clearly stated. However, the trade will be halal and fruitful if the goods are sold like that.

- The goods to be sold must be existent: It is not permissible to sell non-existing goods. It might not be possible to deliver the non-existent goods to the buyer. In that case, the buyer will incur a loss. In order to prevent such a loss, Islam approves the sale of goods that can be delivered immediately.

The Prophet forbade the sale of fruits until they were ripe, when they were in bud but he allowed them to be sold when they started to ripen. (Muslim, Buyu, 13)

For, a lot of damage and diseases can occur in fruits until they ripen. The buyer will suffer from it a lot. On the other hand, it is difficult to predict the amount of fruit at that stage. Due to all those drawbacks, the sale of non-existent goods is not allowed.

- The goods and the price must be specified: Trade is the exchange of a certain product for a certain price. If the product or the price is not known, that trade is not legitimate. The customer must see the goods that are sold, check them, and make the necessary examinations. The seller must know the price or the goods he will receive in return for his goods. For example, if the customer says, “Sell this product to me in return for the money in my wallet” and even if the seller accepts, such a deal is not permissible. There is always a danger and deception for one of the parties in such deals. Our Prophet (pbuh) forbade such deals, which were valid before Islam.

All such deals, in which one of the contract elements is unknown, are called “gharar”.

- Receiving the goods (qabd): In the contract of sale, qabd means that the buyer has the authority to use the purchased goods without encountering any obstacles. This transaction takes place upon receiving the sold goods. The transactions that are considered as receiving vary depending on the status of the seller. For example, the delivery of a house or land is completed when the buyer walks into it or stays close enough to see the land or gets the door keys of the house. As for movable goods, it occurs when the goods are actually received or when the buyer is given the right to use them. However, the delivery of the things sold by measure, weight or number takes place by measuring, weighing or counting and delivery of the whole (al-Qasani, Badayius-Sanayi, V/244).

It is unanimously agreed that it is not permissible to sell movable goods before they are received. The evidence of it is the following hadith of the Prophet (pbuh):

“A person who buys a food item should not sell it until he has received it.” (Bukhari, Buyu, 54, 55, Muslim, Buyu, 29-34, 34-36, 39, 41)

The food item mentioned in the hadith is an example; other movable goods are also included in the scope of the hadith. The majority of Islamic fiqh scholars hold this view. (al-Qasani, Badayius-Sanayi) The reason for concern here is the spread of damage or a defect that is frequently encountered in movable goods and therefore the danger of deception of the next customer. Another danger is that the first customer might not receive the goods and cannot deliver them to his own customer.

One of the damages of selling something before receiving it seen in the economy of this century is that it causes artificial price increases:

Today, due to the balance of supply and demand, many individuals or companies come between the producer and the consumer months before the product is put on the market, especially as a result of controlled supply. For example, the main wholesaler reserves all the goods that a manufacturing company can produce in five or six months before they are produced; but before the goods are received, he sells them to other wholesalers, who sell them to the consumers by adding their profits. The goods reach the final buyer as if after passing through several sellers. However, in reality, the people between the first seller and the last customer always carry out the work among themselves on paperwork and each adds profit to the sales price separately. When the goods are produced, they are delivered directly to the end customer.

Those activities, which appear to be fluency in the market, actually cause prices to rise artificially, the supply of goods to be kept under control, and the controlled release of goods to the market. When the sales ban before receiving goods is applied, trade transactions will become a bit slower but some middlemen will have to disappear because expenses for transportation, warehouse rent, personnel employment, etc. will force middlemen to withdraw from the market. Thus, the natural formation of the current price in the market will be possible.

As a result, if the sale of purchased goods are allowed before they are received and delivered, the price of the goods stored in a warehouse will be increased without any reason and before the goods are moved from hand to hand. (Tecrîd-i Sarîh Terc. VI/447, 450, 451)

According to Abu Hanifa and Abu Yusuf, the prohibition of selling before receiving does not include land sales because the difficulties and risks (gharar) that may arise in the delivery of movable goods are not in question in real estates. There is little chance of being destroyed. (Alî Haydar, Mecelle Şerhi, I/407, item 253).

Limit of profit in trade: The purpose in trade is to make a profit from business along with serving people. However, that profit should not be exorbitant (ghabn fahish). In general, Islam did not set a certain limit of profit in trade. Rate of profit varies according to the type of goods and their characteristics; a low rate of profit is sufficient for some goods as it is the case with wholesale and high value goods. Rate of profit is normal for some goods such as non-perishable goods, retail sales, etc. as. Rate of profit is high for some goods such as goods with a high risk of perishing.

Rate of profit varies according to conditions but it is primarily a matter of conscience because a Muslim does not deceive or betray his brother; he thinks of his Muslim brother emphatically. In other words, he will sell goods to others at the same price and under the same conditions as he wants them to be sold to himself when he needs them. When we say that Islam does not set a certain limit of profit, it does not mean “no intervention in prices is possible”. When the state deems it necessary, it sets certain limits of profit (narh) according to the type of goods and punishes those who do not act accordingly.

There are some issues we should pay attention to as Muslims in trade:

- The first important issue that a Muslim who is engaged in trade should pay attention to is not to sell haram goods. If Allah rendered something haram, He also rendered the money obtained from it haram. As a matter of fact, the Prophet (pbuh) states the following regarding wine:

“Allah, who rendered wine haram to drink, also rendered it haram to be sold.” (Abu Dawud, Buyu, 64)

Thus, he determined the issue very clearly. Similarly, a believing butcher cannot sell the meat of an animal that has not been slaughtered in the name of Allah because if the name of Allah is not mentioned deliberately while slaughtering an animal, that meat becomes haram. Accordingly, a Muslim cannot sell such meat. Similarly, selling idols and similar items is prohibited in Islam.

- It is not permissible to sell stolen goods or put them on the market either. It is known that the Prophet (pbuh) said,

“If a person buys a stolen property knowingly, he becomes a partner in the sin and infamy.” (Bayhaqi, Sunan, V/336).

Accordingly, a Muslim who is engaged in trade should be careful regarding those issues while both buying and selling goods.

- In the Islamic society, artificial interventions in the prices of goods are never permissible. The Messenger of Allah (pbuh) states the following:

“Allah will make the person who intervenes in prices to increase them sit on a big fire on the Day of Judgment.” (Ahmad b. Hanbal, Musnad, V/27)

- Black marketing (ihtikar) is haram in Islamic society. Black marketing is the withdrawal of a product from the market and stocking it in order to increase its price and selling it when its price increases. Normal profit is halal in trade. However, the purpose of trade is not to make profit at all costs, especially exorbitant profits. One of the ways of exorbitant profit that Islam forbids is black marketing. Black marketing causes many harms to people. We can list them as follows:

To cause artificial narrowing in the market, to increase consumption artificially, to increase inflation through it, to cause the consumer to suffer due to excessive prices, to destroy the trust, goodwill, love and respect between the buyer and the seller... It is regarded a sin to black market in order to make a few people to earn a lot of money. The Prophet (pbuh) threatens the black marketeer as follows:

“The one who brings goods to the market is provided with sustenance and he who profiteers (stocks and black markets) is cursed.” (Ibn Majah, Tijarat, 6)

- Ihtikar is religiously haram. Some mujtahids accepted that ihtikar is in question only in human and animal food. There is a general expression in the hadith above; that is, it includes all human needs. Accordingly, the necessaries other than foodstuffs are also included within the scope of black marketing. It is not black marketing for the farmer to keep the goods he has produced. The farmer can keep them to evaluate his labor. However, if there is a great need for that product, it is better for him to put it on the market.

- Buying the goods below their value: If the seller needs money very much, and the customer feels it and wants to buy the goods at a price far below the real value, it is not a religiously appropriate deed.

- Bargaining. The price of a product forms as a result of the agreement between the seller and the buyer, that is, by bargaining. It is halal to bargain. What is not halal is to overprice or to offer a very low price. While the buyer and seller are bargaining, it is not permissible for another buyer to bargain. Abdullah b. Umar states that the Prophet (pbuh) forbade another person from bargaining while two people were bargaining. (Bukhari, Buyu, 58, Muslim, Buyu, 14)

It is also haram to increase or decrease the price without the intention of purchasing the goods, thereby harming third parties; cheating and secret agreements made in auctions are also haram. All these deeds are called “najsh: deception” in our religion; they were forbidden by the Prophet (pbuh). (Bukhari, Buyu, 64, Muslim, Buyu, 14)

- Swearing an oath in trade. It is not permissible to take an oath during bargaining. To swear falsely is a bigger haram because it means to abuse the name of Allah for a simple gain and to deceive the customer. The Prophet (pbuh) states that one of the three people whose faces Allah will not look at on the Day of Judgment will be “...the person who says I bought this product at such and such price and the customer accepted it to be true and bought it though it was not true”. (Bukhari, Musaqah, 5; Muslim, Iman, 46) The Prophet (pbuh) states the following in another hadith:

“Beware of swearing a lot in trade; it increases the sale but blots out the blessing.” (Muslim, Musaqah, 27)

- Measuring and weighing correctly, not resorting to deception in trade.

The religion of Islam invites people to ethics, virtue and honesty in their transactions. The most remarkable characteristic of a Muslim is his honesty. What is meant by deception in trade is to influence a person with one’s words, actions and attitudes, suggesting that the contract of sale is for his benefit and to persuade him to a sale price other than the market price.

The following is stated in a verse:

“Woe to those that deal in fraud,- Those who, when they have to receive by measure from men, exact full measure, But when they have to give by measure or weight to men, give less than due.” (al-Mutaffifin, 83/1-3). (See also al-An’am, 6/152; al-Isra 17/35; ash-Shuara, 28/181-183).

When Muhammad (pbuh) became a prophet, Arabs were dealing with trade in Hejaz. The Prophet (pbuh) ensured the formation of an honest market by bringing some regulatory decrees based on divine revelation.

35 Is it haram to work in a factory that produces wine/alcoholic drink? If it is haram, is it necessary for a Muslim to give up that job?

It is not permissible to work in afactory that produces alcoholic drinks and the money obtained from it is haram. It is haram to produce, buy, sell, carry and serve alcoholic drinks. Therefore, it is not permissible to work in such places.

The religion of Islam did not prefer the way of abolishing certain widespread bad habits suddenly; instead, it used a method that started from the minimum level and that led the people to development in a certain direction. For instance, the prohibition of interest is one of the last decrees of Islam. This wound in the commercial life was treated after people reached a certain level with the method of the Quran. Gradualism was essential.

One of the issues in which gradualism was used in prohibition was alcoholic drinks. Alcohol was not prohibited at once; it was prohibited after three verses that were sent down at certain intervals, after the believers were made ready for it. As soon as the Muslims heard that alcoholic drinks were prohibited, they overturned all wine barrels and poured them into the streets. (Muslim, Musaqat: 67)

Not only drinking but also buying and selling alcohol were rendered haram. The Messenger of Allah stated in a hadith that alcohol was cursed in ten aspects:

«Wine is cursed from ten angles: The wine itself, the one who squeezes (the grapes, etc.), the one for whom it is squeezed, the one who sells it, the one who buys it, the one who carries it, the one to whom it is carried, the one who consumes its price, the one who drinks it and the one who serves it.» (Ibn Majah, Ashriba: 6)

(Mehmed PAKSU, HELAL – HARAM)

36 Are auctions permissible? Is there a religious drawback to buying a product in auction on the internet? Is the money paid in order to join the auction halal?

Auction is a kind of sale that has two types. One of them was applied by the Prophet (pbuh) himself and the other was forbidden.

According to what is narrated from Anas b. Malik, somebody from Ansar came to Hz. Muhammed (pbuh) and begged something from him. Hz. Prophet (pbuh) asked him, "Do you not have anything in your house?" The man said he had some sackcloth and a container. Upon the order of the Prophet (pbuh), the man fetched them. The Messenger of Allah (pbuh) held the sackcloth and the container and said, "Who will buy them?" One of the Companions said, "I will buy them for one dirham." The Prophet (pbuh) said two or three times, "Who will increase it? Anyone who wants to increase?" Another Companion said he would buy them for two dirhams. The Prophet (pbuh) sold them to him and gave the money to the Ansari, telling him to buy food with some of the money and to buy an axe with some of it, and to bring the axe to him. When the man brought the axe, the Prophet (pbuh) fixed a handle on it with his own hands and told him to cut wood and sell it in the market. He said gaining money like this was better than begging. (Abu Dawud, Zakah, 26)

As it is seen in the hadith, Hz. Muhammad (pbuh) adopted the sale by auction and applied it.

If the money given or taken for the auction is related to registration and expenses, it is permissible.

37 Is the economic system of Islam similar to the liberal economy? What are the differences between them?

Adam Smith is described as 'the father of the economy'; he is accepted to have laid the foundations for the free market economy. His book called 'the Welfare of Nations' was published in 1789. The essence of the book is based on the following idea:

"The right thing to do about the economy is not to intervene in the market at all because the market always does the best."

This view is expressed with the famous slogan 'Let them do (Laissez faire)'. The rationale behind Smith's ideas is very interesting. There is an invisible hand that manages the market; this secret hand means God. Were these ideas, which are still regarded as a fundamental doctrine in economics, really put forward by him for the first time as it has been told to people? Let us look at Islamic history to find the answer.

Answering those who demanded fixing prices officially during the Era of Bliss, Hz. Muhammad (pbuh) set forth the principle of not intervening in prices by any means and stated the following as the reason:

"Allah knows where prices will go."

These words, which describe the liberal economy system in the most concise manner, correspond with Smith's description so much that it is clear that one quoted from the other. On the other hand,

"Give the worker his wages before his sweat dries."

With its approach of social justice, the hadith of the Prophet above opposes the liberal economy acting like wild capitalism. In addition, practices like zakah, sadaqah and interest-free lending are among the innovations of Islam as institutions that aim to prevent injustice in income distribution. On the other hand, twelve to thirteen centuries past and the society suffered unbelievable pains before the West started to regard workers as human beings and adopted the concept of social justice.

Trade is the lifeblood of economic life. In a broad sense, it can even be said that economy = trade. The following hadith of the Prophet of Islam is a very clear message regarding the issue:

"Be brave and engage in trade. Nine-tenths of sustenance comes from trade."

Our Prophet stated that trade had risks but he advised us not to avoid taking those risks. In addition, he informed humanity that almost all of the gross national income (sustenance) nationally and globally originated from trade directly or indirectly by mentioning a generally accepted macroeconomic phenomenon of our day. However, the priests of the Christian world regarded trade to be equal to fraud until recent ages, saying that selling a product at a price more than its cost was theft.

In the Quran, the holy book of Islam, we are ordered to record information about shopping. Thus, companies are guided to ensure that the business transactions, which constitute one of the most fundamental issues of the business world, are recorded healthily in the books and to prevent informal economy, which is the source of many bad things. As a matter of fact, thanks to this decree of the Quran, the contemporary accounting system was first invented by the Arabs. It has been many years since the West reached this level in accounting and incorporation.

The Messenger of Allah (pbuh) said,

"The master of our community is the one that serves the community the most."

With this statement, He gave all the leaders in the world a divine guide for success. Servant leader is one of the newly studied issues of contemporary management science.

38 Is it haram to work in the production of clothes that are contrary to tasattur (hijab), to manufacture and sell them? Is the money earned from them halal?

It is not haram to work in the production of clothes that are contrary to tasattur (hijab). The money earned from them is halal because the clothes themselves are not haram.

It is haram not to cover the places that need to be covered. It is permissible to sell dresses and wedding gowns that are not in compliance with tasattur. For, things that are halal are sold. The person who buys it and uses it in the wrong way becomes responsible. A woman can wear those dresses at home to show them only to her husband.

The rule that needs to be careful about the issues like that is as follows: If the thing that is sold can also be used in halal ways, it is permissible to sell it.

39 What are the decrees of borrowing and bankruptcy in Islamic law? In Germany, those who go bankrupt are relieved of their debts six years after bankruptcy.

In Islamic law, debtors are divided into three:

a. Those who are financially well-off but do not want to pay their debts;

b. Those who are in financial trouble and who do not have any wealth;

c. Those whose debts are equal to their property or whose debts are more.

If a person in the last group cannot pay his debts in time and his existing wealth is less than his debts, the issue of bankruptcy occurs.

According to Abu Hanifa, even if the debt of a person is more than his wealth, this person cannot be put under interdiction (hajr) due to his debts. For, he is fully qualified since he is sane; it is possible for him to increase his wealth through a successful operation. Thus, his freedom of disposition and humanity will be protected. However, in that case, he is ordered to pay his debts. If he does not do so, he is imprisoned so that he will sell his property and pay his debts. The judge cannot sell the property of the debtor. However, he can give his money and his goods of the same kind of his debts to the creditors through istihsan (judicial preference). The reason for imprisoning the debtor is harming and wronging the creditors because of not paying his debts. (al-Maydani, al-Lubab, II/20; az-Zuhayli, al-Fiqhul Islami wa Adillatuh, lV/132)

According to Abu Yusuf, Imam Muhammad, Shafii, Malik and Ahmad b. Hanbal, the debtors whose debts that are due are more than their wealth are put under interdiction by the judge upon the wish of the creditors. This person is regarded to have bankrupted. Malikis do not regard the decree of the court necessary in that case. With interdiction, the transactions that will harm the rights of creditors will be prevented. Transactions like giving property to foundations, donating, giving as charity, entrusting to guardianship, accepting paying debts to somebody else, etc are not valid unless the creditors give permission. If they sell something at market value, the money belongs to the creditors. If the sale is below market value, it depends on the permission of the creditors. The buyer is free to complete the market price or annul the purchase. (Ibn Abidin, Raddul-Muhtar, V/101; Abdülkadir Şener, "İslâm Hukukunda Hacr", A.Ü.İ.F. Periodical, Vol. XXII, p. 339)

Regarding transactions like this, the qualification of the debtor is like a mumayyiz child (above 7 but not of full age). His financial transactions that can harm his creditors are based on their permission. It does not matter whether these transactions are grants like donating and giving property to foundations or onerous contracts that include tolerance in the sale price like selling something below market price or much higher than market price.

The judge sells the property of the debtor who does not pay his debts and divides the money among the creditors. Perishable goods are sold first. Then, vulnerable goods and finally real estate are sold. However, the judge cannot sell the food, clothes, house and similar basic needs of the debtor and his family. (Ibn Abidin, V/103; Damad, Majmaul-Anhur, II/443)

According to Abu Hanifa, if the judge imprisons the debtor for two or three months, does not see any signs that he has any property or it is understood that he is really poor, he is freed based on the following verse:

"If the debtor is in a difficulty grant him time till it is easy for him to repay." (al-Baqara, 2/280)

However, the creditors follow him. If he becomes rich enough to pay his debts, the creditors will share his wealth. According to Abu Yusuf and Imam Muhammad, poor debtors are not followed until it becomes clear that they have acquired new property. For, the verse above demands some time to be given to them in order to work and earn money. (al-Maydani, ibid, 21-23)

This vast freedom, given by Abu Hanifa to the debtors, was misused in the course of time; debtors sold their property to their friends or relatives, donated them to a foundation or their children, etc in order to escape from creditors. The fiqh scholars that came later issued fatwas stating that the debtors whose debts are more than their wealth cannot donate their property unless their creditors agree even if they are not under interdiction. Ebussuud Efendi, who was the sheikh al-Islam during the reign of Sulayman I and Selim II, stated this issue clearly in the letter that he gave to the sultan. (Hamdi Döndüren, Delilleriyle İslâm Hukuku, İstanbul 1983, p. 144)

If a person who is the protection of any state really goes bankrupt, he is not held responsible for the transactions done in accordance with the rules of that state and he is relieved of his debts.However, if he has not bankrupted but pretends to go bankrupt, or if he earns money but hides it, he will violate people's rights and be held responsible. It is necessary to act according to those criteria.

40 We have a tourism company. We send tourists to various places including holiday towns. Are we regarded to have committed a sin when the tourists we transport enter the sea in holiday towns and commit sins there?

There is no drawback to establishing a tourism company, transporting travelers to holiday towns and other places. If these people commit sins in the places where they go, it is their responsibility. You have no responsibility. As a matter of fact, you transport passengers. It is religiously permissible to transport passengers.

41 If a person uses illegitimately earned money as capital and starts a legitimate earning, what is the decree about the new earning? Are the goods that are taken and trade that is made completely haram?

Decision is made based on the income of money:

1. It is haram to make a deal based on interest.

2. Interest to be given or taken is haram.

3. Decision is made whether the money is haram or halal based on the place and income of the earning.

4. However, doubt exists in money earned through illegitimate (haram) ways in any case. Therefore, it is not said that all loans borrowed based on interest are haram but haram mixes with them since they are borrowed based on interest.

5. Committing sins, even if knowingly, does not prevent repenting. The fact that the door of repentance is open should not lead us to sins.

Goods and money become haram to the extent that haram mixes with them. Thus, if the whole income is haram, the whole of it is haram; if some part of it is haram, that part is haram.

A capital mixed with interest is one thing and a capital that consists of interest income only is another thing. The whole capital does not become haram when a person receives a loan from the bank. The whole capital formed from only the interest income of the money in the bank is haram. Even if the capital formed by using credit is not completely haram, it mixes with haram. It is difficult to say anything definite about its proportion.

It is not permissible to make a deal based on interest in any case. It is not permissible to make a deal based on interest, whether in order to start a business or due to financial difficulties.

It is not permissible to make a deal based on interest whether the rate is equal to the rate of inflation or less than it.

To sum up, it is haram to make a transaction based on interest. Not the whole house or workplace purchased with interest loan is haram. It cannot be regarded completely halal either. Therefore, money as much as the interest rate paid for the house or workplace purchased with interest loan should be given to charitable institutions or to the poor. For example, if you bought a $ 100,000 house for $ 120,000 on loan, it would be appropriate to give $ 20,000 (the amount as much as the interest) you paid to the poor or charitable institutions. It is also necessary to repent and ask for forgiveness.

If a person starts a business with a capital that is completely haram, most of which is haram or a little of which is haram, what is the decree about the new earning? What is the decree about each of the three cases separately?

The result is the same for all three forms of haram capital. It is necessary to calculate and remove the existing haram capital, return it to their owners if there are any, or to give it away to the poor.

As a matter of fact, according to the information given by Imam al-Haramayn and Imam Ghazali regarding the issue, there are two important views about the state of a person who does business with a haram capital he has usurped and earns money from it repeatedly. According to the soundest view, all transaction done by that person are wrong. According to the other view, that person can remove the amount of haram capital and use the remaining new earnings as his halal property. (Nawawi, al-Majmu, 9 / 260-261)

The following statement of Imam Ghazali regarding the issue sheds light on our topic:

“If a person makes a profit by buying and selling things repeatedly with a usurped/haram capital he has and if he obtains goods without saying that he will pay from haram capital and then pays from that haram capital later, the goods he buys become his own goods and they are halal because when he buys the goods, he does not determine any money in return for them; the goods he obtains become his debt, not the return for haram capital. However, it is doubtful. It is more appropriate to keep away from it in terms of taqwa but it is not said that it is haram if it is used. "(Ghazali, Ihya, II / 129)

Conclusion:

It is haram to get involved in a transaction based on interest. However, if you earn money by selling halal products without getting involved in haram during your own trade, your earnings are halal. If the part of earning that is not haram reaches the amount of nisab, you have to give zakah from it. Since zakah is not given from haram money, what a person who is sensitive to halal and haram should do is to distribute the haram money he has to the needy without expecting any thawabs. In other words, the interest income you have should be given to the poor or charitable institutions without expecting any reward in return and you should repent for that transaction with interest. It is not permissible to continue doing the same business knowingly by consenting to haram because no haram passes through a halal way.

The religion of Islam prohibits all kinds of interest. In this regard, there is no difference between making interest contracts with real persons and interest contracts with legal persons.

It is not religiously permissible to use interest income. However, those who have financial difficulties can use that money due to obligation.

It is not permissible to use the interest obtained from the money invested in institutions and organizations that make transactions with interest; zakah cannot be given for them. However, zakah of the capital must be given.

42 Is it permissible to sell ornaments, Noel toys, turkey, etc. due to New Year? Is the money obtained from them halal?

1. It is haram to commit a bad deed; similarly, it is not permissible to cause a bad deed. Therefore, a person will be held responsible if he helps something like that. As a matter of fact, most of the scholars say something like that is haram.

2. However, it is not haram to sell things that can be used in both haram and halal ways like computers and television sets.

43 Is it permissible to earn money through Google Adsense?

Google Adsense is a system of publishing advertisements. Website owners allocate advertisement places in their websites and allow Google Adsense to use it. That is, the owner of the website allows Google to advertise in certain places in the website.

When product owners who want to advertise apply to Google and want to have their products advertised, Google publishes the desired advertisements in those areas without asking the site owners who previously allocated them their own place. Thus, the website owner and Google earn money by partnering at a certain rate.

Website owners can block the advertisement of certain websites via Google Adsense in their websites but the site owners will have to follow the site all the time; and when they see an inappropriate advertisement in their advertisement space, they will have to immediately filter the site that advertises through Adsense. However, it can take several hours for the filter to be active. That is, that content will be visible to all users for a few hours.

Accordingly, it is not permissible to accept such advertisements since any advertisement circulating on the Internet through Google Adsense may appear; some sites can be partially blocked, but they cannot be prevented completely, and even filtering cannot prevent advertisements contrary to Islam from appearing for a few hours.

“Help ye one another in righteousness and piety, but help ye not one another in sin and rancor: fear Allah. for Allah is strict in punishment.” (al-Maida, 5/2)

“If a person invites somebody to goodness (guidance), he will have as many rewards as those who follow him and the rewards of those who follow him will not decrease. And if a person invites somebody to aberration (misguidance, sins), he will have as many sins as those who follow him and the sins of those who follow him will not decrease.” (Ibn Majah, Muqaddima, 206, 207)

44 Is it permissible to buy and sell foreign currency?

It is permissible to buy and sell foreign currency. However, both parties must pay cash.

(see Halil GÜNENÇ, Günümüz Meselelerine Fetvalar, 1/422)

45 Is it permissible to work as a travel agent and to run a hotel?

Most of the domestic and foreign tourists are not sinners and not everything that they do are sins; therefore, it is permissible to work as a travel agent and to run a hotel.

If it is certain that those who will use the facilities will commit sins, the manager of the facility needs to prevent it.

46 I work in a store that sells alcoholic drinks. Is my earning halal? Will I share the sins of the people who buy alcoholic drinks from the store?

Islam prohibits not only drinking alcohol but also buying and selling it among Muslims. The following is stated in a hadith:

"The Prophet (pbuh) damned ten people related to alcohol: The one who squeezes (the grapes, etc.), the one for whom it is squeezed, the one who drinks it, the one who carries it, the one to whom it is carried, the one who makes others drink, the one who sells it, the one who spends its money, the one who buys it and the one for whom it is bought." (Tirmidhi, Buyu', 59; Ibn Majah, Ashriba, 6).

It is not permissible to work in the alcoholic drinks department. However, you can work in the other departments where halal goods are sold. If you are responsible for all departments, not all of your earning is haram; only some of it is haram.

A person who contributes to a sin is held responsible based on his share in it; he is not regarded to be a sinner as much as the one who drinks it.

47 Is it permissible to work in the workplace of a non-Muslim?

It is religiously permissible for a Muslim to work in the workplace of a non-Muslim if he is not prevented from worshipping.

If a Muslim serves an unbeliever, that is, if he serves that unbeliever himself, it is makruh tanzihi according to the reliable view. However, if he works in an unbeliever’s field, factory, in agriculture and business, it is not regarded makruh. (al-Fiqh 'alal-Madhahib al-Arbaa, III/125)

48 What is the prayer that can be recited when opening one's shop in the morning and closing it in the evening?

“Allahumma ya mufattihal abwab. Iftah lana khayral bab. Allahummarzuqna rizqan halalan wa rizqan wasian birahmatika ya arhamarrahimin.”

(O Allah who opens doors! Open the door of good for us! Give us halal and ample sustenance! O the most Merciful of the merciful! Show us mercy.)

49 Is it permissible to do different things and to make phone calls during working hours?

This issue depends on the permission of the employer. If the employer gives consent to it, you can do it. If not, it is not permissible for you to do it.

Or, you can work based products. That is, you can accept a certain work to do it in a week, by working based on the product, not time. You can complete the work in the desired time and do other things in the remaining time based on the consent of the employer.

50 Is it permissible to sell points from games played over the internet and participate in games of chance by paying a fee?

Islam has made halal all kinds of sports, games and entertainment that do not involve haram. However, it prohibits them from being used as gambling tools. The following is stated in the Holy Quran:

“O ye who believe! Intoxicants and gambling, (dedication of) stones, and (divination by) arrows, are an abomination, - of Satan’s handwork: eschew such (abomination), that ye may prosper. Satan’s plan is (but) to excite enmity and hatred between you, with intoxicants and gambling, and hinder you from the remembrance of Allah, and from prayer: will ye not then abstain?” (al-Maida, 5/90-91)

The following is stated in another verse:

“That man can have nothing but what he strives for.” (an-Najm, 53/39)

Thus, it is emphasized that a Muslim’s earnings should not depend on luck and coincidence, but should be the product of his effort and sweat of his brow.

In this respect, any bet that benefits one of the parties falls within the scope of gambling prohibited by the Holy Quran.

In our religion, money obtained from all kinds of games of chance such as lottery, football tools and lotto is haram. As for prize competition programs broadcast through mass media such as radio and television and games played over the internet, whether the prize won from them is haram or halal depends on whether it contains luck or not, whether it encourages people to laziness, dreams and luxury and whether it is necessary to buy tickets, pay landline phone fee, etc. for the participation in the competition.

Accordingly, it is not permissible to participate in competitions that contains luck, encourage people to laziness, dreams and luxury, and that require financial obligations by making people buy tickets, pay landline phone fee or pay for the game, etc., for the participation in the competition; and the prizes won from such a competition are not halal.

The decree about a person’s participating in such a game, selling the game in question to another player for money and using that money is the same. Such earnings must be disposed of by being given to the poor or charities, without any thawab expectation.

51 Can we act according to the fatwa of those who say that the stock market is permissible?

Question 1:
Can we act according to the fatwa of those who say that the stock market is permissible since there are those who say that it is permissible and those who say that it is not permissible? Is it a sin to act accordingly?

Answer 1:

Stock certificates, which are issued by various commercial and industrial organizations and are traded in the free market and on the stock exchange at their daily value, represent a partnership in a company that is engaged in production, trade or service and that is known by the buyer.

The holders of those certificates share in the profits and losses of the relevant company to the extent represented by the certificate in their hands. Stock exchanges are the markets where stocks are traded.

The decree on the purchase of a stock certificate is linked to the assets of the company it represents.

There is no religious objection to buying shares issued by a company that is engaged in legitimate production or trade as long as the company’s field of activity, whether national or international, does not involve religiously prohibited activities. However, a person who buys the shares of a company whose wealth and field of activity is not legitimate, and who benefits from its annual profits, directly or indirectly becomes a partner in a wealth that is not legitimate and halal from an Islamic point of view, which is not permissible.

Accordingly, it is not permissible to become a partner in investment funds that include instruments such as bonds, interest-bearing government bonds, etc. in their portfolios, have time deposit income and are engaged in activities prohibited by religion, and to buy and sell the shares of companies that are engaged in activities prohibited by religion. In our religion, exchanges that involve interest-bearing transactions or the buying and selling of haram things are haram.

As for becoming a partner in or buying shares in companies whose main field of activity is halal, but which may sometimes engage in interest-bearing or religiously prohibited transactions, it is possible to mention some individual and institutional fatwas stating that it is permissible to buy shares in such companies whose main business, production and investment are halal, but whose income includes some interest, provided that this amount does not exceed a certain percentage of the total income. [See AAOIFI (Accounting and Auditing Organization For Islamic Financial Institutions), 21-3/4]

He who wishes can act based on this view.

However, from the point of view of taqwa and avoiding suspicious things, it would not be appropriate to say that there is no harm in buying shares of companies that generate illegitimate income from interest, alcoholic drinks, etc. if such activities are below a certain percentage of their total capital. This is because becoming a partner by providing financial support to companies or organizations that are known to have some income-generating activities through haram means, even if the amount is small, may be like turning a blind eye to that haram activity.

Therefore, if shares of such companies or organizations are somehow purchased and it is later found out that they generate income through haram means, it would be appropriate to determine the rate of this unlawful income and deduct it from the profit of the share period and give it to the needy without waiting for reward.

Question 2:
What is the justification for buying stocks of companies whose main business, production and investment are halal, but whose income includes some interest, but the amount of interest does not exceed 5% of the total income?

Answer 2:

The decree on buying and selling stocks in the stock market of companies whose main business, production and trade are legitimate, halal and permissible, but which sometimes use interest-bearing loans or put their money in interest-bearing banks and charge interest, and on buying and selling stocks in such companies and on using the dividends as long as they are in their possession is a matter of debate among the fiqh scholars of our time, and there is no consensus on it.

A group of scholars, including well-known fiqh scholars such as Qaradawi and Qaradaghi, and some fatwa councils regard it permissible to buy and sell the shares of such companies and use the dividends if the following conditions are observed:

a) The interest-bearing loan must not exceed thirty percent of the total market value of the company’s shares.

b) What the company earns from the interest-bearing loan must not exceed five percent of the company’s total income.

c) If the shareholder receives dividends (profit), he must give his share of this five percent haram profit to the poor.

The reasoning of the scholars who consider it permissible is as follows:

Pious Muslims must prevent haram such as interest, even if it is small, in companies that they can control. However, if it is not regarded as permissible to buy shares in large companies that they cannot control, because their capital and profits are slightly haram even though their main business is halal, pious Muslims will be deprived of participating in and benefiting from a large amount of national wealth, and people with no religious sensitivity will seize this wealth, which is not in line with the objectives of Islam. Muslims who avoid haram can look at the year-end reports and find out “the amount of haram income” and subtract it from their profits and give it to the poor...

Question 3:
I did not hold a stock long enough to receive the dividends that companies distribute to their shareholders annually; that is, I did not receive dividends. I only made money by buying and selling according to the rise and fall of the stock on the ISE. Is it permissible?

Answer 3:

Since you did not receive dividends, some of the measures related to this (such as giving five percent or less of the earnings to the poor) do not interest you. The profit obtained from buying and selling shares in such a company is halal.

Question 4:
Is the money I earned from trading in the stock market between 1997 and 2011, before the participation index, in which the main business is halal, was introduced, since I did not know whether they met the criteria or not haram? There was no committee that examined them according to the criteria as they do today? Do I have to make an investigation related to the past religiously? What should I do if my money is haram?

Answer 4:

If you do not have the means to calculate and investigate it, give one-third of the dividend income to the poor as a precautionary measure.

Question 5:
We buy shares of an iron and steel factory on the stock exchange and sell them when the stock increases and make money from it. When we buy shares in this company, it is not possible to know what the owners of this company do besides this business, whether they have religious sensitivity, etc. or not. We only buy shares if the main business of the company we buy shares from is halal production. Is it haram to buy shares without knowing whether the owners of the company have religious sensitivities or not and what other businesses they are involved in?

Answer 5:

Whether their other businesses are halal or not does not make you responsible for being a partner in a company that has halal businesses.

Soru 6:
When we have a look at the stock market, we see that almost every company has an interest-bearing transaction. Even a company that appears to be engaged in a religiously permissible business (furniture, automotive, cement, grocery store, etc.) can sometimes have transactions with banks in terms of receiving and giving loans. According to the statement of the Supreme Council of Religious Affairs in its fatwa on the stock exchange, “There is no religious objection to buying shares issued by a company that is engaged in legitimate production or trade, unless the company’s field of occupation is religiously prohibited”, when I buy shares in a company that is engaged in a legitimate business that is not prohibited by religion, such as automotive, furniture, cement, iron and steel, market, textile, food, etc., I have shares of that company, but no one asks me anything about the company’s actions and I have no say in the company. In that case, is it haram for me to buy shares of a company that does a legitimate business but that also does something I would not approve of religiously and would not want if I had a say in it, and is the money I earn as a result of the increase in my share price haram? I do not get the dividends from the companies; I only get the money from the increase in the shares. Does this fall within the scope of the verse in al Maida 5:2: “Helping one another in sin and aggression”?

Answer 6:

You have no say in the management of the company, but you know what they do, and you buy their shares because what they do is in accordance with the fatwas. Helping one another in evil and sin occurs when you participate in or help a company that is sinful. The activity of a company whose main business and capital are halal is not sinful; so, you do not help it in sin. Fiqh scholars have ruled that it is permissible because a small part of the business being haram does not make the whole business haram and the partner with religious sensitivities will distribute the earnings from this part to the poor.

However, it is always better to avoid suspicious things.

Question 7:
What is AAOIFI? How do we know if the fatwas of this organization are consistent with fiqh and have credibility?

Answer 7:

AAOIFI stands for the following: The Accounting and Auditing Organization for Islamic Financial Institutions, Manama-Bahrain; it is composed of scholars from various countries.

This institution (AAOIFI) is one of those that consider some issues permissible on conditional grounds. In order to understand whether this view is consistent with fiqh and whether it has any credibility, it is necessary to introduce the organization briefly.

The book of standards prepared by the organization has been translated into many languages and many countries have accepted these standards (interest-free finance rules) as binding in their own transactions. The book of Standards has also been translated into Turkish and printed; translators: Mehmet Odabaşı (Giriş – 20 Standartlar), Doç. Dr. İshak Emin Aktepe (21-41 Standartlar). After this translation, about 30 more standards were published.

The following information about AAOIFI is included at the beginning of the translation:

AAOIFI, formerly known as the Financial Accounting Organization for Islamic Banks and Financial Institutions, was established in Algiers on Safar 1, 1410 / February 26, 1990 in accordance with the founding agreement signed by several Islamic Financial Institutions. AAOIFI was registered in Bahrain on Ramadan 11, 1411 / March 27, 1991 as an international non-profit organization with independent legal personality.

The objectives of AAOIFI can be listed as follows:

(1) Developing an understanding of accounting and auditing for Islamic financial institutions.

(2) Trying to disseminate and implement this understanding by organizing trainings, conferences and symposiums, publishing periodicals and preparing research.

(3) Preparing, publishing, explaining, examining and revising Islamic standards for Islamic financial institutions, which are based on the decrees and principles of Islamic law that regulate and encompass all areas of life, as well as the social structure from which these institutions emerge.

(4) Increasing the confidence of the users of the financial statements of Islamic financial institutions in the information that is provided and encouraging them to work with these institutions (investments, financing, deposits and benefitting from banking services).

The fiqh committee of this organization includes about twenty scholars known and respected throughout the Islamic world, and its chairman was the Pakistani scholar Muhammad Taqi Uthmani.

The Standards are the result of a great deal of hard work, and dozens of people who provide various services join the members of the fiqh committee. The discussion of each standard and the evidence on which it is based are also included in the book.

The ratios described in the question are based on ijtihad, not on a verse of the Quran and hadith. The fiqh rules on which this ijtihad is based on are as follows:

a) The removal of umum al-balwa (widespread affliction) and hardship

b) The survival of the country’s economy, its competitiveness, ensuring large-scale production and trade, the demands of small savers to protect the value of their money and make a profit in a halal way through the partnership method... all these and others are important needs of both the public and individuals. The rule “A need is an imperative, whether it is general or specific.”

c) If the question “If this logic is valid, why is it not permissible to buy stocks of companies whose capital and business are also haram?” arises, the answer to this question is another rule of fiqh: “In terms of decree, the less is subject to the more; the less takes the decree of the more; that is, if the most part is something is haram, the whole of it is regarded as haram, but if a small part of something is haram, the whole of it is not regarded as haram.”

One of the conditions is the nonexistence of shares of companies in the market that do business without taking any interest-bearing loans. If there are such companies, the institution does not issue a fatwa to buy the shares of companies that receive even a small amount of credit.

52 Is dropshipping permissible, is my earning halal?

Islam regards no harm in buying and selling a legitimate (not religiously prohibited) product or service in accordance with the commercial principles it imposed. As a rule, there is no religious obstacle to e-commerce, that is, traditional commerce to be carried out on the web or through mobile applications, provided that such commercial activities are carried out according to the decrees of the relevant general / specific official legislation.

Current e-commerce practices are as follows:

1. E-commerce based on direct selling:

There is no religious objection to manufacturers/suppliers’ selling their goods directly through e-commerce, in cash, in installments or by credit card, and shipping them directly to the customer’s address.

2. E-commerce based on marketing (marketplace):

There is no religious objection to an individual or commercial organization making an agreement with the manufacturer/supplier to act as an intermediary in the sale of their goods, and to receive a certain commission charge (fee) from the seller and/or buyer in return for the intermediation. There is no religious objection to e-commerce platforms marketing products belonging to manufacturers/suppliers in cash or in installments or by credit card, and sending those products directly to the customer’s address.

3. E-commerce based on the principle of delivering the purchased goods to the customer without receiving them:

If e-commerce platforms (intermediaries) sell the products that they purchase from the manufacturers/suppliers to their customers in cash or in installments and if they want suppliers to send the products directly to the customers, such a sale is not permissible for movable goods according to Hanafis (see Mawsili, Ikhtiyar, II, 15), for all kinds of goods according to Shafi’i madhhab (Shirbini, Mughnil-Muhtaj, II, 82, 236; IV, 707).

According to the Malikis, it is permissible related to the products except ribawi (that are sold by weight and measure) food items (Ibn Rushd, Bidayatul-Mujtahid, II, 144); according to the famous view of Hanbalis, it is permissible for all kinds of goods that do not necessitate immediate delivery. (Ibn Qudama, Mughni, VI, 188-189)

Since such sales have become customary today, there is no harm in acting according to the views that regard them permissible. What matters regarding the issue is that the producers or consumers must not be harmed due to the destruction of goods, deception, cheating, etc.

4. E-commerce based on order:

It is permissible to buy and sell a religiously permissible product in advance or to reserve it on the promise of buying it. However, the transaction of sale and purchase is not completed by ordering or promising to buy, but by receiving the goods and paying the price in cash or on credit.

5. E-commerce through dropshipping (without stock) method:

It is not permissible for intermediaries (e-commerce platforms) to offer a product that they do not own, without making any sales or marketing agreements with the suppliers, and then purchase it from the manufacturers/suppliers and send it to the customer as it means the sale of something that is not owned.

As a matter of fact, according to the narrations reported from the Prophet (pbuh), a person is not allowed to sell something that he does not own, even if he buys it from the market later and delivers it to the buyer. (Muwatta, Buyu’, 45; Abu Dawud, Ijarah, 34; Tirmidhi, Buyu, 19; Ibn Majah, Tijarat, 20)

Therefore, it is not permissible to market the products of the suppliers without stock through e-commerce method without purchasing them or being authorized for sale by the suppliers.

On the other hand, in e-commerce practices that are regarded as permissible, the customers' addressees are e-commerce companies. Besides, it is not permissible to sell monetary products such as gold and silver in installments in such sales.

Note:

1. As it is explained in the answer, it is not permissible to sell something that is not available. However, if it is available in the warehouse of the manufacturer or in the market, and there is a possibility of delivery at any time, it is halal to sell it even without stock, and the fact that it is not available in the warehouse of the seller at the time of the contract of sale does not harm the contract.

2. In all kinds of buying and selling, interest-bearing loan practices are not religiously permissible; they are haram.

53 What is the decree on opening a store on the websites and the money paid based on sales?

In the religion of Islam, what is essential in trade is to do business based on halal goods.

Therefore, if the goods subject to trade are halal and there are no practices that will mean interest in the transaction - even if the supplier company has a product that is not legitimate according to the religion of Islam - the halal and legitimate sales and the profits obtained in this way are halal.

However, it would be more appropriate to prefer a supplier that does not include haram products in its product catalog, even if it is internet marketing, so as not to indirectly support a supplier that also markets products that are religiously haram.

We would like to make the following explanation regarding e-commerce practicess:

Islam regards no harm in buying and selling a legitimate (not religiously prohibited) product or service in accordance with the commercial principles it imposed. As a rule, there is no religious obstacle to e-commerce, that is, traditional commerce to be carried out on the web or through mobile applications, provided that such commercial activities are carried out according to the decrees of the relevant general / specific official legislation. Current e-commerce practices are as follows:

1. E-commerce based on direct selling:

There is no religious objection to manufacturers/suppliers selling their goods directly through e-commerce, in cash, in installments or by credit card, and shipping them directly to the customer’s address.

2. E-commerce based on marketing:

There is no religious objection to an individual or commercial organization making an agreement with the manufacturer/supplier to act as an intermediary in the sale of their goods, and to receive a certain commission charge from the seller and/or buyer in return for the intermediation. There is no religious objection to e-commerce platforms marketing products belonging to manufacturers/suppliers in cash or in installments or by credit card, and sending those products directly to the customer’s address.

3. E-commerce through dropshipping (without stock) method:

It is not permissible for intermediaries (e-commerce platforms) to offer a product that they do not own, without making any sales or marketing agreements with the suppliers, and then purchase it from the manufacturers/suppliers and send it to the customer as it means the sale of something that is not owned.

As a matter of fact, according to the narrations reported from the Prophet (pbuh), a person is not allowed to sell something that he does not own, even if he buys it from the market later and delivers it to the buyer. (Muwatta, Buyu’, 45; Abu Dawud, Ijarah, 34; Tirmidhi, Buyu, 19; Ibn Majah, Tijarat, 20)

Therefore, it is not permissible to market the products of the suppliers without stock through e-commerce method without purchasing them or being authorized for sale by the suppliers.

4. E-commerce based on the principle of delivering the purchased goods to the customer without receiving them:

If e-commerce platforms (intermediaries) sell the products they buy from manufacturers/suppliers to their customers in cash or in installments and ask the manufacturer/supplier companies to send those products directly to the customer’s address without receiving them (qabl al-qabd), such a sale is not permissible for movable goods according to Hanafis (Mawsili, Ikhtiyar, II, 15), for all property according to Shafi’i madhhab (Shirbini, Mughnil-Muhtaj, II, 82, 236; IV, 707)

According to the Malikis, it is permissible related to the products except ribawi (that are sold by weight and measure) food items (Ibn Rushd, Bidayatul-Mujtahid, II, 144); according to the famous view of Hanbalis, it is permissible for all kinds of goods that do not necessitate immediate delivery. (Ibn Qudama, Mughni, VI, 188-189)

Since such sales have become customary today, there is no harm in acting according to the views that regard them permissible. What matters regarding the issue is that the producers or consumers must not be harmed due to the destruction of goods, deception, cheating, etc.

54 Is it permissible for civil servants and employees to receive bank promotions?

When salaries are deposited in banks that earn money by charging interest, the banks charge interest and earn money as long as the money stays in that bank. The amount given as promotion is a small part of this interest income. Therefore, the Muslims who are concerned about haram and halal should deposit their salaries in banks that do not charge interest.

As it is known, Islam has forbidden the lesser and greater amounts of interest, including interest-bearing transactions and contracts.

When the salaries of a group of civil servants or employees are deposited in an interest-based bank, that bank puts that money into the system - as long as it is not withdrawn - and earns money through interest-charging transactions. Part of the interest income goes to the bank and part of it is given to companies and civil servants.

Two drawbacks arise when salaries are received from interest-based banks:

1. You give the bank the opportunity to do interest transactions with your money.

2. You accept a gift from an institution whose income is mostly based on interest. In fact, I have already mentioned above that this gift is obtained from the interest they earn from your salaries deposited there.

What should we do in that case?

- If possible, we should deposit our salaries in participation banks that do not do interest-based transactions, and draw our salaries from them.

- If it is not possible, we should take the promotions given by interest-based banks but - if we are not poor - we should give them away to the poor.

- Since participation banks are interest-free institutions, it is permissible to use the promotions received from them.

55 What is the Islamic decree about following up a task?

Allah creates the beings in the best way and orders man to do what he does in the best way:

"… But do good; for Allah loveth those who do good."1

Doing one’s job/task/duty in the best way in any field is expressed with the word "ihsan" in our religion. As a matter of fact, when the Prophet (pbuh) was asked "O Messenger of Allah! What is ihsan?", he gave the following answer "...To worship Allah as if you see Him." Even though you do not see Him, He sees you..."2 Thus, he tells us that we should do everything with the consciousness that Allah sees everything and that our deeds will be presented to Him.

Our religion regards all useful deeds as worshipping Allah and orders us to give importance to whatever we do and do it in the best and soundest way. The Prophet (pbuh) states the following

"Allah rendered ihsan fard in everything..."3

Thus, he wants man to do anything he does based on its rules and technique, in the soundest best and perfect way. The Prophet (pbuh) states the following in another hadith:

"Allah likes it when you do something soundly and well."4

To do something, to produce a work is a talent peculiar to man. To do a task well and soundly is a feature of people who adopt their work and who have responsibility. Our religion advises us to do better and nicer things in every field. Our religion orders sound belief, sincere deeds, honesty in business, fineness in art and quality in all kinds of work.

The intention must be correct; the desire and efforts of the person “to do his work well” are regarded important by our religion for a deed/work to be good. This desire and effort will make the person successful, innovative and constructive in his work. A person with a pure conscience will not work perfunctorily and with the intention of passing time no matter what job he does. It should never be forgotten that the gain obtained from the work done with such an understanding will not be halal.

The most distinctive feature of a Muslim in business life is to do his job regularly and in the best way. A believer should work well as an individual, as a member of his family and society to make life meaningful and to form a peaceful environment. Everybody, a scientist in scientific study, a businessman in business, a worker in his workplace and a public official in his office, should aim “IHSAN”, which is regarded by our religion as “doing things well and soundly”.

Our religion, which introduced this nice principle in work life, orders us to have things done in the best way and to give tasks/works/jobs to qualified people. The Prophet (pbuh) states the following:

"When the power or authority comes in the hands of unfit persons, wait for the Hour (Doomsday)."5

Thus, he stated that things could be done efficiently and soundly only when tasks were given to qualified people and that otherwise things would go wrong.

Doing one’s job soundly and well necessitates self-sacrifice and seriousness. It should be our aim to apply the criteria of our religion, which introduced the ideal of doing the best, related to work life in a balanced way in everything we do. We should not forget that when a person does his job well, he lives well.

"As to those who believe and work righteousness, verily We shall not suffer to perish the reward of any who do a (single) righteous deed."6

Note: If what is meant by "following up a task" in the question is having somebody else do something for you like applying to a car dealer to take over a car, it is religiously permissible. It means to have something done by proxy. However, haram elements like bribery, injustice, deception and lying must not be included in it.

References:
1. al-Baqara, 2/195.
2. Bukhari, Iman, 37. I, 18
3. Muslim, Sayd, 57
4. Bayhaqi, Shu'abul-Iman, 4/334
5. Bukhari, Ilm, 2
6. al-Kahf, 18/30.

56 Is it permissible to sell things by decorating them with some signs of Christians and Jews?

It is a sin to do the things that are forbidden in our religion; it is also a sin to show consent to such things and to help them to be done. Accordingly, it is not permissible to sell things that are the symbols of other religions like the cross in order to earn money unless it is obligatory.

57 Is it permissible in terms of customers and tradesmen to shop in installments with a credit card?

Purchasing by credit card in installments:

1. Some institutions, such as participation banks, collect each installment separately each month, and it is deposited to the owner’s account each month. In other words, the owner cannot withdraw the money from the financial institution before the time is due. Thus, shopping is done without any doubt. We recommend this practice.

2. It is an issue that some banks apply related to vehicles or credit cards as you say. Since the customer is not aware of this practice, the issue is of particular interest to the owner. In other words, the customer does not make such an agreement; the responsibility belongs to the seller. Therefore, there is nothing that directly concerns the customer. However, since getting credit is in question, though indirectly, we can say that it is makruh even if we do not say that the customer who does it commits a haram deed. In this respect, it would be better to learn how the banks and the sellers agree and then shop. However, it seems difficult to say that a person who does such a purchase commits haram.

3. As for the issue of getting the money early by giving a certain percentage to the bank before the installment time comes: The workplace that sells things by credit card can receive the price of the goods it sold from the bank on the payment date of the customer. It is not permissible to get less money from the bank by drawing the money from the bank before this date since interest will be in question. (Presidency of Religious Affairs)

They liken this issue to negotiating checks and promissory notes in general. Therefore, we would like to answer by explaining the state related to negotiating checks and promissory notes.

When the seller or owner needs cash, he takes the check or the promissory note before the payment day and transforms it into cash in a bank. In other words, the bank takes some of the money in the check and promissory note, pays the rest to the owner; thus, he receives cash though it is less than its value. He takes a smaller amount of money than what is written on the check from the person who pays it in advance and gives the remaining money to the payer. In that case, what is the amount that he gives to the one who pays him in cash in return? It is definitely the interest of the cash he receives. If we say, “It means borrowing money with interest”, it will be more understandable. That person virtually says to the person to whom he gives the check and the promissory note, “When its time is due, you will get more money with this check or the promissory note. So, now give me this amount in cash, and take the remaining amount as interest on the money you gave me.” That is the gist of the matter.

Paying interest and borrowing money. A person who sells something in installments by credit card wants to get this money before its time is due. He leaves some of the money to the bank and takes the rest. It is not permissible. In this respect, it’s like negotiating a check and a promissory note. There is the second option that is permissible regarding the issue; that is the one that is probably confused. We can express it as follows.

– If the original owner of the check and the promissory note wants to pay his debt before the due date, the creditor can make as many discounts as he wishes. There is no drawback to it because it is a bilateral agreement between the creditor and the debtor. There is no third party negotiating the check. The creditor makes a discount to the debtor and the debtor pays ahead of time. That is how he gets the cash that he urgently needs. It is not interest; it is permissible.

Prof. Dr. Hamdi Döndüren states the following regarding the issue in his book named “İslami Ölçülerle Ticaret Rehberi”:

– If the principal debtor (the issuer of the check and the promissory note) wishes to pay off his debt early before its due date, it is possible and permissible. The creditor can also make some discount due to this early payment because there is no doubt that the creditor, who has the right to donate all of his receivable to the debtor, has the right not to receive a part of it.”

– “However, if a third person or a bank pays the price of the check and the bill before its due date and the creditor makes a discount on the check value, it means exchanging a debt for another debt on credit; the difference between them is regarded as “interest”!”

– “Nowadays, negotiating a promissory note is usually carried out by third parties.” p. (169)

We can express the other permissible and impermissible aspects of the issue as follows. If the debtor has not paid the check and promissory note on due date, it is also regarded as interest to extend the maturity a little longer and increase the debt a little more. However, in order to give the debtor a little more respite, it is permissible to convert the debt into gold from the date of payment and take the inflation difference up to the date when he pays his debt. Thus, the debtor gains a little more time, and the creditor is protected to some extent from the inflationary loss he will be exposed to. Both parties can have peace of mind.

58 Is it permissible for a man to work as a hairdresser of women?

It is not permissible for a non-mahram man and woman to touch each other and to remain alone.

Since it is haram to look at a non-mahram woman, it is definitely haram to touch her or to shake hands with her.

The women who paid allegiance to the Prophet (pbuh) said to him,

"O Messenger of Allah! You did not hold our hands when we paid allegiance to you." The Prophet (pbuh) said,

"I do not hold the hands of women and do not shake hands with them." (Ahmad bin Hanbal, Nasai, Ibn Majah)

Hz. Aisha states the following about paying allegiance:

"I swear by Allah that the hand of the Messenger of Allah did not touch any women. He accepted their allegiance through words." (Bukhari, Ahkam, 49; Ibn Majah, Jihad, 43).

The Prophet (pbuh) states the following in a hadith:

"It is better for you to be poked by a needle on the head than to touch a non-mahram woman." (Tabarani, Al-Mu'jam al-Kabir, 20/212)

Since it is not permissible for a man to work as a hairdresser of women, his earning is not permissible either.

59 Is it permissible to rent one's house or shop out to a person who does a business that is haram?

The issue has two important aspects like public interest and respect to human will and freedom. Abu Hanifa gives more importance to free will in general but also to public interest in one aspect in this issue in which he thinks differently from other scholars. According to him:

A Muslim can rent his cart or animal out to a dhimmi (member of Christian or Jewish minority) to repair a church; he can work in return for money; he can also do it by carrying alcohol. For, in that case, the task itself that he does is not a sin. For instance, it is not a sin to receive money in return for carrying something. This does not cause a sin to be committed. The sin occurs with the free will of the drinker. For, it is possible to carry it in order to empty it into a stream or to produce vinegar. However, to squeeze grapes in order to produce wine is haram.

According to Abu Hanifa, it is permissible for a Muslim to rent his building out as a church or pub in a region where the majority of the people are dhimmis. For, the contract is made in order to make use of the house. Therefore, fee occurs when the building is given to the tenant. It is not a sin. The sin belongs to the act of the tenant; and he has free will to do it. However, they are not permissible in a region where the majority of the people are Muslims. For, dhimmis are not allowed to build churches and to sell alcohol openly there. Renting out a building as a bank is like renting it as a pub. (Wahba, p. 581-582)

When Ibn Qudama reports this view of Abu Hanifa's, he mentions "the countryside instead of a region where the majority of the people are dhimmis and states that Abu Hanifa's friends disagree about the explanation of why it is permissible in the countryside but not in other places", mentioning also synagogues and gambling houses. (Ibn Qudama, al-Mughni, V/552)

If the reflection of this view of Abu Hanifa's on Hanafi methodology is considered, it is difficult even to make a distinction like "the countryside or a region where the majority of the people are dhimmis". For, its basis in methodology is as follows:

If the reason between the cause and the decree is a deed based on free will, it is a real cause and it is not attributed to the decree, that is, the outcome of the deed; it is attributed to the reason between the cause and the decree. Therefore, for instance, the loss is not compensated by a person who shows a thief the place of the thing he will steal. [see Manafiud-Daqaiq, 270; Mir'at (Marginal notes of Izmiri), IV/406-407]

Here "compensation" is a decree; its reason is theft and its cause is the place being shown. The theft that is not justification for compensation is the deed of a completely free person; therefore, the decree is not attributed to the cause, that is, showing the place of the thing.

According to the other two imams of Hanafi madhhabs and the imams of the other three madhhabs, it is not permissible for a Muslim to rent his building out to a person who wants to use it as a church, synagogue, pub, gambling house, (bank), etc. (Ibn Qudama, al-Mughni, V/552) For, it means to help sins. The Messenger of Allah (pbuh) damned ten people about alcohol and one of them is the one who carries it. (see Abu Dawud, Ashriba 2; Musnad, I/316) Abu Hanifa's view regarding the issue is based on qiyas (analogy) and that of the two imams to istihsan (juristic preference). In most of the issues like this, istihsan is relied on.

As it is seen, according to the majority of the fiqh scholars except Abu Hanifa, it is absolutely not permissible for a Muslim to rent his shop or house out to a person who will use it for haram things.

60 Is it permissible to buy gold on credit?

Banknotes are regarded as semen and money but there is disagreement on whether they are like gold and silver.

According to many scholars belonging to Shafii madhhab, it is permissible to sell banknotes in return for gold or silver based on a cash sale or credit sale. According to Hanafi madhhab, it is controversial.

Some scholars say, "If gold is cash and banknotes are given later, it is not permissible."

According to other scholars, banknotes are not like gold and silver; it is permissible if it is sold on credit. (Ibn Abidin, IV/184)

That is, since there are some scholars who say "it is permissible to sell gold", one can act in accordance with them. According to those who say it is permissible to sell gold on credit, it is also permissible to sell gold by credit card.

(Halil GÜNENÇ, Günümüz Meselelerine Fetvalar, I/360)

61 Is it permissible to design and sell NFTs?

“NFT is actually a cryptocurrency. However, in this definition, the money in question can be any asset that has value outside of the definitions we know. In other words, an NFT is a digital asset that has a value and can be collected. Assets that can be considered NFTs can be any artwork, video, tweet, a website, images, stories that you create on social media, and many more. All those digital assets can be NFTs if they meet the necessary conditions.”

According to the definition above, when the NFT is money, it is permissible to buy and sell it in cash only at its market value. When the NFT is something other than money, it can be sold in cash or on credit at the market price, but either the price of the thing or the thing itself must be paid in advance.

Furthermore, assets that can be considered NFTs must be in accordance with Islamic faith, decrees and ethics; if they are not, it is not permissible to make or sell them; it is a sin, and the earnings will be haram.

62 Will you give information about not sleeping after the morning prayer (fajr) and opening the shop?

It is sunnah to be awake from the time for the morning prayer (fajr) to the end of karahah time, that is, about forty five minutes after the sun rises. To sleep at that time causes decrease in sustenance and lack of abundance; therefore, it is contrary to Sunnah. (Lawaqihul-Anwar, Sharani, p.270)

For, the most appropriate time for starting work and making preparations for work is when it is cool. After this time passes, slackness occurs. It causes lack of abundance since it harms the work and sustenance of that day. Therefore, to open the shop after the morning prayer causes the sustenance to increase and it causes abundance.

It causes the abundance of sustenance to start work early in the morning in many sectors. The most active time period man can be motivated to work is the time period after dawn. This period must not be spent by sleeping. For, to sleep at that time means to start work late, which will cause loss of work, loss of labor, loss of time, loss of profit and loss of performance, deactivating many elements that increase profit. This is the reason for lack of abundance.

63 Is the virtual currency spreading under the name of Bitcoin permissible?

For a currency to be permissible, it needs to possess a feature that ensures trust among users and is generally accepted as a measure of value.

The crucial point here is whether the exchange instrument, known as money, carries significant uncertainties in its essence, production process, and reliability, whether it is used as a means of deception, and whether it leads to unjust and unwarranted enrichment of a certain segment of society.

In recent years, various types of digital cryptocurrencies have emerged; it is necessary to evaluate the decree of the use of each of them according to the general principles mentioned above.

Accordingly, the use of digital cryptocurrencies that inherently carry significant uncertainties, pose risks of deception and fraud, lack any guarantee, and lead to unjust and unwarranted enrichment of certain segments of society, such as practices known as pyramid schemes, is not permissible.

Presidency of Religious Affairs

Note: The Conclusion and Evaluation Report of the Cryptocurrencies Workshop in terms of Halal Finance held on March 7, 2020, is as follows:

1. The measure sought in money in terms of Islamic finance is stability in value and credibility. For this, there should be a guarantor behind the currencies. The guarantor can be the society itself, the state or another institution representing the society, or even the system on which the currency is based. The measure of what is used as money is not the substance of its raw material; what is essential in this regard is the custom of people, i.e., accepting something as money and its circulation. After meeting these criteria, there is no difference between a unit of money being a physical commodity, metal, paper, nominal, electronic, or crypto. Whether something has intrinsic/real value does not affect its status as money. Indeed, neither the Quran nor the Sunnah provides a definition or determination of what constitutes money.

2. It should not be forgotten that the vast majority of currencies in circulation, from paper money onwards, are nominal or digital in nature. As they do not contain real value like coins, they are more susceptible to manipulation, deception, and fluctuations beyond their value. Therefore, while researching the possibilities of maintaining the stability and credibility of money, society and relevant stakeholders should also be warned about the weak points of new currencies such as cryptocurrencies and the potential grievances they may cause.

3. Most of the studies on cryptocurrencies to date have been centered around the most common one, bitcoin, which operates on a completely different basis. However, there are also other cryptocurrencies produced based on blockchain technology, which work on completely different principles. It is important that cryptocurrencies be considered as a whole in these studies.

4. The existing evaluations and fatwas do not mention the blockchain technology underlying these currencies or specify that all cryptocurrencies and the technology they are based on are not permissible due to the mentioned negative aspects. In future studies, focusing on this technology will yield more realistic results.

5. In addition to its ethical and jurisprudential aspects, the subject of cryptocurrencies and the technology they are based on is a shared field of study for different disciplines such as economics, finance, information technology, and engineering. Therefore, evaluations and/or decisions should be made by committees formed through the joint work of experts from relevant disciplines.

6. The use of cryptocurrencies as “money” in their current status does not appear to be permissible in terms of Islamic finance principles due to the current and potential negative aspects but it is not due to the blockchain technology that the currencies in questions are based on. In this context, blockchain technology as well as other financial technologies should be utilized to the maximum extent in the field of Islamic finance.

7. Along with some negative aspects of cryptocurrencies, they also entail drawbacks such as facilitating money laundering, providing finances to illegal activities, high risks associated with uncertainty, anonymity of currency holders, and lack of legal foundation.

8. The production costs of digital currencies are high. The setup of processors and computers necessary for the activity known metaphorically as mining is expensive, and they consume a considerable amount of electricity. Moreover, production becomes increasingly difficult over time, requiring a significant amount of time. This aspect should also be taken into account in evaluations related to cryptocurrencies.

9. Cryptocurrencies are stored in encrypted electronic wallets. Therefore, if the password is forgotten or obtained by others, accessing these funds becomes impossible. Likewise, there is currently no regulation regarding the transfer of these funds to heirs in case the holder passes away. This could be seen as contradictory to the purpose of protecting property in terms of fiqh.

10. Considering the evaluations on the issue, it can be concluded that cryptocurrencies are originally permissible; however, due to the fact that some Islamic legal scholars consider them to lead to potentially harmful consequences mentioned above, they are included in the category of definite or potentially problematic issues subject to legal restriction. When these negative aspects are eliminated or minimized, there will be no obstacle to their permissibility.

11. Finally, in addition to various areas of financial technology, there is a need for more comprehensive scientific meetings on this issue, with a particular focus on aspects such as the technology, nature (goods, value, money) of cryptocurrencies, and the extent of speculative problems arising from their use.

64 Is it permissible to deposit money into a gold account or a gold fund?

It is permissible to buy and sell gold or foreign currency from an institution with the intention of making a profit without engaging in any interest-based transactions and with payments being made in cash.

If such transactions are conducted via internet banking, the following should be noted:

As long as payments are made cash in advance, buying gold online at the daily exchange rate and receiving delivery (meaning the amount is debited from the seller's account and credited to the buyer's account) and being able to withdraw the accumulated amount from the account when desired, there is no objection to buying and selling gold or foreign currency online under these conditions.

Furthermore, for such transactions to be permissible, it is necessary for the bank where the gold account is held to be able to physically deliver these gold reserves upon request from any of its branches.

In this case, there is no religious objection to depositing money into such gold accounts and engaging in daily trading.

Opening a virtual (nominal) gold account where physical delivery of gold is not possible is not permissible, and earning income through trading on such an account is not permissible either.

Moreover, if such a transaction is conducted with an institution that operates on the basis of interest, keeping money, gold, or foreign currency in their accounts, even if it is through trading, would mean supporting these interest-based institutions. Therefore, unless necessary, it is not appropriate to deposit money into interest-bearing accounts or accounts indexed to gold at interest-based banks.

65 Is it regarded as interest to determine a fixed period of time while lending money to a person?

It is not regarded as interest to determine a fixed period of time while lending money to a person.

"O ye who believe! When ye deal with each other, in transactions involving future obligations in a fixed period of time, reduce them to writing Let a scribe write down faithfully as between the parties: let not the scribe refuse to write: as Allah Has taught him, so let him write. Let him who incurs the liability dictate, but let him fear His Lord Allah, and not diminish aught of what he owes. If they party liable is mentally deficient, or weak, or unable Himself to dictate, Let his guardian dictate faithfully, and get two witnesses, out of your own men, and if there are not two men, then a man and two women, such as ye choose, for witnesses, so that if one of them errs, the other can remind her. The witnesses should not refuse when they are called on (For evidence). Disdain not to reduce to writing (your contract) for a future period, whether it be small or big: it is juster in the sight of Allah, More suitable as evidence, and more convenient to prevent doubts among yourselves... " (al-Baqara, 2/282)

Sufyan ath-Thawri reports the following statement of Ibn Abbas about the verse... "O ye who believe! When ye deal with each other, in transactions involving future obligations in a fixed period of time, reduce them to writing…": "This verse was sent down about selling things based on a fixed period of time."

Qatada reports the following from Ibn Abbas: He said, "I witness that Allah rendered salaf (selling things based on a fixed period of time) halal and allowed it." Then, he read the following verse: " O ye who believe! When ye deal with each other, in transactions involving future obligations in a fixed period of time, reduce them to writing..."

According to what is reported from Ibn Abbas through Sufyan Ibn Uyayna, bn Abbas stated the following:

When the Messenger of Allah (pbuh) came to Madinah, the people of Madinah used to pay in advance the prices of fruits to be delivered within two to three years. The Messenger of Allah (pbuh) said,

"Let him who makes salaf transaction do it according to a specified measure, specified weight and a fixed specified period." (Bukhari, Salam, 7)

Ibn Jurayj says,

"Let him who borrows write it and who buys and sells get witnesses."

Qatada says,

"According to what was told to us, Abu Sulayman al-Mar'ashi was a friend of Ka'b's. Once, he asked his friends,

"Do you know the oppressed person whose prayer is not answered when he prays to his Lord?" They asked him,

"How is that?" He said,

"A person sells something based on a specified period of time but does not get witnesses and does not write it; when the time is due, the owner of the goods denies it; he prays to his Lord but his prayer is not accepted because he has disobeyed his Lord."

"Let a scribe write down faithfully as between the parties: let not the scribe refuse to write: as Allah Has taught him, so let him write."

The attitudes and duties of those who will work regarding the issue are determined by the divine decree.

Allah Almighty states the following:

"Let him who incurs the liability dictate, but let him fear His Lord Allah, and not diminish aught of what he owes. If they party liable is mentally deficient, or weak, or unable Himself to dictate, Let his guardian dictate faithfully."

The order of Allah "…and get two witnesses, out of your own men" orders us to get witnesses along with writing to make it stronger: "…and if there are not two men, then a man and two women." This can be about goods and the things that goods are meant (contracts).

66 Is it permissible to sell mussels?

It is haram to make Muslims eat something that is not permissible. From this viewpoint, it is not permissible to sell mussels according to Hanafi madhhab.

However, according to the other three madhhabs, it is permissible to eat all sea / water animals including mussels. (see al-Fiqhul-Islami, III/ 678-688; TDYV. İlmihal, II/41).

It is not haram for a person who sells mussels to sell people mussels thinking that they belong to the madhhabs that regard mussels halal.

67 Is it permissible to work in the other businesses of a businessman who produces alcoholic drinks?

It is permissible to work in other halal businesses of a businessman who produces alcoholic drinks.

What matters is the job that is done. It is necessary to view the issue from this viewpoint. For instance, it is permissible to work in halal departments of a supermarket but it is not permissible to work in the alcoholic drinks department. Accordingly, it is permissible to work in other halal businesses of a businessman who produces alcoholic drinks.

68 Is it permissible to abolish a business contract in order to lengthen the maturity date and to make a new contract?

The person who sells the goods can take the inflation difference from the customer if he wishes. Or, if both parties agree, they can annul the contract.

The agreement can be abolished based on mutual consent (iqala). However, if one of the parties does not accept, the contract cannot be abolished.

When the contract is annulled based on mutual consent, majlis is regarded to have broken; so, a new contract can be made based on a new majlis and negotiation.

According to Hanafis, majlis is broken when the contract is annulled. According to Shafiis, it is necessary for those who made the contract to leave that place.

Hz. Prophet (pbuh) stated the following:

"If a person accepts the demand of a person who regrets his business deal, Allah will eliminate his trouble on the Day of Judgment." (Ibn Majah, Sunan, Translated by. H. Hatipoğlu, VI/181, 182).

"If a person accepts the demand of a Muslim who wants to annul his business deal, Allah will eliminate his trouble." (Abu Dawud, Buyu', 52; Ibn Majah, Tijarat, 26; Ahmad b. Hanbal, Musnad, II/252)

69 Is leasing permissible? Is leasing regarded as trade between the bank and the client?

Leasing is the transaction of buying machinery and equipment by an institution (bank, etc), renting it to the client and getting its price in installments in accordance with the law of financial leasing.

Leasing was discussed by Islamic scholars and decreed that it was permissible. It is widely used in the Islamic world.

The topic of leasing was discussed in the international congress called "Current Issues of Islamic Trade Law" held in Konya, Turkey on September 25-29, 1996 and it was decreed that leasing was permissible.

70 Is it permissible to use dummies in shop windows?

It is permissible to use those dummies if they do not have heads. According to our classical resources, it is not permissible to use dummies that have heads. It is permissible to use dummies of children and babies even if they have heads.

What is necessary to be careful about regarding the issue is that it is not appropriate to display these figures without any clothes and naked and to display them with distinct organs as if displaying the body of women. It is not haram when they are displayed with various clothes on.

In our view, since shop window dummies seem to be necessary in business life, it is not haram to use dummies that do not display obscenity and do not make people think about bad things in their imagination; it can only be makruh.

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