He wants to share out his money between his two young daughters because he fears that his heirs will be unjust to them

I took early retirement, then I received some money from the company I used to work for. This money was put into investment certificates that bring a monthly return, which covers household expenses. I have a wife and two small daughters who are in the early grades at school, and they have a long way ahead of them to finish their education, get married and so on. Is it permissible to distribute these certificates so that they will remain in their (the girls’) names so that they will not be harmed after I die? I have many brothers and sisters, and no mother or father, and I fear that their (my daughters’) rights will be transgressed.

Praise be to Allaah.

It is permissible for the father to share out whatever he wants of his wealth between his daughters and transfer it to their ownership. This comes under the heading of giving gifts. But he does not have the right to share out all of his wealth with the aim of depriving the rest of his heirs. This has been discussed in the answer to question no. 132928

In Fataawa al-Lajnah ad-Daa’imah (16/484) it says: Praise be to Allah, my Lord has blessed me with four daughters, aged 10, 8, 5 and 3 years, and a wife. I have a sister who is married, and she has children. I own a building comprised of four apartments. I have written a sale contract between me and my wife for one third of the value of the building, and I wrote another sale contract between me and my wife so that she can buy the second third for my daughters. So the first third is for my wife and the second third is for my daughters, and I have left the last third. Of course I tell you frankly that I have not received any money; the purpose behind that is so that no one will dispute with them concerning their inheritance, because they are girls (i.e., weak offspring). What is the ruling on that? Please advise me, may Allah reward you with good.

Answer: it is not permissible for a man to draw up a contract to transfer his wealth in order to deprive some of the heirs. Allah, may He be glorified and exalted, is watching each individual and sees his intention and aims. We warn you against doing something for which you may be punished. And Allah is the source of strength. May Allah send blessings and peace upon our Prophet Muhammad and his family and companions.

Bakr Abu Zayd, ‘Abd al-‘Azeez Aal ash-Shaykh, Saalih al-Fawzaan, ‘Abdullah ibn Ghadyaan, ‘Abd al-‘Azeez ibn ‘Abdullah ibn Baaz. Continue reading

Ruling on using donated money to finish preparing the charity organization office

We established a charitable organisation to sponsor orphans in the province in which we live, but we were not able to establish the office for financial reasons. Our question is: is it permissible to use some of the donations to complete the building of the office?.

Praise be to Allaah.

Firstly:

The money that the charity has received must be one of two things:

1.     Obligatory charity (zakaah)

2.     General charity (sadaqah)

It is not permissible to spend zakaah on anything other than the eight categories defined by Allah, may He be exalted, in the verse on how zakaah is to be spent; they do not include building mosques or Qur’aan schools. We have discussed this previously in the answer to question no. 21805

With regard to general charity, there is no reason why it should not be spent on any charitable cause, which includes building a charitable institution to take care of orphans, unless the one who donated the money stipulated a specific way in which it was to be spent, such as sponsoring orphans, for example. In that case it is not permissible to spend it on anything else.  Continue reading

Should he lend money to his sister when he knows that she is going to pay back the loan with haraam money?

May Allah bless you for this good website. My question is:
My husband’s sister gets unemployment benefit from France, but she goes against the conditions for getting this assistance. For example, she lives in Algeria with her husband, who has a job, but she lied and told them that she was living in France and that her husband was not working. And she avoids having interviews with them on the grounds that she is pregnant at the time. The problem is that my husband has lent her some money to buy a house, on condition that she pay him back in instalments from the money that she gets as assistance. Please note that she is able to rent a house, because her husband has a good salary. 
I want to know whether there is any sin on my husband, because he knows the source of this money? What is the ruling on the money that he takes from her as repayment of the loan? 
If my husband’s sister wants to repent, does she have to return this money? 
I would like you to advise our Muslim brothers who take this assistance, which I call it a test or trial, because it weakens their character and religious commitment, and they become followers of the kuffaar and are treated in a manner about which the least that may be said is that it is despicable.

Praise be to Allaah.

It is not permissible for your husband’s sister to get the unemployment benefit mentioned, because she has gone against the conditions of entitlement. The money that she has taken is haraam, and she has to return it to its rightful owners. But there is nothing wrong with your husband lending money to her, even if he knows that she is going to pay back the loan with this money, because he is taking the money in a manner that is acceptable according to sharee‘ah, and the sin is on the one who acquires it; the loan is the responsibility of the borrower and there is no deal concerning the haraam wealth itself.

Dr. ‘Abdullah ibn Muhammad al-‘Imraani was asked about a man who lent someone some money, and he wants to ask for it back now, but the person who borrowed it is going to pay it back with haraam wealth. He replied: The borrower has to pay back what he owes of debts with whatever he earns in a permissible manner. The lender has the right to ask the borrower to repay the debt without asking about how he acquired the money.

If the borrower gives the lender money that is haraam in the way in which he acquired it, it is permissible for the lender because the way he is acquiring it is different, and the sin is on the borrower.  Continue reading

The ministry agreed to cancel his grant for university study but has not asked him to return the money he took

I am a student who had a grant for university study last year (research student contract). And there was agreement that I would not be given any other paid work. After that I got a work contract so I asked to cancel the research student contract. The ministry stopped paying the grant but up till now they have not asked me for the rest of the money that I had received. Have I discharged my duty before Allah and have I fulfilled my obligations towards the ministry? Should I give this money in zakaah or should I wait to make sure that the state is not going to ask for it? Can I use this money in a project with my friend, the capital of which is a riba-based loan?.

Praise be to Allaah.

Firstly:

If the ministry agreed to cancel the grant and did not ask you for the money that you received, that is up to them. But you should make sure that they will not ask for the money in the future before you decide to spend it or use it for a project.

If one year has passed since you acquired this money and it reaches the minimum threshold (nisaab) by itself or when added to other wealth such as gold, silver or cash, then you have to pay zakaah on it, even if you are required to return it or have decided to do so. So long as it is in your possession when the year has passed, then it is obligatory to give zakaah on it.  Continue reading

He took some of his friend’s money without his knowledge and he wants to return it and more

A person has given me money to put it in my saving account in an Islamic bank, and then he will take the profits. I needed some of this money and my intention was to estimate the amount of profit of the amount of money I used, and add it to the profits will be given by the bank when time of distributing profits in 3 months comes, and give it all to him. Is that permissible? Does it include Riba at all? This person does not know anything about this, and I am giving this to him happily considering it a gift?.

Praise be to Allaah.

Firstly:

You did wrong when you took the money without your friend’s knowledge, because it was a trust (amaanah) that was given to you, so it was not permissible for you to transgress against it. By transgressing against the trust you became liable for it, so you have to return the same amount, but you do not have to give anything more than that, unless you took the money and profited from it, in which case the profit must be given to the owner of the money according to the view of some fuqaha’ who think that the profit on usurped wealth and that which comes under the same ruling should not be taken by the usurper, rather it belongs to the owner of the money. You may tell the owner of the money what has happened, then agree on the way in which the profits are to be shared out.

See also the answer to question no. 87695.

If you took the money and did not make any profit from it, then you must return the same amount, and there is nothing wrong with giving something extra as a gift.  Continue reading

Renovating orphan’s property with zakaah money

There are some orphans whose guardian I am, as their father died many years ago. They have a monthly income from their father’s retirement fund of 3500 riyaals. Over the years I have accumulated a large sum of money, of which approximately 150,000 comes from zakaah. Should I stop accepting zakaah on their behalf? What should I do with the zakaah money I have? They have a house that needs to be repaired, and there is still 240,000 owing to the real-estate company.
Can I pay off the deceased’s debts from this (zakaah) money? They have land from the city so can we pay for building a fence around it from this money?

Praise be to Allaah.

Firstly, it is not permissible for you to take zakaah on their behalf, because they have enough money of their own. Zakaah is for the poor and needy, not for orphans. Whatever you have taken at the time when they had enough of their own has to be given back to the original donors, if you know who they are, otherwise you must give it away in charity with the intention of it being zakaah on their behalf, because you took it with the intention of it being zakaah from them.

As for the money that you have accumulated from the retirement fund, use it as you see fit, because Allaah says (interpretation of the meaning): “And come not near to the orphan’s property, except to improve it…” [al-An’aam 6:152].

As for the debt to the real estate development company, you know that it is to be repaid in installments, not all at once, so pay it back in installments. The deceased has nothing to do with it, except with regard to the installments that were due before his death, if he did not pay them. As for the installments that were not due until after his death, they are nothing to do with him because they have to do with this property, the ownership of which has passed to his heirs. So they are responsible for these repayments, and they should not be paid from the zakaah money, because they have enough money of their own with which to pay them. Continue reading

She took some money from her mother when she was still alive without her knowledge, and now she is the only heir

I used to take money from my mother’s wealth without her knowing to buy more clothes and have extra money to spend. I had decided to repent, but my mother died suddenly. How can I absolve myself of this sin? Please note that I am her only heir and everything she owned is now mine. What should I do so that my Lord will be pleased with me? Is my mother’s death a punishment for me from Allah?.

Praise be to Allaah.

If a child takes from the wealth of the one who is obliged to spend on him, whether that is the father or the mother, one of two scenarios must apply:

(1)

He takes what he needs to meet his need for food, drink, clothing and so on. This is permissible, even if it is done without the knowledge of the person whose money it is, if he has no way of getting his rights to maintenance except in this manner. That is because of the report narrated by al-Bukhaari (5264) and Muslim (1714) from ‘Aa’ishah (may Allah be pleased with her) who narrated that Hind bint ‘Utbah said: O Messenger of Allah, Abu Sufyaan is a stingy man and he does not give me enough maintenance for myself and my children, except what I take from his wealth without his knowledge. He said: “Take from his wealth whatever is sufficient for yourself and your children, on a reasonable basis.”  Continue reading

They want to deport him from Australia; can he take money from their companies without their knowledge?

I am living in australia، came here as student، been here for almost 4 years، my family also came last year، i applied for wife’s visa so she study and i work here، but they put objection on application and not giving visa، end of march they will reject application and we have to go back، i just wana ask that after giving them all the fees and everything for 4 years now they rejecting us and we have to leave for nothing? my question is i was using bank credit cards، if they asking us to leave then i wont b repaying money to them، if they not allowing us then i am not paying them، and also i got phone connections which i pay them monthly basis، so i wont be able to pay them as well، i know this will b not good for my future arrival here in non-muslim country، but if they allow me to stay then i pay them all، or pay them if ever they allow me to visit again? what u say about my situation.

Praise be to Allaah.

What the Muslim must do is be a good example of trustworthiness, fulfilling covwnants and good attitude. The fact that Muslims had these qualities was a cause of many kuffaar entering Islam when they saw the beauties of Islam and the good attitude and conduct of its people.

Treachery and betrayal are forbidden in Islam, whether that is with a Muslim or a kaafir. What the Muslim is required to do is to respect the covenant between him and the country where he is or to which he has travelled, even if it is a kaafir country. The fact that it is a kaafir country does not make it permissible to betray it and consume its wealth unlawfully.

So long as that country has granted safety to the Muslim who entered it, and it is giving him protection and protecting his wealth, then he is required to be honest towards that country, and it is not permissible for him to betray it or cheat it.  Continue reading

Ruling on giving zakaah to one’s mother in law; can he eat from her food that she buys with zakaah money?

I wanted to know if it is permissible for me to give zakaat to my grandmother(mums mother),is it permissible for my dad to give zakaat to his mother-in-law?(my mums mother)My mum wants to visit her mother who is very poor and entirely depends on zakaat,is it okay for my mum to eat and live with them for a few days or should she buy her own food and live elsewhere? If i go to visit my grandmother and she offers me food,should i accept knowing that it came from zakaah money?.

Praise be to Allaah.

Firstly:

There is nothing wrong with a person giving his zakaah to his mother in law; rather she is more entitled than others if she is poor and needy, because of the ties through marriage that exist between them.

With regard to the grandson, he does not have the right to give his zakaah to his grandmother unless he is not obliged to spend on her.  Continue reading

Should he perform the obligatory Hajj or give the money in charity to his neighbour who is poor?

If I still have to do the obligatory Hajj, and I am soon going to go for Hajj, but my neighbour cannot find enough to eat every day, is it better to go for Hajj or to give the money I had set aside for Hajj to my poor neighbour, and delay Hajj until next year?.

Praise be to Allaah.

The majority of scholars are of the view that it is obligatory to do Hajj immediately for everyone who has the means.

Ibn Qudaamah (may Allah have mercy on him) said in al-Mughni (3/212):

If a person is obliged to do Hajj and he is able to do it, he has to do it straight away and it is not permissible for him to delay it. This is the view of Abu Haneefah and Maalik. That is because Allah, may He be exalted, says (interpretation of the meaning):

“And Hajj (pilgrimage to Makkah) to the House (Ka‘bah) is a duty that mankind owes to Allaah, those who can afford the expenses (for one’s conveyance, provision and residence); and whoever disbelieves [i.e. denies Hajj (pilgrimage to Makkah), then he is a disbeliever of Allaah], then Allaah stands not in need of any of the ‘Aalameen (mankind, jinn and all that exists)”

[Aal ‘Imraan 3:97]. End quote.  Continue reading