Question 1:
What do the blessed Ulama [Islamic scholars] state regarding the following matter: The buyer sometimes asks us to make the bill of a lesser amount than he has paid to purchase something from us so that he does not need to pay a larger amount of tax. Please tell us the Islamic ruling on making and giving a bill of a lesser amount in this way.
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
The amount of money you write on the bill [in this way] is different from the actual amount; for example, a deal of ten thousand rupees is made but you write five thousand rupees, then you are writing a lie in this case which, without Shar’i permission, is a sinful act. Therefore, permission cannot be given at all for writing a lie and committing an illegal act in this way.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
Ruling on imposing fine as a condition for a second marriage
Question 2 :
What do the blessed Ulama state regarding the following matter: What is the Islamic ruling on mentioning this condition on the ‘Nikah form’: If the husband divorces or enters into a second marriage, he will have to pay an amount of two hundred thousand rupees’?.
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
This case lies in Ta’zeer-bil-Maal, i.e. [imposing] fine; having it written in this way is not permissible. However, one can have such type of an amount written as a Mahr [dowry]; there is a column for Mahr in the Nikah form. Moreover, in our society, Mahr is written in two ways. First one is the Mahr which should be given immediately and the second one is the Mahr which is not given immediately, instead, it is given if divorce takes place or, it is given from the estate if the husband passes away. In any type of both the cases, one can have this amount written as Mahr; that the husband has fixed such and such an amount of Mahr for his wife. There isn’t any restriction on how huge amount of Mahr is fixed; there is a clear Ayah of the Holy Quran. However, it is not permissible to have it written separately that the husband will have to pay such and such an amount of money more if he divorces.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
Islamic ruling on exchanging birds unequally
Question 3:
What do the blessed Ulama state regarding the following matter: Is it permissible to exchange birds unequally; for example, is it permissible to give more number of pigeons in exchange for a parrot, belonging to a good quality breed of parrots, or not?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
It is permissible to sell a ‘parrot, belonging to a good quality breed of parrots’ or ‘any other bird’ in exchange for a number of other birds, because birds are purchased and sold according to the quantity in numbers, not by measuring or weighing, and, as birds are ‘عددی' [i.e. of numerical type], one cause of Riba [interest] does not exist. However, if the birds of the same Jinns [i.e. type] are sold or purchased unequally, selling on credit or purchasing likewise is not permitted. Sayyiduna Jabir رَضِىَ اللّٰەُ تَعَالٰی عَـنْهُ has narrated that the Beloved Rasool صَلَّى اللّٰەُ تَعَالٰى عَلَيْهِ وَاٰلِهٖ وَسَلَّم said: ‘الحيوان اثنان بواحد لا يصلح نسيئا، ولا بأس به يدا بيد’. Translation: It is not permissible to sell one animal in exchange for two on credit, and there is no harm in selling [animal] on immediate exchange. (Tirmizi, vol. 3, pp. 19, Hadees 1242) Shams-ul-Aimmah Sarakhsee رَحْمَةُ اللّٰەِ تَعَالٰی عَلَيْه has stated: ‘فإن الجنس عندنا يحرم النساء بانفراده’. Translation: According to our verdict, [the fact of] ‘Jins [i.e. type] being the same’ alone makes it Haraam [prohibited] to sell or purchase on credit. (Al-Mabsoot lil-Sarakhsee, Juz: 12, vol. 6, pp. 143)
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
What is the Islamic ruling if a commission agent sells something at a higher price?
Question 4:
What do the blessed Ulama state regarding the following matter: Can a commission agent sell something at a higher price than the rate fixed by the company and keep the additional amount of money himself?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Answers :
According to the Shar’i laws, broker is a representative, not himself the party; in fact he forms a connection between two parties. If something is sold at a higher price, it is compulsory for him to tell the actual seller the price at which it has been sold and give the total amount to the actual seller. It is Haraam for him to keep [anything] from the actual amount himself and not inform the owners about it. Moreover, this additional amount will not be Halal [lawful] for him. He is deserving of his fix commission only.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
Ruling on having the rent reduced by giving a large amount of advance
Question 5:
What do the blessed Ulama state regarding the following matter: I wish to rent a house whose rent is normally 25,000 rupees and advance is 500,000 rupees but the home owner has given me an option that if I give him an advance of 1,200,000 rupees, he will reduce the rent to 15,000 rupees. Is it permissible to have the rent reduced in this way by giving a larger amount of advance?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
In this case, money more than the usual amount of advance is taken so that the home owner benefits the tenant in return, and receives lesser amount of rent from him. The advance received more than the usual amount is also a debt like the usual advance. However, the most dominant aspect in the purposes of the usual advance is to ensure security, whereas the purpose of receiving an additional amount of advance is to provide [benefit in] return, or give money. A person receiving the additional amount of advance charges lesser rent than ‘Urf [usual practice] by giving benefit on loan, or does not charge rent at all. This is a case which involves Riba [interest] as a person is getting benefit from loan. Therefore, this method is impermissible and a sin because of being a Riba-based contract, as the amount of advance is a debt owed by the property owner and the tenant wishes to receive financial benefit from him by lending money which is a Riba-based benefit and hence, not permissible.