Question 1 :
What do the blessed ‘Ulama [Islamic scholars] state regarding the following matter: Zayd purchases something to eat with the wealth gained through Riba [interest]; will that eatable item be considered as Halal or will it be Haraam?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
For Hurmat [prohibition] and impurity to enter anything which is purchased with Haraam wealth, i.e. for that purchased item to become Haraam and impure, it is necessary for ‘Aqd [contract] and Naqd [money] to coexist on Haraam wealth in “sale and purchase”. The meaning of “Aqd and Naqd to coexist on Haraam wealth” is: A person shows the Haraam money and then says, ‘give such and such a thing for this money’, and then he gives as the price, the same Haraam money which he had shown. In this way, the item which will be purchased will also be regarded as Haraam because of ‘Aqd and Naqd coexisting on Haraam wealth.
1. A person had shown Haraam money while purchasing the goods but he gave Halal money while paying [the price], so ‘Aqd has taken place on Haraam wealth over here but Naqd has not been found [on Haraam wealth].
2. A person had shown Halal money while purchasing the goods but he gave Haraam money while paying [the price].
3. A person had neither shown Halal money nor shown Haraam money while purchasing but he gave Haraam money while paying [the price].
In both of the latter examples, Naqd exists on Haraam wealth but the ‘Aqd does not. Therefore, in these cases, Hurmat [prohibition] will not enter the purchased items, i.e. those items will remain Halal [lawful]. However, remember that the abovementioned ruling is regarding the Hillat [lawfulness] and Hurmat of the item purchased with the money gained through Riba [interest]. Regarding the usage of the wealth gained through Riba, [the ruling is that] it is impermissible and Haraam in all circumstances. (Summarised from: Fatawa Razawiyyah, vol. 16, pp. 298)
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ واٰلِہٖ وَسَلَّم
What is the Islamic ruling on purchasing the items by auction?
Question 2:
What do the blessed ‘Ulama state regarding the following matter: Sometimes, the government organisations hold auction of the items they have confiscated. Is it permissible to purchase such items or not?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
It is permissible to purchase and use the purchased items whose auction is held with the owner’s permission. However, the ‘Aqd [contract] of the item which has been sold at auction without the owner’s permission will depend on the owner’s permission. If the owner expresses consent for this Aqd, it will become valid; the purchaser will be called that item’s owner and it will be permissible for him to use it. If the owner refuses this Aqd, the Aqd will become Baatil [invalid]. Moreover, it will not be Halal [lawful] for the purchaser to use the item [purchased] in the ‘Aqd made without the permission of the owner until the owner expresses consent for it.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ واٰلِہٖ وَسَلَّم
What is the Islamic ruling on selling and purchasing blood?
Question 3:
What do the blessed ‘Ulama state regarding the following matter: Some blood banks sell and purchase blood. What is the Islamic ruling on their act of selling and purchasing it?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Sale and purchase of blood is impermissible, a sin and Baatil [invalid]. However, if the patient does not get blood without [giving] money in the condition of Haajat and Zarurat, it is permissible for him or for his relatives to purchase it but this amount of money is not Halal [lawful] and Tayyib [pure] for the seller.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ واٰلِہٖ وَسَلَّم
Shar’i ruling on smuggling
Question 4:
What do the blessed ‘Ulama state regarding the following matter: What is the Shar’i ruling on smuggling? I.e. what is the Shar’i ruling on taking gold, silver, watches, cloth, etc., from one country [to another country] and selling them, despite the fact that it is a crime according to the state law? I.e. it is a crime in case the goods are brought secretly and the required tax is not paid. Such a practice is carried out in two ways. Firstly, the goods are brought through boats or secret ways instead of normal transportation ways. Secondly, goods are brought through seaport or airport but the officials over there help the people in this illegal practice and because of it, people save the tax money by giving bribe, etc. Please give us guidance on this matter.
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
>The items whose sale and purchase is Halal [lawful] will not become Haraam only because of smuggling. However, using such method will be called impermissible. The reason for it being impermissible is clear as carrying out such a practice is illegal. If a person is caught, imprisonment and disgrace is inevitable. Moreover, a person has to give bribes for continuing this practice which is individually a Haraam [prohibited] act itself.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ واٰلِہٖ وَسَلَّم
What is the Islamic ruling on selling a new mobile at a low price after its box is opened?
Question 5:
What do the blessed ‘Ulama state regarding the following matter: We purchase a new mobile in a sealed box and also pay its price but after opening the box, we do not like the mobile. When we ask the shopkeeper to return it, he takes it back after deducting one or two thousand rupees and at times, even more than it due to which the buyer suffers a loss; what should be done in such a case? Does this practice involve Riba [interest]?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
When a new mobile is switched on for checking after opening [the sealed box], its price decreases. In such cases, our ‘Urf [norm] is that another similar mobile is checked and satisfaction is gained first; then the mobile in a sealed box is purchased and it is not returned if it does not contain any defect. If someone wishes to return it, a new “sale and purchase” takes place, i.e. he comes afterwards and sells it to the shopkeeper. Such a sale is carried out for many items. People purchase cars, use it for a month or fifteen days and then sell it at a low price to the same person from whom they had purchased; so the second deal is a new “sale and purchase” in which there is no harm if the conditions of “sale and purchase” are found in it.