Question 1:
What do the blessed ‘Ulama [Islamic scholars] state regarding the following matter: I have a handcart for [selling] old clothes which contains the clothes used by the Kuffar [unbelievers] as well. It is possible that there may be Najis [impure] clothes also along with Taahir [pure] ones. So is it permissible for me to sell clothes like this? Suppose I even know about a particular cloth that it is Najis, what is the Islamic ruling on selling it?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
It is permissible to sell the clothes in both the cases whether they are Taahir or Najis. However, the clothes will be considered to be Taahir as long as it is not known that they are Najis. If you know with certainty about a particular cloth that it is Najis, buying and selling it will be permissible even then, but the buyer must be informed [about it] so that he does not use it without making it Taahir.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ واٰلِہٖ وَسَلَّم
After which Jumu’ah Azan have we been commanded to stop business?
Question 2:
What do the ‘Ulama state regarding the following matter: On Jumu’ah, at which Azan have we been commanded to stop business?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
As soon as the first Jumu’ah Azan is called out, it is Wajib [compulsory] to stop business and do Sa’ee for Jumu’ah [Salah]. It is impermissible and a sin to buy and sell something after the Azan is called out. Sadr-us-Shari’ah, Badr-ut-Tareeqah, ‘Allamah Maulana Mufti Muhammad Amjad Ali A’zami رَحْمَةُ اللّٰەِ تَعَالٰی عَلَيْه has stated: Sa’ee is Wajib as soon as the first Azan is called out and it is also Wajib to leave Bay’ [بیع] has [sale and purchase] and other activities which obstruct Sa’ee; it is impermissible even if one buys or sells while walking on the path, and buying and selling in the Masjid is a grievous sin. (Bahar-e-Shari’at, vol. 1, pp. 775)
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ واٰلِہٖ وَسَلَّم
What is the Islamic ruling on doing trade or a job without learning the Shar’i laws?
Question 3 :
What do the blessed ‘Ulama and Muftis [Islamic jurists] state regarding the following matter: If a person conducts trade without learning the laws of trade or a person does a job without learning the laws of Ijarah [employment], will his earnings be Halal or not?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
It is Fard for a trader to learn the necessary Shar’i laws of trade and for an employee to learn the necessary Shar’i laws of employment and Ijarah; not learning these laws is a sin. However, if someone conducts business or does a job without knowing the Shar’i laws and any such thing is not found which makes the earnings Haraam, then earnings of such a person will be regarded as Halal. Furthermore, if any such thing is found which makes the earnings Haraam such as receiving full price in trade after weighing less or receiving salary in employment by marking false attendance despite being absent from work, then only that amount of earnings will be Haraam which is equal to the extra price received by weighing less or is equal to the salary which is received for the day whose false attendance was marked. The complete earnings of the person who does not know the necessary Shar’i laws is not Haraam. However, it is a fact that the people who do not know the Shar’i laws keep committing mistakes more. At times, even their earnings become Haraam but they are unaware of it.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ واٰلِہٖ وَسَلَّم
Definition of Ihtikaar [احتکار] and its ruling
Question 4:
What do the blessed ‘Ulama state regarding the following matter: What is Ihtikaar and what is its ruling?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Ihtikaar is strictly forbidden, impermissible and a sin. There are many Ahadees which condemn it. Sayyiduna Umar Bin Khattab رَضِىَ اللّٰەُ تَعَالٰی عَـنْهُ has narrated that the Beloved Rasool صَلَّى اللّٰەُ تَعَالٰى عَلَيْهِ وَاٰلِهٖ وَسَلَّم said: Allah عَزَّوَجَلَّ will make such person suffer from leprosy and poverty who stopped grain from [reaching] the Muslims. (Mishkat-ul-Masabih, Juz: 2, vol. 1, pp. 535) The literal meaning of Ihtikaar is: To hoard something, waiting for a rise in its price. In the Shar’i terminology, Ihtikaar means: To hoard anything which is the basic food of the humans or animals with the intention of selling it when its price will rise, provided that the people face difficulty in case a person does not sell it, and that thing is purchased from the city or near the city. Therefore, if people do not face difficulty in case a person does not sell it or that thing is the produce of a person’s own farm or he has brought it after purchasing from a faraway place, then hoarding in these cases is not included in Ihtikaar. A’la Hadrat, Imam-e-Ahl-e-Sunnat, Maulana Shah Imam Ahmad Raza Khan رَحْمَةُ اللّٰەِ تَعَالٰی عَلَيْه has stated: It is Makruh and forbidden to hoard grain with the intention of selling it when its price will rise, provided that the person has purchased it from the same place or from its nearby place and people will face difficulty in case he does not sell it. However, there is no harm if a person brings grain after purchasing from a faraway place and does not sell it, waiting for its price to rise, or the creation does not face difficulty in case he does not sell it. (Fatawa Razawiyyah, vol. 17, pp. 189) Sadr-us-Shari’ah, Badr-ut-Tareeqah, ‘Allamah Maulana Mufti Amjad Ali A’zami رَحْمَةُ اللّٰەِ تَعَالٰی عَلَيْه has stated: Ihtikaar i.e. hoarding grain is forbidden and a grievous sin. Its form is: A person purchases grain when there is its shortage and does not sell but hoards it to sell it at a very high price when the people become very anxious. However, if this is not the case but he purchases grain in harvesting season and hoards it and then sells it after some days when its price rises, it is neither Ihtikaar nor forbidden. There is no Ihtikaar in things other than the grain. (Bahar-e-Shari’at, vol. 2, pp. 725)
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ واٰلِہٖ وَسَلَّم
What is the Islamic ruling on selling counterfeit products?
Question 5:
What do the blessed ‘Ulama state regarding the following matter: A company made a product and started selling it in the market. Someone else is now making counterfeit copy of this product with the same name and selling this counterfeit product at a low price in the market by using the name of the actual company. What is the Islamic ruling on it? Moreover, what is the Islamic ruling on supplying this product and selling it to the customers?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
It is Haraam to make counterfeit product by using the name of any company and sell it to the buyer without informing, as it is deception and selling the goods by deceiving is impermissible and Haraam. Trade conducted by a Muslim must be free from all Shari’ah-prohibited acts like telling lies, breaking promises and deceiving. There are many Ahadees which condemn these acts.