Question 1:
What do Islamic scholars say about the following issue? We make furniture for children. When furniture is ready, customers sometimes ask us to draw pictures on it. Please give us Shar’i guidance on it. Is it permissible?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Answer:
The first thing that should be remembered about a picture is that taking a digital picture is permissible because it is a reflection not a picture, but when it is printed, the ruling of picture applies to it and drawing a picture of a living thing is Haraam. Now whether it applies to cartoons or not, it is another issue.
There are two types of cartoons which are being drawn nowadays:
1. If it does not tell about a living thing, it is permissible such as drawing eyes in front of a bus does not make it a living creature because there is no such living creature existing in the world. So, it is the cartoon of an imaginary creature and the ruling of a picture does not apply to it.
2. If the cartoon of any person or animal, etc. is drawn that tells us about a living thing, it is not permissible to draw such a cartoon. Therefore, if a customer asks to draw such a cartoon which tells about a living thing, it cannot be drawn.
It is stated in Fatawa-e-Razawiyyah: A picture cannot tell completely about a living thing in any way. It is only up to the beholder’s act of seeing. If the beholder feels that the one in the picture is alive, it is the picture of a living thing and if the one in the picture does not look alive from the picture and the beholder after seeing the picture feels that it is not the picture of a living thing, but the picture of a dead thing or a non-living thing, so that picture will be of a non-living thing. (Fatawa Razawiyyah, vol. 24, pp. 587)
It is not permissible either to draw or get the picture drawn even which is at a place of insult. A’la Hadrat رَحْمَةُ اللهِ عَلَيْه has said: The insult of a picture such as it is on the floor in a way that people walk on it or place their foot on it is permissible and it cannot prevent angles from visiting the place, but it is also Haraam to draw such a picture or get such a picture drawn. (Fatawa Razawiyyah, vol. 24, pp. 587)
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ واٰلِہٖ وَسَلَّم
What do Islamic scholars state about taking extra money from the person who does not make the payment on time?
Question 2:
What do Islamic scholars say about the following issue? If someone borrows fertilizer, etc. from a shopkeeper for six months, but does not make its payment after six months, but rather takes a year or two more, so will he pay the same amount of money or extra money can be taken from him when he makes the payment?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Answer :
The same amount of money will be taken which has been agreed on. Extra amount of money cannot be taken because he has to pay the amount for goods and goods do not increase. Extra money cannot be taken from him for the delay he causes. If it is done, it will be interest. However, if the payer delays without any reason, he will be a sinner. But if the payer is a poor person and cannot make the payment and nor does he have the things which he sells to make the payment, he is not a sinner. A poor person should be granted some respite if he has no means of making the payment. The same are the teachings of the Holy Quran.
Allah Almighty has said:
وَ اِنۡ کَانَ ذُوۡ عُسۡرَۃٍ فَنَظِرَۃٌ اِلٰی مَیۡسَرَۃٍ ؕ وَ اَنۡ تَصَدَّقُوۡا خَیۡرٌ لَّکُمۡ اِنۡ کُنۡتُمۡ تَعۡلَمُوۡنَ ﴿۲۸۰﴾
And if the debtor is in difficulty, give him respite until it becomes easy (to pay back). And if you give up the entire debt, it is better for you, if you know. [Kanz-ul-Iman (translation of Quran)] (Part 3, Surah Al-Baqarah, Verse 280)
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
If we do not like it, we will return it. What do Islamic scholars state about buying something on this condition?
Question 3:
What do Islamic scholars say about the following issue? When we buy a thing, we sometimes do not like the thing or there is a fear whether our family members will like it or not. We, therefore, say that if we do not like it, we will return it. What is Shar’i ruling on it?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Answer :
Usually, at the time of buying something the deal that happens is final and therefore there is no choice of return if the buyer does not like it. However, if the buyer sets the condition at the time of agreeing on a deal, ‘If I do not like it, I will return it to you in one or two days,’ it is permissible and called Khiyar-e-Shart (the condition of choice of return) in Islamic jurisprudential terminology. In Khiyar-e-Shart, the condition of maximum three days can be laid down, i.e. if the buyer does not like the thing, he has the choice of returning it within three days. After the completion of three days the purchase will become compulsory for him and the choice of return will terminate. This manner of keeping the choice of return in buying and selling has been proved from a blessed Hadees. It is stated in Bukhari Shareef:
قال رجل للنبی صَلَّى اللّٰـە عَلَيْهِ وَاٰلِهٖ وَسَلَّم انی اخدع فی البیوع فقال اذا بایعت فقل لا خلابة فکان رجل یقولە’
Commenting on this blessed Hadees Mufti Muhammad Yar Khan Na’eemi رَحْمَةُ اللهِ عَلَيْه has written: This sentence has multiple meanings and Islamic jurists have opinions regarding every meaning. In our opinion, it means: You say that brother, I am simple regarding business transaction. Do not get more money from me than its original price. I have a choice of showing it to someone. If you take more money than the original price from me, I have Khayar-e-Shart, I will return it. In some narrations, it has been mentioned like this: ‘لا خلابة ولی الخیار ثلثة ایام i.e. I be not deceived and I have a choice for three days. In this case, the blessed Hadees is very clear. (Mirat-ul-Manajih, vol. 4) It is stated in Bahar-e-Shari’at: A seller and a buyer have the right not to make the contract of sale at all, but rather set a condition in the contract: If it is not accepted by any of us, the contract will remain no more. It is called Khiyar-e-Shart and both parties need it because sometimes a seller sells a thing at a less price due to not being acquainted or sometimes a buyer buys a thing at a high price due to being unwise or he does not recognize the thing, and therefore he should consult with someone else so that he can get the right opinion. (Bahar-e-Shari’at, vol. 2, pp. 647) It is stated in it: ‘The duration of the choice of return is maximum three days; it can be less than this, but not more.’ (Bahar-e-Shari’at, vol. 2, pp. 649)