Categories
Dhulm/Oppression

The Concept of Borrowing Money In Islam (احكام قرض)

،الحمد الله حمد الشاآرين، والصلاة والسّلام على المبعوث رحمة للعالمين،

وهادياً للناس أجمعين. صلاةً وسلاماً دائمين إلى يوم الدين،

 وآله وصحبه ومن تبعهم بإحسان، وسلم تسليماً آثيراً،

 أما بعد:

نفسالمؤمنمعلقةبدينهحتىيقضىعنه، رواه مسند احمد جلد3 ص442 المعنىأنروحالمؤمنمحبوسةعندخولالجنةمدةدوامالدينعليهحتىيقضىعنه(الفتح الربانى جلد15 ص91

(The Concept of Borrowing Money In Islam (احكامقرض)

Allah has stated in the Holy Qur’an: ‘O You Who Believe! When you contract a debt for a fixed period, write it down…’ (s2, v282)

It is the order of the Holy Qur’an, when the matters of borrowing money arise, whether it be for small or large amounts, it should be written down in a contract. Also, if possible this transaction should take place in front of two witnesses, so that there is no dispute at a later stage. Some Scholars state it is preferable and some state it compulsory to write down a loan transaction. If for any reason, in the future there is a dispute, this written document can be produced as proof.

In the Shari’ah, it is not a sin to take a loan (non-interest) in the state of necessity. However, to not return the borrowed money is oppression and a sin. The Prophet stated ﷺ: ‘A Muslim is the brother of another Muslim. He should not oppress his brother or hand him over to the enemy. The individual who fulfils the need of his Muslim brother, Allah will fulfil his need. That individual who removes a difficulty from his Muslim brother, Allah will remove his difficulty on the Day of Judgement.’ (Sunan Abu Dawood vol 2, p314)

 The taking of a loan is not something that a respectable individual would do without necessity, to create a burden upon themselves. When it is a necessity, then people should seek to assist their relatives and Muslim brothers, according to one’s capability.

The Virtue of Lending Money: Sayyidina Anas bin Malik RA related that the Prophet ﷺ stated: ‘During the journey of Me’raj, I saw written on the door of Jannah: ‘The one who gives charity is rewarded tenfold. The one who gives a loan is rewarded 18 fold.’ I asked Jibreel : ‘Why does the one who gives a loan get rewarded more?’ Jibreel replied ‘The one who gets charity (they usually posses a small amount already) and the one who seeks a loan only does so when he is in dire necessity.’ (Sunan Ibn Majah, P175)

Hakim Ul Ummah Shaykh Ashraf Ali Thanwi RH stated: ‘In the Ahadith, the virtue of giving a loan is for those who are truly needy. If an individual seeks a loan for wasteful spending and utilising it in sinful acts, then a loan should not be given to them.’ (Kamalate Ashrafiya, p102)

The One Who Seeks a Loan Should Keep His Intention Pure: At the time of taking a loan, the borrower should be truly concerned to repay the loan within the stipulated contracted time. If the borrower cannot repay the loan in a lump sum, he should make it clear beforehand, how he wishes to repay the loan. In this way there will be no difficulty placed upon the lender. The individual who takes his loan with these points in mind, his loan will be repaid within the stipulated time and he will be freed of this burden In sha Allah.

Those who take a loan with a bad intention, Allah will cause him humiliation in this world and the hereafter. Sayyidina Abu Hurairah related that the Prophet ﷺ stated: ‘The person who takes wealth from people with the intention of repaying it, Allah will assist him in the repayment of that loan. The person who takes wealth from people with the intention of squandering it, Allah will cause him destruction.’ (Sahih Bukhari, Musnad Ahmed, vol 3, p285)

Allamah Abdul Aziz Khawli االله رحمه writes: ‘Beware! do not take a loan without necessity. If you ever have to take a loan, then keep the firm intention and make effort to repay it. Do not dare to take a loan from people with 2 the intention of squandering their wealth and usurping it. This will only lead to your destruction and humiliation in this world and the next.’ (Al Adab un Nabawi, p49) It is not correct for the debtor to perform Nafil Sadaqah or free slaves. However, it is more important for him to strive to settle his debt as quickly as possible. (Fathul Bari Sharah Bukhari, vol 10, p128)

There are such severe warnings in the Ahadith with regards to those who misuse the wealth of others. This is for those businessmen who run a business, take a bank loan to fill their pockets with insurmountable wealth and then declare bankruptcy, writing off all the money they have borrowed and stored away. The Concern of the Companions to Repay Loans: The Companions of the Prophet were aware of the warnings issued by the Prophet ﷺ for not being careful in the matter of repayment of loans. Therefore, they were very concerned of repaying loans as soon as possible. If for some reason, they were unable to pay back a loan in their lifetime, they would bequest to their relatives to repay any specific loan immediately after their passing. Sayyidina Abdullah ibn Umar related, The Prophet ﷺ stated: ‘All the wrongs of a martyr are forgiven, except his debts.’ (Sahih Muslim/ Mishkaat p254)

2. When Sayyidina Zubayr , took part in the battle of the camel, he called his son Abdullah bin Zubayr and told him: ‘My greatest concern is for the settlement of my debts. If I am to be made a martyr, sell our land and repay my debts. If you are in need, seek the help of Allah . Sayyidina Abdullah bin Zubayr carried out this order to the fullest of his capability, to the extent that he announced for 4 consecutive years at the time of Hajj: ‘Whosoever has anything owing from my father, come and seek its repayment.’ (Sahih Bukhari, vol 1, p442)

1. In the last moments of the life of Sayyidina Umar , after being stabbed in the Masjid of the Prophet ﷺ, he (Sayyidina Umar ) called his son, Abdullah ibn Umar and said to him: ‘The first thing you must be attentive to is the repayment of my loans. They are to be settled by my family. If they are unable to settle them, seek assistance from Adi bin Ka’b . If he cannot assist, seek help from the Quraysh.’ (Sahih Bukhari, vol 1, p524)

Imam Muhammad االله رحمه stated: ‘We accept the saying of Sayyidina Ibn Umar RA, there is no Harm in doing this, when there is no condition stipulated from the beginning. Therefore in an agreement whereby a surplus amount is agreed by the creditor or by the debtor (in the form of goodwill) from the beginning, the transaction would be deemed Haram (prohibited) and the extra payment termed ‘interest’. (Muwatta Imam Muhammad, p358)

3. When Sayyidina Abdullah bin Amr bin Haram , went out for the battle of Uhud, he called his son Jabir and told him: ‘I am going to be martyred in this battle, whatever debts I have remaining, settle them.’ Sayyidina Jabir carried out this request of his father, he (Jabir ) would state: ‘I am pleased if I do not return to my family with even a date, after having settled my father’s debt in full.’ (Sahih Bukhari, vol 2, p580)

The Creditor Should be Lenient to The Debtor: Allah has stated in the Qur’an: ‘And if the debtor is in a difficult situation, then grant him time until it is easy for him to repay, but it you remit it by way of charity, that is better for you if you did but know.’ (s2, v280)

It is clear from the above verse of the Qur’an that if the debtor is unable to repay a loan easily, to forgive him of repayment is a great form of Charity. Hakim Ul Ummah Shaykh Thanwi RH stated: ‘If your debtor is a poor person, do not worry him. Rather, give him time or forgive a part or the entire debt. Allah will as a result of this, protect you from the severity of the Day of Judgement.’ (Ta’leem Ud Deen, p37)

Sayyidina Hasan binAli forgave the entire loan of an individual that was due to him.(Sahih Bukhari, vol 1, p354)

The Prophet ﷺ encouraged Sayyidina Ka’b bin Malik RA to show leniency to a debtor. Due to this, Ka’b bin Malik reduced the debtors’ loan by half. (Sahih Muslim, vol 2, p17) If the debtor can not repay the settled amount on time then he should not try to distance himself from the creditor. Otherwise, the trust of repayment will diminish, which may be detrimental. Sayyidina Abu Qatada RA related, the Prophet ﷺ stated: ‘That person who desires that Allah relieves him of difficulty and worry on the Day of Judgement, let him grant respite or forgive a debtor.’ (Sahih Muslim, vol 2, p18) Sayyidina BuraidaRA related the Prophet ﷺ stated: ‘The individual who grants respite to a debtor in difficulty, he will have the reward of giving Sadaqah written for him for every day he grants respite.’ (Sunan Ibn Majah, p174/ Musnad Ahmed, vol 3, p281) 3 The debtor committing Major sin by withholding repayment when sufficient funds are available: Allah has stated in the Holy Qur’an: ‘The Curse of Allah is on the Zalimun (Polytheist and wrong-doers)’ (s7, v44) Those people who, after having the means to repay a loan in full, do not do so, they are sinful of a Major sin. The money obtained from this unclean saving will be accursed and as such will be a means of destruction in the debtor’s temporary life in this world as well as the Hereafter. The Prophet ﷺ stated: ‘The individual who has the means to repay a loan but does not do so, this is oppression.’ (Sahih Bukhari, vol 1, p323)

Sayyidina Anas related, the Prophet stated: ‘Jibrail informed me to not pray the funeral prayer of that person who has outstanding debts.’ The Prophet then stated: ‘The debtor remains imprisoned in his grave until his debts are settled.’(Musnad Abi Yu’la, vol 3, p399) The inheritors of the estate should in the first instance after paying for funeral expenses try to fulfil the debt owed by the relative who has passed away. Sayyidina Abu Hurairah related that the Prophet stated: ‘The believer’s soul is withheld until the repayment of his debt’. (Musnad Ahmed, vol 3, p442)

Shaykh Ahmed Abdul Rahman Al banaa االله رحمه has explained in regards to the above ‘This implicates that the soul does not reach Heaven until the appointed debt is repaid.’ (Al Fathul Rabbani, vol 15, p91)

The Prophet ﷺ stated: ‘The creditor has the right of being firm in a speech to get back their wealth.’ (Sahih Bukhari, vol 1, p321) It is not right for the debtor to fight with the one who has done them a favour. What is most appropriate is when the time is right, seek respite from the creditor, explaining his (the debtors) situation.

Repay The Loan in a Beautiful Manner: Sayyidina Abu Rafi RA related, the Prophet ﷺ took a camel from an individual by way of a loan. The Prophet ﷺ gave this individual back a camel better than that which he had taken from him. The Prophet ﷺ stated: ‘The best person is he who repays his loan in a beautiful manner.’ (Sunan Abu Dawood, vol 2, p119)

Care, therefore, needs to be taken as in our time, there are many liars who given the status of Ulema (rather Ulema soo) mislead masses by providing false conjecture and misinterpretation on this order. Even today, if the creditor and debtor in accordance with Qur’an & Sunnah fix their ways and are clean as well as honest in their dealing than surely they will be saved from the curse of interest. O Allah! Save us from Haram and make what is Halal sufficient for us and through your Mercy and Blessings do not make us needy of others. Amin! (Jami Tirmidhi, vol 2, p195) (واالله يوفقنا لما يحب وترضى)

Sayyidina Ibn Umar RA took a loan of a few Dirhams from an individual by way of a loan. When he repaid this loan, he returned a greater amount to him. He (the creditor) stated: ‘You are giving me back more than I gave you.’ Sayyidina Ibn Umar said RA: ‘I am aware of that, but I have given it to you out of happiness. You did not request it from me.’ (Muwatta Imam Muhammad, p355)

In Islam interest is considered absolutely Haram. There is no refutation of this order as a detailed account regarding this matter is set forth in the Holy Qur’an (from Surah Al-Baqarah s2, v275-v280).

  (محمد يوسف ڈنكا (عفا االله عنه)

Mufti Muhammad Yusuf bin Yaqoob Danka

 01/ / 1431 Hijrah- 16. 04. 2010.

Categories
Miscellaneous

Writing In The Sand

Something to ponder over calmly…

بسم الله الرحمن الرحيم

IMG_7149 (1)
By Anonymous
We are living in such a weird time. The poor want to swag and show the entire world they are living large. The rich are desperate to find a single person who is actually interested in them – and not their money. Those in war zones are crying out for peace. Those in safety want to prove who can cause the greatest devastation. The old use botox to hide the wrinkles and would do anything in this world to look slightly younger. The young buy clothes and makeup to look just a bit older and revealing.
Those with light-skin pay thousands to get a bit of a tan. Those with dark skin spend fortunes on products to look a touch lighter. The skinny want to gain a little weight to feel more beautiful. The overweight would do anything to shed fat so they could feel more accepted. The tall are sick of standing out. The short look in the mirror every day wanting to be slightly bigger.
Parents pray for a little free time away from the kids. Those without children yearn for the gift of a newborn. The married are frustrated with their partners. The singles are fed up of being alone. Leaders secretly wish they did not have all these responsibilities. Followers wish they could take the seat of accountability.
The employed are desperate to sit home and chill. The unemployed are going crazy and running around trying to find a job. People on one side of the planet are sick of all the rain. On the other side of the world, people are praying for a single drop. “If only my nose was straighter! If only my bank balance was bigger! If only… If only…”
Everyone dreams of “If only” but In reality – Allah knows what is best for us.
Everyone thinks that the next man is living better than him. Everyone assumes the grass is always greener on the other side. That is not the case. All of us believe that people out there are living perfect lives, but we forgot that nothing in the dunya is what it seems. Perfection is only in the Next World. Allah said, “And few from My servants are truly thankful.”
The Prophet ﷺ did not stand up or sit down without showing gratitude to Allah. He said if you wake in the morning with food on your plate, with security in your home and with good health then you have been given the treasures of the world. How often we forget that! Our Lord said,
If you are thankful – I shall surely increase you.”
Categories
Current Affairs articles

In Pursuit of Happiness…

بسم الله الرحمن الرحيم

Allah says: “Know that the life of this world is but amusement and diversion and adornment and boasting to one another and competition in increase of wealth and children – like the example of a rain whose [resulting] plant growth pleases the tillers; then it dries and you see it turned yellow; then it becomes [scattered] debris. And in the Hereafter is severe punishment and forgiveness from Allāh and approval. And what is the worldly life except for the enjoyment of delusion.” ( Qur’an 57:20)

moneyHappiness or Money?

“Too many people spend money they haven’t earned, to buy things they don’t want, to impress people that they don’t like.”

I believe that money can’t buy you happiness. Sure, having a lot of money is a great thing and gets rid of the stress of financial insecurity. But real happiness can’t be bought by money. Thinking about life has led me to think about this popular belief and realise it’s completely true. Although being financially secure is one of the best things in the world, it won’t necessarily bring you happiness. Many people dream of being rich. They think of all the things they can buy with money such as big houses, fancy cars, and long vacations. People make it their goal to get into a good college to get a good job and make a lot of money. With financial security, people think they have more time to spend relaxing and being happy. There are so many success stories of people going from “rags to riches” and people try to follow their footsteps and do the same thing. Basically, we all get this idea that being rich is a great thing and it will guarantee happiness, but is it true? On the flip side, there are also people who have gone from millionaires (karor pati) to living off benefits (road pati).

 

As Muslims we are taught to rely on Allah SWT for our sustenance, Allah provides. Obviously, tie your camel then trust in Allah. I would like to narrate a passage from a lecture of an Imam from Madinah –  Shaykh Muhammad al-Mukhtar ash-Sinqitee (Allah preserve him): “The happiest of people is the one who addresses his complaints to Allah and not to his creation. The happiest of people is the one who puts his certainty in Allah and does not put his certainty in Zayd or Amr (i.e. people). If a person was in debt and your friend said I will talk to such and such a person he is wealthy. And your debt will be relieved very easily by that person. How certain will you be about your debt being settled and your hardship being removed?

But how about the King of Kings the One who has depositories of the Heavens and the Earth in His hand? How about the Most Generous, which the fullness of His Hand is not affected by the continuous spending, night and day. O Allah! Make our poorness to You, and our richness in You. Be rich in Allah, have trust in Allah. People turning away from you is indeed a blessing from Allah, He wants you to turn to Him.”

Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (ﷺ) as saying:

“Many a people with dishevelled hair are driven away from the door (but they are so pious) that if they are to swear in the name of Allah, He would definitely fulfil that.” (Saheeh Muslim)

The happiest of people are the one who says, “Ya Rabb!” – and Allah answers his supplications. By Allah! Happiness is not in wealth; if it was in wealth, the happiest of the people would have been Qaroon, but he was amongst the most unfortunate and miserable of people, “And we caused the earth to swallow him and his home.” (28:81)

Wealth is not happiness and happiness is not when you ask people and they give you. True happiness is when Allah will open the doors of heaven for you, Allah make us from them. Ameen!

It was narrated from Abū Hurayrah (raḍiy Allāhu ʿanhu) that the Messenger of Allāh (sall Allāhu ʿalayhi wa sallam) used to tie a stone to his stomach because of hunger. (Ibnul Arabi in Mu’jam)

Money only makes a person want more money – it creates greed and thrives off the desire for more and more. I heard someone recently say regarding another person who has a fulfilling business that ‘he’s lazy and not enthusiastic’ simply because he has shown a level of contentment within his business and refuses to advance it further.

Why? Because, unlike many many others, by Allah, he has resisted that monetary lust and has sukoon/peace in the amount he has. And why was he called lazy? Because unfortunately, today, many people think that the successful and admirable one is he who is able to keep the revenue rolling constantly until there is more money than one will EVER need.

Abū Saʿīd Khudri (Allah be pleased with him) reported that Allāh’s Messenger (sall Allāhu ʿalayhi wa sallam) said,

“The world is sweet and green (alluring) and verily Allāh is going to install you as vicegerent in it in order to see how you act. So avoid the allurement of women: verily, the first trial for the people of Isrā’īl was caused by women. (And in the ḥadīth transmitted on the authority of Ibn Bashshar the words are:) so that He should see how you act.” (Saheeh Muslim)

 

The feeling of constantly wanting to generate money has terrible, subconscious effects on oneself. The person is in a constant trance-like mode whereby he is forever thinking about the next project that will bring him a profit and in this there is no barakah/blessings in his day for any extra Qur’an, adhkar and Islamic progression. Many so-called religious folks try justifying their love for wealth and materialism by stating companions such as Uthman Ghani (Allah be pleased with him) and AbdulRehman ibn Awf (Allah be pleased with him) who were wealthy… Dear brothers and sisters, with the wealth of Uthman (Allah be pleased with him) must come the Taqwa of Uthman as well! Scholars have also got sucked into materialism and consumerism, please see this article on scholars charging for Da’wah.

The Prophet (sall Allāhu ʿalayhi wa sallam) was seen by ʿUmar (raḍiy Allāhu ʿanhu) with dust on his clothes from having slept on the floor. ʿUmar (raḍiy Allāhu ʿanhu) wished to provide the Prophet (sall Allāhu ʿalayhi wa sallam) with a more comfortable bed and the reply was,

“What have I to gain in this world? The like of this world is as that of a traveller who is travelling in the sun and he sits under a tree momentarily and then gets up and continues on.” (Tirmidhi)

For example, In “The High Price Of Materialism” Tim Kasser says, No matter how many fancy designer clothes, cars, or jewels they might obtain, no matter how big their house or how up-to-date their electronic equipment, the lost opportunity to engage in pleasurable activities and enjoy each others’ companionship will work against need satisfaction, and thus against their happiness.

Happiness is the most valuable aim of a human being. While the earth is getting complicated and changing day by day, almost all people are trying to have a happy and fulfilling life. During this pursuit of happiness, our relationships play a crucial role. In the pace of life, when we have encountered some stressful or disappointing situation or cases, in order to take a breath we always consult our families and fly into our family’s arms. If we have our own families and their real support, it is the most reliable way to reach happiness and relief. But sometimes people can be in a dilemma between possessions and relationships. This is the point of collapsing real happiness because when the passion of money comes to a person, he starts to abandon his family. He thinks as if money will bring them happiness and a good life. But it won’t. As Tim Kasser says in the article of Mixed Messages “a focus on materialistic values detracts from well-being and happiness. For example, when spouses spend most of their time working to make money, they neglect opportunities to be with each other and do what most interests them.” And again in Downshifting in Britain

As you can see in these sentences as long as people don’t allocate enough time for their families, there is no way to make them happy.love life

“Difficulties in managing work-life balance can have a detrimental impact on the quality of the relationships between parents and children and the parent’s responsiveness to the child, with implications for child outcomes. This is particularly important for every young child, with evidence suggesting that it is best for children if they can receive intensive parental contact for the first months (HM Treasury & DTI 2003, p 13-14).”

The word ‘happy’ is defined by the Oxford dictionary as: “Feeling or showing pleasure or contentment,” however happiness means different things to each individual person. Most people’s definition of happiness would include words along the lines of ‘love’ and ‘health’, and others may include ‘family’ ‘friends’ ‘belief’ ‘achievement’ these are all things that money does not give you. The truly happy people I’ve known have been those who were engaged in meaningful work, paid or unpaid. These people were so busy living their lives in pursuit of something larger than themselves that they had no time to wonder, “Am I happy?” They just were.

The other most important step to reach happiness is our satisfaction. Because actually, the money doesn’t make us happy, it can help us just by providing some satisfaction. When we lost our satisfaction, it means we lost our happiness and this is exactly what our possessions do. Lots of people in consumer countries and societies think that they always need more money than they have now, even if they are wealthy and rich people. In the book of Clive Hamilton, this situation is stated with this sentence: “The trouble with the rat race is, even if you win, you are still a rat.” Because of the society that they belong to, they are convinced that more money means always more happiness. So without exception, all people are trying to have more possessions to be satisfied by being able to buy what they need.

In conclusion, I believe that money provides temporary satisfaction but that is up to you to figure out how to truly be happy. You need to start with basics like enough money for food and shelter, but if you try to build on your fortune then you must keep your priorities right; friends and family first. If you lose your money, then who will be there for you to catch you when you fall from that high horse that you have been riding for so long? Your friends and family. My definition of happiness would be living a healthy life surrounded by my family and friends, yes I would need money for food and shelter but after that, how much do I really need?

Anas bin Mālik (Allah be pleased with him) narrated that the Messenger of Allāh (sall Allāhu ʿalayhi wa sallam) said:

“Whoever makes the Hereafter his goal, Allāh makes his heart rich, and organises his affairs, and the world comes to him whether it wants to or not. And whoever makes the world his goal, Allāh puts his poverty right before his eyes and disorganises his affairs, and the world does not come to him, except what has been decreed for him.” (Tirmidhi)life.jpg

Ismail Ibn Nazir Satia (One who is in dire need of Allah’s forgiveness, mercy and pleasure)

24 Rabiul Thani 1440