Salaam Peeps


Hey all..!


Just wondering what level of education and future careers you all intereted in!!!


I'm currently a full-time Masters student studying MSc E-Commerce and Logistic at a Birmingham Univesity (UK), also a part-time admin Assistant!!!


Also in the process of starting my own online Islamic arts and crafts business cant wait starts in 2007!


What about you guys...!?


Ma'asalaama Farooq

Source: From a trusted alim...


<b>The Marriage Process in Islam </b>


<b>Before Marrying</b>


Selecting a Spouse


The first thing we should look for when marrying is how committed the person is to Islam. Prophet Muhammad (sallallahu alayhi was sallam) said, "A woman is normally sought as a wife for her wealth, beauty, nobility, or religiousness (adherence to Islam), so choose a religious woman and you will prosper." (Muslim) "A woman is married for four things, i.e., her wealth, her family status, her beauty and her religion. So you should marry the religious woman (otherwise) you will be a loser."(Bukhari) "The whole world is a provision, and the best object of benefit of the world is the pious woman. (Muslim)


The same holds true when looking for a husband, as Muhammad (sallallahu alayhi was sallam) said, "When someone with whose religion and character you are satisfied, asks to marry your daughter, comply with his request. If you do not do so, there will be corruption and great evil on earth." (Tirmidhi)


Of course, both parties have to agree to marry one another and they can not be forced to marry one another. Muhammad (sallallahu alayhi was sallam) said, "A woman whom has been previously married has more right concerning herself than her guardian, and a virgin’s consent must be asked about herself…" (Bukhari and Muslim)


Rules of Al-Khutbah (Request to marry a woman and the acceptance of the proposal)


The man has permission to see her face before agreeing to marry as Muhammad (sallallahu alayhi was sallam) said, "Go and look at her (the woman you are considering marrying) because this will help your time together to be strengthened." (Ahmad)


After a man and woman have agreed to marry, they have to remember that the man is still not her mahram (men including her father, brothers, sons, maternal and paternal uncles, and nephews). This means they can not still deal with one another as partners in anyway (such as shaking hands, gazing at one another, being alone together, going out together, etc.), or go out with one another as we see people in the west doing. Prophet Muhammad (sallallahu alayhi was sallam) said, "Whoever believes in Allah and the Last Day, let him not have a private audience with a woman without her mahram." (Ahmad)


<b>The Wedding Ceremony (Nikkah)</b>


Components


1 – Consent: ‘Aishah ® asked Prophet Muhammad (sallallahu alayhi was sallam) if womem must be asked for their permission of marriage. Prophet Muhammad (sallallahu alayhi was sallam) replied, "Yes". She said, ‘The virgin is asked for her permission but she gets shy. Prophet Muhammad (sallallahu alayhi was sallam) said, "Her silence is her permission." (Bukhari and Muslim)


2 – The Wallee (Woman’s Guardian): Prophet Muhammad (sallallahu alayhi was sallam) said, "There is no nikkah except with a wallee." (Ahmad, Abu Dawood, Tirmidhi)


3 – Two Witnesses: Prophet Muhammad (sallallahu alayhi was sallam) said, "There is no marriage except with a wallee and trustworthy witnesses." (Sahih - Bayhaqee) Also, "There is no marriage except with a wallee and two witnesses." (Sahih Al-Jaami’)


4 – The Mahr (Dowry): Allah says (what means): "And give to the women their dowry with a good heart, but if they out of their own good pleasure remit any part of it to you, take it and enjoy it without fear of any harm." (Al-Nisa 4:4) The mahr can be of any amount, Prophet Muhammad (sallallahu alayhi was sallam) said, "Look for one even if it was an iron ring." (Bukhari and Muslim)


The woman is not obliged to give the man anything at the time of the wedding, as is done in some cultures.


Acts to be avoided


We should be careful to not act as the disbelievers do regarding their mixing of men and women, wearing tuxedos and white wedding gowns, exchanging rings, kissing in public, etc. Prophet Muhammad (sallallahu alayhi was sallam) said, "Whoever resembles a people is one of them." (Abu Dawood)


<b>After the Wedding</b>


Supporting One’s Wife


The man is responsible for providing for his wife, as Allah says (what means), "Let the wealthy man spend according to his means; and let the man whose provisions are restricted spend according to what Allah has given him. Allah does not burden a soul beyond what He has given it, and Allah will grant ease after a hardship." (Al-Talaq 65:7)


Islam even gives women the right to take secretly money from their husbands if they are not providing for them. Hind, the wife of Abu Sufyan, came to Prophet Muhammad (sallallahu alayhi was sallam) and said, "O Messenger of Allah, Abu Sufyan is a stingy man and does not give me and my children enough provisions except when I take something from him with out his knowledge." Prophet Muhammad (sallallahu alayhi was sallam) said, "Take what is reasonably sufficient for you and your children." (Bukhari and Muslim)


Educating One’s Family


Since the man has put in the position of providing for his family, he must also provide them with the proper Islamic education to keep them from the hellfire. Allah says (what means), ‘O you who believe! Save yourselves and your families from a fire whose fuel is men and stones (that were worshipped), over it are appointed angels stern and severe, who disobey not the Commands they receive from Allah, but do that which they are commanded." (Al-Tahrim 66:6)


Both the husband and wife should make sure their home is a place where Allah is remembered and His Commandments are reflected and acted upon. Prophet Muhammad (sallallahu alayhi was sallam) said, "The similitude of a home in which Allah is remembered and a home in which He is not is like the living and the dead." (Muslim)


The Wife Obeying Her Husband


A woman must obey her husband as long as he does not tell her to perform any haraam (unlawful) acts. Allah says (what means), "…the righteous women are devoutly obedient, and guard in absence what Allah would have then guard." (Al-Nisa 4:34)


Kind Treatment To One’s Wife


Just because Allah has given men a position of authority does not give them the right to abuse it. They have to treat their wives in the best manner. Allah says (what means), "Live with them honorably." (Al-Nisa 4:19) Prophet Muhammad (sallallahu alayhi was sallam) said, "The believer with the most complete faith is the one with the best character, and the best of them are those whom treat their women the best. (Tirmidhi)


We can see from the seerah (biography) of Prophet Muhammad (sallallahu alayhi was sallam) that he would help his wives with housework and would engage in games with them as well.


This article did not cover all the aspects of marriage, but it is hoped it was beneficial. Anything good in this article is from Allah and anything incorrect is from myself.

Source: Mufti Sadek Sahib


<b>WHAT IS ISTIKHAARAH?</b>


Istikhaarah is to seek guidance from Allah when one is faced with a problem to which no solution is apparent.


Whenever a person is faced with a difficult problem, or becomes hesitant in making a decision and his knowledge of the matter is insufficient to guide him then after seeking advice from trusted friends he should turn to Allah and beseech His grace. He should willingly and with an open heart and mind supplicate for divine guidance and ask for direction so that the problem is solved in his own best interest. The Du'aa at such an occasion is called Istikhaarah.


Istikhaarah is in fact an invaluable teaching of Rasulullah (Sallallaahu Alayhi Wasallam) with which the Muslims have been favoured. This blessing could give solace to many for all times to come. It is related in the Hadith that Rasulullah (SAW) use to teach the Istikhaarah to the Sahaabah (RA) like the Qur'an is taught to children. In another Hadith it is stated that 'He does not fail who makes Istikhaarah and he does not regret who makes Mashwarah (consultation).


In the Masnoon Istikhaarah, after one has carried out his responsibility as best as one can, one should hand over the entire matter and oneself to the limitless knowledge of Allah Ta'ala. By resorting to Istikhaarah one is now retrieved of making a decision on ones own.


Whenever counsel is sought from a respectable and experienced person, it is expected that he will give good advise and assist to the best of his ability. Similarly Istikhaarah is to seek counsel that the all-Knowing and Merciful Allah? Once Istikhaarah is made then Allah Ta'ala will surely guide him to do what is best for him.


Now there can be no perplexity. Only that will happen which Allah Ta'ala wills and which is good for ones own sake though one may not be able to see it immediately. It is not necessary that one must experience or see an evident change or vision. Allah Ta'ala alone knows what is best for His servants. It is related in the Hadith that 'Success and good tidings for the son of Aadam (Insaan) is in performing Istikhaarah and his misfortune lies in not making Istikhaarah'.


<b>METHOD OF ISTIKHAARAH </b>


When making Istikhaarah begin with performing two Rakaats Nafl Salaat. Then with all sincerity recite the following Du'a.


Allaahumma innee astakheeruka bi ilmika wa-astaqdiruka biqudratika wa-as'aluka min fadhlika al-adheem. Fa innaka taqdiru walaa aqdiru. Wa ta'lamu walaa a'alamu wa anta allaamul ghuyoob. Allaahumma in kunta ta'lamu anna haadhal-amr khayrun liy fiy deeniy wa-ma'aashiy wa-aaqibat amriy, fa'qdruhliy wa-yassirh liy thumma baarik liy feehi. Wa in-kunta ta'lamu anna haadhal amr sharrun liy fiy deeniy wa-ma'aashiy was-'aaqibat amriy. Fa asrifh annee wa-srif 'anhu. Wa aqdurh liyal khayr hayth kaana thumma a-rdhiniy bihee


Trans: O Allah!! Behold I ask You the good through Your Knowledge, and ability through Your Power, and beg (Your favour) out of Your infinite Bounty. For surely You have Power; I have none. You know all; I know not. You are the Great Knower of all things. O Allah! If in Your Knowledge this matter be good for my faith (Deen), for my livelihood, and for the consequences of my affairs, then ordain it for me, and make it easy for me, and bless me therein. But if in Your Knowledge, this matter be bad for my faith (Deen) for my livelihood, and for the consequences of my affairs, then turn it away from me, and turn me away therefrom, and ordain for me the good wherever it be, and cause me to be pleased therewith.


While reciting this Du'aa when one reaches HAADHAL AMR (THIS MATTER) at both places he should think of his problem.


May Allah guide and assist us all, Aameen. Allah(swt) knows best.


Need Help? Do Istikhara for any purpose. But for marriage, inshaa'Allah read below.....


<b>Istikhara for Nikah (marriage) </b>


When intending to marry someone then even before proposing or expressing one's intention to propose, do the following:


1. Perform Wudhu (Ablution)


2. Offer 2 rakat Nafl salah


3. Recite the following Dua:


Transliteration:


Allaahumma innee astakheeruka bi ilmika wa-astaqdiruka biqudratika wa-as'aluka min fadhlika al-adheem. Fa innaka taqdiru walaa aqdiru. Wa ta'lamu walaa a'alamu wa anta allaamul ghuyoob. Allaahumma in kunta ta'lamu anna haadhal-amr* khayrun liy fiy deeniy wa-ma'aashiy wa-aaqibat amriy, fa'qdruhliy wa-yassirh liy thumma baarik liy feehi. Wa in-kunta ta'lamu anna haadhal amr* sharrun liy fiy deeniy wa-ma'aashiy was-'aaqibat amriy. Fa asrifh annee wa-srif 'anhu. Wa aqdurh liyal khayr hayth kaana thumma a-rdhiniy bihee


* While reciting when one reaches haadhal-amr (at both places) you should think of your problem.


Translation:


O Allah!! Behold I ask You the good through Your Knowledge, and ability through Your Power, and beg (Your favour) out of Your infinite Bounty. For surely You have Power; I have none. You know all; I know not. You are the Great Knower of all things. O Allah! If in Your Knowledge this matter be good for my faith (Deen), for my livelihood, and for the consequences of my affairs, then ordain it for me, and make it easy for me, and bless me therein. But if in Your Knowledge, this matter be bad for my faith (Deen) for my livelihood, and for the consequences of my affairs, then turn it away from me, and turn me away therefrom, and ordain for me the good wherever it be, and cause me to be pleased therewith.

<b>Gates of Paradise</b>


Descriptions of Paradise from the Qur'aan and Hadeeth


"Gardens of perpetual bliss - they shall enter them, as well as the righteous among their fathers, their spouses and their offspring. And angels shall enter upon them every gate." [ar-Ra`d, 13:23]


"This is a reminder. Verily, for the righteous is a beautiful place of [final] return - gardens of eternity, whose doors will [always] be open to them." [saad, 38:49-50]


"And those who feared their Lord will be led to the Garden in crowds, until behold, they arrive there. Its gates will be opened, and its keepers will say, 'Peace be upon you!' Well have you done, do enter it, abiding [in it] eternally." [Az-Zumar, 39:73]


Sahl bin Sa`d reported that the Prophet (peace be upon him) said: "Paradise has eight gates, and one of them is called ar-Rayyaan, through which none will enter but those who observe fasting." [al-Bukhaari]


Abu Hurayrah narrated that the Prophet (peace be upon him) said: "Whoever spends two things in the way of Allah will be called from the gates of Paradise and will be addressed, 'Oh slave of Allah, here is prosperity!' So whoever was among the people who used to offer their prayers will be called from the gate of the prayer; and whoever was among the people who used to participate in jihaad will be called from the gate of jihaad; and whoever was among those who used to observer fasts will be called from the gate of ar-Rayyaan; and whoever was among those who used to give charity will be called from the gate of charity." Abu Bakr said, "Let my parents be sacrificed for you, oh Allah's Apostle! No distress or need will befall him who will be called from those gates. Will there be anyone who will be called from all these gates?" The Prophet (peace be upon him) replied, "Yes, and I hope you will be one of them." [al-Bukhaari]


`Uqba ibn `Aamir said: "We were entrusted with the task of tending the camels. On my turn, when I came back in the evening after grazing them in the pastures, I found Allah's Messenger (peace be upon him) stand and address the people. I heard these words of his, 'If any Muslim performs ablution well, then stands and prays two rak`ahs, setting about them with his heart as well as his face, Paradise will be guaranteed to him.' I said, 'What a fine thing this is!' A narrator who was before me said, 'The first was even better than this.' When I cast a glance, I saw that it was `Umar who said, 'I see that you have just come and observed. If anyone among you performs the ablution, completes the ablution well and says, "I testify that there is no god but Allah and that Muhammad is the servant of Allah and His Messenger," then the eight gates of Paradise will be opened for him and he may enter by whichever of them he wishes."


Abu Hurayrah narrated that the Messenger (peace be upon him) said: "The gates of Paradise will be opened on Monday and on Thursdays, and every servant [of Allah] who associates nothing with Allah will be forgiven, except for the man who has a grudge against his brother. [About them] it will be said, 'Delay these two until they are reconciled. Delay these two


until they are reconciled. Delay these two until they are reconciled.'"


'May Allah Taaa'a Grant us and our whole ummah Jannat, may he also save us from all trials and tribulations of this world and hereafter', ameen.

Imagine you are a boat, and the dunya is the sea. Far off in the distance, is land — the akhira.


“You are a boat. You sail the waters of the dunya towards the lands of Jannah.” –Abdur-Rahman


What happens if the sea floods into the boat? You sink.


So be like the best Muslim leaders: they ditched the dunya for the akhira.


In particular, I refer to the governers in the time of the Khulafa Rashideen (i.e. in the first 30 years after the death of the Prophet, salallahu alayhi wa sallam).


In the time of ‘Umar (radiallahu ‘an), he looked at the list of people to give zakaah to (because they were poor), and #1 on the list was one of his own governers. Subhanallah, how little did they love the dunya–not like today’s presidents and government officials, who live in golden houses, glut themselves on rich foods, and own expensive trifles.


So ‘Umar gave them the zakaah money, and the governer came home one day to tell his wife. Their conversation went (to the approximate meaning of):


Him: Something bad happened.


Her: What? What happened? Did the Khalifa die?


Him: No, worse. A fitnah has come upon us. Will you help me get rid of it?


Her: Yes.


So they took the money and gave it away feasabillillah (in the path of Allah, the Most High).


That’s iman. May Allah enter them, and us, into Jannah, and guide us from their outstanding examples of selflessness, ameen.


source: http://www.ashiq.ca/blog/2006/02/12/the-...governers/

<b>(FATWA) Ruling regarding CASH BACK Transactions (Mobile Phones)</b>


http://www.islamicawakening.com/viewarti...cleID=1250


Haytham bin Jawwad al-Haddad


Article ID: 1250 | 2117 Reads


All praise and thanks are due to Allah, the Lord of the worlds. Peace and blessings be upon our Prophet, Muhammad, his family and all his Companions.


Many brothers and sisters have been asking me over the last few weeks about the permissibility of the "cash-back scheme" implemented by many companies that provide certain products and services such as mobile phones. In this fatwa, I will briefly explain how the scheme works before judging its validity. Finally, I will explore some solutions for those who already have such contracts.


Introduction


Many companies and high street shops providing certain products and services (such as mobile phones) implement a scheme similar to the following example:


i) The company or high street shop offers a contract over one year (or some other period) in which it provides a customer with a certain product (in the case of mobile phones it is a handset plus a fixed quantity of calls or air-time) for a price (say 30 sterling or us dollars) paid in monthly instalments. This amount is to be deducted directly from the customer's account via direct debit.


ii) The company or high street shop will after a period of time return to the customer a lump sum equivalent in amount to what the customer has paid minus a small amount. This small amount therefore seems to be what was paid in exchange for the product or service. (Sometimes this amount is as little as £1 or $1 multiplied by the duration of the contract in months). The returned lump sum might be given as a single payment or in instalments distributed throughout the duration of the contract. Also, sometimes it might be conditional to the submittal of the invoice statements to the company by the customer. In some cases two parties are involved; the customer and the company. However, many other times, there are three parties involved in the transaction: the customer, the broker/agent (which is usually the high-street shop), and the service provider (which is usually a large company such as Orange or T-Mobile in the example of mobile phones contracts). The customer is paying the money to the large company while getting cash-back from the broker and the service emanates from the large company.


These cheap contracts attract many people to take them not merely for their basic needs but also as a luxury or for future trading and business since they are able to acquire expensive products cheaply which can be re-sold again at a profit.


Is this scheme Islamically permissible?


Judgement


Before I clarify the Islamic position concerning this transaction, I would like to summarise certain key principles concerning transactions in Islam more generally. These principles will help the reader to comprehend many issues in modern day Islamic finance.


Bilateral transactions can take two forms in terms of the profit intended [in this life]:


(1) Profitable transactions and


(2) Non-Profitable transactions


A profitable transaction can be a sale transaction or partnership for investing.


(i) A sale transaction [bay’] is any exchange between money on the one hand and any good or service on the other, or any exchange between a good or service on the one hand and another good or service of a different type. If this sale transaction is prompt or hand to hand then no further condition, apart from the normal sale conditions, is mandatory. If a time factor is involved during the exchange process then other guidelines have to be met which are beyond the scope of this fatwa. Leasing and renting are also forms of sale transactions since the service provided is the usage of the object leased or rented.


(iv) Partnership for investing [sharikah]. This occurs when two persons or more agree together to own a property or carry out commercial activities. The partnership could take several forms based on the role of each party. Sometimes both parties participate in forming the capital of this partnership, while at other times both participate in physical activities where no money from either of them is involved. On other occasions, one party invests money and the other makes available his or her experience, and so on. In modern Islamic finance this is known as investment. This type of contract requires a detailed explanation which is again beyond the scope of this fatwa.


Non-profitable transactions can be classified into three sub-types:


(i) A loan, which is permissible or encouraged if two conditions are met: the same amount and type of item is returned for the same amount and type and no benefit of any form accruing to the lender should be explicitly or implicitly stipulated in the agreement or the contact. If the loan is of a physical nature then it is called ‘areyah while if it is of a monetary form i.e. gold, silver, money or its like, then it is termed qard.


(ii) A trust [‘amanah]. An example of this occurs when money is deposited with another person for safekeeping, a “deposit of trust”. One condition of such a deposit is that the trustee should not use the money for any purpose. The trust can be of a physical nature or of monetary one, however, it should not be used by the trustee [‘ameen] i.e., the one who safe-keeps it. The difference between this and a loan is the fact that in the instance of a loan, the borrower borrows the money to use it, whereas with a trust, the trustee should not use the money at all.


(iii) Security, mortgage, pledge [rahn]. This is a contract or an agreement in which the owner of property [rahen] pledges it to another [murtahen] as security for some future obligation, for example the obligation to repay a loan at a future date may be secured by the pledge of the borrower’s property. The pledge has the advantage that the owner of the property may continue to benefit from it whilst at the same time using it as a pledged item, for example the owner of a house may continue to live in the house whilst providing it as security for a loan. The pledge [rahan] can be property, gold, silver, money or its like. What ever the nature of the rahn is, the one who keeps it apart from his owner, such as [murtahen], is not allowed to use it at all.


The guidelines mentioned here about these types can be directly and indirectly deduced and extracted from the famous hadith of Ubadah ibn al Samit. The Messenger of Allah (Salla Allahu ‘alihi Wasallam), said: "Gold is to be paid for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt, same quantity for same quantity and equal for equal, payment being made on the same spot. If these classes differ, sell then as you wish if payment is made on the spot." (Muslim)


This is one of the many miracles of the Messenger (Salla Allahu ‘alihi Wasallam) who was gifted by Allah to have the most profound and eloquent manner of speech.


I would like to mention a very useful tip that helps anyone to apply utmost care prior to indulging in certain transactions. One should be very careful when he or she notices a combination of a profitable transaction and non-profitable transaction in one transaction. An area of riba or prohibition is definitely being approached in such a case. A good example of this combination is what is mentioned in one of the prophetic traditions where the Prophet (Salla Allahu ‘alihi Wasallam) prohibited the combination of slaf (loan) and bay’ (sale).


Moreover, with the understanding of these types and their conditions, we should realise that any transaction where money is given in return for money should also signal a possible instance of riba or prohibited transaction irrespective of the amount of money involved and the name of the transaction or transactions.


The final indication of riba or prohibition can be clearly identified when we examine the result of the end-to-end transaction irrespective of its breakdown.


We have to be very aware of this fact since, unfortunately, many transactions these days involve exchanges of such a nature. Moreover, I have seen very complex and twisted forms of contracts in the West that are nothing but a manifestation of riba and its central role within the economic system.


Concerning the transaction in discussion here, the cash-back system, it is clear that this involves the exchange of money now for money later in addition to a service and/or product. It is true that they call this transaction a sale, yet we have to be careful of terminologies since we do not share the same terminologies of non-Divine systems.


The ultimate consequence of this transaction or transactions is that the customer pays money (which is the price of the product or contract for which he will receive the service) under the condition of receiving in return the agreed amount of cash-back plus the service or the product. So all or most of his money will be returned to him in addition to the product or service.


In reality, from the Islamic view point, this transaction is a loan given by the customer to the company or high street shop. The money given by the customer is then returned to him either partially or fully with a benefit added to it, which in our case is a handset plus some free minutes of talk-time. So this is in effect a loan that leads to a benefit which is unanimously prohibited. The basis for this unanimous agreement is the implicit meaning of the hadith of Ubadah and the explicit meaning of the statements [athar] of many companions which states “Any loan that gives rise to profit or interest is riba”.


Some of the people of knowledge might consider this transaction as a combination of a loan and a sale. A loan since the customer pays A, say it is equal to B+C where B is bigger than C, over a period of time where he/she is going to get back B. So B in this case is the loan given by the customer to the shop or the company while C will be the price paid for the product or the service or both of them which makes this part of the transaction the sale one. If this combination is carried out in a way that leads to riba or to an exchange between money now and money later then it will be prohibited unanimously also. The basis of this prohibition is all the above mentioned prophetic traditions.


Consequently, I conclude that purchasing any product or service in accordance with the scheme described above is totally prohibited as it is a manifestation of riba if the cash-back is equal or almost equal to the money paid by the customer. If the cash-back is very little in comparison to either the value of the commodity being exchanged or to the price paid by the customer then the transaction is still prohibited since the exchange of money now for a different amount of money later is still involved.


Clarifications


In order to address some concerns and misconceptions that may arise with regard to this fatwa, I would like to make the following additional points.


1- The conclusion mentioned here is not a matter of disagreement between the scholars nor is it even founded on matters of disagreement. It is my habit to mention any strong difference of opinions involved in the discussion. Moreover, I normally do not base my published fatwas on matters of ijtihad or personal opinions, rather on matters of consensus or of similar authority.


2- Some brothers argue that there are in fact three parties involved in the transaction: the customer, the broker/agent (which is usually the high-street shop), and the service provider (which is usually a large company such as Orange or T-Mobile in the example of mobile phones contracts). The customer is paying the money to the large company while getting cash-back from the broker and the service emanates from the large company. The broker/agent/shop is getting nothing but a sale commission.


In answer to this I say that it may be true that this scenario is taking place but this does not have any impact on the ruling of the transaction. The customer is paying to the large company and the broker, as a result of the customer taking a contract with the company, is obliged to return this amount in full or in part to him after a while. It does not matter whether the customer carries out the transaction directly with the ultimate borrower or delegates that task to the shop. The fact is that the customer is giving money to someone under the condition that he will get this money back in full or in part plus a phone and a service. This is the summary of this transaction.


3- Others may argue that the contract should be deemed acceptable due to necessity. Here I would like to mention what I always ask people regarding the rule of necessity: Who said that it is a necessity? On what basis was this conclusion made? I do not believe that there is a necessity or even a real need in most of the cases to engage in such transactions. However, if there is a real need, as when there is no other provider for a highly needed service or product, then the customer should take the transaction that is according to his need only, without any further indulgence that would provide for him or her a luxury or satisfy a superfluous business intention. Moreover, once he receives the cash-back he should get rid of the riba amount involved in it just as he gets rid of the interest or riba money.


4- If someone were to agree that the riba or the haram involved in this transaction is due to the cash-back, and therefore propose that the service can be used so long as the cash-back is disposed of or left to the shop, I would again say that this is not acceptable. It may be acceptable in the presence of a necessity or real need but the scope for this would be confined to a narrow set of circumstances. The main reason for this prohibition is the fact that taking such a contract and signing it is a manifestation of acceptance of a riba/haram-based contract. Let us, prior to indulging in such a contract remind ourselves that that the Prophet (Salla Allahu ‘alihi Wasallam) has cursed "the one who consumes riba, the one who gives it to others, the one who writes it down and the one who witnesses it." He said:" They are all the same." (Muslim). If the one who writes riba or merely witnesses it is cursed, then what about the person who signs the riba-based contract, even if he intends not to benefit from the riba?


How to dispose of the riba or the haram money involved in this contract:


The following process helps a person achieve this:


1- It is essential to identify the time this transaction became known to the person as being haram or the time he or she decided to repent, which must be immediate and without any delay. (let us call this: time of knowledge or repentance).


2- All earnings and benefits already received before the time of knowledge or repentance are considered to be halal or permissible. Allah says in the Quran “So whosoever receives an admonition from his Lord and stops eating Riba (usury) shall not be punished for the past; his case is for Allah (to judge); but whoever returns [to Riba (usury)], such are the dwellers of the Fire - they will abide therein.” [2:275]. This approach was adopted by the Shari'a to encourage people to repent and stop dealing in haram.


3- If a contract or a transaction took place prior to the time of knowledge or repentance, yet there are some benefits, such as the cash-back or the service that the customer is going to receive after this time, then he or she may dispose of either the price or the commodity, which is the service (and the product if any). He should not keep or benefit from both and is not obliged to get rid of both since he can keep the capital as it just explained.


4- I would like to confirm here that it is difficult to say that the customer who initiated the contract and then came to realise its impermissibility or decided to repent from it MUST get rid of these benefits/interest/surplus once he receives them in the way explained above. Instead, I say that this is recommended and it will place him on the side of safety, especially if he was involved in it out of negligence and wants to repent.


5- As for earnings and benefits that a person will receive due to a contract that takes place after the time of knowledge or repentance, such benefits and earnings are considered haram as aforementioned.


6- Ridding oneself of this money means it is to be disposed of in such a way that one does not receive any kind of physical or moral benefit since it is not considered to be sadaqa; rather it is considered to be riba money.


7- This is the proposed solution for those who have already taken out such contracts and are unable to cancel the contracts before their end-date. Those who can cancel the contract without incurring major loss should do so.


How to change this scenario/ scheme to make it Islamically acceptable?


As already noted, the main problem in this scheme is the cash back involved in it. If there were no cash back involved, the contract will be ok. For example, if the shop/broker/agent sells the product for a price equal to the final net amount the customer is paying then it will be a normal sale transaction which is halal. This gives us the first and best option which can be provided for the shops/brokers/agents. However, many will not opt for this option since they do not have the money to do it; rather they are waiting to receive the commission from the company on each new contract.


Another option which can be carried out by the shop/broker/agent is to replace this cash back with another product or service or even coupons which enable the customer to exchange them by pre-selected items (some room for selection is allowed) from limited stores. The reason for the condition of specifying certain stores is to avoid replacing the cash back with coupons that might be considered as money or checks. This is not considered to be a deception to overcome the prohibited part of the transaction rather it will be considered as a normal sale were the customer pays certain amount of money in exchange of two or three known and specified real commodities.


Having said that, I would like also to mention that the suggestions given by some brothers to solve the problem in this scheme where the company or the shop/broker/agent gives the customer the full amount of the cash back in advance will be only valid if the customer pays the price in full at once and then immediately receives the full amount of the cash pack on the spot without delay. As we have explained earlier that once a time difference between the price in full or in part and the cash-back is involved then the transaction is impermissible and a possible instance of riba has occurred.


Before I conclude, I would like to emphasise that this fatwa deals with the above scenario of cash-back systems only. Other scenarios may have different rulings.


To conclude, we ask Allah jalla wa Alaa to provide us with halal money and means. Allah knows best.


Finally, as I am expecting many responses to this fatwa, in order to make best use of time, I would like to ask the brothers and sisters, especially those who are not specialised in this field, to read the fatwa carefully before sending me their views. Other than that, I would be more than happy to receive comments and constructive criticism.


Haitham Al-Haddad


8th Thul-Qe’adah 1426


8th Dec 2005.


"I suggest you read this and make an opinion... apparently if you understand the Islamic financial system then you would realise that cash back contract mobiles or cell phones are forbidden."

<b>Pearls of Wisdom - Fear and Hope</b>


- The least torture in Hell-


The severity of its heat, and their variation in it: An-Nu`man ibn Bashir (RA) narrated that he heard the Prophet(SAW) say:


“The least torture in the Hell on the Day of Judgment is that of a man whose foot sole is laid on a live coal which causes his brain to boil just like a boiler.” [bukhari and Muslim]


Muslim narrated in his Sahih:


“He does not think that any other person is tortured more severely than him although he is in the least torture.” [Muslim]


Abu Huraira (RA) narrated:


This fire of yours which burns the son of Adam (in this world) is the seventieth part of the heat of the Hell. They say: ‘We swear by Allah, our fire is quite enough.’ The Prophet said: ‘It is sixty nine times more and each part of it is like the heat of your fire.’” [Muslim]


Abu Huraira said that the Prophet (SAW) said:


“The Hell complained to her Rabb: O my Rabb! I am eating myself. He allowed her two breaths: One in winter and the other one in summer, and that is why you feel the heat in Summer and the cold in Winter.” (Bukhari and Muslim)


Samura narrated that he heard the Prophet, (SAW), said:


Fire holds some to their ankle bones, some to their knees, some to their waists, and some up to their collarbones.” [Muslim]


This Hadith is a statement for the variation in degrees in the punishment of those in the Hell. We seek protection of Allah from it and from anything that leads to it whether word or deed.


- Between hope and despair -


(False) security and despair are ways leading out of the folds of the community of Muslims. The right attitude for the people of the Qiblah lies between the two. That is to say, a slave should remain between fear and hope. For, the right and the approved kind of fear is that which acts as a barrier between the slave and the things forbidden by Allah. But, if fear is excessive, then the possibility is that the man will fall into despair and pessimism.


On the other hand the approved state of optimism is of a man who does good in the light of the Shari'ah and is hopeful of being rewarded for it. Or, conversely, if a man committed a sin, he repents sincerely, and is hopeful of being forgiven. Allah (swt) said:


"Verily, those who believed, and those who migrated and fought in the way of Allah, it is they who are hopeful of Allah's mercy. And Allah is very Forgiving, very Merciful." (Al-Baqarah, 218)


In contrast, if a man indulges in sins and excesses, but is hopeful that he would be forgiven without doing anything good, then, this is self-deception, mere illusion and false hope. Abu 'All Rowzbari has said, "Fear and hope are like the two wings of a bird. If they are well balanced, the flight will be well balanced. But, If one is stunted, the Right would also be stunted. And, to be sure, if the two are lost, the bird will soon be in the throes of death." Allah has praised the people of hope and fear in the following verse:


'Is one who worships devotedly during the night, prostrating himself or standing, fearing the Hereafter, and hoping for the mercy of his Lord (is equal to him who doesn't do these things)?' (Al Zumar, 9)


Hope then also demands fear. If that was not the case, one would be in a state of false security. Conversely, fear demands hope.


- Medicine of the Heart -


Yahyaa ibn Mu'aadh said: "The medicine of the heart is five things: reading Qur'aan and pondering the meaning, having an empty stomach, praying at night (qiyaam al-layl), beseeching Allaah at the time of suhoor, and keeping company with righteous people."


- Best of the Best -


"I looked at all friends and did not find a better friend than safeguarding the tongue. I thought about all dresses, but did not find a better dress than piety. I thought about all types of wealth, but did not find a better wealth than contentment in little. I thought of all types of good deeds, but did not find a better deed than offering good advice. I looked at all types of sustenance but did not find a better sustenance than patience" [umar(RA)]


- How many days in your life? -


The World is three days:


As for yesterday, it has vanished, along with all that was in it.


As for tomorrow, you may never see it.


As for today, it is yours, so work in it. [Hassan al-Basri]


Excerpts taken from http://www.lutonmuslims.co.uk/Pearls.htm#Reference

Source: Hadith from Shahi Muslim. Book 1. Faith. Hadith 0309


Talib writes "It is narrated on the authority of Anas b. Malik that the Messenger of Allah (may peace be upon him) said:


I was brought al-Buraq Who is an animal white and long, larger than a donkey but smaller than a mule, who would place his hoof a distance equal to the range of version. I mounted it and came to the Temple (Bait Maqdis in Jerusalem), then tethered it to the ring used by the prophets. I entered the mosque and prayed two rak'ahs in it, and then came out and Gabriel brought me a vessel of wine and a vessel of milk. I chose the milk, and Gabriel said: You have chosen the natural thing Then he took me to heaven...


Gabriel then asked the (gate of heaven) to be opened and he was asked who he was He replied: Gabriel. He was again asked: Who is with you? He (Gabriel) said: Muhammad. It was said: Has he been sent for? Gabriel replied: He has indeed been sent for. And (the door of the heaven) was opened for us and lo ! we saw Adam. He welcomed me and prayed for my good.


Then we ascended to the second heaven. Gabriel (peace be upon him) (asked the door of heaven to be opened), and he was asked who he was. He answered: Gabriel; and was again asked: Who is with you? He replied: Muhammad. It was said: Has he been sent for? He replied: He has indeed been sent for. The gate was opened. When I entered 'Isa b. Maryam and Yahya b. Zakariya (peace be upon both of them), cousins from the maternal side, welcomed me and prayed for my good.


Then I was taken to the third heaven and Gabriel asked for the opening (of the door). He was asked: Who are you? He replied: Gabriel. He was (again) asked: Who is with you? He replied Muhammad (may peace be upon him). It was said: Has he been sent for? He replied He has indeed been sent for. (The gate) was opened for us and I saw Yusuf (peace of Allah be upon him) who had been given half of (world) beauty. He welcomed me prayed for my well-being.


Then he ascended with us to the fourth heaven. Gabriel (peace be upon him) asked for the (gate) to be opened, and it was said: Who is he? He replied: Gabriel. It was (again) said: Who is with you? He said: Muhammad. It was said: Has he been sent for? He replied: He has indeed been sent for. The (gate) was opened for us, and lo! Idris was there. He welcomed me and prayed for my well-being (About him) Allah, the Exalted and the Glorious, has said: "We elevated him (Idris) to the exalted position" (Qur'an xix. 57).


Then he ascended with us to the fifth heaven and Gabriel asked for the (gate) to be opened. It was said: Who is he? He replied Gabriel. It was (again) said: Who is with thee? He replied: Muhammad. It was said Has he been sent for? He replied: He has indeed been sent for. (The gate) was opened for us and then I was with Harun (Aaron-peace of Allah be upon him). He welcomed me prayed for my well-being.


Then I was taken to the sixth heaven. Gabriel (peace be upon him) asked for the door to be opened. It was said: Who is he? He replied: Gabriel. It was said: Who is with thee? He replied: Muhammad. It was said: Has he been sent for? He replied: He has indeed been sent for. (The gate) was opened for us and there I was with Musa (Moses peace be upon him) He welcomed me and prayed for my well-being.


Then I was taken up to the seventh heaven. Gabriel asked the (gate) to be opened. It was said: Who is he? He said: Gabriel It was said. Who is with thee? He replied: Muhammad (may peace be upon him.) It was said: Has he been sent for? He replied: He has indeed been sent for. (The gate) was opened for us and there I found Ibrahim (Abraham peace be upon him) reclining against the Bait-ul-Ma'mur and there enter into it seventy thousand angels every day, never to visit (this place) again Then I was taken to Sidrat-ul-Muntaha whose leaves were like elephant ears and its fruit like big earthenware vessels. And when it was covered by the Command of Allah, it underwent such a change that none amongst the creation has the power to praise its beauty.


Then Allah revealed to me a revelation and He made obligatory for me fifty prayers every day and night. Then I went down to Moses (peace be upon him) and he said: What has your Lord enjoined upon your Ummah? I said: Fifty prayers. He said: Return to thy Lord and beg for reduction (in the number of prayers), for your community shal1 not be able to bear this burden. as I have put to test the children of Isra'il and tried them (and found them too weak to bear such a heavy burden). He (the Holy Prophet) said: I went back to my Lord and said: My Lord, make things lighter for my Ummah. (The Lord) reduced five prayers for me.


I went down to Moses and said: (The Lord) reduced five (prayers) for me, He said: Verily thy Ummah shall not be able to bear this burden; return to thy Lord and ask Him to make things lighter. I then kept going back and forth between my Lord Blessed and Exalted and Moses, till He said: There are five prayers every day and night. O Muhammad, each being credited as ten, so that makes fifty prayers. He who intends to do a good deed and does not do it will have a good deed recorded for him; and if he does it, it will be recorded for him as ten; whereas he who intends to do an evil deed and does not do, it will not be recorded for him; and if he does it, only one evil deed will be recorded.


I then came down and when I came to Moses and informed him, he said: Go back to thy Lord and ask Him to make things lighter. Upon this the Messenger of Allah remarked: I returned to my Lord until I felt ashamed before Him.

Why is it that so many of our brothers have forgotten the importance of the Jumah khutbah. I am not talking about those who stay away from the prayers entirely, for they are a case in themselves, and once they have missed three Jumah's without excuse, Allah sets a seal over their hearts. I am talking about those who appear to care about their deen, about their responsibilities towards Allah, about the obligation of Jumah. I am talking about the brothers who come shooting in at the last minute, just in time to catch the last rakat, or if they are being really good, they might actually hear a word or two of the khutbah itself before the salat starts.


I don't know if it is a matter of ignorance, shortage in belief, or carelessness, but I notice that these brothers, when they have a class or an appointment with their professor will practically kill themselves to arrive on time, but for their appointment with Allah, they falter. They arrive late. Is it that they trust in Allah's Mercy so much that they forget His Wrath? Whatever the reason, I thought that maybe a few words from our beloved Prophet, Muhammad (may Allah's Peace and Mercy be upon him) might remind at least one brother that the Jumah salat is obligatory not just to add another body to the prayer line, but because of the khutbah. The khutbah is a part of the salat itself. Why do you think the prayer is shorter. I beg you, my brothers, for the sake of your own souls, don't waste the blessing of Jumah. Don't fit Jumah into your schedules, fit your schedules into Jumah.


May Allah forgive us all and guide us and give us the best in this life and the next Ameen.


Jumah:


Narrated Tariq ibn Shihab (R.A.):


The Prophet (peace be upon him) said: The Friday prayer in congregation is a necessary duty for every Muslim, with four exceptions; a slave, a woman, a boy, and a sick person. Sunan Abu Dawud: Book 3, Number 1062:


Compulsory Acts of Jumah:


Narrated AbuMusa al-Ash'ari (R.A.):


Abdullah ibn Umar (ra) said to me: Did you hear anything from your father narrating something from the Messenger of Allah (peace be upon him) about the time on Friday? I said: Yes, I heard him say from the Messenger of Allah (peace be upon him) (these words): "It is between the time when the Imam sits down and the end of the prayer." Sahih Muslim: Book 4, Number 1855:


Narrated Abu Said Al-Khudri (R.A.):


Allah's Apostle (p.b.u.h) said, "The taking of a bath on Friday is compulsory for every male (Muslim) who has attained the age of puberty." Sahih Bukhari: Volume 2, Book 13, Number 4:


Narrated Abu Huraira (R.A.):


Allah's Apostle (p.b.u.h) said, "Any person who takes a bath on Friday like the bath of Janaba and then goes for the prayer (in the first hour i.e. early), it is as if he had sacrificed a camel (in Allah's cause); and whoever goes in the second hour it is as if he had sacrificed a cow; and whoever goes in the third hour, then it is as if he had sacrificed a horned ram; and if one goes in the fourth hour, then it is as if he had sacrificed a hen; and whoever goes in the fifth hour then it is as if he had offered an egg. When the Imam comes out (i.e. starts delivering the Khutba), the angels present themselves to listen to the Khutba." Sahih Bukhari: Volume 2, Book 13, Number 6:


Narrated Abu Huraira (R.A.):


The Prophet (sallallahu alaiyhi wassallam) said, "When it is a Friday, the angels stand at the gate of the mosque and keep on writing the names of the persons coming to the mosque in succession according to their arrivals. The example of the one who enters the mosque in the earliest hour is that of one offering a camel (in sacrifice). The one coming next is like one offering a cow and then a ram and then a chicken and then an egg respectively. When the Imam comes out (for Jumua prayer) they (i.e. angels) fold their papers and listen to the Khutba." Sahih Bukhari: Volume 2, Book 13, Number 51:


Narrated Abu Huraira (R.A.):


Allah's Apostle (p.b.u.h) said, "When the Imam is delivering the Khutba, and you ask your companion to keep quiet and listen, then no doubt you have done an evil act." Sahih Bukhari: Volume 2, Book 13, Number 56:


Narrated Jabir bin 'Abdullah (R.A.):


While we were praying (Jumua Khutba & prayer) with the Prophet (p.b.u.h), some camels loaded with food, arrived (from Sham.~ The people diverted their attention towards the camels (and left the mosque), and only twelve persons remained with the Prophet. So this verse was revealed: "But when they see Some bargain or some amusement, They disperse headlong to it, And leave you standing." (62.11) Sahih Bukhari: Volume 2, Book 13, Number 58:


Narrated Abdullah ibn Umar (R.A.) ; Abu Hurayrah (R.A.):


Ibn Umar and Abu Hurayrah heard Allah's Messenger (peace be upon him) say on the planks of his pulpit: People must cease to neglect the Friday prayer, or Allah will seal their hearts and then they will be among the negligent. Sahih Muslim: Book 4, Number 1882:


Benefits of Jumah:


Narrated Salman-Al-Farsi (R.A.):


The Prophet (p.b.u.h) said, "Whoever takes a bath on Friday, purifies himself as much as he can, then uses his (hair) oil or perfumes himself with the scent of his house, then proceeds (for the Jumua prayer) and does not separate two persons sitting together (in the mosque), then prays as much as (Allah has) written for him and then remains silent while the Imam is delivering the Khutba, his sins in-between the present and the last Friday would be forgiven." Sahih Bukhari: Volume 2, Book 13, Number 8:


Narrated Abu Huraira (R.A.):


Allah's Apostle (p.b.u.h) talked about Friday and said, "There is an hour (opportune time) on Friday and if a Muslim gets it while praying and asks something from Allah, then Allah will definitely meet his demand." And he (the Prophet) pointed out the shortness of that time with his hands. Sahih Bukhari: Volume 2, Book 13, Number 57:


Narrated Abu Hurayrah (R.A.):


Allah's Messenger (peace be upon him) said: The best day on which the sun has risen is Friday; on it Adam was created, on it he was made to enter Paradise, on it he was expelled from it. Sahih Muslim: Book 4, Number 1856:

<b>People of the Book</b>


The various faiths of the People of the Book share several qualities:


• They recognize one God.


• They share certain religious texts.


• They share many of the same prophets, such as Abraham.


• They recognize life after death, judgment, heaven and hell, and angels.


• They share similar beliefs regarding the Creation, specifically, in the lives of Adam and Eve in the Garden of Eden.


Christian and Muslim belief have many aspects in common. Judaism too shares many beliefs with Islam. All true adherents of these three great religions:


• Believe that God has created the entire universe out of nothing and that He dominates all that exists with His omnipotence.


• Believe that God has created man and living things in a miraculous way and that man possesses a soul granted him by God.


• Believe that besides Jesus, Moses or Muhammad, God sent many prophets such as Noah, Abraham, Isaac and Joseph throughout history, and they love all these prophets.


• Believe in resurrection, Heaven and Hell and angels, and that God has created our lives with a certain destiny.


The beliefs of the People of the Book are in harmony with Muslims, not only in terms of faith-related issues, but also of moral values. Today, in a world where such immoralities as adultery, homosexuality, drug addiction and a model of egoism and self-seeking cruelty have grown widespread, the People of the Book and Muslims share the same virtues: Honor, chastity, humility, self-sacrifice, honesty, compassion, mercy and unconditional love…


But while they basically rely on God's revelation, the People of the Book have moral precepts and know what is lawful and what is not. For this reason, if one of the People of the Book cooks some food, it is lawful for Muslims to eat it. In the same way, permission has been given for a Muslim man to marry a woman from among the People of the Book. On this subject God commands:


Today all good things have been made lawful for you. And the food of those given the Book is also lawful for you and your food is lawful for them. So are chaste women from among the believers and chaste women of those given the Book before you, once you have given them their dowries in marriage, not in fornication or taking them as lovers. But as for anyone who disbelieve, his actions will come to nothing and in the hereafter he will be among the losers. (Surat al-Mai'da: 5)


These commands show that bonds of kinship may be established as a result of the marriage of a Muslim with a woman from the People of the Book, and that those on each side of the union can accept an invitation to a meal. These are the fundamentals that will ensure the establishment of equitable human relationships and a happy communal life. Since the Koran enjoins this equitable and tolerant attitude, it is unthinkable that a Muslim could take an opposing view.


Summary - http://www.harunyahya.com/32terrorism_people_soc09.html


Jews and Christians, however, are much closer to Muslims than idolaters. Each of these religions has its book, that is, they are subject to a revelation sent down by God. They know what is right and what is wrong, what is lawful and what is unlawful. They know they will give an account to God, and they love and revere His prophets. This shows that Muslims and the people of the book can live easily together and cooperate.