Praised Manners - Ruling on participating in a tribal co-op.

My relatives have formeda co-op, in which all the family members are
taking part. This is basedon co-operation between them, wherebyif any
family member has a problem with another family, they will resolve the
problem and reconcile between the two parties. They also have a
monthly meeting in the house of one of the members (in turn) where
they meet and greet one another and hear one another's newsand so on.
They take a sum of money each month from each personwho participates
in this co-op if the participant is working, and the money is kept by
the treasurer. This money is spent in the following ways:
1- Giving loans to family members who need them, to be repaid in installments.
2- Help in paying diyah (blood money) or payingcompensation to any
member of another family who has been runover by a family memberor
paying compensation for any injury cause by a family member.
3- Paying zakaah on this money to needy family members.
4- The co-op also makes lunch after the burial of any family member
who dies, and invites those who were at the graveyard to eat, on the
grounds that there are those among them who have come from far away
etc.
My question is: what is the ruling on taking partin this co-op? Is it
regarded as cooperatingin righteousness and piety? What is the ruling
on making food for the family of the deceased? Do you advise us to
take part in it if it is clear thatmaking food for the family of the
deceased inthis manner is haraam but they do not accept my advice to
stop doing this – knowing that my relatives have started to look at me
with suspicion because I havewithdrawn from it until Ifind out the
shar'i ruling? If such co-ops arenot permissible, then what do you
advise so that that family members can stand together and be united
and not separated?.
Praise be to Allaah.
Firstly:
The co-ops in which the members of a tribe or family come together is
something that Islamically acceptable in principle, and it is
hopedthat there is much goodness in them so long as they are free of
things that are forbidden in Islam.
Allaah has commanded us to co-operate in righteousness and piety, as
He says (interpretation of the meaning):
"Help you one another in Al‑Birr and At‑Taqwa (virtue, righteousness
and piety); but do not help one another in sin and transgression"
[al-Maa'idah 5:2]
The Prophet (peace and blessings of Allaah be upon him) praised the
Ash'aris – who were a tribe from Yemen – who,if their food was little,
whether they were travelling or not, each one of them would bring what
he had, then they would share it out amongst themselves.
It was narrated that Abu Moosa (may Allaah be pleased with him) said:
The Prophet (peace and blessings of Allaah be upon him) said: "When
the food of the Ash'aris ran short during militarycampaigns or if
their food supplies ran low in Madeenah, they would gather what they
had in a single cloth, then shareit out equally amongst themselves by
measuring it with a bowl; they are of me andI am of them." Narrated by
al-Bukhaari, 2384; Muslim, 2500.
Al-Nawawi said:
This hadeeth points to the virtue of the Ash'aris and the virtue of
selflessness and helping one another, and the virtue of combining
provisions when travelling, and the virtueof collecting them in
something when they are few when not travelling, then sharing them
out. End quote.
Sharh Muslim, 16/62
The co-operative funds which are established bytribes and families,
which are collected fromtheir members, then spent on the needy
according to the conditions that have been stipulated, are something
that is prescribed in Islam and it is similar to what the Ash'aris
did, but this is an arrangement made before calamity happens, so that
they may co-operate to solve he problem and reduce the hardship of or
the one who has been afflicted.
Those who participate init should have the intention of co-operating,
not of benefiting and making aprofit. Shaykh Ibn 'Uthaymeen was asked
about one of these schemes and he replied:
I have studied the clauses of the scheme and I did not see anything to
suggest that it should not be set up, ifthe intention of the
participant is to co-operate and not to receive compensation
orbenefits from the funds, because it is based on co-operation which
is a kind of ihsaan, whereas if it is based on receivingcompensation
and benefits it is a kind of gambling.
Majmoo' Fataawa Ibn 'Uthaymeen (18/183).
Among the haraam things which the members of these co-opsmay fall into
is the jaahili feelings of tribal attachment to their lineage or
language, and there may be haraam things in their gatherings such as
smoking or listening to music, for example, or they may help someone
who is sinning in committing that sin, or they may support a wrongdoer
merely because he is related to them. Similarly the money that is
collected should not be invested in haraam projects or in banks. As
for supporting one who has been wronged or one who is in need or who
has beenharmed as the result of an accident or sickness, or helping to
pay diyah in the case of mistaken killing or manslaughter, or helping
single people to get married and othersuch good deeds, this is
something for which they deserve to be commended and applauded.
Secondly:
With regard to making food for funerals, what is prescribed is for the
relatives and neighboursof the deceased person'sfamily to make food
for the family of the deceased, because there has come to them
something that will distract them from preparing food for themselves.
It was narrated that 'Abd-Allaah ibn Ja'far (may Allaah be pleased
with him) said: When news of the death of Ja'far came, the Prophet
(peace and blessings of Allaah be upon him) said: "Make food for the
family of Ja'far, for therehas come to them that which is keeping them
busy." Narrated by Abu Dawood, 3132; al-Tirmidhi, 998; Ibn Maajah,
1610; classed as hasan by al-Albaani in Saheeh Abi Dawood.
Al-Mubaarakfoori said:
What this means is there has come to them grief which will keep them
from preparing food for themselves, because they are too distressed to
think about food. Al-Teebi said: This indicates that it is mustahabb
for relatives and neighbours to prepare food for the family of the
deceased. End quote. Ibn al-'Arabi said in al-'Aaridah: this hadeeth
sets out the guidelines with regard to co-oepration at times of need.
End quote.
Tuhfat al-Ahwadhi, 4/67.
What is forbidden is for the family of the deceased to make food for
those who come to offer condolences, because Jareer ibn 'Abd-Allaah
al-Bajali (may Allaah be pleased with him) said: "We usedto regard
gathering with the family of the deceased and making food after the
burial as akind of wailing for the dead." Narrated by Ahmad, 6866;
classed as saheeh by al-Albaani in Ahkaam al-Janaa'iz.
But if there is a need for that, such as if some people have come from
far away to offer condolences, then there is nothing wrong with making
food for them, so long as that is done only as much as is necessary,
and there is no exaggeration or excess involved, and it is done only
for the travellers, and not everyone who comes to the funeral is
invited, as some people do.
Ibn Qudaamah said in al-Mughni (3/496):
With regard to the family of the deceased making food for the people,
this is makrooh, because it is adding to their hardship, and it is
akin to what the people of the Jaahiliyyah did.
But if there is a need for that, it is permissible. Some people may
have come to attend the funeral from distant towns, and they stay with
them, in which theyhave no choice but to show them hospitality.
Shaykh Ibn Baaz said:
The family of the deceased do not have to make food for people, but if
they make food for themselves or for guests who are staying with them,
there is nothing wrong with that. End quote.
Majmoo' Fataawa Ibn Baaz, 13/392.
Thirdly:
You said in your question that zakaah is paid on the money that has
been collected to theneedy family members. But no zakaah is due on
this money. Shaykh Muhammad ibn 'Uthaymeen was asked about a similar
scheme and paying zakaah on itsfunds, and he replied:
No zakaah is due on these funds, because they are not owned by the
participants, so thereis no specific owner, andthere is no zakaah on
anything that does not have a specific owner. End quote.
Majmoo' Fataawa Ibn 'Uthaymeen, 18/184
The people of knowledge and righteousness have to take part in these
co-opsso that they can advise people and warn them against falling
into sin, and help them in righteousness and piety.
And Allaah knows best.

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