All posts by Abdul Azeem Khan

Combining a Partnership and Employment Contract

 

Question:

Assalamualaykum
Mufti Saab

Masla about tijarat:

Scenario 1. Assume  zaid used his own money to buy the entire inventory for a business and to rent a storefront, while Khalid did all the work in running the business. Is it allowed for khalid to receive a salary according to a fixed hourly basis (e.g. $20/hour) PLUS a predetermined percentage (e.g. 3%) of the profits ?

Scenario 2. Assume  zaid used his own money to buy the entire inventory for a business and to rent a storefront, while Khalid did all the work in running the business. Is it allowed for Zaid to receive a fixed payment every month (e.g. $3,000) from Khalid, and Khalid keeps rest; regardless of the amount of profit or loss that occured in the business?

Ajeebu wa tujaru

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

  1. In principle, when capital is invested into a business by one party, and the other party manages and works for the business, such a set-up may be classified as one of the following two agreements:

 

  1. Partnership Agreement

 

  1. Employment Agreement

 

If it is a partnership agreement (Mudharabah), then the working partner is eligible to only receive a pre-determined percentage of the profits as a partner. He may not receive a fixed salary as an employee. However, the pre-determined percentage of the profits may be increased in consideration of the management and work.

 

If it is an Employment agreement, then the worker is eligible to receive a salary only. He may not receive a pre-determined percentage of the profits since he is not a partner.

 

It is not permissible to combine the Mudharabah agreement and Employment agreement in one contract.[1]

 

  1. The scenario mentioned in the query is a Mudharabah Contract. In a Mudharabah agreement, it is not permissible to give any partner a fixed payment. Each one is only entitled to a pre-determined percentage of the actual profit.[2] Hence, it is not permissible for Zaid to receive a fixed payment every month.

 

And Allah Ta’āla Knows Best

(Mufti) Abdul Azeem bin Abdur Rahman

 

Disclaimer:

 

The Shar’a ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

 

Darul Iftaa Texas bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.

 

This answer may not be used as evidence in any Court of Law without prior written consent of Darul Iftaa Texas.

 

[1]  فتاوي عثماني، ج 3، ص 35-36، مكتبه معارف القران كراتشي

[2]  an Introduction to Islamic Finance, page 33 (Mufti Taqi Usmani Saheb Damat Barakatuhum)

Plastic Surgery for removing defect

 

Question:

I have a question on whether or not it is permissible to remove the excess fat that is under my eyes which gives me bags under my eyes. Since I was in my twenties I developed a condition in which there is excess fat buildup behind the skin that is under my eyes. It is hereditary. It gives me a look that makes me look tired all the time. It has effected my self-esteem greatly and I am very sensitive about it. It has been the source of much saddness for me and I always feel ugly when I look at myself in the mirror. It’s all I see when I look at any reflection of myself.

 

As I age, the condition is becoming worse. The bags under my eyes are becoming more and more puffy and have now started turning a little red. I am looking into plastic surgery in which the surgeon has explained to me that he will remove a very small amount of excess fat that is behind the skin under my eyes. Nothing else will be done. My humble question to you is: is this ok to do in Islam? Will I be violating any laws of Sharia? I will not dare to do anything that is in violation of the laws of Islam. I would appreciate it greatly if you can give me advice as to whether or not I can have this procedure done without violating any laws.

 

Jazak Allah Khayran for your time and consideration.

 

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

It is permissible for you to undergo the surgery in reference for the reason mentioned in the query as it is merely to remove a defect and not for beautification purposes.[1]

And Allah Ta’āla Knows Best

(Mufti) Abdul Azeem bin Abdur Rahman

Checked and Approved by,

My Esteemed Ustadh Mufti Husain Kadodia Saheb Hafidhahullah

 

Disclaimer:

 

The Shar’a ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

 

Darul Iftaa Texas bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.

 

This answer may not be used as evidence in any Court of Law without prior written consent of Darul Iftaa Texas.

 

[1]  إذَا أَرَادَ الرَّجُلُ أَنْ يَقْطَعَ إصْبَعًا زَائِدَةً أَوْ شَيْئًا آخَرَ قَالَ نُصَيْرٌ – رَحِمَهُ اللَّهُ تَعَالَى – إنْ كَانَ الْغَالِبُ عَلَى مَنْ قَطَعَ مِثْلَ ذَلِكَ الْهَلَاكَ فَإِنَّهُ لَا يَفْعَلُ وَإِنْ كَانَ الْغَالِبُ هُوَ النَّجَاةُ فَهُوَ فِي سَعَةٍ مِنْ ذَلِكَ (الفتاوي الهندية، ج 5، ص 360، المكتبة الرشيدية)

احسن الفتاوي، ج 8، ص 183، سعيد

Brown discharge (Ma’dhur)

 

Question:
Asalam Alikum W Rahmatul Allah W Barakatuhu
I am a man 60 years old. I have a colon disease or it could be hemorrhoids , I ALWAYS ALWAYS see brown color discharge in my underwear

After using the restroom I make sure to do proper ISNTINJA but no matter what I do I still get brown color discharge due the disease which I have ( it may be hemorrhoids or colon cancer) .

Is my salat void due to this discharge ?

I do not to have a doctor inspect my private but I want to make sure to do EVERTHING I can to complete TAHARA before sate.

Jazak Allah khair

 

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Due to the brown discharge, if you are unable to keep your Wudhū for one complete Salāh time, such that you are unable to perform Wudhu and perform Salāh without invalidating Wudhu, then you are classified as a Ma’dhūr (one who is excused).[1] You will then remain a Ma’dhūr as long as the excuse occurs at least once during every Salāh time thereafter.[2] As soon as a complete Salāh time passes without the excuse occurring even one time, then you will no longer be considered a Ma’dhūr.[3]

 

A Ma’dhūr is required to renew Wudhu only upon the termination of a Salāh time.[4] For example, if one is Madhūr due to continuous bleeding and he performs Wudhu for Dhuhr Salāh, he will be in a state of Wudhu until the time of Dhuhr terminates, even if he bleeds in the time of Dhuhr.

 

However, if a reason other than the one that classified him as Ma’dhūr transpires, then Wudhu will be invalidated. For example, if the Ma’dhūr in the above example passes wind before Dhuhr Salāh time elapses, his Wudhū will be invalidated.[5]

 

An easy method to ascertain whether you are classified as Ma’dhūr is to examine yourself in the time between Asr and Maghrib Salāh, since it is generally the shortest duration of a Salāh time. If in that time span, you are unable to perform Wudhu and perform Asr Salāh due to the brown discharge, you are classified as Ma’dhūr and the abovementioned concessions will apply.

 

With regards to the brown discharge on your clothing, if you wash the brown discharge, it will appear on your clothing again before you are able to complete your Salah, then it is not necessary to wash off the discharge. In this case, the Salah will be valid with the discharge.[6]

 

And Allah Ta’āla Knows Best

(Mufti) Abdul Azeem bin Abdur Rahman

 

Checked and Approved by,

My Esteemed Ustadh Mufti Husain Kadodia Saheb Hafidhahullah

 

Disclaimer:

 

The Shar’a ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

 

Darul Iftaa Texas bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.

 

This answer may not be used as evidence in any Court of Law without prior written consent of Darul Iftaa Texas.

 

 

[1]  ولا يصير معذورا حتى يستوعبه العذر وقتا كاملا ليس فيه انقطاع بقدر الوضوء والصلاة. وهذا شرط ثبوته. (نور الإيضاح،  باب الحيض والنفاس والاستحاضة)

فتاوى محمودية، ج 7، ص 547-548، فاروقية

 

[2]  وشرط دوامه وجوده في كل وقت بعد ذلك ولو مرة. (نور الإيضاح،  باب الحيض والنفاس والاستحاضة)

فتاوى محمودية، ج 7، ص 547-548، فاروقية

 

[3]  وشرط انقطاعه وخروج صاحبه عن كونه معذورا خلو وقت كامل عنه. (نور الإيضاح،  باب الحيض والنفاس والاستحاضة)

فتاوى محمودية، ج 7، ص 547-548، فاروقية

 

[4]  ويبطل وضوء المعذورين بخروج الوقت فقط (نور الإيضاح،  باب الحيض والنفاس والاستحاضة)

فتاوى محمودية، ج 7، ص 547-548، فاروقية

 

[5]   “ويبطل وضوء المعذورين” إذا لم يطرأ ناقض غير العذر “بخروج الوقت” (مراقى الفلاح، باب الحيض والنفاس والاستحاضة)

فتاوى محمودية، ج 7، ص 547-548، فاروقية

 

[6]  (وَإِنْ سَالَ عَلَى ثَوْبِهِ) فَوْقَ الدِّرْهَمِ (جَازَ لَهُ أَنْ لَا يَغْسِلَهُ إنْ كَانَ لَوْ غَسَلَهُ تَنَجَّسَ قَبْلَ الْفَرَاغِ مِنْهَا) أَيْ: الصَّلَاةِ (وَإِلَّا) يَتَنَجَّسْ قَبْلَ فَرَاغِهِ (فَلَا) يَجُوزُ تَرْكُ غَسْلِهِ، هُوَ الْمُخْتَارُ لِلْفَتْوَى، (الدر المختار، ج 1، ص 306، سعيد)

Reward points and rebates

 

Question:

I have a question about rebate which you receive when you buy thing from certain store n during Thanksgiving Sale, is it halal or haram.
Also, some store ofer 15 to 20% discount when you purchase with their credit card. Is that discount halal?
Also, the reward points and miles which you get for using credit card. Are those halal?
Do you know about Islamic financing through Guidance Residential?

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

The rebate, discount, reward points and miles mentioned in the query are permissible to accept.

They are in the ruling of a gift offered by the store or company.

I have not personally researched the products of Guidance Residential. However, Hadhrat Mufti Taqi Usmani Saheb, who is a well-known and reliable Mufti, is on Guidance’s Supervisory Board. See the following:

http://www.guidancefinancial.com/principled-finance/assurance-process/shariah-supervisory-board/

Note: The use of a credit card is only permissible when there is no interest involved.

And Allah Ta’āla Knows Best

(Mufti) Abdul Azeem bin Abdur Rahman

 

Disclaimer:

 

The Shar’a ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

 

Darul Iftaa Texas bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.

 

This answer may not be used as evidence in any Court of Law without prior written consent of Darul Iftaa Texas.

Abortion

Question:
Assalaam Alaikum,

I have a question for a friend of mine who is 44 years old, and who just found out that she is 4 weeks pregnant. She suffers with diabetes, high blood pressure and sleep apnea as well. Her Muslim doctor is strongly suggesting that she abort the pregnancy as soon as possible because it is high risk for the baby. She wants to know if it is allowed for her to abort it under the circumstances. Please reply soon.

Jazakallahu Khairan,
 

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

In principle, if it is established through medical examination that if the pregnancy is maintained, the baby will be born with severe disabilities, it is permissible to abort the fetus before the passing of 120 days.  This is not permissible after the passing of 120 days.[1]

Hence, if the doctor’s advice to your friend is based on medical examination, it is permissible to abort the fetus. However, if the advice is based on a mere possibility, abortion is not permissible.

And Allah Ta’āla Knows Best

(Mufti) Abdul Azeem bin Abdur Rahman

 

Checked and Approved by,

My Esteemed Ustadh Mufti Husain Kadodia Saheb Hafidhahullah

 

Disclaimer:

 

The Shar’a ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

 

Darul Iftaa Texas bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.

 

This answer may not be used as evidence in any Court of Law without prior written consent of Darul Iftaa Texas.

 

[1]  فتاوي دار العلوم زكريا، ج 6، ص 760-764، زمزم

Saying Ameen during Khutbah and repeating words of Khutbah Adhan

Question:

I wanted to know if it is permissible to say ameen when the juma khutbah is ending.
Secondly is it permissible to repeat the words of Azan of the khutbah.

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

  1. In principle, during the Khutbah when the Khateeb makes Dua, one may say Ameen in his heart without the movement of the tongue. It is not permissible for one to say Ameen during the Khutbah with the movement of the tongue.[1]

 

  1. The words of the Adhaan of Khutbah should be repeated in one’s heart without the movement of the tongue. The words should not be repeated with the movement of the tongue.[2]

 

And Allah Ta’āla Knows Best

(Mufti) Abdul Azeem bin Abdur Rahman

 

Disclaimer:

 

The Shar’a ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

 

Darul Iftaa Texas bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.

 

This answer may not be used as evidence in any Court of Law without prior written consent of Darul Iftaa Texas.

 

 

[1]   وَقَالَ الْبَقَّالِيُّ فِي مُخْتَصَرِهِ وَإِذَا شَرَعَ فِي الدُّعَاءِ لَا يَجُوزُ لِلْقَوْمِ رَفْعُ الْيَدَيْنِ وَلَا تَأْمِينٌ بِاللِّسَانِ جَهْرًا فَإِنْ فَعَلُوا ذَلِكَ أَثِمُوا وَقِيلَ أَسَاءُوا وَلَا إثْمَ عَلَيْهِمْ وَالصَّحِيحُ هُوَ الْأَوَّلُ وَعَلَيْهِ الْفَتْوَى وَكَذَلِكَ إذَا ذُكِرَ النَّبِيُّ – صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ – لَا يَجُوزُ أَنْ يُصَلُّوا عَلَيْهِ بِالْجَهْرِ بَلْ بِالْقَلْبِ وَعَلَيْهِ الْفَتْوَى رَمْلِيٌّ (رد المحتار، ج 2، ص 158، سعيد)

فتاوى دار العلوم زكريا، ج 2، ص553-554، زمزم

 

[2]   وَيَنْبَغِي أَنْ لَا يُجِيبَ بِلِسَانِهِ اتِّفَاقًا فِي الْأَذَانِ بَيْنَ يَدَيْ الْخَطِيبِ (الدر المختار، ج 1، ص 399، سعيد)

فتاوى محمودية، ج 8، ص 332، فاروقية

إمداد المفتيين، ص 331، دار الإشاعت

مسائل نماز جمعة (مولانا محمد رفعت قاسمى)، 162، مكتبة العلم

Is gel with alcohol allowed

 

Question:

Assalamu Alaykum Mufti Abdul Azeem,

I wanted to ask you a question about whether gels and deodorant products with alcohol is allowed. I was telling some people that they should avoid these products because of the doubt in it, but they say it is a different alcohol which is allowed. I also had a question about these following products.

AXE Clean Cut Look Classic Pomade
Ingredients: Water, Steareth-20, Peg-40 Hydrogenated Castor Oil, Ppg-5 Ceteth 20, Oleth-10 Phosphate, Dimethicone, Fragrance, Potassium Hydroxide, Dmdm Hydantoin, Disodium Edta, Iodopropynyl Butylcarbamate, Mica, Titanium Oxide, Iron Oxides.

Old Spice Fresh Collection Fiji Scent Men’s Body Spray
Aluminum Zirconium Trichlorohydrex Gly 18% W/W, Cyclopentasiloxane, Stearyl Alcohol, C12-15 Alkyl Benzoate, PPG-14 Butyl Ether, Hydrogenated Castor Oil, Petrolatum, Talc, Phenyl Trimethicone, Fragrance/Parfum, Cyclodextrin, Mineral Oil/Huile Minerale, Behenyl Alcohol

Dove Men+Care Control Gel
Water/Aqua/Eau, PVP, Propylene Glycol, VP/VA Copolymer, Glycerin, VP/Dimethylaminoethylmethacrylate Copolymer, Isoceteth-20, Carbomer, Polyquaternium-4, PEG-12 Dimethicone, Triethanolamine, Fragrance/Parfum, Diazolidinyl Urea, Tetrasodium EDTA, Methylparaben, Propylparaben, Caffeine

Jazakallahu Khairan,

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

In principle, if the alcohol used in gels, deodorant, and perfumes is derived from dates or grapes, the use of such products is impermissible. However, if the alcohol is not derived from dates and grapes, the application of such products is permissible.

Generally, nowadays the alcohol used in perfumes and deodorants is not derived from dates and grapes causing its usage to be permissible.[1]

And Allah Ta’āla Knows Best

(Mufti) Abdul Azeem bin Abdur Rahman

 

Disclaimer:

 

The Shar’a ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

 

Darul Iftaa Texas bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.

 

This answer may not be used as evidence in any Court of Law without prior written consent of Darul Iftaa Texas.

 

 

[1]  احسن الفتاوى، ج 8، ص 484، سعيد

تكملة فتح الملهم، ج 3، ص 506، دار إحياء التراث العربي

Wearing prosthesis and socks during Ihram due to necessity

 

Question:

Assalamualaikum wa rahmatullahi wa barakaatahu
My son is 13 1/2 years old. He had A rotational plasty surgery done in October 2014 because of bone cancer in his left femur.
Alhamdulillah he is doing good now. He wears a prosthesis during the day time to walk by himself . And beneath the prosthesis he has a wear long socks to absorb the sweat .
1.In Shaa Allah we are going for umrah in Ramadan and my question is can he wear his prosthesis when performing umrah or just tawaf?since his socks r stiched … He cannot walk without his prosthesis… He will have to use crutches or a wheel chair.

2. Can he do wudu once in the morning by washing his leg and the do masa over his prosthesis during the day?( he just removes his prosthesis when he sleeps)

جزاكم الله خيرا

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Sister in Islam,

We make Dua that Allah Ta’ala grant your son a quick and complete recovery. Ameen.

Hereunder are the answers to your queries:

  1. It is permissible for your son to wear his prosthesis and socks during Ihraam due to his excuse.[1]

 

However, there will be expiation (Kaffarah) that is due. The details are as follows:[2]

 

If the prosthesis and socks are worn in the state of Ihraam for less than 12 hours, then one of the following two are binding:

a. Sadaqah equal to the amount of Sadaqah Fitr is due. Currently, the amount is $6.

b. Your son must fast for one day.

 

If the prosthesis and socks are worn in the state of Ihraam for 12 hours or more, then one of the    following three are binding:

a. Damm i.e. sacrifice of an animal in the precincts of the Haram

b. Sadaqah must be given to 6 needy individuals. Each individual must be given the amount of Sadaqah Fitr

c. Your son must fast for 3 days

With regards to the performance of only a Tawaf, it is permissible for your son to wear his prosthesis and socks, and there is no expiation due since he will not be in a state of Ihraam during Tawaf.

Note: The above-mentioned expiations are only due if your son has reached the age of puberty. Otherwise, if your son has not reached puberty, there is no expiation due.[3]

 

  1. If washing the foot for Wudhu is not harmful, then your son must remove the prosthesis for Wudhu each time. Wiping over the prosthesis is not sufficient.[4]

 

And Allah Ta’āla Knows Best

(Mufti) Abdul Azeem bin Abdur Rahman

Checked and Approved by my Esteemed Ustadh,

Mufti Husain Kadodia Saheb Damat Barakatuhum

 

Disclaimer:

 

The Shar’a ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

 

Darul Iftaa Texas bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.

 

This answer may not be used as evidence in any Court of Law without prior written consent of Darul Iftaa Texas.

 

 

[1]  إرشاد الساري إلى مناسك الملا علي القاري، ص 422، مؤسسة الريّان

 

[2]  إرشاد الساري إلى مناسك الملا علي القاري، ص 470-473، مؤسسة الريّان

معلم الحجاج، ص 211، مكتبة العلم

 

[3]  معلم الحجاج، ص 212، مكتبة العلم

 

[4]  إذا افتصد أو جرح أو كسر عضوه فشده بخرقة أو جبيرة وكان لا يستطيع غسل العضو ولا يستطيع مسحه وجب المسح على أكثر ما شد به العضو (نور الإيضاح، فصل في الجبيرة ونحوها)

 

Zakah and credit card debt

Question:
When I pay my yearly 2.5%, what if I have $10,000 in assets or cash?
But I owe $8,000 on credit card debt
Do I pay taxes on $10,000 or only on $2000?

 

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

In principle, Zakah is due on all Zakatable wealth after deducting one’s liabilities. Zakatable wealth includes cash, gold, silver, and business stock.

You state that you have an $8,000 credit card debt. You may only deduct the principle amount and not the charged interest amount.

For example, if the principle amount due is $7,500 and the interest amount is $500, then only $7,500 would be deducted from the Zakatable wealth and not the entire $8,000. Hence, if one has Zakatable wealth equal to $10,000, Zakah is due on $2,500.

And Allah Ta’āla Knows Best

(Mufti) Abdul Azeem bin Abdur Rahman

 

Disclaimer:

 

The Shar’a ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

 

Darul Iftaa Texas bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.

 

This answer may not be used as evidence in any Court of Law without prior written consent of Darul Iftaa Texas.

 

 

Zakah calculation

 

Question:

Assalam Alaikum,

I would like to know the best way to calculate zakat. There are many website that offers calculations based on income and assets you have. Please advise as I owned rental properties as well as other business I also have mortgage and other liabilities such as credit card bills ( for which I pay no interest ).
Jazakallah Khair

 

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

In principle, after deducting one’s liabilities (see definition below), if one has Zakatable wealth equal to or more than the amount of Nisaab, then 2.5% of this amount must be paid in Zakah.

There is no Zakah on rental properties. Zakah is due on the market price of the business stock.

See the terminologies below:

Terminologies:

 

Zakatable Assets: Gold, Silver, Cash, and business stock

 

Liabilities: Any outstanding (not future) debts that have not yet been paid for and are due within the next 12 months.

 

Nisaab: 612.36 grams of silver ($343 as of June 13, 2016)

 

And Allah Ta’āla Knows Best

(Mufti) Abdul Azeem bin Abdur Rahman

 

Disclaimer:

 

The Shar’a ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

 

Darul Iftaa Texas bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.

 

This answer may not be used as evidence in any Court of Law without prior written consent of Darul Iftaa Texas.